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HomeMy WebLinkAbout1998 [01] Jan 22 I MEMBERS PRESENT: Mayor Kenneth J. Hiemenz. Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken Twit. Clerk! Administrator Rachel Stapleton. i I i I I Page 316~ I Jannary 22, 1998 Pursuant to due call and notice thereof the City Conncil for the City of St. Joseph met in regular session I on Thursday, Jannary 22, 1998 at 7:00 p.m. in City HaIl. i I I I OTHERS PRESENT: Bradley Lindgren, Chad Carlson, Tom Jovanovich, Joseph Bettendu¡f, Ollie Lesnick, Robert Lindvall. Steve Streng, Bob Wahlstrom, ElIen Wahlstrom, Mnjorie Lesnick, Mark Lambert, Michael Deutz, Jim Graeve, Meredith Lindrud, Jamie Phenow, Mayor Hiemenz called the meeting to order at 7:05 p.m. with all Councilors present. AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried. I MINUTES: Twit made a motion to approve the minutes of December 29, 1997; seconded by Ehlert. Discussion - Ehlert stated there is a need to make the public aware that property in the Roske Addition is' being held for a Community CenteL Loso stated the 1994 ballot question provided for the sale of a I portion of the property to defray the costs of the fire hall. Mayor Hiemenz stated the public has had input in this decision and the matter is discussed in the Township Board's minntes. I I I City Attorney Tom Jovanovich stated the Township's position as part owner, is an issue as welI. He i recommended the information be compiled to clarify the issue for the City Attorney to make a recommendation. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried. Stapleton stated the date on the minutes of January 8, 1998 was incorrect. Loso made a motion to table I consideration ..of the Jannary 8, 1998 minutes to the next meeting; seconded by Ehlert. Discussion - Ehlert' recommended putting the minutes in the Council packet. rather than sending them out on Wednesday I after the meeting, Niedenfuer concurred as welI as Twit, Loso and Hiemenz to this change in policy. Twit I recommended continning to write the minutes within the current time frame. I DELINQUENT UTILITY BILL HEARING: Mayor Hiemenz opened a public hearing on delinquent utility bills. No·one appeared to contest their bilI. The hearing was closed NORTH PARK THIRD ADDITION - PRELIMINARY PLAT: Ehlert stated the Planning Commission reconsidered the Preliminary Plat of North Park Third Addition and have presented the Conncil their recommendations and findings. Tom Jovanovich, Attorney representing the City, stated the first request for this plat included R-3 zoning. The parcel could not meet the zoning requirements for R- 3. therefore Lambert withdrew the request for R-3 and acknowledged the property,is zoned agricultural. I The Conncil discussed the Planning Commissions findings of fact and conditions bf the Resolution. Jovanovich discussed No. 5 (of the Planning Commission's resolution) "The City of St. Joseph and Mr. Lambert shall negotiate a resolmion or agreement relating to an easement for maintenance on the City water tower before final plat approval." He stated the City has the following options 1. The City could do nothing. 2. The City could work out an agreement with Lambert, addressing granting easements. sharing in costs of parking lot, a maiutenance agreement. andlor jointly own. 3. The City could condemn the property. I Mayor Hiemenz stated another option could allow the City to woIk out a land exchange agreement benefiting both Lambert and the City. I Page 3269 JannaI)' 22, 1998 Lambert questioned the amount of easement area needed for maintenance of the water tower. City Engineer Joe Bettendorf c1arified 120 feet radins from the center of the water tower is needed. I Lambert further stated he could look at an R- 3 nse for the property in the futnre,. He is willing to negotiate and wishes to keep his options open. Loso made a motion to accept the Planning Commission's findings and made a motion to accept their resolution accepting North Pari<: PreJiminaIy Plat with the conditions set forth; !econded by Ehlert. Discussion - Twit expressed reservations on working out an agreement as pre\'iously discussed. Jovanovich stated all the conditions would have to be approved before the fina1 ¡plat is approved If an agreement cannot be reached a fina1 plat cannot be approved. He further discussed that two conflicting uses are being put forth before the Council. If the Council wishes to condemn~"" p,upeI'ty it is less costly to do it now than later. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. On Mayor Hiemenz's asking Lambert about outstanding bills associated with this plat, Lambert stated they would be taken care of within a couple weeks. POND VIEW RIDGE FIFI1I ADDmON: Ehlert discussed a proposed deve:lopment of Pond View Ridge Fifth Addition to be developed as a PURD with patio homes Ïntc1'p"'sed within the development. The proposal would designate specific lots to be used for patio homes. Council discussed the effect and concern this allowance could have on existing home owners in Pond View Ridge and felt they should be allowed input in the decision. They further discussed the covenants the de\'eloper had pJaced on properties in previons Pond View Ridge Additions. Ehlert stated the de\'e1oper wished to consult with the Council during the planning process. The Planning Commission will consider the matter. CHIEF OF POLICE REPORTS: Chief Bradley Undgren gave the fourth quarter Police report. He also gave a statement concerning the recent allegations of sexual assault on the cam¡pus of the College of St. Benedict, indicating the Police Department has not been able to do an investigation because there has been no contact by the victims nor have complaints been filed. I Lindgren also reported the roof is leaking again in the Police Department The roofing company agreed to come out again, when Richard Taufen contacted them about the problem. Many of the items on the police report were discussed, including alcohol, miscdlaneoos public., assist to other agencies, and traffic citations. Lindgren indicated about two traffic warnings are issued for every citation issued. Lindgren discussed the status ufhiring a new officer. Of the eight candidates still interested in a position in St. Joseph (from the last hiring process). six were interviewed by the Hiring Committee. Jason Dahl was recommended pending passing the background check, which he has since passed. A background check was completed on Jason Dahl and he passed. Niedenfuer made a motion to hire Jason Dahl, based on the Hiring Committee and Chief s recommendations; seconded by Ehlert. Discussion - Officer Dahl should begin employment as soon as possible. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried. Lindgren discussed the need to purchase a new squad car. With the three squad cars, he has assigned two officers to each squad car, thns reducing the wear and tear to each squad car (tllat is caused by many different driving patterns). He discussed the methods used to reduce vehicle wear and recommended purchasing a Chevrolet Lumina on the State bid of $18,200, with retiring the 91 Chevrolet. After discussion Ehlert made a motion to purchase a new Chevrolet Lumina Squad Orr on the S~ bid of $18,200. and dispose of the 1991 Chevrolet Squad Car through a sea1edbidprocess. The ~ ",-as seconded by Niedenfuer. . Ayes: Hieménz, Loso, Ehlert, Niedenfuer, Twit. I i I I I I Page 327q January 22. 1998 Nays: None. Motion carried I PUBLIC COMMENTS TO THE AGENDA: No one appeared before the Council to comment. BILLS PAYABLE: Rachel Stapleton presented the Bills Payable. Council discussed several bills. Twit questioned dues to lIMC. Stapleton explained it is a Municipal Clerks Associatin and benefits include 1 Clerk snpport including access to ordinances and policies. Twit questioned the benefit of the City for payment of dues to an association and made a motion to approve the bills payable check numbers 25001 _I 25051 with lIMC dues payment to be delayed until the next meeting, when benefit to the City is shown. He also recommended memos showing the benefit to the City for Jill payment of dues to associations. The, motion was seconded by Loso. Ayes: Hiemenz,Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried. After discussion of overtime and caIIouts, including year-end balances, Twit made a motion to approve tJ overtime and callouts as presented; seconded by Niedenfuer. I Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, TWit. I Nays: None. Motion carried. I PROPERTY VALUES - ASSESSOR: City Assessor Ollie Lesnick and County Assessor Robert Lindvall appeared before the Council to discuss the rise in property valuations for the City of St. Joseph. S1. Joseph has an active market and shows an increase in the property values is needed. State law requires, the Assessor's Value to be placed above 90% of the Estimated Market Value as established by property I sales. This requirement will result in increase on all properties this year, although they will not all show I the same percentage increase. I I HOUSING, MAINTENANCE AND OCCUPANCY ORDINANCE AMENDMENT, & PROPOSED I DISORDERLY HOUSE ORDINANCE: Michael Deutz spoke for the Landlords Association. He requested the Council allow the Landlords to work with them on the proposed ordinances affecting the rental housing issue__. They are proposing a committee of representatives of interested groups meet with them to work out an agreed upon proposal. It is anticipated the Committee will meet twice. After short discussion, Ehlert made a motion to approve Loso and Twit as representatives of the Council to meet in the proposed committee; seconded by Niedenfuer. Ayes: Hiemenz. Loso, Ehlert, Niedenfuer, TWit. Nays: None. Motion carried There was discussion of advertising for volunteers for the Committee in The Newsleader. I i RIGHT-OF-WAY ACQUISITION FOR COUNTY ROAD 133: Chad Carlson and Joe Bettendorf discussed the need to obtain additional right~f-way for the County Road 133 Improvement. Both options (I. The proposed realignment of Co. Rd 133 through the Industrial Park, and 2. Improving the County Road in its current location) would require right~f-way acquisition. It is the City's responsibility to provide the right~f-way acquisition within the City limits. Carlson stated Leo Buettner is willing to forgive the right-of-way costs through his property, in return for future utility services to his property. A signal light on the intersection with Highway 75 will be included in the project. The status of additional railroad crossings was discussed Mayor Hiemenz is waiting for a response from the railroad officials. i Niedenfuer questioned the width needed for roadway plan between Minnesota Street.and Baker Street and the need for that link. She stated the residential area will not want to encourage truck traffic in that area. I Bettendorf stated the Council may wish to look at revised plans for this area. He will contact APO to get a revised roadway plan, averting the wetland area. I I Jim Graeve questioned if County Road 133 Improvement could end at Highway 75, without connecting tol Minnesota Street (County Road 134). Bettendorf stated that link is in the plan to allow the traffic from Pond View Ridge access to Highway 75. Graeve expressed concern of additional truck traffic on Minnesota Street. i Page 3271 Janwuy 22. 1998 Bettendorf cautioned of the need to being the right-<>f-wayprocess. Loso recommended determining the funding sonrÅ“ is for this acquisition prior to beginning the process. I After further discussion Twit made a motion to allow the EDA Director to begin the right-<>f-way acquisition process to determine the financial bnrden and impact on the City. The EDA Director begin the selection process by obtaining an estimate from a qualified appraiser and bring the estimate to the Council for consideration. The motion was seconded by Niedenfuer. Discnssiom. - Niedenfuer questioned . if the City is locked in on the connection between Highway 75 andMinnesota Sltreet. She has concerns of trucktraffic on Minnesota Street and it becoming a major thoroughfare. Mayor Hiemenz stated if that link is omitted access will have to be provided to Scherer Trucking because the crossing will take their access. The Council reqnested Bettendorf to check with the County Engineer w~OIt the County's position is on the link between Highway 75 and Minnesota Street. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. TRANSMISSION TOWER FOR RESIDENTIAL AMATEUR AND HAM RADIO: Meredith Lindrud discussed with the Council her need to install a radio tower to operate her volunteer radio efforts. Ehlert discussed that she bad come to the Planning Commission, with her request. The Planning Commission would allow a hearing for the matter. On further review of the oro;mnÅ“ with the City Attorney, he felt the Council could consider the matter. Lindrud stated she would keep the tower height to 40 feet, bnt would exceed the setback requirements of 125% of the tower height imcluding the antenna, which is a maximum of 70 feet. Niedenfuer made a motion to waNe the set back requirements with the tower and antenna not to exceed 70 feet in height. Twit made a motion to table the matter and establish the proper procedure, holding a pnblic hearing if necessary; seconded by Loso. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. I REFUSE AGREEMENT: Jamie Phenow, BFl representative, appeared before the Council to reqnest another one year extension on the contract and waNe the $.25 increase for 1998. After short discussion Loso made a motion to accept the extension on the agreement as proposed; seconded by Niedenfuer. Ayes: Hiemenz, Loso. Ehlert, Niedenfuer. Twit. Nays: None. Motion carried. CENTRAL MINNESOTA EVENTS CENTER: Ehlert presented a resolution endorsing the development of a regional events enter and requesting the Minnesota Legislature to approve the Governor's reqnest to fund a regional events center for Central Minnesota. The resolution states I. The Council endorses the devêlopment of a regional events center in Central Minnesota. 2. The Council reqnests the Minnesota Legislature to fund twenty-five million dollars ($25.000.000) of the cost of constructing a regional events center in Central Minnesota. 3. Adoption of this resolution does not obligate the City of St. Joseph to any financial obligation for the development of the Central Minnesota Events Center. Loso made a motion to support the resolution; seconded by Twit. Discnssion - Maym Hiemenz discussed site proposals including a site between St. Joseph and Waite Park, or another site near Waite Park, Either one would have a large growth impact, business development and traffic in St. Joseph. Ayes: Hiemenz. Loso, Ehlert, Ntedenfner, Twit. Nays: None. Motion carried. I 1998 EMPLOYEE WAGE PROPOSAL FOR NON-1JNION EMPLOYEES: The Personnel Committee (Twit and Ehlert) discussed non-union 1998 employee wage l"upu>als. Proposed is to cut overtime and comp time in maintenance and administration, allow vacation time to ",.,."",,,Jo'p as earned, I I I Page 3272 January 22, 1998 and axe considering a cafeteria plan benefit package. Ehlert gave a presentation on the proposals. i ßmàley LiBàgeø is Bat iBeIuded iR tile pr.9pQS<:il hPr::.uc-.... h'~ wages are tied 1a tÐ.e f'6liet æH8a ........,...~ Ckwtf'fc--Ît~'V\ ! :JJsI'7 &' Mayor Hìemenz extended the meeting at 10:00 p.m. The Committee is considering implementing incentive plans to meet goals in controlling overtime. Loso indicated there is very limited latitude in allowing awards or most incentives for government employees. Niedenfuer suggested contacting the League of Minnesota Cities for, advice. Niedenfuer recommended review of the snow removal policy, in terms of amount of overtime hours removing snow on residential streets. PAY EQUITY REPORT: Twit stated the administration job descriptions will be reviewed February 2. and reconunended a closed session to evaluate the positions that are out of compliance (Deputy Clerk and Administrative Assistant). The Council agreed to hold a meeting on February 3, J 998 at 4: 15 p.m. with d closed portion, as needed, to discuss employee jobs and an open session to consider the 1998 wage and benefit proposals for non-union employees.. TAX INCREMENT FINANCING SEMINAR: Mayor Hìemenz stated the EDA is sending Chad Carlson to tlús seminar and recommended the Clerk! Administrator attend also in anticipation of use of tlús type offinancing. Niedenfuer made a motion to approve Rachel Stapleton's attendance at a TIF Seminar sponsored by Ehlers and Associates, Inc. on February 5 & 6 at the Earle Brown Heritage Center; i seconded by Loso. Ayes: Hìemenz. Loso, Ehlert, Niedenfuer. Twit. Nays: None. Motion carried. I I STREET LIGHTING REPORT: Twit made a motion to accept a street lighting report from Niedenfuet and Stapleton, indicating no further increase in the level of street lighting is needed except on College I Avenue SoutlL Additional lighting in that area was recommended to be included with the future College I Avenue South street improvement. The motion was seconded by Ehlert. Ayes: Hìemenz, Loso, Ehlert, Niedenfuer, Twit. Nays: None. Motion carried. ST. CLOUD AREA DISTRICT PLAN: Mayor Hìemenz gave an update on the St. Cloud Area District I Plan status. He referred to infonrultional material on the eleven goals of community-based planning and i stated each separate plan within the district must mesh with each to provide a livable community desigu t6 complete a Comprehensive Plan. I I MAYOR REPORTS: I) The Coalition of Greater Minnesota Cities has extended a gratis membership tJ the City ofSt. Joseph for another year. also waiving the registration fees for their recent membership meeting. This organization is actively working on retaining HACA and LOA funding at current levels. I , 2) Mayor Hìemenz noted the Mayor and Council reports were placed at the end of the agenda. He recommended omitting them with all items placed separately on the agenda. i , , i Loso made a motion to adjourn at 1O:J9 p.m.. and to consider at the next meeting the placement of Mayor and Council reports on the agenda. The motion was seconded by Niedenfuer. I Ayes: Hìemenz, Loso, Ehlert, Niedenfuer, Twit. N.._ ~oL Rachel Stapleton Clerk! Administrator I I I I ATTACHMENT "A" toJanuary 22, 19c98 Ci ty Council minutes I CITY OF ST. JOSEPH PlANNING COMMISSION FINDINGS OF FACT AND RESOLUTION REGARDING DEVELOPMENT REVIEW APPLICATION BY SUMMIT MANAGEMENT, INC. FOR PLAT SUBDMSION AND REZONING BACKGROUND AND RECITALS 1. On October 3, 1997, Summit Management, Inc. and Mark Lambert, Trustee i of the M.W. Lambert Trust, submitted a Development Review Application to the City of St. Joseph I for rezoning and plat subdivision for property located within the City of St. Joseph. (See Exhibit I 1~ I 2. The legal description of the property subject to the rezoning and ¡plat I subdivision request is: I That part of the following described right of way which lies east of the northerly extension of the east line of Block 2, Loso's 6th Addition, according to the recdrded plat thereof, City of St. Joseph, Stearns County, Minnesota, to wit: I That portion of the Burlington Northern and Santa Fe Railway Company's (Formerly Great Northern Railway Company) right of way, situated in the ~v. of Section 10, Township 124 North, Range 29 West of the Fifth Principal Meridian, Stearns County, Minnesota, lying Southwesterly of a line drawn parallel with and distant 50.00 feet Southwesterly, as measured at right angels from said Railway Company's Main Track centerline, as now located and constructed, and Ilying Northeasterly of the Northerly line of North Street, according to the recorded plat of St. Joseph. Minnesota, bounded on the West by the Northerly extension df the East line of Lot 14, Block 2 of Loso's 6th Addition of St. Joseph, and boun&d of the East by the Northerly extension of the East line of Railroad Street (1st Ave. N.E.), according to the recorded plat of St. Joseph, Minnesota. i I A public hearing on the matter was set for Monday, November 3, 1997, at I 7:30 p.m. in the City Hall before the St. Joseph Planning Commission. ~otice of the public hJaring 3. The requested name for the plat is North Park Third Addition. 4. I was provided as set forth in Exhibit 2. 5. The City requested review and comment on the proposed rezoning anà plat subdivision by the City Attorney, City Engineer, City Fire Department and other goveJental . i entities. The City Attorney's comments are contained in Exhibit 3. The City Engineer's corrurtents i are contained in Exhibit 4. The St. Joseph Fire Department's comments are contained in ExJn"bit 5. The St. Cloud Area Planning OrgaIrization's comments are contained in ExJn"bit 6. The Stearns County Highway Department's comments are contained in ExJn"bit 7. The comments of Sunset Manufacturing Company are contained in ExJn"bit 8. The above ex!n"bits were made a part of the record at the hearing. 6. The City Attorney expressed concern that the 1Iot did not meet minimum requirements for R3. (ExJn"bit 3). The City Engineer expressed concems regarding drainage. The City Engineer also expreSiSed concerns regarding rezoning of the property to R3, which is located next to the City water tower. The City Engineer pointed out that in 1993, the location of the water tower was specifically located in an area which provided sufficient clearance and was zoned agricultural. Rezoning of the property to R3 may not be a compatible use to other adjacent properties. (Exhibit 4). The St. Cloud Area Planning Organization expressed concerns regarding future right-of·way space for CSAH 2 and suggested that an additional 17 feet of right-of·way on both sides of the roadway be obtained in order to create a 100-foot right-of·way for future roadway improvements of CSAH 2. (ExJn"bit 6). The Stearns County Highway Department expressed concerns regarding drainage and offset intersections at CSAH 2, which would create an undesirable situation from a traffic and public safety standpoint. (Exhibit 7). 7. At the public hearing on November 3, 1997, Lambert withdrew his request for rezoning the property to R3, and requested that the Planning Commission act only on the platting request. (Exhibit 12). 8. After all testimony and comments had been made, the Planning Commission passed a recommendation to deny the preliminary plat of North Park Third Addition based on the following reasons: 2 I I I I I I · Since the developer withdrew the R3 rezoning request, there wal no i I I i · Lambert could still use the property for the intended use of a parkirig lot development plan for the plat. without the necessity of a plat. · The City had received letters from the City Engineer, Stearns County ! , Engineer, and St. Ooud Area Planning Organization expressing concerns if , I the property were platted for development. i I 9. On November 20, 1997, the City Council considered the Planning Commission's recommendation on the preliminary plat proposal for North Park Third Addition. i Mr. Lambert showed the City Council his intended use of the property, which was a parking lot for , his current student housing. Mr. Lambert offered to waive the requirement that the municipality I I act on the proposal within 60 days of receiving a full application. The City Council then referred , I the matter back to the Planning Commission pending Mr. Lambert's preparation and subrr1ïssion of a land use plan showing parking areas, ingress and egress, easements and any other pe~tinent I On January 5, 1998, the Planning Commission held another public Jeeting , i on Mr. Lambert's subdivision request for North Park Third Addition. Mr. Lambert submitted a issues. 10. land use proposal which showed the parking for the proposed subdivision. (Exhibit 9). FINDINGS OF FAcr Based on the evidence submitted at the two hearings which occurred on November , 3, 1997 and January 5, 1998, the Planning Commission makes the following findings of fact: I I 1. At the time Summit Management, Inc., through Mr. Lambert, Truste~ of the M.W. Lambert Trust, made the application for rezoning to R3 and request for subdivision plat, the , 3 applicant did not own the property. The fee owner of the property at the time of the application was Burlington Northern and Santa Fe Railroad Company. 2. During the course of the public hearing on November 3, 1997, Mr. Lambert withdrew his request for R3 rezoning of the subject property. 3. The subject property is zoned as agricultural. 4. The City water tower is located on property immediately adjacent and to the south of the subject property. The City water tower was constructed in 1993. At the time of construction of the water tower, the subject property was zoned as agricultural and provided the needed open space for a municipal water tower. 5. The applicant purchased the subject property from the Burlington Northern and Santa Fe Railroad Company on December 30, 1997. The property being purchased from the Railroad is being split from other property owned by the Railroad within the City of St. Joseph. The parcel size and configuration was a matter of negotiation between Mr. Lambert and the Railroad. 6. The subject property is appropriate for platting as a parking lot under an agricultural zoning district. The use as a parking lot is consistent with the pre-existing uses surrounding the property. BE IT RESOLVED AS FOLLOWS: The preliminary plat as requested by the applicant, Summit Management, Inc., and Mark Lambert, Trustee of the M.W. Lambert Trust, is approved as an agricultural district with plans for the construction and maintenance of a parking lot under the following conditions: 1. The five-acre requirement for an agricultural district is waived based on the past use of the property. 4 I I I I I I 2. Easements will be secured for the light poles and siren poles as outlined in a letter from Mark Lambert to Deputy Clerk Judy Weyrens, dated JanJary 5, 1998. (ExhibJ 10). I , 3. Drainage plans must be approved by the City Engineer prior to final plat , approvaL i Th C E· ·d·· di h Ii I I e ounty ngmeer must proVl e an opmIon an t e app cant must comp y i I with any requirements set by the County Engineer regarding access to Cdunty Road 2 prior to lfinal i 4. plat approval. 5. The City of St. Joseph and Mr. Lambert shall negotiate a resolution or i agreement relating to an easement for maintenance on the City water tower before final: plat i I approvaL Exhibit 11 contains a description of the easement needed for i the water tower. I i i 6. The preliminary plat contians errors on zoning classification. The Planning Commission requires that this be revised and that the property be properly designated an agricultural zoning classification before the City Council gets the preliminary plat. ! This Resolution is adopted this _ day of January, 1998. ST. JOSEPH PLANNING COMMISSION I I Ii