HomeMy WebLinkAbout1991 [10] Oct 17
Page 1977
OetobeI' 17, 1991
Pursuant to due ca I I and notice thereof, the City Counc i I for the City
of St, ...1 o513ph met in regulël.r session on Thursday, October 17, 1991 at
7:30 p.m. in the St. Joseph City Ha II.
Members Present: Mayor Steve Dehler. Members of the Counc i I Leo Sadlo,
Ross Rieke, Bob Loso, Stephanie Hazen. Deputy Clerk Judy. City
Attorney John Scherer.
Others Present: City Engineer Joe Bettendorf, Mike Korman, Mary Kay
Korman, Patsy Schutz, Dave Tellefsrud, Marv Banowetz, Bob Ma j e r , Mike
Hazen, Stuël.r t Goldschen, Rachel Stapleton, Gary Heltemes, Jeanne
Marquette, Mike Marqeutte, Ken Tw it, Vickie Gleason.
Approve A~enda: Hazen made a motion to approve the agenda as presented;
seconded by Loso.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0.
Minutes: Loso made a motion to approve the Counc i I minutes of September
24, 1991 and October 3, 1991 as presented. The motion was seconded by
Hazen.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0.
Treasurer's Report: Hazen made a motion to approve the September's
Treasurer's report as presented; seconded by Loso Ayes: Dehler, Sadlo,
Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0.
Mayor Reports
1. Attended the Mayor's conference in Shoreview on October 11 -
October 12, 1991,
2. The Rai I road Company is urging jurisdictions to send letters
of support for a proposed taxing district between Fergus Fa II s
and Little FëI.lls.
3. The Planning Commission is in the process of updating the
Comprehensive Plan. To gain better communication between the
Planning Commission and the City Counci I. it was suggested to
have joint meetings with both boards.
Council Reports
Rieke: 1) The pub I i c sidewalk areas that were scheduled for repair
have been completed.
2) Discussed the possibility of checking into a p1..1blic transportation
system that would serve as an activity bus for children that
participate in after school activities.
Sadlo: Recommended that in the future when hiring contractors, their
qUëI.l ificël.tions ëI.nd background should be reviewed.
Page 1978
HëI.zen: 1 ) The Planning Commission met on Oct.ober 7, 1991, their
recommendations will be discussed Iëlter during the meeting.
2) The job descriptions for all the City employees are neël.r
completion. During the process of reviewing the descriptions, it was
noticed that the Po lice Chief is working under a contract, and the
remaining employees are working under a personnel pol icy. In order' to
be consistent with a II departments/employees, Hazen made a motion tha.t
effective January 1, 1991 a I I employees wi I I be working under a job
description and the personnel policy. The motion was seconded by Loso.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion CëI.rried 5:0.
3) The State is requiring a I I Cities to be in compliance with pay
equity by December 31, 1991. To be in comp I i <'iI.nce, ëI. I I jobs need to be
evaluated and a plan must submitted and approved by the Department of
Employee Relël.tions. In order to complete this process, Sa.d I 0 ma.de a
motion to hire Kathleen Murphy, Personnel Specialist, to fëlcilitate the
City with the pay egl..\ity study. The fee for the service sha II not
exceed $1,100.00. The motion \>Jas seconded by Rieke.
Ayes: Dehler, SëI.dlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0.
Loso: The Civil Defense Siren has been ordered and should ëI.rrive
sometime in November. The loca.tion for the siren wi II be on 2nd Avenue
NE. f1ayo r Dehler expressed concern \oJÎ th placing the siren on t1innesota.
Street in the middle of a residential neighborhood and felt tha.t
a.lternative sights should be sought.
OLD BUSINESS
Scherer Property: City Attorney, John Scherer presented the Counc i I
with a proposed resolution that would allow for the special use permit
ëI.nd variance request of Scherer Trucking, which the Planning Commission
and the Counc i I have previously considered. Loso made a motion to
approve the Resolution Approving Re-zoning, Variance and Special Use
Permit. The motion was seconded by Hazen.
Ayes: Deh I er, Sadlo, Rieke, Loso, Hazen.
Na.ye s : None. t10tion Carried 5:0
RESOLUTION APPROVING REZONING, VARIANCE
AND SPECIAL USE PERMIT
RECITALS:
That Mike Scherer has appeared before the City Counc i I and
Planning Commission for the City of St. Joseph seeking the rezoning of
property I e ga. I I y described as Pëlrcels A ëlnd B in ëlttached Exhibit;
Seeking a special use permit to maintain a trucking operation on
the property;
Page 1979
And seeking a variance with regard to setbacks established for an
industrial zone.
Whereas the Planning Commission hël.s either recommended that these
requests be granted or referred the request to the Counc i I without
recommendation,
THE CITY COUNCIL HEREBY RESOLVES:
1. That the property described as Parcels A and B in the attached
Exhibit be rezoned to industrial pursuant to Section 52.9 of
the St. Joseph Code of Ordinances.
2. That the owner of the property is a I lowed to maintain a
trucking operation on designated Parcels A and B pursuant to
the following conditions:
a. That construction of new buildings used in conjunction
with the trucking operation must first be approved by the
City pursuant to an amendment of the special use pe I' m it.
b. Any change in the current access to and from the trucking
operation be approved by the City by amendment of the
special use permit.
c. That there not be any significant increase in noise,
smoke, odors or other offensive activities occurring on
the property in conjunction with the trucking operation.
3. That a variance is granted with respect to the setback
requirements of Ordinance 52.21 subd. 6, as they relate to
structures existing on the property at the time this variance
was granted. Any new structures constructed on Parcels A or B
s ha I I comply with the setback requirements of industrial zoned
property unless another va.r iance is secured prior to issuance
of a building permit and commencement of construction.
This resolution Wël.S approved by the City Counc i I for the City of
St. Joseph this 17th day of October, 1991.
Refuse Bids: Bids were accepted for residential refuse removal for
1992. The bids specs were changed this year, and haulers were a I lowed
to bid for one, two or three years. The bids were opened on Tuesday,
October 15, 1991 at 1:00 p.m. in the City Ha II Annex. BF I /PëI.rk Refuse
ëI.nd VASKO were the only haulers to submit bids. After reviewing the
bids, Sadlo made a motion to accept the low bid of BFI Waste Systems
with the following services and rates:
Once a week refuse and recycling service allowing two (2 ) thirty
ga I Ion cans plus free recycling, and a bag system allowing residents to
purchase bags for $3.30. This contract wi I 1 be for a term of three
year s.
The motion was seconded by Rieke.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0
Page 1980
Hð.zen mð.de a motion to ð.CGept the low bid of BFI Wa.s te Systems for the
weekly dumpster pickup for the wa.s tewa. te I' plant, park, and Clerk's
Office at the following rates:
Two (2 ) yard dumpster - - $83.80 per month (Three year contra.ct)
Six (6 ) yard dumps te l' -- 115.80 per' month (Tin ee year' contract)
The motion was seconded by Rieke.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. t-10tion Carried 5:0
Gasoline Bids: Bids were opened on September 15, 1991 at 1:30 p. m. for
the purchase of fuel for all City vehicles. This wi I I be discussed at
the next meeting.
Fence Ordinance: City Attorney John Scherer presented the Counc i I with
a proposed Pence Ordinance. The Counc i I wi I I review the proposed
Ordinance and discuss ëI. t the next scheduled meeting.
Precinct Two: The Counc i I discussed the re-defining of precincts,
providing an equal distribution of voters in each precinct.
Disposal of Fixed Assets: The Counc i I reviewed the lis t of surplus
property prepared by the depëlrtment heads. After reviewing the list,
Rieke mël.de a. motion to authorize the sale of the surplus property v i a.
ëI.n auction on November ? 1991. The motion Wël.S seconded by Hazen.
~,
Discussion: The auction wi I I be advertised and a minimum bid wi I I
be placed on the tractor and car.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Cðrried 5:0
The House at Millstream is now vacant and needs to be removed. Dehler
made a motion to add the t'íi I 1st ream House a.nd Gð.rage to the list of
surplus property that wi I I be auctioned on November 'J 1991. The
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motion \'la.S seconded by Rieke.
Ayes: Dehler, Sadlo, RieKe, Loso, Hazen.
NëI.yes: None. Motion Cëlrried 5:0
Hoffmann Annexation: Irma Hoffman, 503 t-1 i nnesota Street East, presented
a petition of annexation to annex the remaining portion of her property
so that it can be property recorded at the recorders office. The
property is described as:
A II that part of the Northwest Quarter of the Southeast Quarter
(NW1/4 SE1/4) of Section Ten ( 10) , Township One Hundred Twenty-
Four (124) North, RëI.nge Twenty-Nine (29) West, Stea.rns County,
Minnesota, described as follows, to-wit:
The North 200 feet of the described t rël.ct. Beginning at a point
on the Northerly line of the Old Minnesota State Highway #52
dista.nt 305 feet ~Jest of the Ea.ster ly line of the Northwest.
Quarter of the Southeast Quarter of said Section 10; thence
PëI.ge 1851
running Northerly ëI. distance of 305 feet, more or less, to a point
on the Northerly line of said NW1/4 SE1/4, which point is 316 feet
West of the EëI. s t e r I y line of said NW1/4 SE1/4; thence running
Westerly along sël.id Northerly line of sëI.id NW1/4 SE1/4 ëI. distël.nce
of 173 feet to a point; thence South a distance of 316 1/2 feet,
more or less, to its intersection with the Northerly line of Old
State Highway #52 at a point which is 463 feet Westerly of the East
line of said NW 1/4 SE1/4; thence Easterly along said Northerly
line of said Old State High\l/ay #52 for a distance of 158 feet to
the point of beginning. This tract contains .79 acres, more or
less.
Rieke made ëI. motion to approve the annexation as requested. The motion
was seconded by Sadlo.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0
Assessment Heël.r i n¡;(: At 6:00 p.m. Mayor Dehler opened the hearing for
the consideration of the assessments for the curb and gutter project
along East Able Street. Mayor Dehler then turned the meeting over to
the City Engineer, Joe Bettendorf. Joe Bettendorf explained that the
project had been requested by the property owners along East Able
Street East and had been completed in 1990. The floor was then opened
to the floor for any questions.
Ken Twit: Mr. Twit discussed his d i s sa tis f ëI.C t i on with the quality of
work and the amount of time it tooK the contractors to complete the
job. Since the contractor never came back to back fill, Mr. Twit hired
his own contractors to come in and complete the job. The City did pay
for the costs. The black dirt that was hauled in was poor qual ity and
contained large chunks of cement, it act ua I I y could have been
considered clean fill. Part of the project was to replace the sidewalk
on his property, and since t ha. t never was completed, he had to do that
himself. Mr. Twit also questioned the class 5 that should have been
hauled in for the driveways.
Mike Marql.Jette: Mr. MëI.rguette also expressed his concerns over the way
in which the project had been handled. He also felt the black dirt WëI.S
of very poor quality and questioned \1Jhether or not the class 5 had been
hauled in.
Ken Twit: When the project was originally discussed, it \l/ëI.S his
understanding that the total cost of the project would be divided
equally among the property owners. However, after reviewing the
assessment role, Mr. Twit noticed that the corner lot was not assessed
for the f u I 1 length as the other properties.
.Joe Bettendorf discussed the formula the City uses for a II assessments,
and stated t hël. t side Yël.rds receive a 50 percent break over front yard
assessments. However, if a I I the property owners had agreed to pay
equal portions, t hël. t still could be done.
Mayor Dehler closed the hearing at 8:30 p.m.
Page 1982
Loso made a motion to approve the assessment role as presented, with
the City Engineer verify the amount paid towards the sidewalk,
¿¡.djusting the ¿:¡.ssessrt1ents if needed. The motion was seconded by Rieke.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0
Special Use Permit - Bed & Breakfast: Patsy Schutz and Mary Kay Korman
introduced themselves the Counc i I and discussed their plans to opera.te
a bed and breakfast at 105 - 2nd Ave NE. Patsy and David Tollesfrud
\ý i I I be living ëI.t the home and are proposing to use four rooms for the
bed and breakfast.
Sadlo made a. motion to approve the Special Use request of Patsy Schutz
and Mary Kay Korman, to allow the operation of a Bed and Breakfast,
located at 105 - 2nd Ave NE. I f a sign placed on the property, it
wi I I not exceed six (6 ) square feet and wil I meet the required
setbacks. The motion was seconded by Rieke.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0
Hazen made a motion to add to the St. Joseph Code of Ordinances,
Residential special use lis t, the operation of Bed & Breakfasts. The
motion was seconded by Rieke.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. t10tion Carried 5:0
The Mayor recessed the meeting for 10 minutes.
Final Plat - - Pond View Rid~e: Rick Heid appeared before the Counc i I
requesting final plat approval of Pond View Ridge Addition. Councilor
Hazen stated that the Planning Commission had recommended approva.1
contingent upon the fol lowing provisions:
1. The plat wi I I be re-drawn deleting lots 001 & 002 of Block 003
and adding lots 006 Block 006 and lot 003, Block 007.
2. Callaway Drive wi I I be re-named Callaway Street
3. Pondview Street wi I I be re-nël.med Pondview Lane
4. A Six (6 ) foot side walk wi I I be placed along 12th Avenue SE
5. Execution of a developers agreement.
After discussion, Hazen made a motion to approve the Final Plat for
Pond View Ridge as recommended by the Planning Commission, with the
above mention provisions. and adding the following provisions:
6. The Developer wi II make a donation of to the Park Development
fund of 8% of the undeveloped land cost.
7. The protective covenants wi I I become part of the developers
agreement.
8. Final approval of the City Engineer.
The motion was seconded by Rieke.
A)leS f Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0
Pa.ge 1983
The property on which Pond View Ridge wi I I be developed has been
annexed and is currently zoned agricultural. On October 7, 1991 the
Planning Commission conducted a re-zoning hearing for the property and
made a motion recommending re-zoning of the property to Single Fam i I y,
R-1. Loso made a motion to re-zone Pondview Addition from the current
agricultural to R-l, Single Family. The motion was seconded by
Rieke.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes; None. Motion Carried 5:0
Delinquent Utility Bills: Mayor Dehler opened the hearing at 9:00 p.m.
for any resident discussion on their delinquent utility bills. There
being no one present to discuss this ma t t e r , Mayor Dehler closed the
hearing at 9:05 p.m.
Hook up Fees: Terry Schmid and Dale Sa I 0 appeël.red before the Counc i I to
discuss the current fees for utility hookups. They feel that the City
is too high and they ëI.re going to drive ëI. way development. Mr. Salo
passed out to the Counc i I a survey he had prepared of the area Cities
as to their current util ity rate structure. The Counc i I felt that it
is important for new residents to buy into the system and st. Joseph is
not fortune enough to have a high tax base to gather revenue from and
must receive the revenue from services provided. City Engineer .Joe
Bettendorf stël.ted t hël. t the City must determine if the rates a.re fair
and reasonable. Because of the volume of information presented tonight
by the developers, the Counc i I decided to review the matter and discuss
it at a later time.
En¡:(ineer Reports: 1) Joe Bettendorf has reviewed the plat of Pond View
Ridge and st i I I has some reservations about the amount of drainage
that is being planned. He feels that the drainage pond is too sma I I ,
and he wi I I continue to work on this issue with the developer.
2) Since EëI.s t Baker Street has been postponed until the Spring of
1992, Joe is hoping to have for the next meeting an agreement with St.
Benedict as to their portion of the cost share.
3) Both developments, Pond View Ridge and Northland, should have
included in their developers ëI.greement the issue of oversizing the
mains and the cost share thereof.
City Attorney Reports: 1) Terry Schmid is requesting the Counc i I
reconsider requiring him to provide a construction road in his
development for at construction vehicles to use. The Planning
Commission had required this provision because of the concern of the
residents along the development. By using a construction road, traffic
would be lessened in the residential area. After discussion, the
Council agreed to re I i eve the requirement of the construction road
un t i I complaints are received of the trël.ffic. At that point in time,
Mr. Schmid wi I I be req!; ired to put in the road.
2) Ray Brandenburger has agreed to give the City an easement to be
used for a future roadway with provisions. One of the provisions being
that the City Annex his property and re-zone the property commerciël.l or
general business. Rieke made a motion to authorize the City Attorney
to work with Mr. Brandenburger to execute an ëI.greement with him in
Page 1984
return for the easement for the future road. The motion wa.s seconded
by Loso.
Ayes: Dehler, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion Carried 5:0
Mayor Dehler extended the meeting for 15 minutes.
3) Ordinance Books are finished and would like the Counc i I to review
them for possible corrections. I f the Counc i I would approve the
Revisions to the Code of Ordina.nces, they \>lOU 1 d be ready for
distribution by December 1, 1991.
Clerk/Adm Reports:
Remodelin¡:( File Room: The Clerk's Office is in the process of
remode ling the former computer room and is requesting authorization to
spend $300 for remodeling supplies, and to a I 10\>1 the temporary workers
to work for an additional 2 weeks to help with the remode 1 i ng ëI.nd to
get ready for the surplus auction. Rieke made a motion to approve the
expenditure of $300.00 for the remodeling of the f i Ie room ëI.nd to allow
the tempora.ry workers to continue working until November 1, 1991. The
Motion was seconded by Hazen.
Ayes: Dehler, SëI.d 10, Rieke, Loso, HëI.zen.
Nayes: None. Motion Carried 5:0
HëI.zen made motion to adjourn )0 seconded by Rieke.
a at;&-: 30 p.m;
Ayes: De hie r, Sadlo, Rieke, Loso, Hazen.
Nayes: None. Motion CëI.r I' i ed 5:0
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Deputy Clerk