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HomeMy WebLinkAbout1983 [06] Jun 27 June 27, 1983 1187 Pursuant to due call and notice thereof the City Council of the City of st. Joseph met in special session on Monday, June 27, 1983 at 7:00 p.m. in City Hall. I Members Present: Mayor Mike Loso; Councilmen: Herman Schneider, Bud Reber, steve Dehler, Mike Husen; City Clerk, Bob Johnson; Acting City Attorney John Scherer. Others Present: Jeffrey J. Pilling and Robert st. Onge, representatives of Miller Construction, Inc., st. Cloud; Pattie Liestman, owner-operator of proposed Dairy Freeze; Dr. Gerald Nelson, owner of property in question. Purpose of Meeting: The special meeting was called by Mayor Loso at the request of persons interested in re-zoning property located north of County Road #75 and east of the Millstream Park property from Industrial to General Business. The ?lanning Commission at a hearing held on June 20, recommended Council approval of the proposed project to construct and operate a Dairy Freeze with the following stipulations: After discussion and public statements by citizens, the following motion was made by Art Budde and seconded: WHEREAS the property described in the petition has limited land-use because of the surrounding terrain, WHEREAS the Planning Commission desires a benign use of property adjacent to the Millstream City Park, WHEREAS the owners attention has been drawn to the proximity of the city sewage facility and the potential of odors from the facility, the Commission recommends to the Council the granting of the petition with the following stipulations: 1) that a 66-ft wide strip of land adjacent to the north boundary of said I property be annexed into the City, be dedicated to the City after construction, and be used as the principal entrance to the business; 2) that a sceptic system be constructed which conforms to state statutes and which meets the approval of the City Engineer; 3) that future city sewer services will be assessed to the entire property in the usual fashion designated by the subdivision Regulations. The motion passed by a vote of 5-0. Street Dedication Question: Question of the annexation of a 66' x 170' strip of land abutting the Dairy Freeze property to the north to provide larger access to the proposed Dairy Freeze was examined. Majority of Council opposed the annexation at this time as it would primarily be a private roadway serving only the Dairy Freeze operation. Legal Agreement: Assistant City Attorney John scherer presented copies of an agreement to be completed by the City and developers of the property regarding the rights, remedies and liabilities wtih respect to ownership and operation of the Dairy Freeze business in an industrial zone and acknowledgment of the Wastewater plant location. Dr. Nelson requested additional time to consider agreement and to allow for minor changes to be made. Motion of Approval: A motion was made by Loso seconded by Reber to approve re-zoning as requested. Voting for motron: Schneider, Reber, Loso, Dehler. I Voting against motion: Husen. Motion carried. Engineer Bettendorf: Engineer Joe Bettendorf presented copies and a review of proposed revision of PCA project priority list relating to grant funds for sewage treatment projects. The Engineer indicated the City had until July 7, 1983 to submit a letter of protest and recommendation. 1188 Resolution and Letter: A motion was made by Reber seconded by schneider to approve a resolution and request to MPCA to consider longevity in the process of project rating. The City signed a project agreement in 1972. Ayes: Loso, Schneider, Reber, Dehler, Husen. I Nayes: None Motion carried. Clarifier Specs: Engineer Bettendorf recommended Council consider installation of gate on south side to service plant clarifier. Engineer or maintenance super- intendant to obtain a quote on gate installation. Approved on motion by Schneider seconded by Reber. Ayes: Loso, schneider, Reber, Dehler, Husen. Nayes: None Motion carried. Clinton Village Addition: Engineer to examine and obtain estimate for water line tie-in at 5th Avenue Northwest. Adjournment: Motion to adjourn was made at 9: 10 p.m. Ayes: Loso, Schneider, Reber, Dehler, Husen. Nayes: None Motion carried. I I ~