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Home My WebLink About1997 [08] Aug 21 {Book 12} 1 I-.~~ ." . CITY OF ST. JOSEPH CITY COUNCIL l'vIEETING ~I First Avenue NW August 21, 1997 - 7:00 P.l'vI. '.0. Box 668, 31. Joseph. MN 56374 AGENDA ~320) 363-720 I ~ax: 363-0342 ~ Call to Order. .1 . IL'k ., Approve Agenda. ¿ . 3. CONSENT AGENDA -~ a) Approve Minutes -August 7 & July 22 MAYOR b) Ordinance 36: Telecommunication Free Standing Tower Regulation Kenneth J. Hiernenz Ordinance- Cable Commission reviewed, revised and is recommending approval. C) Assessor for 1998 - Ollie Lesnick - Annually the City notifies the County Assessor of their intent to rehire the City Assessor. ::LERKI ADMINISTRATOR if . PUBLIC CŒ1MENTS TO THE AGENDA Rachel Stapleton r Bills Payable, Call Outs and Overtime ....,. ::OtINCILORJ> o. Navor ( ~ Committee) Reports , C< Bob Loso a) .Building Official Resignation Cory Ehlert b) Update on the Status of the Railroad. c) Coalition of Greater Minnesota Cities - Membership Dues. Ken Twit 0.) Other Matters of Concern. .Niedenfuer --, Council (& Conuni t tee ì Reports i . CI Department Head Report ·0. 9. Clerk/Administrator Reports ai NSP Street Liqhtinq, b) Gary Heltemes·- re~uest for street light on 90ili. c) St. Cloud Joint Powers Agreement 8-1-97 revision.. d) Faneh Corml1unieations Inc. executed 10 year franc~ise for Mark Twain Cablevlsion ë~ Capital OutlayF.equest - Lateral File Cabinet f) Audit for 1997 - Kern, Devlenter, Viere - $7,375. g) Tax Forfeited Property on Ash Street East h) MCFOA Regional Workshop August 21 at Hutchinson - cost $26 i) Other Matters of Concern 10. 8:30 P.l'vI. City Engineer Reports - ., "'-I b\ c) ~ - 8:50 p.m. - Proposed Car Wash - l'vIark & Jackie Holus 1.l... ; ..~ 9:00 n M - Special Use p " - Car 'V'J a .5 h and Office - t" . .1. ;,. . ~ermlL 1'-like Deutz :3. 9:10 Hark Zimmer - 3 Outdoor Liquor permits for SeDt 27, ") t-d, - {)c:t and Octoberfest Oct 1~ - 18 ~, -'- I . ~ A 9:15 P.M. - Access Channel demonstration. 45 minutes .L"ì . lS. lvIi scellaneo us or Announcement Items. lb. Adjourn ftIeeting. .-' . ( , .. 1 . ORDINANCE 36: TELECOMMUNICATION FREE STANDING TOVVER REGULATION ORDINANCE The City of St. Joseph HEREBY ORDAINS: That the existing Ordinance 36 of the St. Joseph Code of Ordinances is hereby rescinded and the following enacted as Ordinance 36: Section 1: PURPOSE. The purpose of this ordinance is to accommodate the communication needs of residents and businesses while protecting public health, safety and general welfare of the community. The City finds that these regulations are necessary in order to: Subd. 1. Facilitate the provision of wireless communication services to residents and businesses; Subd. 2. Minimize adverse visual effects of towers through careful design and site standards; Subd. 3. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and Subd. 4. Maximize the use of existing and approved towers and buildings to accommodate . new wireless communication antennas in order to reduce the number of towers needed to serve the community. Section 2: DEFINITIONS. The following words and terms shall have the following meanings unless the context clearly indicates otherwise: Subd. 1. Antenna. Any structure or device used for the purpose of collecting or transmitting electrical magnetic waves, including but not limited to directional antennas, such as panels, iiJicrowave dishes and satellite dishes, and omni-directional antennas, such as whip antennas. Subd. 2. Commercial Wireless Telecommunication Services. Licensed commercial wireless telf'cûmmunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. Subd. 3. Public Utilliy. Persons, corporations, or governments supplying gas, electric, transportation, water, sewer or land lying telephone service to the general public. For the purpose of tliÍs ordinance, commercial wireless communication service facilities shall not be considered public utility uses, and are defined separately. Subd. 4. Tower. Any free-standing ground or roof-mounted pole, spire, structure or a combination thereof taller than 15 feet, including supporting lines, cables, wires, braces, and masks, ne' wholly contained within a building or other structure, intended primarily for the purpose of ",omüing an antenna, meteorologic device, or similar apparatus above grade. . Subd 5. Multi-User Tower~" A tower to which is attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity. , ' r 4' Subd. 6. Single-User Towers. A tower to which is attached only the antennas of a single . user, although the tower may be designed to accommodate antennas of multiple users as required by this ordinance. Subd. 7. Amateur Radio and Television Towers. A tower used exclusively for transmission anu reception by an amateur radio operator, which is located on the same property as the radio or for residential television reception, and does not exceed 40 feet in height. Subd. 8. ExemQted Dish. A satellite or micrmvave dish that is 1:\vo meters or less in diameter and used for reception of signals exclusively for the occupants of the property on which it is located. Subd. 9. Accessorv Utility Buildings. All utility buildings and structures accessory to a to\ver. Subd. 10. Building Mounted Antenna. A wireless communications antenna mounted on or attached to the roof or wall of an existing building. Subd. 11. COlDmercial Towers. A to\\'er designed or used for commercial wireless telecommunications services, public radio transmission or commercial television transmission. Section 3: PERMITIED ZOi\TJ.NG DISTRICTS. The construction and maintenance of a c'mrnercial tower shall be permitted within the following zoning classifications, pursuant to a conditional use permit granted in accordance with the Zoning Ordinance. Amateur radio, television . tmvers and exempted dishes shaH not require a conditional use permit. Subd. 1. Industrial Districts. All permitted towers and antennas. Subd. 2. Agricultural Districts. AU permitted towers and antennas. Subd. 3. Public Districts. All permitted towers and antennas. Subd. 4. General Business. Building Mounted Antennas, Exempted Dishes and antennas not attached to a tower. Section 4: GENERAL PERFORMANCE STANDARDS. All towers shall meet the ~ollowing performance standards. Subd. 1. Multi-User Requirements. A proposal for a new commercial wireless communication tower shall not be approved unless the City finds that the telecommunications equipment plans for the proposed tower cannot be accommodated by an existing or approved tower or building within a one-half mile search radius of the proposed tower due to one or more of the L,llowing reasons: a) The planned equipment would exceed the structural capacity of the existing or approved tmver, as documented by a qualified and licensed professional enginec, and the existing or approved tower cannot be re-enforced, . 2 e , [ . modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. b) The planned equipment would cause interference materially impacting the useability of other existing or planned equipment at the tower as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. c) Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. d) Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. Any proposed commercial wireless telecommunication service tower shall be designed (structurally and electronically) in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users. The tower must be designed to allow for future re-arrangement of antennas upon the tower and to accept antennas mounted at various heights. Subd. 2. Tower and Antenna Design Requirements. Towers and antennas shall be designed . to blend into the surrounding environment through the use of color and camouflaging architectural treatment except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Commercial wireless telecommunication service towers shall be of a monopole design unless the City determines that an alternative design would better blend in the surrounding environment or allow for greater future multi-use. Subd. 3. Landscaping and Screening. The City shall establish, as a condition of approval of a commercial tower, reasonable requirements relating to landscaping and screening to improve the aesthetic appearance of the base of the tower and accessory buildings. Existing on -site vegetation should be preserved to the maximum extent possible, Subd. 4. Fencing. All commercial towers and accessory buildings shall be enclosed within an aesthetically acceptable fence with a locked gate to prevent unauthorized entry. The fence shall be at least eight feet, but not greater than ten feet, in height. Subd. 5. Construction Standards. All towers shall be constructed and maintained in accordance with the Electronic Industry Association Standards and all applicable building codes. Subd. 6. Minimum Spacing. Minimum spacing between commercial tower locations is one- fourth mile; except antennas wholly contained with a building or other structure and not visible to the general public shall be exempt from this spacing regulation. Section 5: TOWER SETBACKS. All towers shall confirm with the following minimum setLeck requirements. . 3 . . 1 Subd. 1. All towers shall be set back from property lines a minimum of 125% of the height . of the tower, including all antennas and attachments. The height of the tower shall be measured from the average grade of the property on which it is located or the actual tower height, whichever is greater. Subd. 2. Buildings accessory to a tower shall comply with the setback requirements of the zone in which the tower is located. Subd. 3. Commercial towers shall be set back a minimum of 1,000 feet from schools or structures used as dwellings and a mininmm of 600 feet from property zoned for residential use. Subd. 4. A tower setback may be reduced or varied, at the sole discretion of the City, if the variance will facilitate the integration or the tower into an existing or proposed structure, such as a church steeple, light standards, power line support device or similar structure. Section 6: TOWER LIGHTING. A tower shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other state or federal authority for a particular tmver. When incorporated into the design standards of the tower, light fixtures to illuminate ball fields, parking lots or similar areas may be attached to the tower. Section 7: SIGNS Ai"-TD ADVERTISING. The use of any portion of a tower for signs other than a warning or equipment informational signs is prohibited. Section 8: ABA1\TD01\TED OR UNUSED TELECOMMU.ì\TICATION TOWERS. . Abandoned, unused telecommunications towers or portions of telecommunications towers shall be removed as follows: Subd. 1. All abandoned, unused towers and associated facilities shall be removed váthin 12 months of the cession of operations at the site unless a time extension is approved by the City. In the event the tower is not removed within 12 months of cession of operations at the site, the tower and the associated facilities may be removed by the City and the cost of removal assessed against the property. Subd. 2. Any unused portions of towers above a manufactured connection shall be removed within six (6) months of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. Section 9: U'\TTERFERENCE OF PUBLIC SAFETY COMMUI'\TICATIONS. No new or existing telecommunication service shall interfere with public safety communications. All applications for a conditional use permit for new service shall be accompanied by an intermodulation study which provides the technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of a new service or change in existing service, telecommunication providers shall notify the City at least ten 10) calendar days in advance of such changes and allow the City to monitor interference levels uril1g the testing process. . 4 c.v- . c . . 1 · Section 10: CONDITIONAL USE APPLICATION SUBMITTAL. In addition to the information generally required to accompany a request for a conditional use permit as found in the Zoning Ordinance, applications for towers shall include the following supplemental information: a) A report from a qualified and licensed engineer which: i) Describes the tower height and design, induding a cross section and elevation. ii) Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas; iii) Describes the towers capacity, including the number and type of antennas it can accommodate. iv) Describes how the applicant will take to avoid interference with established public safety communication. v) Includes the engineer's stamp and registration number. vi) Includes other information necessary to evaluate the request. · b) Letter of intent committing the tower owner, and successors, to allow the shared use of the tower if any additional user agrees in writing to meet reasonable terms and conditions for shared use. c) Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration. d) A report from a qualified and licensed professional engineer which demonstrates the tower compliance with all applicable structural and electrical standards. e) A site plan showing the boundaries of the property on which the tower is located, adjacent land uses, the location of the tower and any accessory buildings within the property, distance setbacks from property lines for the tower and accessory buildings, fence locations, and proposed landscaping or screenmg. Section 11: BUILDING MOUNTED ANTENNAS. The placement of a wireless telecommunication antennas on roofs of walls of existing buildings or structures shall be approved by the City as a conditional use provided that the antennas meet the requirements of this ordinance, after submittal of a final site and building plan, and a report prepared by qualified licensed professional engineer indicating the existing building structure suitability to accept the antenna as ,\'èll as a proposed method for affixing the antenna to the structure. Complete details of all fixtures, cmpling~;, and the precise point of attachnl.ent shall be indicated. · 5 ~ . , , Section 12: AMATEUR RADIO TOWERS. Amateur Radio and Television Towers and . antennas are subject to the standards and conditions established by this ordinance, except for those specific to commercial towers. The City may waive strict compliance with this ordinance if it finds that the stated purpose of this ordinance is met. Section 13: PENALTIES. A violation of this ordinance shall constitute a misdemeanor. Each calendar day of a continued violation of the ordinance shaH constitute an individual misdemeanor or offense. This ordinance was adopted this day of August, 1997, and shaH be effective upon adoption and publication. Mayor Clerk J: \&~ n \ misc\j hs\ af052197 .251 . . 6 . , Coalition of Greater Minnesota Cities REPRESENTING OVER HALF A MilLION PEOPLE August 13, 1997 Mayor Ken Hiemenz City of St. Joseph PO Box 668 St. Joseph, 1\1N 56374-0668 Dear Mayor Hiemenz: Thank you for your interest in the Coalition of Greater Minnesota Cities and allowing Mayor Les Heitke to visit 'you and the St. Joseph City Council this summer. . I've enclosed a statement of dues from our Treasurer Scott Hutchins. At our summer conference, the Coalition membership approved a single assessment structure; each city will pay $1,000 plus $1 per capita. We also approved a phase-in of the rates for new members. Your dues would be 50 percent of the assessment rate in the first year, 75 percent of the assessment rate in the second year, and finally the full assessment rate in the third year. I hope you have found benefit with your trial membership in the Coalition. Mayor Heitke will be calling you soon to answer any questions you or other city staff may have about the assessments specifically, or pennanent membership in the Coalition in general. Again, thank you for your consideration. We certainly could use the membership and participation of a key city like St. Joseph, and we will be happy to provide you the information you need to corne to a decision. Sincerely, ~~.L"'J'JJt1kNa.,. Kathleen Sheran Mankato City Council Chair of CGMC Membership Committee Enclosure . . Coalition of Greater Minnesota Cities REPRESENTING OVER HALF A MILLION PEOPLE MEMORANDUM To: Mayor Ken Hiemenz, St. Joseph From: Scott Hutchins, CGMC Treasurer Date: August 13, 1997 Re: CGMC Membership Assessments for New Member Cities -------------------------------------------- At the CGMC annual meeting August 8, 1997, the Coalition membership approved a single assessment. structure; each city will pay $1,000 plus $1 per capita. We also approved a phase-in of the rates for new members. Your dues would be 50 percent of the assessment rate in the first year, 75 percent of the assessment rate in the second year, and finally the full assessment rate in the third year. If the city of St. Joseph chooses to join the Coalition of Greater Minnesota Cities, the 1998 assessment would be $2,703. Payments may be made out of your 1997 or 1998 budgets, but payments should be made by February 1, 1998. If your city decides to join now but pay later, please notify me at 218.299.5376 so we can add you to our membership list to begin participation and receiving our Capitol Faxes immediately. Some cities have been paying their assessments for annexation and environment out of their utility funds because of the direct impact of these issues on their sewer and water service. Approximately 14 percent of your assessment can be attributed to the CGMC's environment program and 11 percent to the annexation program. Please direct payment to: Scott Hutchins, CGMC Treasurer City of Moorhead " 500 Center A venue, Box 779 Moorhead, MN 56560 . If you have a question about your CGMC assessments, please call Scott Hutchins at 218.299.5376. , ''''t , , , · MEMO OFFICE OF THE MAYOR To: Donald Adams, Stearns County Bob Haannan, City of Sauk Rapids Bob Therres, City of Sartell Rick Miller, City of Waite Park Rachel Stapleton, City of St, Joseph Richard Speak, Benton County Dave Loch, Sherburne County Steve Reckers, MN Planning Bill Hansen, St. Cloud Area Planning Organization Representative Joe Opatz, District 16A Patti Gartland, St. Cloud Planning Director Steve ÇJaetz, St. Cloud Asst. City Engineer i From: Chris Hagelie, City Achr..inistrator d//- · Subject: St. Cloud Area Joint Planning Project Joint Powers Agreement Date: August 5, 1997 This is the latest revision of the 8t. Cloud Area Joint Planning Project Joint Powers Agreement. The 8t. Cloud City Council will consider approving this agreement at their August 18, 1997, meeting. '\- · 400 2nd Street South · St. Cloud. MN 56301-3699 (612) 255-7201 · FAX: (612) 255-7205 The City of 51. Cloud. Minnesota will not discnminate against any employee or applicant for employment because of race. color. creed. religion. national anglO. sex. disabilily. age. marital status. or status with regard to public assistance in employment or the provision of services. Upon request. accommodation will be provided to allow Individuals wilh disabilities to participate In all city services. programs ana activities. r REVISED 8-01-97. . ST. CLOUD AREA JOINT PLANNING PROJECT JOINT POWERS AGREEMENT 1 TillS AGREEMENT, made and entered into on this _ day of ,1997, 2 between the undersigned governmental units located in the Counties of Stearns, Sherburne and 3 Benton, State of Minnesota, 4 WITNESSETH: 5 WHEREAS, there is a demonstrated need for mutual understanding and cooperation 6 between the undersigned governmental units to implement the Community-Based Planning Act 7 as embodied in Minnesota Statutes _, Chapter _, Subd._; 8 WHEREAS, there is a demonstrated need for mutual understanding and cooperation . 9 between the undersigned governmental units in planning for urban growth in areas which they 10 govern; 11 WHEREAS, Minnesota Statutes 471.59 authorizes two or more governmental units to 12 enter into an agreement for the cooperative exercise of delegable powers; 13 WHEREAS, the respective members hereto, being desirous of joining together in an 14 association to be named "St. Cloud Area Joint Planning Project" for the purposes hereafter set 15 out; 16 WHEREAS, there is a need to create or designate an organization to continue the St. 17 Cloud Area Joint Planning District planning function. 18 NOW, THEREFORE, in consideration of the mutual terms, covenants, and conditions 19 herein agreed, the parties agree as follows: . 1 ., . , · government have ratified this agreement. All representatives shall be elected 2 officials. 3 3, FUNDING 4 Operating funds will be obtained by a grant from the Minnesota Office of Strategic and 5 Long-Range Planning. 6 4. REMOV AL OF MEMBER FROM THE BOARD 7 If a representative misses three consecutive meetings without prior notification, that 8 representative will be considered to have resigned, subject to reappointment. Prior to fmal action 9 on this implied resignation, the Board Chair will notify the principal elected official of the affected 10 member in writing and request a written statement concerning the status of this representative. · One month will be allowed for the written reply. The Board.will have final authority to dismiss 12 a representative who will be replaced in accordance with Article II, Section 2 & 3 of this 13 agreement. 14 5, OFFICERS 15 The officers of the Board shall be Chair, Vice-Chair, Secretary, and Treasurer. All 16 officers shall be elected and serve until the planning project is completed. 17 6, MEETINGS 18 A. Regular meetings of the full Board will be held on the _ of the 19 Meetings will start at , or as scheduled by the Board, at the meeting place 20 designated by the Board. 21 B. A special meeting may be called by the Chair of the Board for urgent business with · notification to the representatives by telephone. At least one representative of each 3 «' 1 listed in Article II, Section 1. . 2 10. QUORUM 3 A quorum will consist of 6 voting representatives. The Board cannot conduct business at 4 a duly called meeting without a quorum of the representatives present. S 11. AMENDMENTS 6 The joint powers agreement of the St. Cloud Area Joint Planning District may be amended 7 by ratification of all member units. 8 12. TECHNICAL ADVISORY COMMITTEE 9 The Board will establish a Technical Advisory Committee to advise on the technical aspect 10 of creating and implementing a St. Cloud Area Joint Planning District Plan. 11 13. PUBLIC PARTICIPATION 12 Public participation in the St. Cloud Area Joint Planning District project shall be identified . 13 in its planning process. 14 14. PROJECT ADMINISTRATION 15 The administrative and fiscal agent(s) of the St. Cloud Area Joint Planning District Board 16 shall be the County of Stearns. 17 15. EMPLOYEES 18 Employees of the member Cities and Counties serving as representatives of the technical 19 advisory committee or providing project administrative services shall not be considered employees 20 of the joint powers board for any purpose including, but not limited to, salaries, wages or other 21 compensation or fringe benefits; worker's compensation; unemployment compensation-' or 22 reemployment insurance; retirement benefits; social security; liability insurance; keeping of . 5 ,. ,. . , · B. To perfonn other duties which may lawfully be assigned to it and which .' 2 may have a bearing on the preparation or accomplishment of Article III. 3 C. To collect, hold and disburse funds, and to make contracts as necessary to 4 accomplish its purposes for project and project related activities. 5 D, To apply for and receive State and Federal funds to accomplish its purposes 6 for the St. Cloud Area Joint Planning District project and related activities. 7 E. To recommend to all member units of government what organization 8 should be designated or created to coordinate and administer the district plan. 9 2. The Board must strictly account for all funds and reports on all receipts and 10 disbursements to granting or funding agencies and to its members. · 3. Nothing in this Agreement gives the Board the power to usurp the power given to its members by the laws of Minnesota. The Board shall not have the power to regulate land use, 12 13 zoning, building, physical development, platting and subdivision control, and the Board shall not 14 have the authority to engage in work which may be paid through special assessments pursuant to 15 Minnesota Statutes 429, 16 ARTICLE IV. District Plan Adoption and Amendment 17 The Board shall adopt a preliminary District Plan with a 2/3 majority vote of all members, 18 The preliminary District Plan shall be conveyed to all members within fourteen working days of 19 the Board's approval. 20 Members shall take action on the preliminary District within sixty working days of receipt of the Plan. Before the preliminary District Plan shall become the [mal District Plan, all members ~. 21 · 7 " . 1 in writing to the clerk of the governing body of each member, the board ~hall hold a hearing and . 2 upon a 2/3 vote of all members entitled to vote, the board may by resolution recommend that the 3 Agreement be terminated. The resolution shall be submitted to the governing body of each 4 member and if ratified by 2/3 of the governing bodies of all members within sixty (60) days, the 5 board shall terminate this Agreement, allowing reasonable time to complete work in progress and 6 dispose of personal property owned by the board. 7 Upon termination of the area joint planning effort, all property purchased or owned 8 pursuant to this Agreement shall be sold and the proceeds thereof together with monies on hand, 9 shall be distributed to the current members. Such distribution of assets shall be made in 10 proportion to the total contributions by the respective members over the entire duration of this 11 Agreement. 12 ARTICLE VIII. Severability . 13 If any portion of this Agreement is found to be void, unenforceable or unconstitutional, 14 or any combination of these, by a court of competent jurisdiction, the remaining portions of this 15 Agreement shall remain in effect. 16 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their 17 proper officer or representative. 18 ". 9 . Alvin M. Kern . Duane N. DeWenter Loren M. Viere Gerald A. Stover ~. V u 0 I." t II- Lt'" KeithW.Julson íi nern, e""en Sf, "I ere, u. Dway~eB. ~ockendorf '] . . . David H. Hmnenkamp D CertlflBd PubIJc Accountants ChristopherP. Shorba August 6, 1997 Ms. Rachel Stapleton City Administrator/Clerk-Treasurer City of St. Joseph P.O. Box 668 St. Joseph, MN 56374 Dear Ms. Stapleton: We are prepared to audit the City's general purpose financial statements as of and for the year ending December 31, 1997, subject to the City Council's approval. Our audit will be made in accordance with generally accepted auditing standards and will include tests of the accounting records of the City of St. Joseph and other procedures as we consider . necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors and banks. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. An audit is based primarily on the selective testings of accounting \ records and related data; therefore, our audit will involve , judgment about the number of transactions to be audited and the areas to be tested. Because we will not perform a detailed audit of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however of any matters of that nature that corne to our attention. Our . responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. 220 Park Avenue South P.O. Box 1304 Sf. Cloud, MN 56302 320-251-7010 FAX 320-251-1784 . Cïty of St. Joseph . August 6, 1997 .. Page 2 We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related controls, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees will type all cash or other confirmations and prepare various schedules we request and will locate any invoices selected by us for testing. Our charges for these services will be based on the time of partners and staff members participating in the engagement, but will not exceed $ 7,375. If at any time during our audit, any extraordinary matters come to our attention and an extension of our services appears to be required, we will do so only after consultation'with you. If these arrangements meet with your approval, please sign the duplicate copy of this letter in the space provided and return it . to us. Thank you. Sincerely, KERN, DEWENTER, VIERE, LTD. ~~ David Hinnenkamp Certified Public Accountant DH:rn ' Enclosures Approved: Date: . , . . .' To: St. Joseph City Council Members From: Mark and Jackie Molus Reference to: Application for a Special Use Permit Requested by Mike Deutz Having witnessed the procedure of a Planning Comm- ission meeting (August 4) for the very first time, we be- lieve an injustice was done to us and the City of St. Joseph, by the Planning Commission giving the OK to Mike Deutz' request for a Special Use Permit to construct an automatic car ,{ash. This OK ''las granted without Mike Deutz having answers to many of the city's established standards for Special Use Permits, many of which were not addressed at the August 4th meeting. We hope that by the time you have reviewed this letter, we will have been in contact with each of you personally, to help you understand why we feel we were misled into be- lieving that we had no choice or say in the outcome of the Planning Commission's decision. We do believe that the Plan- - ning Commission's decision does greatly effect the outcome - of the City Council's decision. The unanswered questions that follow will hopefully explain why we were forced to get onto the August 21st agenda of the City Council Meeting, for our own welfare and that of the city. Our wishes are that these questions are answered before it is too late. Too late meaning, another business being issued a Special Use Permit with or without standards set. If standards are set, are they being followed? If not, ,·¡ha t is being done to the business owner? Unanswered questions to the Standards: Subd 4: Standards. The Planning Commission shall recom- mend a special use permit and the Council shall order the issuance of such permit only if both the Planning Commission and Council find that such use at the proposed location: a) Will not be detrimental to or endanger the public health, safety, morals, comfort,convenience or general welfare of the neighborhood or the City. A can'lash is being constructed in hopes of generating increased traffic flow to the wash and existing business. ^' The area in which the carwash is proposed takes away from . the privacy once had of the surrounding homeowners. Existing privacy trees have already been removed. With this and a line up of vehicles waiting to enter the carwash, deprives us of the privacy and comfort of our own homes. (page one) c) Will be designed, constructed, operated and main- tained so as to be harmonious and appropriate in appearance with the existing or intended char- acter of the general vicinity and will not change the essential character of that area. The area Mike Deutz plans to develop, although zoned otherìvise is still a residential area. We feel this should be taken into consideration for the issuance of the special use permit for the carìvash. Mikes plan for office and retail space are fine, we feel the wash is not a good fit for the surrounding neighborhood. d) Will not be hazardous or disturbing to existing of future neighboring uses. Again although zoned otherwise, this is a residential area. The noise and traffic generated from the carwash will be nothing but disturbing now and later. Mike has discussed things such as restricted hours, he has openly stated that when or if the Molus' sell their property, he wants the restrictions lifted so he can operate 24 hours. It is hard to believe ·that any persons living at this residence would be in acceptance of a 24 hour carwash. f) Will not create excessive additional requirements at public cost for public facilities and services - and will not be detrimental to the economic wel- _ fare of the community. Mike does not show in his plans to curb the perimeter of his lot ìvhich will obviously add to an existing problem of alleY - drainage, not to mention runoff onto adj acent prop- erties. The paving of the alley running north and south of the property is a definite cost to every neighbor along its path,not to mention the additional cost to the city in the future to properly control the drainage. g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive pro- duction of traffic, noise, smoke, fumes, glare or odors. Not only ìvill the excessive production of traffic, noise, smoke, fumes etc. be detrimental to our well being, the noise generated from the carwash blowers and vacuum als? will be. A privacy fence may deflect some of this, though can hardly control the volume of noise that the blower can produce. (page two) 4IÞ . , Checking with the Minnesota POllution Control Agency, Brian"Timerson, Noise Control Specialist, Brian has informed us of the MPCA Standards for noise decibels. Which is 65 dBA at 50ft.LIO(10% of an hour) for residential, 70 dBA for com- mercial and 80 dBA for industrial. These levels are at the receiving land. We are not experts on this but think this 'should be evaluated further. Mikes effort to deflect noise by extending his building 8 ft. from the original plan may or may not be effective. At what distance from the opening will the blower be installed? What will be the decibel level in this position? h) Will have vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. The traffic coming off of Cty 75 is already a problem. Add to this more traffic from cars trying to enter Birch St from Cty 75 & North College Ave. and exiting from Birch St onto No. College from the carwash. Like the drainage problem you will only be adding to an existing problem. ~ . (page three) Besides our contact with Brian Timerspn from the MN Pollution Control Agency Noise Div. for information on noise levels, we also have talked to several other carwash owners and carwash suppliers for their vieÌ'Ts and opinions. John Tm·msend, Amoco Station Owner, Savage, MN ph# 612-890-0146 John has a single bay wash, . 46 ft. long with the blower mounted about 6 ft. back from the door. He stated that if he was building a 50 ft. bay, he ,.¡Quld fully enclose the whole operation to control noise for the residents living near his station(nearest house being approx 150ft. aw·ay) He also stated that even with a wash bay that is shorter, a wash system that is incorporated with the dryer system can be used with the doors closed until the blm'ler stopped. (the dryer goes around the car instead of the car going through the dryer) . Fleetfarm- Lakeville, MN This ·''lash is 4 bays ''lide, 56 ft. long and has a PDQ Lazer Dry System which is much quieter than many ''le listened to. The dryers have an intake on the roof and if moved back could be ran with the doors closed-cars must drive fonlard from the wash more than an entire length to - cars get to the dryer. The attendant also said the dryers are - on a 60 second timer, though ,.¡i 11 automatically shut off if the car exits the dryer early. Peter Burgauld, Sales Manager for "Relaible Plus" ph# 800-782-8793 Peter states the only way to quiet the noise from the blOlvers is with a closed door system, such as the dryer attached to the wash. He states the Holiday station in Elk River has this system and has never had a noise complaint. Houses being within a 80 ft. range of the can'lash. When told of he distance of our home to the proposed site of the '-Tash, he could only laugh. Terry Adams, from"Natiomdde l1ash Systems" ph# 612-829-0515 Terry told of the two dryer systems he handles and the noise they put out. Thrust Pro: 65 decibels at 50' 70 decibels at 40' , 'î'hese levels are from the exit with the door open. 15 ft. . from exit would be 80 decibels, ''lhich is 15 decibels higher than MPCA levels. (page four) · , ) , Slimline: 10 decibels less for each reading and is mainly used for closed door systems or shorter bay washes. Terry also has noise reduction systems for dryers, though says he has been in the business for 30 years and there is no way to quiet down a wash even with noise reductions systems, unless a fully enclosed door system is used. ~ tIÞ (page five) If you as the City Council decide to grant Mike Deutzs' request for a special use permit, "le ,,,ould like you to be aware that we have met with Mike Deutz and Bob Loso to try to corne up with conditions that might work out for both of us. It still leaves stipulations unanswered to the City's m'ln standards concerning: Traffic safety, additional costs and requiremnets to the public and drainage. Host important, ,,,ill these conditions be transferrable in the event of the sale of property. Subd 6: Conditions. In recommending or approving any special use permits, the Planning Commission and Council may impose conditions which are considered necessary to meet the standards of this Ordinance and to protect the best interests of the surrounding area or the City as a ,.,hole. Requested Conditions: 1 . Snm" remova 1 : no snm" piled up at the SE corner, front of lot, adjacent to our dri ve"Tay. 2.Drainage: ·Pavement sloped, so as not to drain ont%r un- der the fence adjacent to our property. 3.Fence:A fence deflecting noise, excessive traffic, fumes, - odors etc. Consisting of at least 7 ft. in height from top to ground, running the length of the lot (from rear of lot -- to approx. 15 ft. from sidewalk on College Ave.). 4.Noise generated from can"ash: fully enclosed carwash (exit door is closed the entire wash and dry cycle). and must meet the standards set (residentual)by the HPCA. 5.0perating hours: 7am-l0pm Sun-Sat. Conditions transferable 'vi th sell of either properties. 6.Fire Code: To meet the City of St. Joseph's Fire Code in accordance with adjacent properties/structure. PLEASE SEE ATTACHED DIAGRAHS (these should better show you our position and concerns relative to the noise issue) . -. (page six) . . . . VT It, IT,! S tt€() -.- ." Ex If F~D """ p~ ~oSE~ WftSH BcED Rö Ù M ~.. 3 GA-Rlr6E > > ßfDRobM. I. ,,' ,>1 >. 0 \lAc.. \.ItJ M " (page seven) , , w__"-._____._~__ .._....-------------.._-_..--------...~------------#. ..-w-- _ ___.. . , DRYER NOISE I , PLASTIC DRYERS ¡ I I I i . i I ì------l I I I CARWAS~_-.J ¡ ! ! ¡ , I i -~-., I I I I VTtI...IT'f I, i I r I I SHE" i I I '----.J I I -11- ~r.r:L- - --I' . \&~oa~ ( "- > ., I ì / I ~ ( I ') GARAGE I ...... / t Cf') I ( I I \ :f---~ t'''~1 I ~A ~8 OB("')) I (62 DB(A» 21 FT WI DRYER ... -~ ... WI DRYER I I ~r~-h.,.,..... '. ö'Pe tJ ! 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(L .D n D v' ""0 ,,/1 -0 uJ 0. :<: .:t: :<: ~CL 01- uJ o...·uJ O.......x. I:)_X: (page nine) ltJ p~r-_ i..)"3t- v~ .. ~ ~ r "'. . I .---- .... -, -_.-. .... ~ . "--'0 __ .__ _.__ ! + I _ ~ ' --- - .0 I _ ~ ' w ' 90ft. ~ ""Ceo 80 it l.L.. ~ E <1> U) 70 \'t. 0 a.. cu t---.O.. 80 \'t .. .. C Z . It. ~ ...J >- (J "=' (J o ~ 40 It. <:: (J C Urn 0°0 Z 0:;; ,_ 0.,_ oo:! 0..; 30 It. :;; "- '- ro O a::...J CEO t) (!J ...J 0 0 0 a:: <t §: ü ~ 0 ...J a::: Z ü ill - 0 >< ~ O:â 0 ..._............................. LlJ a: I.\J:.:= 0 ................ _ I ì r- CJ)!:;; it::;¡ ü 5: I "1MIlIG _ ' (j) ....... ...J a:: , _ i W cr:: 0 @ ~I.\J¡!: I, ~'~ <1:; ~ w > >- J: Q -, ww " CD >- UJ ~ 2 B ~ ¡ _15 ~ 0 W Z IX!:::;~ ! ~ I l/) (j) cr:: 0 J: . ' ¡,"", <0 '" -0....1 !2 >. i 0 g: o <1:;?;~ ¡ ;;; ~ Zº 0 :.:= ~ ! l/) ;:: , ~Z ü U ! E 0 '\ et: Cf) <!. 0 -è L....... ... 0 15 I-' a: " L. ..; I W :5 en :::; 0 "'" tV co « Ü en 150 I ~ Q..::r: ,w " '" I ' u.. 0.. I(/)", L. '" ..... I I 0 0 0 _ t « ~ g'.:.; , "'^ z I.(j 0 >. ~ ._ OJ ,., 0> " ~ " " > 0;:;; - ùi >'-< 0- U ro (l) "" v, ~ () = tV- "" 0 ¡.. z 'S:r. C > "'" ~ tV I ..; ìõ .., - < '" ¥ OL ,_ (J e! -oQ)'~ o 0 ¡"ò c: (J-~ 0 I "" "'-ò) L.(Jc'g" "tV :; '2: - '¥O0!1 '" 0 tV ë .2 '" V> - '!! Ii! . I/'Õ 01 '§ .!!1 ~ 0 ~ '" " 00 0> C c: ...D [J ~ ...."'0 '", C _ "'E ' 0:ß" ,"" ~ t-- ._ 1: '0 .i!J <i: .¡ ...J t" õ is ~ ~ ¥ 001 -g (J C D.t: ~ .. ~ - ~ · " "'- Q) ¡:::- u¡ ~ ~ - t-- ~ .0 " ,_ tV :';1-2... '~OH '- E 0..01; '" . ' t" -"'" 'ø ~ W . ' .. ".. ~ «<1:;'tJ." i ~ " <I ~ 11 O~I , ' :I:~",u..", . I , c:¿ ~ . ' ~ 11 OC' & i I . ø § , OJ ~ " ¡.. ~ '0 ___._ ~ (page ten )_n_ .._ ... .~. - - - , , , .- T RAJKOWSKI HANSMEIER LTD. Attorneys at Law Reply to: St, Cloud ST. CLOUD August 13, 1997 11 Seventh Avenue North P.O. Box 1433 Ms, Rachel Stapleton SI. Cloud, MN 56302-1433 St, Joseph Clerk Administrator 320'251'1055 City Hall 800'445'9617 P.O. Box 668 FAX 320'251'5896 St. Joseph, MN 56374 MINNEAPOLIS Re: Platting of Industrial Park 3908 IDS Center Our File No. 18274 80 South Eighth Street Dear Rachel: Minneapolis, MN 55402 612'339'9206 I have prepared this letter to summarize our conversation of August 12, 1997. At 800'445'9617 that time, you informed me that the Council had some questions with regard to the FAX 320'251'5896 platting of the industrial park property. Specifically, could the City undertake . platting at this time and the recovery of costs incurred by the City. INTERNET ADDRESS Platting of property is undertaken by the owner of the property. Therefore, since rajhan@cloudnet.com the City does not own the property contained in the industrial park, we cannot proceed with platting. FRANK J. RA¡KOWSKI . t On the other hand, I believe that we can proceed with formulating some general GORDON H. HANSMElER plans as to the location of streets and the method by which the essential services will FREDERICK L. GRUNKE be provided, With this plan in place, we can later require the property owners to THOMAS G. JOVANOVICH prepare the preliminary and final plats in accordance with those plans. JOHN H. SCHERER PAUL A. RA¡KOWSKI t Although I would defer to Joe Bettendorf as to what general planning should be KEVIN F. GRAY done up front, I would think that it may be enough to simply designate the general WILLIAM J. CASHMAN location of streets and the sewer and water utilities. The actual preliminary plats RICHARD W. SOBALVARRO can contain the detail, The preliminary plats would be prepared and paid for by the BRIDGET M. LINDQUIST owners. BRIAN L. WILLIAMS For the most part, I believe that Joe has already put together drawings showing the overall plans for the area. I do not think that it would be necessary for him to do much of anything more at this time with regard to creating a general development design for the industrial park area, If something more is required, such as an area FRA1\.'K J. RAJKOWSKI IS ADMITIED TO PRAcnCE drainage plan, we can attempt to recoup part of the cost as the property is L'l NORTII DAKOTA1 developed, I believe it would be appropriate for developers to reimburse a cost of GORDO:-J H. I-IA.'lS?-.ŒŒR this nature since it entails work usually required by the developer when platting IN NORTH DAKOTA M'D WISCO:-JSIN, . PAUL A. RAKOWSKI IN WISCONSIN property. The recoupment of costs should be addressed up front with a developer WILUAM J. CASH.""" IN SoL'TH DAKOTA. when a preliminary plat is presented, >t ME~ŒER OF A\.1ERIC-\.'! BoARD OF TRIAL ADVOCATES. t QUAUFlED ADR NEL-rRAL. < .- Ms. Rachel Stapleton August 13, 1997 Page Two At the time the preliminary plats are approved, there would be further review by the City. Expenses incurred at that time would also be subject to recovery from the property owner or developer. Please let me know if you have any other questions in this regard. Very truly yours, RAJKOWSKI HANSMEIER LTD. JHS/baz cc: Joseph Bettendorf . ~ \geD. \1&274\af081397.011 < . V ~.~ --'-"", , ~ - Pursuant to due call and notice thereof, the Planning Commission and City Council met - in joint session on Tuesday, July 22, 1997 at 7:00 p.m. in the St. Joseph City Hall. City Council Members Present: Mayor Ken Hiemenz. Councilors Bob Loso, Cory Ehlert, Ken Twit, Mary Niedenfuer, Planning Commission Members Present: Chair Hub Klein. Commissioners S. KatWeen Kalinowski, Marge Lesnick, Linda Sniezek, Dan Nierengarten, Kurt Schneider. City Representatives Present: City Clerk/ Adm Rachel Stapleton, City Engineer Joe Bettendorf, Deputy Clerk Judy Weyrens, EDA Director Chad Carlson. Others Present: Bud Reber, Steve Frank, Mark Mimbach, Arnie Scheeler, Gary Schroeden Capital Improvement - Streets: Hiemenz stated the City needs to review the policy regarding the improvement to alleys, including financial responsibility. City Engineer Joe Bettendorf discussed alley improvement policies of adjoining municipalities. Sauk Rapids requires the property owner to pay 100% of the improvement and the City of St. Cloud requires the property owner to pay 66% of the improvement, Ehlert questioned Bettendorf as to the current policy for St. Joseph. Bettendorf . responded that the City currently requires the property owner to pay 100 % of the improvement and the City must receive a petition with 100% property owners affected by the proposed improvement. Bettendorf stated that the alleys in the business district have been paid for 100% by the property owners. In addition, an alley was improved in 1996 where the property owner also paid 100% of the improvement. Niedenfuer questioned how many homes in St, Joseph have their only access through an alley, and if that would make a difference in a policy adopted by the Council. Niedenfuer reported that we have a situation where a property owner is requesting to have the alley abutting her property improved with the City bearing the costs. Loso stated that the City cannot afford to improve alleys at the current cost ratio of 60 percent property owner and 40 percent City. Budget constraints will require the City to review the current policy for any street improvement, Loso questioned Bettendorf as to cost difference between a street improvement and an alley improvement. Bettendorf responded the cost is approximately one half as there is not curb and gutter involved with an alley improvement. Those present discussed a policy whereby the City would improve all the alleys in St. Joseph as the nearest intersecting streets are improved. Twit questioned if the Council was establishing a policy before a decision is made to have all alleys tarred, He stated that some residents may not want their alley tarred. An improved alley creates new problems such as increased speed. Additionally, some residents may not feel the cost . July 22, 1997 Page 1/5 ~ . .- It - of improvement will be a benefit to them as they don't have direct access to their - property from the alley. Bettendorf also clarified that improving alleys will not resolve all drainage problems. Niedenfuer again questioned if the Council can make a decision regarding the property owner requesting improvement of her alley. Niedenfuer also stated that it is her opinion that all property owners have the right to have an improved access to their home. Hiemenz stated that the City cannot make an exception for a specific property owner. Once the policy is established it must be followed. Twit discussed the financial benefit of property owners abutting an alley as they do not have to pay curb and gutter. Therefore, requiring a higher cost participation for alley improvements is not unreasonable. After considerable discussion, Loso made a motion to establish the following policy for alley improvement: Alley Improvement without City Project: If property owners abutting an alley request to pave an alley when the alley does not intersect a current street project the property owner will pay 90 percent of the improvement with the City contributing 10 percent. Additionally, the City must receive a valid petition of adjoining property owners with 80% signature support. Alley Improvement with City Project: The City will improve the alleys in St. Joseph as they intersect with street projects. The property owner will be responsible for . paying for 80 percent of the cost and the City will contribute 20 percent. The motion was seconded by Twit and passed unanimously. Al Stellmach - Special Use, Mini Storage Units: The Council discussed if the City would determine the color of doors for the proposed mini storage units. After reviewing the color choices and the role of the City, Loso made a motion to not get involved in the specifics of the door color. The motion was seconded by Twit and passed unanimously. Land Use Moratorium: Klein discussed the land use moratorium recommended by the Planning Commission. He stated that when property has been annexed it carried the same zoning classification as in the Township. The area of concern is property north of Minnesota Street to County Road 75 from 3rd Street NE to 16th Avenue. This property is currently zoned R-3, as it was in the Township. R-3 in St. Joseph Township allows for commercial uses in addition to residential uses. Therefore, this area needs to be re- classified. The second area of concern is North of County Road 75 from College Avenue North west to Millstream Park. When the City originally zoned this property St. Joseph did not have an Industrial Park and it was intended to have Industrial Development along this corridor. However, since that time the City annexed the Indus-trial Park. . Jul)' 22, 1997 Page 2/5 ;~ "': _.~ . . - Twit stated that he felt the moratorium was justified but questioned what impact it - would have on the EDA Director. Carlson responded that he has had some interest in property adjacent to County Road 75 and would work with the developers if the moratorium would be implemented. He has one completed application for development in the moratorium area. Kalinowski stated that the recommendation was a unanimous vote by the Planning Commission. She also stated that development applications should not have been received after the recommendation for moratorium as the governmental process had already begun. Hiemenz requested Stapleton to clarify with the City Attorney when the moratorium becomes effective and if the development application received is valid. Niedenfuer made a motion approving Special Interim Ordinance 1997-1 placing a development moratorium on all real property located in the following areas: a) That area lying north of Minnesota Street East; east of Third A venue NE; south of the Burlington Northern right-of-way; and west of Sixteenth Avenue NE b) That area lying north of County Road 75 right-of-way; west of College Avenue North; south of the Burlington Northern right-of-way; and east of Millstream Park. The motion was seconded by Twit and passed unanimously, . Comprehensive Plan: Kalinowski presented the revised Comprehensive Plan and stated that all the changes requested by the Council have been completed. The revisions included changing references of the Planning Commission to the City and including the business community throughout the Plan. She also stated that the Planning Commission requested additional input from interested persons by attending the St. Joseph Chamber meeting and opening two meetings for additional comment. Steve Frank expressed the following concerns: 1) discouraged mentioning private groups in the Comprehensive Plan; 2) discussed quality of life concerns and encouraged the Plan to be more than land use planning; 3) questioned the rationale of appointing Board/ Commission members that do not live within the City limits, 4) it is his opinion that the Boards/Commissions are a "good old boys club" and encouraged the City to change this image and not allow residents to serve on multiple boards; 5) encouraged the City to include youth in the Comprehensive Plan and actively pursue goals pertaining to such. Those present discussed the need to incorporate youth activity goals in the Comprehensive Plan. Hiemenz discussed calls he has been receiving regarding park issues and requested the Park Board to work with the residents. Lesnick stated that she too has been receiving calls and the main issue is the hockey ring. She stated that the '" Park Board attempts to accommodate all interested persons when they attend meetings. The Park Board will be addressing the hockey rink issue and she is confident the . July 22. 1997 Page 3/5 , . ., , - proposed resolution will meet the needs of the residents of St. Joseph. Lesnick also .' requested that future concerns be forwarded to the Park Board. Hiemenz requested the - Park Board consider implementing year round activities in addition to facilities. Kalinowski made a motion to adopt the Comprehensive Plan with the following corrections: · Addition of recreation for people of all ages · Addition of recreation all year round · Addition of reference to the Economic Development Authority · Verification of the term Park and Recreation -vs- Park Board. The motion was seconded by Twit and passed unanimously. Steve Frank stated his objections to the manner in which the Comprehensive Plan was just adopted. He stated this is a public hearing and he had to request to speak and when he did his comments were not given consideration. Schneider stated the Council and Planning Commission did listen to what he had to say and discussed the information before making a decision. Communication, Planning Commission and City Council: Kalinowski discussed the concern she has when reading the St. Joseph Newsleader and from its contents senses friction between the Boards. She stated the Planning Commission and Council are both working for the betterment of the City and need to work together. The Planning . Commission takes their responsibility seriously and reviews the Ordinances when making a recommendation to the City Council. If the Council has questions or need further clarification on a recommendation, the issue should be sent back to the Commission. Further, if the Council is privy to information regarding a specific issue, that information should be presented to the Commission at the time of the hearing. It is her understanding that it is the responsibility of the Planning Commission to conduct the Public Hearing and all information should be presented at this time. Additionally, it is the role of the Planning Commission to do the footwork for the City Council. The Council should not receive new information after a hearing is conducted. The Planning Commission tries to be very articulate in all recommendations made to the City Council. Finally, she stated it is not good public relations to look as though the Council and Commission are fighting in the public arena. Niedenfuer stated that the Commission has a difficult job and she appreciates all the work they do. However, she stated she has a difficult time approving something when the City Attorney advises them not to. Twit stated the Council received a letter from the City Attorney regarding the Variance requests for Leander Zipp and Leon Hoffman. The letter was received the night of the meeting and the Council needed to recess to review the information. Kalinowski stated that it would have been helpful had they referred the matter back to the Planning Commission, or forwarded a copy of the"'letter from the Attorney to the Planning Commission. . July 22, 1997 Page 4/5 ......... ~ ... , . . - Hiemenz stated the Council cannot always refer the matter back to the Planning - Commission because of the 60 day Statutory requirement on Land Use Issues. He also stated his support of the Planning Commission. Lesnick stated the Planning Commission has a great liaison and the Council should refer to him if they have questions. Lesnick also clarified that the Council only receives the minutes of the Planning Commission meetings and does not have knowledge of all the detail of the discussion. She encouraged the Councilors to attend the Planning Commission meetings to gain a better understanding. Open Meeting Law: Hiemenz reminded those present of the open meeting law and the necessity to disperse immediately after meetings. A video tape on this law is available for any Board or Commission wishing to view such. Adjourn: Twit made a motion to adjourn at 10:00 p.m.; seconded by Loso. The motion passed unanimously. ~d7' ¿J-E-Y~vf dy Weyrens . eputy Clerk " July 22, 1997 Page5/5 . ~ . , i ,- . . Pursuant to due call and notice thereof, the Economic Development Authority for the City of St. Joseph met in regular session on Wednesday, July 9, 1997 at 8:00 a.m. in the St, Joseph City Hall, Members Present: Chair Kenneth Hiemenz, Board Members Ken Twit, Bruce Gohman, Ross Rieke, Mike Deutz. EDA Director Chad Carlson. Recording Secretary Judy Weyrens. Approve Minutes: Gohman made a motion to approve the minutes of the June 11, 1997 EDA meeting as presented; seconded by Twit. The motion passed unanimously. Job Description: Carlson presented a revised draft of the job description for the position of Economic Development Director. Twit made a motion to approve the job description as presented with the addition of a signature line for the employee and City to sign. (see attached appendix A) The motion was seconded by Gohman and passed unanimously. By-Laws, St. Joseph Economic Development Authority: Carlson discussed the proposed By-laws and agrees with the City Attorney's recommendation to adopt the expanded version. Carlson stated that when applying for grants it is important to have concise by-laws. Board Members discussed the section detailing the meeting times and places. After considerable discussion, the Board agreed to delete the wording in the by- . laws as it relates to the location and time of Board meetings. Instead the meeting dates will be established at the annual meeting of the Economic Development Board. The Board also discussed the role of the Board and Director and how those roles relate to the by-laws. Gohman made a motion to approve the by-laws as presented with the above corrections. (See appendix B) The motion was seconded by Rieke and passed unanimously. (Twit left at 8:50 a.m.) Funding Alternative: Carlson discussed fundp'g alternatives available and stated that grant applications require proposed projects before application. Additionally, most of the funding sources are tied to job creation, Carlson suggested that a Revolving Loan Fund committee be established before application is made, The Committee should consist of a resident, 2 individuals from the finance field, and 2 individuals from the business community. Development Checklist: The Board discussed the need to establish a checklist for prospective developers which identifies the procedures for developing in St. Joseph. The checklist should include deadline requirements. Gohman made a motion to direct the EDA Director to establish a development checklist. The motion was seconded by Rieke and passed unanimously. .., . July 9, 1997 Page 1/2 . EDA Director Reports: Carlson reported on the following development activities: . Vie West is still interested in relocating in St. Joseph .' · · Sunset is preparing plans to expand at their current site · Carlson visited Central Canvas and found them happy with their location · St. Cloud Window is still looking at St. Joseph as a possible site The EDA is scheduled to meet with the City Engineer and Leo Buettner to discuss the development of the Industrial Park. Housing Development Seminar: Carlson requested authorization to attend a Housing Seminar sponsored by the Central Minnesota Initiative Fund. Gohman made a motion to authorize the attendance of Chad Carlson at the Housing Seminar as requested. The motion was seconded by Rieke. The motion passed unanimously. Adiourn: Gohman made a motion to adjourn at 9:50 p.m.; seconded by Deutz. The motion passed unanimously. ~CL'I !;)~wt5 . J dy Weyrens ecording Secretary July 9, 1997 Page 2/2 -, . , \ .- , . BY-LAWS .' of THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF ST. JOSEPH, STEARNS COUNTY, MINNESOTA RECITALS: 1. The City of St. Joseph ("City") acting through its City Council ("Council") has, in accordance with Minn. Stat. 469 ("Act"), adopted a resolution creating an Economic Development Authority in and for the City of St. Joseph ("Authority") which is governed be a Board of Directors ("Directors")made up of members selected in accordance with and serving terms established in the Resolution; 2. It is the purpose of the Authority to encourage, attract, promote, and develop economically sound industry and commerce within the City for the prevention of unemployment in the City; and 3. The Act and Section 2 of the Resolution provides for the adoption of By-Laws and rules to govern the procedures and the transaction of business by the Authority. NOW, THEREFORE, be it resolved by the Board of Directors for the authority as follows: ARTICLE I . THE AUTHORITY OF DIRECTORS Section 1.01. General Powers. The Board of Directors, except as otherwise provided in the Act, the Resolution, or these By-Laws, shall exercise all the powers, duties, and functions ofthe Authority conferred by the Resolution, the Act, these By-Laws, other state statutes, common law, court decisions, or those otherwise regarded as normal powers of governing Boards. Section 1.02. Office. The principal office of the Authority shall be at City Hall, St. Joseph Minnesota 56374. Section 1.03. Resignation. Any Director of the Authority may resign at anytime by giving notice to the Council. The Council shall cause such vacancy to be filled in the manner prescribed in the Resolution. ARTICLE II OFFICERS, ORGANIZATION AND COMMITTEES Section 2.01. Officers. The officers of the Authority shall be a President, Vice President, Treasurer, Secretary, and an Assistant Treasurer, each which shall perform the duties or said office in the manner specified in the Act and these By-Laws. A director may not serve as President and Vice President at the same time. The other offices may be held by the same person. The offices of Secretary and Assistant Treasurer need not be held by a Director of the Authority. Section 2.02. Election, Term of Office, and Qualifications. The President, Vice President, and Treasurer shall bè elected annually at the annual meeting by the Board of Directors from its members and each shall hold office until the first regular meeting of the next year and until his or her successor shall . have been dully elected and qualified. The Secretary and Assistant Treasurer may be elected annually by the Board of Directors from its member . or appointed by the Board of Directors from qualified members ofthe community and each shall hold office until the first regular meeting of the next year and until his or her successor shall have been dully elected or appointed and qualified. Section 2.03. President. The President shall preside at all meetings of the Board. Section 2.04. Vice President. The Vice President shall preside at any meeting of the Board in the absence of the President and may exercise all powers and responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. Section 2.05, President Pro Tem. In the event of the absence or inability of the President or Vice President at any meeting, the Board may appoint any remaining Director as President Pro Tem to preside at such meeting. Section 2.06. Treasurer. The Treasurer shall receive and be responsible for Authority money, shall disburse authority money be check only (in accordance with Section 3.05 herein), keep an account of all Authority receipts and disbursements and the nature and purpose relating thereto, shall file the Authority's financial statement with its Secretary at least once a year as set by the Authority, and be responsible for the acts of the Assistant Treasurer. Section 2.07. Assistant Treasurer. The Assistant Treasurer shall have all the powers and duties of the Treasurer if the Treasurer is absent or disabled, and shall have signing authority in accordance with Section 3.05 herein. Section 2.08. Secretary. The Secretary shall keep or c~use to be kept minutes or all meetings or the . Board and shall maintain or c~use to be maintained all records of the Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time and by resolution prescribe. Section 2.09. Executive Director. The Executive Director shall be designated from time to time by the Authority, shall be the chief appointed executive officer of the Authority, and shall have such additional responsibilities and authority as the Board may from time to time by resolution prescribe. The Executive Director shall serve at the pleasure of the Board. Section 2.10. Resignations. Any officer may resign at any time be giving written notice of his or her resignation to the Board of Directors, to the President, or to the Secretary of the Authority. A vacancy in any office because of death, resignation, removal, or any other cause shall be filled for the unexpired portion of the term in the manner prescribed in these By-Laws for election or appointment to such office. Section 2.11. Advisory Committees. The Board of Directors may utilize one or more advisory committees to assist it in the transaction of its business. Committee Members may be members of the Board of Directors, members of the Council, or other interested individuals. The Board of Directors shall establish each advisory committee and appoint its initial members. In the event a vacancy occurs during an advisory committee member's term, the President shall have the power to fill such vacancy for the unexpired portion of any term. Every advisory committee member's term shall expire at the close ofthe year next following the date of appointment or as soon thereafter as a successor has been appornted. The Chair of each committee shall be appointed by the President of the Authority. The studies, findings, and recommendations of all advisory committees shall be reported to the Board of Directors for consideration and action except . otherwise ordered by the Board of Directors. Advisory committees may adopt such rules for the conduct of business as are appreciate and consistent with these By-Laws, the Act, the Resolution, or other state . , , ~ . . law. Minutes ofthe advisory committee meetings shalI be kept and made a part of the official records of the Authority. A quorum shalI consist ofa majority ofthe incwnbent advisory committee members. ARTICLE III FINANCIAL MATTERS Section 3.01. Books and Records, The Board of Directors of the Authority shalI cause to be kept the folIowing: 1. records of alI proceedings of the Board of Directors and the committees, if any; 2. such other records and books of account as shalI be necessary and appropriate to the conduct of the Authority's business; 3. alI financial statements of the Authority; and 4. the By-Laws of the Authority and all amendments and restatements thereof. The books and records ofthe Authority shall be public records maintained in accordance with state law and such rules, regulations, and ordinances adopted by the City for maintaining public records. Section 3,02. Accounting System and Audit. The Board of Directors shall cause to be established and maintained, in accordance with generally accepted accounting principals or adopted and applied to the financial records of the City, and appropriate accounting system for the Authority. The Board of Directors shalI cause the records and books of account of the Authority to be audited and at such other times as may be deemed necessary or appropriate by the Board of Directors or Council. The Authority may retain such person or firm for such purpose as it named by the City for the audit of its records. . Section 3.03. Compensation. Members of the Board of Directors may receive a salary or fee for their services as set forth by City Council which in no case shall be greater than that of a Council member. They may also receive necessary travel, per diem, and other expenses while on official business of the "- Authority if funds are available for this purpose. The Board of Directors of this Authority may, however, to the extent alIowed by law for the transactions between public bodies and their members, provide for the payment of compensation to, and for the payment or reimbursement of expenses incurred by and between the Director, officer, agent, or employee of this Authority for services rendered to this Authority or the sale of goods and materials to the Authority which are used in furtherance of the purposes of this Authority to the extent the compensation or amount of expenses paid or reimbursed, as the case may be, is reasonable, not excessive, and was done pursuant to contracts entered in accordance with laws governing public bodies. Section 3.04. Fiscal Year. The fiscal year ofthe Authority shall be the same as the fiscal year adopted by the City Council. Section 3.05. Checks, Drafts, and Other Matters. All checks, drafts or other orders for the payment of money and alI notes, bonds or other evidences of indebtedness issued in the name of the Authority shalI be signed by the Treasurer and the President, or by such officer or officers, agent or agents, employee or employees of the Authority and in such manner as may ITom time to time be determined by resolution of the Board of Directors. The check must state the name or the payee and the nature for which the check was issued. . . ARTICLE IV . PROCEDURES FO THE BOARD Section 4.01. Annual Meeting. The annual meeting of the Board shall be held in the month of January in each year. Section 4.02. Regular Meetings. The Board of Directors may hold its meetings in such a place or places within the State of Minnesota as it may from time to time detennine. The Board shall hold regular meetings, at a time and place to be set by the Board of Directors at the annual meeting. The meetings shall conduct the business of the Authority. The Authority is a public body, and notice of such meeting shall be given in such a manner as is required by law. Section 4.03. Special Meetings. Special meetings shall be held on call by the President or by two Directors or by the Executive Director. Notice of such meeting shall be made by the Exe~utive Direçtor or the Secretary by mail, personal delivery, or telephone notice to each Director in accordance with the laws governing notices of speçial meetings for public bodies. Each such notice shall state the purpose, time, and place of the meeting. Section 4.04. Quorum. Except as otherwise provided by the Act, the Resolution, or these By-Laws, a majority of the total number of Direçtors shall be required to constitute a quorum for the transaction of business at any meeting. The act of a majority of the Directors present at such meeting shall be the act of the Board of Diréctors. Notice of any adjourned meeting due to absence of a quorum need not be given other than as is required by law for a public body. Section 4.05. Proxies. Proxies shall not be allowed or used. . Section 4.(16. Rules of Order. All meetings shall be governed by the most recent edition of the Roberts Rules of Order as revised from time to time. ARTICLE V AMENDMENTS AND CONFLICTS Section 5.01. Amendments. The Board of Directors may amend these By-Laws, as from time to time amended or restated, to include or omit any provision which could lawfully be included or omitted at the time such amendment or restatement is adopted. Any number of amendments, or an entire revision or restatement of the By-Laws shall be submitted and voted upon at a single meeting of the Board of Directors and be adopted at such a meeting, a quorum being present, upon reçeiving the affinnative vote of not less than two-thirds of the total number of Directors of the Authority. Section 5.02. COftflicts. These By-Laws are adopted pursuant to Authority granted by the Act and Resolution, each of which contain rules and regulations governing the conduct of business by the Authority. Should any section or item in these By-Laws be in conflict with the Resolution, Act or state law, as amended from time to time, such section or statement shall be deemed void, and the remaining provisions or these By-Laws shall, nonetheless, remain in full force and effect. ", ARTICLE VI MISCELLANEOUS Section 6.01. Services. The Authority may contract for the services of consultants, agents, public . accountants, and others as needed to perfonn its duties and to exercise its powers. The Authority may also . , . . ~ , . use the services of the City Attorney, City Engineer, and or hire other consultants as determined by the Authority. Section 6.02. Supplies, Purchasing, Facilities, and Services, The Authority may purchase the supplies and mäferials it needs. The Authority may use the facilities of the City's purchasing department. The -"~~. City may furnish offices, structures and space, stenographic, clerical, engineering and other assistance to the Authority. These By-Laws are adopted as and for the By-Laws ofthe St, Joseph Economic Development Authority on the day of , 1997. Economic Development Authority, in and for the City of St. Joseph, Stearns County, Minnesota By &anJ. President Attest: ' Secretaty . . . . . . VILLAGB OF ST. JOSEPH, MD!N. SANITARY S~NER SERVICE LINE . ....- t NAME: MAT K J c~T _~£aI~c;:Þ~a.~c=-_~Clltc:a.. LOT NO.: -1.",. BLOCK NO.: 12- SUED: ORlGIÑtl.1- TOWN _~C::»""ss:....___~_....- ADVh~S: _ as __ ~ t=-- _ 0;» ... .. _ _ _ NUL 12 O~ /0 I I NORTH I I I I { ¡:r; Property Line I . - - I ~ I ~ 3q'_~ I ¡:q \ J }~ .I (j) J ". I ~1 , ,- \¡j [~ouse ) I ~ 3 --- Q ~ ~ ~ f'4 .' H Çi Z '<:- - - ~ : Property Line (j) <.. ? -('.I E- - Ç:i Çi µ E- CI ". . 1 . . . ~ , . City of St. Joseph Position Description Position Title: Economic Development Director Department: Administration FLSA Status: Exempt Position Objective To plan, organize, coordinate economic and community development plans, programs, and services. Duties and Responsibilities Community Development: · Provides coordination of various organizations to assist with the City's community development projects . · Manage City's community development activities and provide guidance to community development programs and services · Develops funding proposals for community development. including the preparation of grant and loan applications · Assists in developing short and long term plans for community development (i.e. Comprehensive Plan) · Serves as a resource to the Planning Commission in matters involving land use permits, i subdivision plats, annexation, and land development; also provides written andlor oral recommendations as needed · Evaluates land use proposals; checks conformity to existing land use regulations and makes written and/or oral recommendations as needed · Other activities as they relate to the City's community development efforts Economic Development: · Guides and manages the development of land for economic development activities · Assists in the development of short and long term plans for economic development · Creates and maintains a comprehensive inventory of available buildings, sites, funding sources and other resources needed to promote economic development for the City . . . . · Become an active participant in area organizations that assist with economic development activities. hands on approach · Development, manage and distribute promotional material for economic development for the City · Manage and promote the City's Revolving Loan Fund and Assistance Program and assure compliance with set pOlicies of the program as established by the EDA Board · Monitors City. County, State. and Federal legislation and regulations impacting economic and community development activities, providing such infonnation to the EDA Board · Develops funding proposals for economic development. including the preparation of grant and loan applications · Evaluates land use proposals as they relate to economic development; checks conformity to existing land use regulations and makes written and/or oral recommendations as needed · Other activities as they relate to economic development General: · Ensures the maintenance of accurate and complete records of department activities (Le. . Workplan Report) · Prepares and administers annual EDA operating budget · Serves as a resource for the Planning Commission. City Council, and EDA Board · Acts as the contact person for the community regarding community and economic development activities · Attendance at the EDA Board meetings and other City functions as required · Coordination with other City and St. Joseph Township departments as development activities occur (Le. Annexation) · Other duties as assigned or apparent Essential Knowledqe. Skills. and Abilities Communications: Must have the ability to actively list to others for understanding of their needs and situations; ability to speak and write English clearly. Must be able to assertively control conversations in order to quickly and accurately gather pertinent infonnation, and forward that infonnation professionally and precisely to the proper recipient. Be able to read and understand correspondence, memoranda and directive:>. . J . - , . ..'- 1 . Decision Makina: Must act in a decisive manner, using good judgment. Must be able to assess problems and situations and able to anticipate needs and evaluate alternatives. Must be able to effectively interpret the policies and objectives of the department. Must be able to evaluate community/economic development material and make sound recommendations based on factual data. Interpersonal and Professional Relationships: Must be consistent in dealing with people; must be sensitive to others problems and concerns without direct involvement, must exclude personal biases from work performance; must have the ability to accept criticism and/or discipline; must have tact and diplomacy; must strive to promote a cooperative atmosphere in the department; must have a positive attitude. Be active in professional organizations that will provide assistance and resources to the community for economic and community development. Professional Attitude: . Must have commitment to the EDA Board, City and department; willingness to take initiative; dependability; maturity in relations with others; and self confidence. . Must represent the EDA Board, City and department to other agencies, staff, and citizens with a courteous, helpful and business-like attitude in all telephone and personal contact. Must be able to assist customers with questions relating to community and economic development. Must be able to make recommendations based on existing policy, community attitude and budget constraints. . Qualitv of Work: Must be able to produce quality, accurate work. Must be able to detect and correct errors. Must be able to utilize work time properly and productively. Must be able to make sound recommendations to appropriate committees/commissions that would not cause undue hardship to the City. Technical Knowledae: Must have knowledge of community and economic development, planning and zoning, grant and loan preparation, public presentations and other related skills. Must have ability to interpret the City's Comprehensive Plan, zoning and subdivision ordinances, EDA guidelines and budgetary administration. Phvsical Abilities: Must have the ability to read and discern visual images on a variety of media. Must have the ability to operate a computer. Minimum Trainina and Experience: Bachelor's Degree in Public Administration, Economic Development, Business, Urban Studies, Planning, Geography or related field and four (4) years of EDA and/or planning experience. Desirable Trainina and Experience: Master's Degree in Economic Development, Urban Studies, Planning, Geography or related field and two (2) years of EDA and/or planning experience. Extent of Supervision or Guidance Provided: ~. Works under the direction of the Economic Development Authority (EDA). The Director shall . maintain an open interface with other City boards and commissions. The Director will have the responsibility to make day to day operating decisions of the department. . . Responsibilftv for Public Contact: The Director will be responsible for a high level of public visibility. The Director will maintain an effective working relationship with other City employees. civic organizations and the general public. Supervision of EmlJlovees: Supervises interns as assigned. Position Description Approved: By EDA Board Chair Date By Mayor, City of St. Joseph Date . -.. Jobdescr.doc 6/24/97 . ~ , , --, · Pursuant to due call and notice thereof, the Economic Development Authority for the City of St. Joseph met in special session on Thursday, July 24, 1997 at 8:00 a.m. in the St. Joseph City Hall. Members Present: Chair Kenneth J. Hiemenz. Board Members Bruce Gohman, Ken Twit, Ross Rieke, Mike Deutz. Recording Secretary Judy Weyrens. EDA Director Chad Carlson. Others Present: City Engineer Joe Bettendorf, Leo Buettner. The purpose of the meeting was to discuss the Industrial Park and alternative Transportation and Utility Plans for servicing the area. City Engineer Joe Bettendorf presented a drawing of the proposed transportation network for the Industrial Park. The network illustrates the re-designing of County Rd 133 as well as arterial roads for the Park. Bettendorf stated the City may be required to pick up some additional right of way for the re-alignment, but he will check on this matter further, Bettendorf also stated that at this time the railroad is not willing to release any additional crossings. The Board discussed the need for 12th Avenue SE to extend north to County Road 133. Gohman stated that if this link is not completed, the City has not increased the · ingress / egress to the Industrial Park. After considerable discussion as to the need for the connection Gohman made a motion requesting the City Council proceed with securing the necessary right-of-way to extend 12th Avenue SE north to County Road 133. This ROW should be secured at the same time the design of County Road 133 is completed. The extension of 12th Avenue SE would provide for better traffic flow, ease traffic congestion, and increase access to the Industrial Park. The motion was seconded by Rieke. The motion passed unanimously. The Board discussed the lack of adequate ingress/egress to the Northland Addition. In reviewing the proposed transportation network for the Industrial Park, existing Gumtree Street in the Northland Addition appears to be a natural connection to Elm Street in the Industrial Park. This access would not require an additional release of rail crossing and would provide the much needed relief for Northland. The extension of Gumtree would require the purchase of ROW from the Warnert farm. The Board discussed the large amount of wetland on the Warnert farm presenting the need for a topographical layout to aid in planning. Rieke made a motion to facilitate the connection of existing Elm Street through the Industrial Park to Gumtree Street East in the Northland Addition to provide relief to the residents living in Northland Addition. The motion was seconded by Deutz. The motion passed unanimously. 0, · July 24,1997 Page '11 . The Board discussed the plat for the Industrial Park and the process involved. Leo e Buettner requested to leave parts unplatted to provide for multiple size lots. When lots are purchased they can be platted. Beuttner also requested the Board consider moving proposed 15th A venue NE west to allow for multiple size lots for development. Bettendorf stated that he will be reporting to the City Council on platting options at the August 7, 1997 Council meeting. Carlson, Buettner and Bettendorf will continue to work on this issue. Deutz made a motion to move proposed 15th Street NE in the Industrial Park to the west to accommodate the property owner, allowing for multiple size lots. The motion was seconded by Rieke and passed unanimously. Buettner requested to exclude up to four (4) acres of his property abutting County Road 75 and the realigned County Road 133 from the proposed TIF District. He stated that he would like to leave the property out to accommodate a small commercial project such as fast food or convenience store. Twit stated that he is not in favor of spot zoning if that is the request of Buettner, and without conducting the necessary hearings the City cannot affirm a specific zoning classification. Carlson clarified that at this time Buettner is requesting the four (4) acres to be left out of the TIF District. Deutz made a motion to honor the request of Buettner and leave up to four (4) acres out of the TIF District. The property is located at the intersection of County Road 75 and the realigned County Road p3. The motion was seconded by Gohman. The motion passed unanimously. The Board also discussed the future extension of Elm Street on the eastern edge of the . Industrial Park. This extension is not included in the current improvement plan of the Industrial Park. Deutz made a motion to extend the Transportation Network of the Industrial Park to include the extension of Elm Street on the eastern edge of the Park. The motion was seconded by Rieke and passed unanimously. Adiourn: Twit made a motion to adjourn at 10:25 a.m.; seconded by Gohman. The motion passed unanimously. ~<dY~~~ dy Weyrens ecording Secretary July 24, 1997 Page 2/2 . . - . ~ ~ .~ 1'- " . Pursuant to due call and notice thereof, the Economic Development Authority for the City of St. Joseph met in regular session on Wednesday, August 13, 1997 at 8:00 a.m. in the St. Joseph City Hall. Members Present: Chair Kenneth J. Hiemenz. Board Members Mike Deutz, Bruce Gohman, Ross Rieke. EDA Director Chad Carlson. Recording Secretary Judy Weyrens. Others Present: Ellen Wahlstrom Industrial Park: Hiemenz reported that the City Council and Economic Development Authority need to meet jointly to discuss issues relating to the development of the Industrial Park. The Council has established September 9, 1997 as a special meeting time to discuss the Capital Improvement Plan. The EDA could meet with the Council on the same evening. Gohman requested that the Industrial Park Development issues be placed first on the agenda. Hiemenz reported that the City needs to be aware of which costs are the responsibility of the City and which are developer's responsibility. If the City authorizes a topographical study of the area the study and all documentation becomes property of the City. If a qeveloper or property owner wishes to receive the information they will be charged accordingly. The Council and EDA need to discuss to what level the City will be involved in the platting and developing. . Gohman encouraged the EDA to complete a topographical study of the entire Industrial Park at one time instead of the proposed phasing, The only way he could agree to phasing is with the assurance from the Engineer that all phases will tie together and function property. Hiemenz reported that he contacted Burlington Northern Railroad to discuss the possible abandonment of the tracks. Hiemenz was informed that BN is getting ready to sell the bed to a third party. When the bed is sold the Railroad still retains the underground right-of-way. The third party buyer will most likely be MNDOT and should happen within the next couple of weeks. It is anticipated that the process will take approximately 180 days. The property should belong to MNDOT spring 1998. Hiemenz stated that MNDOT has not been releasing any additional crossings. County Engineer Doug Weizhaar and Hiemenz will continue to pursue this matter, Deutz suggested if the existing crossing at County Road 133 could be exchanged for a new crossing to service the realigned County Road 133, Those present responded that the existing crossing is needed to serve the four businesses located at the current intersection of County Road 133 and County Road 75. Hiemenz also stated that if the needed ROW is not secured the County will restructure the existing intersection. Ellen Wahlstrom stated the existing intersection ., . August 13, 1997 Page 1/3 . . ! needs major redesigning. When asked why County Road 133 is being redesigned, . Hiemenz responded it is part of the APO Transportation Plan to connect 12th A venue SE to County Road 133. EDA/DTED Grants: Carlson reported that he contacted the Department of Trade and Economic Development (DTED) to discuss funding alternatives. Funds are available on a business to business basis and only applies to companies creating jobs. Funding assistance cannot be used for utility improvements. Competitive federal funding is available to communities that can show distress. Gohman discussed the lack of employment opportunities in St. Joseph and this may constitute a sign of distress. Carlson stated that he will work on the pre-application for funding alternatives and keep the Board informed. He reiterated that this funding is extremely competitive and has matching requiIements. Gohman encouraged Carlson to research development cost of the Industrial Park through other means than the City Engineer. Gohman stated the Engineer is very busy and some of this information can be secured from other resources. TIF Consultants: Carlson reported that he has been soliciting consulting fees for establishing and managing a TIF District in St. Joseph. This matter will be discussed further when proposals have been received, Funds for this service should be included . in the 1998 Budget. 1998 Budget: Carlson presented the proposed budget for 1998. He stated the major increase in the proposed budget is the upgrading of the salary portion for a full time, 12 month director position. He also discussed the need to budget engineering and legal services. However, these costs are difficult to forecast because it will be driven by development. Board Members requested the 1998 Budget to include the following: $ 10,000 - Engineering Services $ 10,000 - Consulting Services, TIF $ 2,000 - Legal Fees Gohman made a motion approving the proposed budget for 1998 at $ 66,607. Additionally, the Board will supplement the budget with the levy power authorized under State Statute if needed. The motion was seconded by Deutz. The motion passed unanimously. Development Updates: Carlson reported on the following development activities: . Schroeder Sports - has completed a development application. Proposal would includes the construction of a 20,000 square foot building, 10,000 square feet to be used at present and 10,000 square feet for the future. Schroeder presently employs nine employees and may expand to 11. . Dorian Davis has expressed interest in developing a section of property near the Fire Hall for an office building and developing a site for a furniture store. . August 13, 1997 Page 2/3 ~ , , . I ~. · · Bob Brophy - expressed interest in developing multiple family housing units on the former Lyman Hun property. · Morning Star International Advertising Agency has requested assistance in finding office space in St. Joseph. · Hockey Arena - Carlson stated the College is looking at constructing a hockey rink with a minimum of two (2) sheets of ice, · Historical Grant Application - reported on Council action which authorized the City to make a pre-application for funding assistance in purchasing the former bank building to be used as a City Museum, Adiourn: The meeting was adjourned by consensus at 9:30 p,m. ~Æ&~ y Weyrens R ording Secretary · August13, 1997 Page 3/3 '" · , . . c~ ,.., . APPLICATION FOR TEMPORARY OUTSIDE LIOUOR PERMIT # Fee: $ 5ZJ Date Paid: ~ I? I Ç''l ... 1. Name of applicant: ! /Î ~(& ~<c 4.//Þ , /_. 2, Address of licensed premises: ' ,19 . ¡j/ ('A '/1.:1/ . p. rll J() ;ey J ~ ¡)/") 4.ø¡ 3. Date of outside activity: From J 0 ) '7 5' t.'[J to , month/ day/time month/ day/time 4, The activity to occur will consist of: f0cT~~(JT $//¡J/( '!~ f:.>£yjJ. 5. The area designated for outside liquor will not exceed ).} (ll'l 0 square feet. , 6. Ingress and egress will be controlled by: !1h. IÎA(;J¿C 7. A tent ~/ _ will not cover the area. I . 8. The estimated number of people attending will be IJI)f? -.4/1 f) (/..JUI. j/I/J¿ - / ' 9. The number of employees working at the time of the event will be f 10. The flctivities which :rµay cryate noise, other than general conversations, are the following I, ¡/.p!?1/)'3, r: ) Ii .,...A 'E'. / t" /J T , 11. The following steps will be taken to reduce noise: 12. This type of event J(f:a.s / _ has not occurred in the past, 13. Additional security will be r¡ained by the licensee in the form of .... . Æ,j ) :' . .; 'E" '7)... ø . J I () ¡; 14. The licensee will take these additional measures for the protection of the public health, safety and repose: ~:ì Ê/!//;, ~J ';/ 4," ~ µ / ~~' /,j/(, /1 r ' : ~ /J ¡J; i~y ., ) l¡) TN 1/ c.) .'7e ~ J,!,), I '5 o - J '7 ~9 ì ~ . Date ,. "' . This application was reviewed by an offer of the St. Joseph Police Department on The Department recommends that the Council: ... - Disapprove the application because: 17\ Approve the application with the followings terms and conditions in addition to those set forth in the application: s~~ .......................... ..-........ --.. -.... -- --............ --.. --.................. ---..........-............ --............................................................................................................................................................ This application came before the St. Joseph City Council on . Based upon the information and evidence presented, the Council hereby resolves: . - The application is granted subject to the terms and conditions set forth in the application and recommended by the Police Department as hereafter modified: _ - The application is denied based upon the following findings: Mayor Clerk/Administrator N: \ city\S! jo< \ aJ071296.252 . . . .' ... <"'" · APPLICATION FOR TEMPORARY OUTSIDE LIQUOR PERMIT )))~ Fee: $ .::::> Date Paid: gll~q1 .... I. Name of applicant: /- /Î ~&¡'è . 2. Address of licensed premisl " /9 )/ (ßI"'.':;t? 4/¿p ~ ;;. JÎ(, ."2 ::J r 3. Date of outside activity: From ) () _ :7 .1J: (>(J to .I IJ ~ ,-;; / . no month/day/time month/ day /tinÍe , !/)ed!, ';; . The activity to occur will consist of: <1JJ.1i 11 Ii I 4. 7 I 1(11111 p ~ '" . . . -' 5. The area designated for outside liquor will not exceed ~I?n square feet, 6. Ingress and egress will be controlled by: ¡tJ Jl 4/frJ/t 7. A tent _ willI ~ not cover the area, 8. The estimated number of people attending will be /(J to · 9. The number of employees working at the time of the event will be :3 10. s which may create noise, other than general conversations, are the following II. The following steps will be taken to reduce noise: )/1) ØJ ¡ji) I 'G 12. This type of event _ has / ~ot occurred in the past. 13. A;¿jitional securi!y will be retained by the licensee in the form of . § (,,/'N/j 1~--1~4'\.. O./l·/_/(}~//.Þ 14. The licensee will take these additional measures for the protection of the public health, safety and repose: , a.) :5 f?/- // ~. ~I . ýl/¿ t?/./ ~ t I j" (J ¿tø/~/-f'· b.) /·1 c.) i/ Ch - / 7;) - <:¡ '1 . · Date .' - . This application was reviewed by an offer of the St. Joseph Police Department on 5/ / 5~/ tJ J . The Department recommends that the Council: - Disapprove the application because: Þ Approve the application with the followings terms and conditions in addition to those set forth in the application: "6l~ Signature of Officer ........-.....................................-........ -............ .............. ---...... --.. ---.. -.................................................................................................................................................................................- This application came before the St. Joseph City Council on . Based upon the information and evidence presented, the Council hereby resolves: . - The application is granted subject to the terms and conditions set forth in the application and recommended by the Police Department as hereafter modified: _ - The application is denied based upon the following findings: Mayor Clerk/Administrator N: \ city\"joe \aJlJ71296.252 . f . ,. -- -- APPLICATION FOR TEMPORARY OUTSIDE LIOUOR PERMIT - Fee: $ ~I'). C1 /) Date Paid: 9~/~-1'r 4< 1. Name of applicant: ).-4(/tz;t i~ 2. Address of licensed premise{ i9 )1 {.e~t ~_ .4/'/(' . . f7 /- HI, I 3. Date of outside activity: From 9 hl J. :). t T' to q51 ~/ / /; I (¡ .-/1 ill . monthl day /time month/ day time d. / I , 4. The activity to occur will consist of: {J (/f4¡Aé't AI() 1!/; . )1. rJ )- 1~Y,'é. /. . ¡./r¿/c-. - . - 5. The area designated for outside liquor will not exceed 9C'r square feet. I 6. Ingress and egress will be controlled by: ¡<if/¿ 4.. #-/1-<. .</ Au, tUj¡. - . 7e( ,J/ . LFI i-I, . .. (:'9 ;1 e 0':1 ' 7. A tent _ willi ~ not cover the area, . 8, The estimated number of people attending will be J()() //11(41 A¿f , The number of employees working at the time of the event will be ,--=1 9. 10. The ac i ities which may create noise, other than general conversations, are the following Air, I (') U I C7J 'j f' 11. The following steps will be taken to reduce noise: -1Î/ I)~ I (I ---- . 12. This type of event £/ _ has not occurred in the past. 13. Additional security will be retqined by the licensee in the form of /') .C; F (. ¡) II I 'ì V IÎf 1~~ h ~' II I 0 ' J e ' / I' - 14. The licensee will take these additional measures for the protection of the public health, safety and repose: a.) /l~,~ rjf;,it Ý4f5N~" b.) c.) '7. /' h - . " 4I~ ,./¿. -~/~ , . Y) - l ~ -9 ì Date . .-. - This application was reviewed by an offer of the St. Joseph Police Department on 15/1)/C¡7 . The Department recommends that the Council: '" - Disapprove the application because: C\ Approve the application with the followings terms and conditions in addition to - those set forth in the application: ~~- ................ --............-........ -- -.......-.. --.......................... --.... -- --.... ---........ --................................................................................................................................................................... This application came before the St. Joseph City Council on . Based upon the information and evidence presented, the Council hereby resolves: . - The application is granted subject to the terms and conditions set forth in the application and recommended by the Police Department as hereafter modified: _ - The application is denied based upon the following findings: Mayor Clerk/Administrator N: \ cÜy\stjo< \aJQ71296.252 . , . · Pursuant to due call and notice thereof, the Planning Commission for the City of St Joseph met in special session on Tuesday, July 22, 1997 at 6:45 p.m. in the St. Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Linda Sniezek, Dan Nierengarten, Kurt Schneider. Council Liaison Cory Ehlert Secretary of the Commission Judy Weyrens. Others Present: Dale Victor, Chad Carlson. The purpose of the meeting was to review the site plan for the proposed addition to Sunset manufacturing. Dale Victor spoke on his own behalf. He stated that the proposed development includes an addition of 70' x 120'. The addition is needed to accommodate expansion of their business. The building addition has been designed to keep the equipment from running onto the street The proposed development includes the following: 20' front yard setback, 10' side yard setback, and 26' rear yard setback, and the addition of 10 parking spaces. Victor stated that Sunset currently employs 18 to 20 employees. Kalinowski questioned if the existing walnut trees would remain and if Victor has a landscaping plan. Victor stated the trees will remain and the area will be landscaped with shrubs and grass. Carlson stated that he has reviewed the project including the zoning classification and · feels the project should be allowed to proceed as requested. In a General Business Zone the property owner is allowed to build to the line. However, in this case the owner is providing a setback to better suit the neighborhood. After reviewing the requirements and site plan of Sunset Manufacturing, Lesnick made a motion authorizing Victor to make application for a building permit. The motion was seconded by Kalinowski. Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 7:0:0 Adjourn: Lesnick made a motion to adjourn at 7:00 p.m.¡ seconded by Nierengarten. Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 7:0:0 ~~~-LY~~ eputy Clerk .. July 22. 1997 Page 1/1 · .... -~ ~~--., , . . Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, August 4, 1997 at 7:00 p.m. in the St. .' Joseph City Hall. Members Present: Chair Hub Klein. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Unda Sniezek, Dan Nierengarten, Kurt Schneider (arriving at 7:10 p.m.). Council Uaison Cory Ehlert. Deputy Clerk Judy Weyrens. Others Present: Mark Mol us, Jackie Molus, Roger Steichen, Jim Krebsbach, Steve Dehler, Mike Deutz, Chad Carlson. Public HearinA - Special Use Request Mike Deutz: Chair Klein called the hearing to order at 7:05 p.m. The purpose of the hearing is to consider the issuance of a Special Use Permit. The permit is necessary to construct a car wash and office building in a General Business Zone. St. Joseph Code of Ordinances 52.20 subd 3( c) requires a Special Use Permit for drive-in services. The property is legally described as Lot 004 Block 0I2¡ Townsite of St. Joseph. N66' of Lots 4, 5, 6 all of Block 012. The request for special use has been submitted by Mike Deutz, PO Box 634, St. Joseph MN 56374. Mike Deutz spoke on his own behalf and presented revised site drawings. He stated that . he is requesting a Special Use Permit to construct a touch less car wash IT x 50' and an office building 33' x 50'. The office building would have two levels with the upstairs being used exclusively by St. Joseph Gas &. Bait. The lower unit would be divided into two retail spaces for lease with approximately 800 square feet each. Deutz also stated that his plan meets the minimum parking requirements and provides for two additional spaces. The height of the office building will be 32 feet meeting the maximum allowance of 35 feet In an effort to control the noise in the car wash from the blower, Deutz stated that the building has been extended five (5) to seven (7) feet keeping the vehicles inside longer during the drying period. He has talked to the neighbors and they have expressed some concern as to the noise that will be created by the blower. Deutz stated that he is willing to work with the neighbors and Planning Commission to reduce the noise level. The site plan includes green space area along Birch Street West The schedule for completion is early fall. The hours of operation are negotiable but Deutz requests to be open from 6:00 a.m. to 10:00 p.m. Nierengarten questioned what will happen to the house currently located on the lot Deutz responded that the house will be moved out. Kalinowski questioned Deutz as to the building material for the proposed project. Deutz stated tllat he would like to match the new project to the existing St Joe Gas &. Bait "' . August 4.. 1997 Page 1/4 ,.. , ~ so that people can identify the business as one complex. The lower portion will be all . block with the remaining building being a stick building. Adjacent property owner, Mark Molus, questioned how the snow removal will be handled. Deutz stated that the snow will be piled and hauled as time permits. If the snow becomes a problem, he will work with them to lessen the concern. Jackie Molus stated that the snow banks without this development become hazardous and does not wish the situation to become worse. Deutz stated that he will remove the snow, but at this point cannot determine where the snow will be hauled. Deutz reminded the Planning Commission that buildings in a General Business zone can be placed on the property line. He is placing a setback around his project to try and accommodate the neighbors. The property is currently zoned General Business and he wishes to develop the property as such under the guidance of the St. Joseph Code of Ordinances. Jim Krebsbach questioned what the City policy is regarding sidewalks and if in the future sidewalks would be required along Birch Street West The Commission responded that sidewalks are a Council issue, but at this time tllere are no plans to install sidewalk along the street. Molus discussed the current drainage problems in the adjacent alley and if the City would consider improving the alley. Ehlert responded that the City has recently adopted a policy where alleys would be improved when they are adjacent to a street project. with cost participation of 80 percent property owner and 20 percent City. If the property owners wish to request the improvement without a City project. the cost share is . increased to 90 percent property owner and 10 p€rcent City. Ehlert stated that Brich Street is scheduled for improvement either in 1998 or 1999. The drainage issue can be addressed when the alley is improved. Dehler stated that there has been a policy change with regards to alley improvements and it was his understanding that once the City paved an alley, the City would permanently maintain it at the cost of the City. He understands that the residents can be continually charged for improvements. Weyrens stated that this issue was addressed when the East MN Street and 1995 Overlay projects were completed and the City discussed establishing a useful life for roads. Ehlert will bring this matter to the Council \vhen appropriate.. The Commission discussed opening and closing times at which time Molus expressed concern at opening the car wash at 6:00 a.m.. Deutz stated that he would be willing to change the time to open at 7:00 a.m. When questioned about the number of cars using the Super America car wash between 6:00 a.m. - 7:00 a.m., Jim Krebsbach responded that they have very few car washes during that time. Schneider discussed that while the property is zoned General Business the non- conforming uses, such as Molus, have rights. It is the responsibility of the developer to get along with the neighbors. At the time of issuing a special use permit is the only time th~, City can impose restrictions on the development.. August 4. 1997 Page 2/4 . ".~ ..." . . . Molus questioned that if the property is zoned correctly for the car wash, then why is a special use required. Weyrens responded that the St. Joseph Code of Ordinances lists certain business types that are permitted in General Business, some of which require a special use permit. The Commission discussed alternatives to include: extending the building further to keep the cars inside the wash longer, limiting the time for the special use permit and reviewing in one year, issuing the special use permit with the understanding that it is non transferable, and limiting the hours of operation. Deutz expressed concern with regard to setting restrictions for the car wash without knowing what the noise impact will be. He has not investigated the type of blower unit that will be installed in the car wash. He again reiterated that he will work with the neighbors to reduce the noise level. However, he does not intend to keep experimenting with alternative noise barriers and stated that he is willing to remedy any problem only once. Schneider stated that the noise level will also depend on the weather. Ehlert stated that Deutz has made it very clear that he is willing to work with the neighbors on both the snow removal and noise issues. In Ehlert's opinion, the Planning Commission is in a position where they have a positive work experience with Deutz and he is making a good faith effort to work with the neighbors. Dehler questioned if the layout could be reversed on the property moving the location of the blower. Deutz stated that in order to meet the stacking requirements of the . Ordinance, the layout cannot be reversed. Ehlert questioned EDA Director Carlson as to his opinion on the proposed development. Carlson stated that he feels the proposed development is a good fit in the neighborhood with surrounding property uses and meets the requirements of the Ordinance. Kalinowski made a motion to recommend the City Council approve the Special Use Permit of Mike Deutz to allow the construction of a car wash and office building. The approval is based on the finding that the use meets all the zoning requirements of General Business and is consistent with St. Joseph Code of Ordinances 52.16 subd 2, guidelines for approving Special Use Permits. Further this Special Use Permit is non- transferable. If the property is sold, the new owner must make application for a Special Use Permit The motion was seconded by Lesnick. Ayes: Klein, Kalinowski, Lesnick, Sniezek, Nierengarten, Schneider, Ehlert. Nays: None Motion Carried 6:0:0 The hearing was closed at 8:10 p.m. Land Use Moratorium: Sniezek stated that when she researched the moratorium, a member from the League of Minnesota Cities offered to make a presentation to the Commission. She is requesting the Commission invite the person to speak before them. The Commission discussed the moratorium areas and Carlson updated the Commission "> on the future transportation and utility improvements in the Industrial Park and along August 4. 1997 Page 3/4 . r ~ . . County Road 133. The Railroad will not allow any additional crossings unless one is . vacated. Therefore, the development of additional roads is extremely difficult The Commission also discussed the study being conducted on light rail from St Cloud to St John's. Ehlert stated the City needs to send a letter to Burlington Northern requesting them to not sell any additional Railroad property. The County has been working on securing funding for the Lake Woebegan Trail and light rail would end any possibility of the trail extension. The Commission discussed the Development Review Application received on July 22, 1997 for the construction of a retail warehouse facility on the former Krebsbach Bulk Tank site. The application was received before the moratorium became effective. However, the developer is willing to waive the 60 day action requirement if needed. The Commission discussed the intent of General Business and Industrial and agreed the proposed use fits under the current intent of Industrial Development. Therefore, the property owner should proceed with the necessary hearing using the Industrial zoning requirements. Further the Commission agreed to review the intent of each zoning district and update as necessary. The Commission discussed the procedure for reviewing the moratorium areas and adopted the following schedule: August 19, 1997 - Planning Commission meeting with representative from the League of Minnesota Cities. August 27, 1997 - Planning Commission meeting with property owners affected by the moratorium. September 8, 1997 - Regular Planning Commission meeting, further discussion on moratorium area. . September 16, 1997 - Special Planning Commission meeting to conduct rezoning hearing and make recommendation to the City Council. The Commission requested Carlson to have his recommendations to the Planning Commission no later than August 19, 1997. Minutes - July 7, 1997: Lesnick made a motion to approve the minutes of the July 7, 1997 meeting as presented; seconded by Kalinowski. Ayes: Klein, Kalinowski, Sniezek. Lesnick. Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 Adjourn: Sniezek made a motion to adjourn at 9:10 p.m.; seconded by Ehlert. Ayes: Klein, Kalinowski, Sniezek. Lesnick. Nierengarten, Schneider, Ehlert. Nays: None. Motion Carried 6:0:0 ~¿;(t ul/vLVM J dy W yrens eputy Clerk "' August 4. 1997 Page 4/4 . ,.... , . . The request of Mike Deutz for a Special Use request came before the Planning Commission af a public hearing held on August 4, 1997. The purpose of the hearing was to consider a Special Use Permit to allow for the construction of a car wash and retail office building. The property is zoned General Business, and St. Joseph Code of Ordinances requires a special use permit for drive in service businesses. Notice of this matter was duly served and published. 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: Findings: The proposed use is consistent with St. Joseph Code of Ordinances 528 subd 4(a-k) Finding: The City Attorney has reviewed the proposal and stated the development is consistent with the zoning classification. After consideration of the information presented at the public hearing, the Planning Commission grants approval with the following conditions: Condition: This Special Use Permit is non-transferable and if the property is sold, the new property owner must make application for a special use permit. This condition has . been recommended to control the hours of operation. Based upon these findings, the Planning Commission approval of a Special Use Permit to allow the operation of a car wash and office retail complex on the following described property: Lot 004, Block 012; Townsite of St. Joseph North 66' of Lots 4,5,6 all of Block 12 These findings and recommendations were approved by a vote of 7 to 0 by the St. Joseph Planning Commission on August 4, 1997. J d~~ilY-d4~j S retary of the Planning Commission .... . . , .~pll(CL ~l (¿'Î, Om. r I ~ J-e ..J<'l \'1 /0,/71 7 §cj. S ~ yOU;()U CD1-tn c d m /;1':::1- 10.1-< f-1c1{('\ by - s-{!p I. I t.f, /7Ç 7 · CI1Y OF ST. JOSEPH 21 First Avenue Northwest PO Box 668 St. Joseph, MN 56374 320-363-7201 DEVELOPMENT REVIEW APPLICATION A licant: Owner: EU r G- ~ Address: //5 (o/! 'Ç! ~¡Ç,1/. Address: 1.50/ 0~L/ s'\ 'JÒ.5c-f"Ã/ S r:. ::rOS é73t:¡ "S'Jð- s6~ -léì7~, ~,.. '3b?~/<-¡K) / V Conditional Use Permit Vacation of ROW/Easements Variance Non-conforming Use Permit Planned. Unit Development Rezoning Sign Subdivision · 7/¡,!/c¡ 1 TOTAL FEE $ I S2J~ '7/¡øf 7 Date fee received Date application received PETITIONER MUST PROVIDE THE FOLLOWING . A list of all property owners within 350 feet of the boundaries of the property. ( This list must be obtained from the Steams County Auditors Office) 8/ I (.---.. ~eventeen full size f~lded copies of the plans '. . .. if ~ ..._ · Payment ofãltassoclated fees must be made In full when apphcalion IS Inade. I <;ZI /{<5 ç~ This application must be completed in full and be typewritten or clearly printed and must be ! ~~ accompanied by all information and plans required by applicable City Ordinance provisions. Before filin ~ this application, you should confer with the Planning Department to determine the specific ordinance and procedural requirements applicable to your application. A determination of completeness of the application shall be made within ten business days of the application submittal. A written notice of application deficiencies shall be mailed to the applicant within ten business days of application. This is to certify that I am making application for the described action by the City and that I am responsible with all City requirements with regard to this request. This application should be processed in my name and I am the party whom the City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either copy of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make this application and I~:j¿ alsuJlication. . .. · 7 - / b -91· Signatúre of Applicant J Date Signature of Fee Owner Date . . PROJECT NAME: LOCA TION: LEGAL DESCRIPTION: LOT SIZE: 13! (J d=- / d-.. PRESENT ZONING: REQUESTED ZONING:' PRESENT LAND USE DESIGNATION: REQUESTED LAND USE . /) . DESIGNATION: (!;--el/i ~ va/ /~{ s-t pt¡¿ 5-S SETBACK REQUEST: REASONS FOR REQUEST: fi... ;þ~(Jh OrdlY/ètl1t'ê.,. ('''''C-; f/V'r)' tL sp;'ccdl US£.. fè 0/ J/Y7: I- ie C/ I Ä'W ~¡/ C\.. C C{Ý c.A-'a '? ~ AREA REQUIRED BY REQUESTED BY VARIANCE ORDINANCE ORDINANCE REQUESTED . Front Yard Side Yard Rear Yard Open Yard Parkinq Accessory Bldg Size Lot Coverage .. FINDINGS OF FACT: " SPECIAL CONDITIONS: . ""___0-_-- _______0_"_ _ _ _ _ _ __ ' < ~ .:- ~ . _.-. - ---- - -1- - - - - - COCCEOE AVEN", . . I . . I ~. . i . I ~ 66'-011 I ~~ Q Q 00 ~ ~ ~i ; D ~ Ðil ~ I I ~ ~ ~i I I ¢:I :; ~ ~ Q ~ I ¢ I o·D!~B! ; . , 0 , 0 I I ~ ~ i . IIDrw.A.1.J:: . . ~ ~ () I ,- -t .... ~ .~~ .. ~ "t1 ~ /II ~ ~i " ! o ~ 1>.. ,.. ,...... () ~ ~ ñ~ ~ r ;:nO! rn (j: ~~!{; I~ "'II!-I "0 (jJ({I)- <i)p !:; ~ ~p ~ )! II! r r ,,11 ~ ~~ ~ 1>-1 o ¡; O· no <i) ~ _ ~ ~ i." ¡¡; ~ -1 II! !¡; D . I . ~ 3 I> ¡;' '¡~', ~ .. f1I I ~ II! ~ q) - ~ I " II! ~ 1>.. .. 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Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session at 7:00 p,m. on Thursday, August 7, 1997 in City Hall. MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso, COl)' Ehlert, Mal)' Niedenfuer, Ken Twit; Clerk! Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, Dick Taufen, Ken Heinen, Steve Streng, Ellen Wahlstrom, Bob Wahlstrom, Bud Reber, Alan Rassier, Art Reber, Steve Doose, Chad Carlson, Tillie Wasneer, Steve Niedenfuer, Paul & Karen Walgren, Donna Blanchette. Mayor Hiemenz called the meeting to order at7:00 p.m, with all Councilors present. AGENDA: Niedenfuer made a motion to approve the agenda as presented; seconded by Ehlert. Discussion concerning additional information sent to Council following the Friday packet. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. Nays: Twit. Motion carried. CONSENT AGENDA: A motion was made by Loso to approve the consent agenda as follows; . seconded by Niedenfuer: a) Approve Minutes -July 17, 1997. b) Tattoo Ordinance C) Seal Coating Payment No.1 (Final) $20,070 to Asphalt Surface Technologies Corp. d) Payment No. 1 - Klinefelter memorial Park Trail (Contract B - Pedestrian Bridges) to Metropolitan Dirtworks $32,435.85. e) Payment No.4 - Community Fire Station to W. Gohman Construction Company, $169,937. d) Purchase Police Practice Ammunition (7 cases - $833) e) St. Joseph Rod & Gun Club Gambling License - Sal's Bar & Grill f) Revision #1 to the Investment Policy Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. Bll-LS PAYABLE. OVERTIME AND CALL OUTS: Deputy Clerk Judy Weyrens presented the bills payable, overtime and call outs. Several bills were discussed. Council discussed the accounting methods for the Police Officers clothing allowances and requested a semi-annual usage report. Loso made a motion to approve the bills payable check numbers 24353 - 24414; seconded by Twit. " Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. - Nays: None. Motion carried. - The Council reviewed and discussed the overtime and call outs and scheduling noise violation hearings to coordinate with the arresting officer's schedule if possible. Loso made a motion to approve the overtime and them as presented; seconded by Ehlert. Discussion - If consideration was given to 'equalizing the police overtime. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. , . . . Page 2 Nays: None. Motion carried. TREASURER'S REPORT: Deputy Clerk Judy Weyrens presented the Second Quarter Treasurers Report. The Council discussed various aspects of the report, including the level of expenditures in relation to the budgeted amounts. Weyrens suggested the Council may wish to see a report more frequently than quarterly. She stated a report with totals only could be generated for the monthly report. Council requested both reports be distributed to them next month, for their consideration. Loso made a motion to accept the June 30, 1997 Treasurer's Report as presented; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 1996 CAPITAL OUT LA Y ROLLOVER ACCOUNTS: Council discussed consideration of the deficit balance in the 1997 capital outlay rollover accounts, requested to receive new copies of the information and deferred discussion to the budget meeting. PUBLIC COMMENTS TO THE AGENDA: Bud Reber stated he was disturbed by recent Newsleader articles concerning statements from Councilor Twit. Reber expressed support for the Police Department and the City Engineer. Ellen Wahlstrom brought to the Council's attention, the editorial in the St. Cloud Times . concerning a proposal for a museum. She discussed the value of history to the comrnunjty. Darol Studer stated he felt history is extremely important and should riot be lost. Bob Wahlstrom supported Councilor Twit for being a watchdog. Mayor Hiemenz discussed the matters referred to by Reber had a deeper involvement and intent than was expressed in the newspaper. MAYOR'S REPORT: 1) Officials of the City of St. Joseph met with representatives of Steams County recently to discuss local issues as they relate to Steams County Comprehensive Plan. Consultants are currently gathering information in preparation of compiling a draft plan. 2) Mayor Hiemenz expressed concern with the minutes and activities of the Park Board. a) He felt all Board and Commission meetings are required to be held in City Hall. b) Prohibition of golfmg and ball playing in all parks is not appropriate. Some parks are specifically for ball playing. Also golfmg should be allowed somewhere. c) The minutes do not discuss the seeding that will be done in the Northland Park.. Also ~ the newly seeded area will be tom out with construction next spring. d) Jobs the Maintenance Department is asked to do by the Park Board should be by a Work Order. - 3) The Mayor, City Engineer, and Building Official met and discussed issues relating to Pond - View Ridge and Northland Addition drainage. COUNCILORS REPORT " .. . . . Page 3 TWIT: 1) The Personnel Committee met and: a) are ready to incorporate revised portions into the Personnel Policy. Expectations are to present the first section of revisions to the Council in September. b) will present a proposal to purchase and use 3 time clocks for employees. 2) EDA met recently and viewed roadway proposals to meet County Road 133 and tie into the east side of Northland Addition. Joe Bettendorf will check into the wetland issue. Chad Carlson will give a report làter in the meeting. 3) Twit reported J\.1r. Reber had not discussed the Police Department with him. EHLERT: 1) The Planning COI11111ission met and heard a special use request of Mike Duetz. This matter will be considered at the next Council meeting. 2) A sporting goods retail business is considering locating on the Pikus property on Highway 75. 3) Ehlert reported receiving a couple calls of support for the proposed Community Center and offered to be Councilliaisob. to the committee. . 4) The Planning Commission also discussed and supported overlaying the alleys, with the cost to the residents to be considered. LOSO: 1) The cable access demonstration will be held at a later date as all of the transmission equipment has not yet been received. Loso and Stapleton viewed a demonstration ofPaynesville's system, a system which is similar to the one proposed for St. Joseph. 2) Recommended revisiting the winter parking policy at a future Council meeting, as well as a snow plowing policy. 3) Implementation of the Cable Access Channel will serve the communication purpose of a proposed newsletter. 4) The Park Board met with interested persons on the hockey rink issue. A committee was formed to develop the project. Scaling the hockey rink down to 80' by 120' to accommodate a, second rink for other skaters is planned. There is $5,000 in the hockey rink budget to cover the boards and lights. The Youth Hockey Association is donating goals. 5) A Winter Recreation Director was suggested. Loso asked the Council to consider forming a Recreational Commission. " - 6) At a safety meeting a request was received to allow maintenance to wear shorts on meter reading days. The matter was referred to the Personnel Committee. - NIEDENFUER: 1). Regret to inform the Council that the Octoberfest committee has decided to postpone the event this year due to unforeseen problems. The Committee needs to refocus on . defining the festival. . . , . . Page 4 2) The l\tlinnesota Project Board met concerning the Pathway to Sustainability of St. Joseph to Cold Spring. 3) Interest is being generated to preserve the old bank. building on Minnesota Street due to its Egyptian Revival architecture. It is on the National Historic Register. The State Historical Society is offering to work toward its preservation with a matching grant up to $75,000. Niedenfuer asked the City to stand in back of the matching funds for the pre-application allowing for fund raising. Local organizations and groups including St. Joseph Township will be asked for donations. Chad Carlson, EDA Director, stated he has three different businesses interested in that building. Ehlert made a motion to authorizing the City to proceed with the pre-application process seeking funding assistance from the State Historical Society; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert Niedenfuer, Twit. Nays: None. Motion carried. CLERK/ADMINISTRATOR REPORTS: 1) NSP street lighting specialists will come to St. Joseph next week to review the street lighting needs. . 2) A street address was changed from 1205 Baker Street E to 128 12th Avenue SE due to the location of the house on the lot. 3) The Council will further consider the St. Cloud Joint Powers Agreement and defer action until St. Cloud adopts the agreement. 4) The charges for the use of the community sign are based on anticipated costs. The City is required to pay for the operation and maintenance of it including future upkeep. Ehlert made a motion to retain the current rate schedule for the use of the sign based on anticipated future maintenance costs. The costs and revenue will be reviewed armually. The motion was seconded by Niedenfuer. Ayes: Hiemenz, Loso, Ehlert Niedenfuer, Twit. Nays: None. Motion carried. 5) After short discussion of the level of deductible for Workers Comprehensive Insurance Loso made a motion to stay with the current deductible of $500 per occurrence; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert Niedenfuer, Twit. Nays: None. Motion carried. 6) Ehlert agreed to be the City liaison fo the Community Center Plarming Task Force. - CITY ENGINEER REPORTS: 1) Joe Bettendorf reported he is working on a proposed policy for developments to assist in more comprehensive plans for drainage and continuity. He - recommended exempting another small development currently being planned for Northland. This would give him more time to develop the policy and consult with the City Attorney on it. Mayor Hiemenz questioned if the City could deny further development in Northland due to the transportation issues. Bettendorf indicated it would be a legal issue considering there has been approval of the preliminary plat. C! - . . . Page 5 2) Loso made ~ motion to app.rove Application for Payment Number 1 to Custom Surfacing for the Brian Klinefelter Memorial Park Trail of $7,069.83; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert Niedenfuer, Twit. . Nays: None. -Motion carried. 3) An agreement has been reached with NSP Gas on the restoration issue by Kennedy School. That street is scheduled for reconstruction in 2001. NSP has agreed to put $1,185 in escrow to be used for replacing 150 feet of damaged curb in that area. Ehlert made a motion to accept the proposal; seconded by Twit. Ayes: Hiemenz, Loso, Ehlert Niedenfuer, Twit. Nays: None. . Motion carried. 4) A proposal for surveying and platting the Industrial park area was presented. Bettendorf also stated the County is requiring the City to acquire the needed right of way areas. The Railroad has a policy that In order to get a new a railroad èrossing one has to be given up. MnDOT has the . same requirements. The City needs an additional one to realign County Road 133. Loso questioned the legality of the City perfOlTIlingservice benefiting private property. The City Attorney will be consulted on this matter. Chad Carlson stated the City needs to move forward. He stated one business prospect was lost already. Bettendorf suggested the Council and EDA Board have a joint meeting to work out issues and clarify the budget. Also needed are to secure the railroad crossing, and financing for the project including the utilities. Mayor Hiemenz will meet with the County Engineer on the railroad crossmg Issue. CAPITAL PROJECTS - ESTABLISH AND PRIORITIZE: Council set a special meeting to consider capital projects on September 9 at 7 p.m. DRAINAGE PROBLEMS - POND VIEW RIDGE: Katherine Meyer appeared before the . Council to discuss the drainage problems from Pond View Ridge development. She discussed the extent of the problems and effect on her property and surrounding streets requesting something be done before winter. The residents at 1103 Callaway concurred with 1\.'ieyer. ALLEY SNOW REMOVAL: Donna Blanchette~appeared before the Council asking clarification of the maintenance responsibility for the closèd portion of the alley by her property. - Stapleton had reviewed the tapes from the prior meetings associated with closing the alley, and ~ maintenance including snow removal was briefly discussed but not part of the closing. Mayor Hiemenz expressed safety concerns with the closed alley, specifically garbage trucks hack out of the alley. After short discussion the City Administrator will send a letter to the adjacent property owner requesting theiÎ' refuse be placed on the East-West alley in order to prevent the garbage truck from having to back up. -, . " . . Page 6 After further discussion of alley snow removal priorities and safety concerns, Ehlert made a motion to have the City continue snow removal in the alley, understanding it would be a low priority; seconded by Loso. Ayes: Loso, Ehlert. Nays: Hiemenz, Niedenfuer, Twit. Motion failed. DIRECTOR OF PUBLIC WORKS REPORTS: Dick Taufen reported: 1) Water Treatment Facility - Taufen met with Joe Bettendorf, Jim Norton, and Mark Magney concerning the status of the water treatment facility project. The supplier of the chlorine equipment (Vessco Inc.) will be contacted concerning returning the chlorine equipment to them for credit or keeping it for future use. Also Bentec is currently unable to fInish their portion of the project due to Company problems. The Mayor requested the City seek a vendor for fmalizing and future servicing of the SCADA System. Joe Bettendorf has recommended NET, the company that manufactured the equipment for Bentec. 2) Taufen discussed watering the sod on East Minnesota Street. Council was in general agreement to discontinue daily watering and water only as needed by observing the condition of . the sod. 3) Two weeks ago the main control panel of the water treatment facility, the DBL lift station and pump house #3 were struck by lightning. The dialer still is not operating for the lift station. Taufen will continue working with NET. 4) The drainage problems in Pond View Ridge need to be resolved. Council was in general agreement to notify the developer and property owner to clean up the mess from the drainage on Callaway and 12th Ave. SE and to construct suffIcient silt fences to protect the entire hill that has been exposed, from both current and future runoff into the street. The corrections will be required to be completed by Monday, August 11, or the City will suspend current building permits and issue no more until all the required corrections are made. Also the City reserves the right to make the corrections at the developers expense. EDA DIRECTOR REPORTS: EDA Director Chad Carlson reported: 1) A sports equipment wholesaler is proposing to construct a 20,000 s.f. warehouse on property adjacent to 405 County Road 75 (former bulk tank site). 2) Mike Deutz is planning on building an offIce retail facility and car wash. Niedenfuer stated -.. she has received còmplaints from interested persons on this proposal and questioned the impact it would have on the neighbors. Ehlert stated the use would be non-transferable and Deutz has taken measures to down-scale the noise. - - 3) An international advertising agency is seeking office space to locate in St. Joseph. 4)Bob Brophy, owner of the Subway, is considering construction of 2 - 20 unit rental facilities where Shannon's Upholstery is located. . ;0 II .. . . Page 7 5) Industrial Park - Department of Trade & Economic Development funding is tied to number of increase in jobs. ED A grants seem more realistic but congressional support would be needed for that funding. 6) The Planning Commission requested Carlson's assistance in land use issues. 7) sm & CSB are interested in incorporating the proposed City Center with a hockey facility. 8) St. Benedict's Monastery is interested in long range planning with the cOlmnunity. Mayor Hiemenz extended the meeting ten minutes at 10:00 p.m. 9) Astech is locating in the Township near the City limits and is going through a financing mechanism through Stearns County EDA called "local effort" TIF. They intend to construct a $1,000,000 building. . MISCELLANEOUS OR ANNOUNCEMENT ITEMS: 1) Alan Rassier, Rental Housing Inspector presented extensions to the time required to comply with the rental housing ordinance. Ehlert made a motion to accept the extensions; seconded by Niedenfuer. Discussion - Loso discussed the status of the Bill Loso property and required corrections. Mayor Biemenz extended the meeting five minutes at 10: 10 p.m. Rassier stated the owner has agreed to remove and replace the siding on the garage and use the old siding for repairs on the house. Vote on the motion: Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. 2) Loso discussed the role of the Mayor in the budget process and direction to department heads. The meeting was adjourned at 10:20 p.m. with a motion by Loso; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert Niedenfuer, Twit. Nays: None. Motion carried. ~. W"'f ( "/ .t' . I , . .. ~(./.Q t;¡l¿¡¡:' v Rachel Stapleton Clerk! Administrator