HomeMy WebLinkAbout1998 [07] Jul 16
Page 3348
July 16, 1998
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Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular
session on Thursday, July 16, 1998 at 7:00 p.m. in City Hall.
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MEMBERS PRESENT: Mayor Kenneth J. Hiemenz; Councilors Bob Loso,. Cory Ehlert, Mary
Niedenfuer, Ken Twit. Clerk/Administrator Rachel Stapleton. .
OTHERS PRESENT: Chad Carlson, Steve Streng, Bob &: Ellen Wahlstrom, Jerry Lang, Art
Reber, Gary Heltemes, Ben Hollermann, Jean SChirmers, Kevin SChirmers, Gerry Klaphake,
Ralph Schmitz, Nel Pfannenstein, Ray loehlein, Lori, Laila, and Simon Stang, Joe Braun, Steve
Dehler, Brent Mellesmoen, Jeff Palm.
Mayor Hiemenz called the meeting to order at 7:00 p.m. with all Councilors present.
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AGENDA: Loso made a motion to approve the agenda; seconded by Twit.' Discussion-
Niedenfuer stated there is no agenda item for Public Comment. The Council agreed to add
public comment after the Bills Payable.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer,Twit.
Nays: None. Motion carried.
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CONSENT AGENDA: Loso made a motion to approve the consent agenda (one item) request
of approximately one year supply of ammunition for the Police Department. The request is for
seven cases at $133 each with free shipping. The motion was seconded Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit. ' I
Nays: None. Motion carried.
MINUTES: Loso made a motion to approve the June 5th and June 25 minutes; seconded by Twit. I
Discussion - Page 6, Paragraph 5 conceming the amendment to Ordinance 55 approval, Mayor 'I
Hiemenz discussed changing the wording to a proposed amendment to Ordinance 55.
Niedenfuer and Loso felt the wording meant the same thing. Hiemenz wished to clarify that
there is more to the ordinance than only the issues addressed in the amendment. After further I
discussion Hiemenz agreed to leave the minutes as they were written.
Page 2, Paragraph 3 Twit stated he questioned if all the Liquor License Applicants are required
to provide insurance. stapleton stated they are.
Page 2, Paragraph 4 - Twit stated he questioned if the full amount of Local Performance Aid is
allocated to street sweeping. stapleton stated it is.
Twit also questioned if the revised letter prepared for public information, conceming the Charles
Cushing building permit, (referenced on page 8, paragraph 4) was sent to the interested public.
stapleton stated it is available to anyone who wishes, but not sent out to any specific group.
Ehlert recommended sendingthe letter to those persons that attended the June 1, 1998 Planning
Commission meeting. I
BILLS PAYABLE, OVERTIME AND CALLOUTS: After discussion of bills concerning summer
recreation supplies, Reserve Officers uniforms, amenities for the teachers of the self defense
class, and the number of tire repairs, Loso made a motion to approve the bills payable with a
clarification of the uniform allowance for the Reserve Officers; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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Loso made a motion to approve the callouts and overtime as presented; seconded by
Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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July 16,1998
Mayor Hiemenz discussed the hoHday pay allowance for the Police Offil::ers, stating the Police
Contract allows for payment of holiday hours that the officers accumulate. Twit asked if the
Police Chief was encouraged to have the officers use their holiday time. Mayor Hiemenz stated
that because it is addressed in the contract, changes to this issue should be addressed with
future contract negotiations.
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PUBLIC COMMENTS TO THE AGENDA: There were no public comments to the agenda.
DEPARTMENT HEADS REPORT
CHIEF OF POLICE LINDGREN: Mayor Hiemenz stated Chief Undgren was unavailable to
appear before the Council due police activity requiring the Chief. Mayor Hiemenz read a press
release on the incident pertaining to one of our residents. The Council mviewed the Second
Quarter Police Report. Mayor Hiemenz -indicated any questions on the neport could be
addressed later by the Chief.
EDA DIRECTOR CARlSON: EDA Director Chad Carlson presented a Resolution on the
Proposal to Form Tax Increment Financing District No. 1-2 and Adopt Tax Incremerlt Financing
Plan and Call for Consultation with Other Affected Jurisdictions and Publiic Hearing and
discussed it. The Public Hearing is set for August 6, 1998. Loso made a motion to approve the
resolution as presented; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
CarlSon also discussed a recent meeting with representatives of VIC West Steel whereby they
discussed their relocation plans. Their concerns 1) the soil conditions and 2) access to the site,
especially during construction, were add~. Their plans call for a 60,000 square foot building
with expectations to expand when this fâ:ëlr\ty is in operation. A plat for thn proPertY is expected
to be presented to the Planning CommiSí¡¡on in August fortheircònSièlerallion. _ .", .,
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STEARNS COUNTY PROPOSED FEôED LOT 0Rt?I/llANCE: The Mayor and Council diSCUssed
proposed setback requirements for feed lots from CitY boundaries. On Ehlert's questiOfling if the
area farmers had been consulted, Mayor Hiemenzstated tJ"t.is has been done at the County level.
Ehl.ert felt that as a rural community we need to bè responsive to the farmers and agricultural
businesses. Niedenfuer noted the suggested setbaclls were greater than the County's proposed
setbacks. .,,,_
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Ellen Wahlstrom discussed the impact of the number of animal units and ¡lsked if the Council
would allow public input on this issue, as there are some very knowiedgealtlle people on this
issue in the area. Loso asked for clarification of the definition of a feed lot (a number of animal
units held in a confined space). There was further discussion of animal units and methods of
manure application. Niedenfuer made a motion to recommend the Couoq· inctude in the feedlot
ordinance the following proposed setbacks from the 10 year orderly anne~ation zone as a
minimum.
Both Uquid and Solid Manure Storage Structures
10- 499 Animal units - minimum setback of 1 mile
500 - 999 Animal units - minimum setback of 1 1-S miles
More than 1,000 animal units - minimum setback of 2 milelS
Additionally any proposed increase in existing non-conforming feedlots would require the City be
notified in the County's permitting process.
The recommendations will include public input received. The motion was seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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MAYOR'S REPORT: 1) The Mayor recently attended an APO Executive meeting, at which the
July APO meeting was cancelled.
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July 16. 1998
2) Mayor Hiemenz was appointed to the APOMNDot Facilitating Committee whose function is to
assist in facilitating a resolution to outstanding working relationship issues between the APO and
MNDot.
3) Borgert Concrete is celebrating their Anniversary on July 29 of 75 years in business..
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COUNCILORS REPORT
TWIT: 1) The EDA met with Consultant Ed Tschida, Advance Resources for Development,
conceming the proposed TlF District and Vic West Steel proposal. As a result of a recent
meeting, Twit felt there will be a very positive outcome on this issue.
2) The Personnel Committee plan to continue with the Department Head reviews. The Council
agreed to schedule a closed meeting for August 4 for annual reviews of Department Heads.
EHLERT: The Planning Commission felt they were somewhat circumvented in the Cushing
Building Permit issue. They had requested this matter be placed on their July 6 agenda, but the
City Attomey was consulted withresolutionofthe matter at the Councillevel,prior to Planning
Commission input. Mayor Hiemenz stated the City Attomey's recommendations were sent to the
Planning Commission members in order to keep them informed.
LOSO: 1) Loso questioned the resolution of a telephone complaint he previously received,
which was referred to the Mayor. Mayor Hiemenz stated the complainant should file a written
complaint for any further action. I
2) Loso recommended the Capital Improvements including street Improvement Projecls be part
of the 1999 bUdget process.
NIEDENFUER: 1) The Self-Defense course recently completed was very successful. One of
the instructors is researching a grant to provide funding for training for both participants and
instructors.
2) The Minnesota Project will be giving a presentation August 3"' after the Planning Commission
meeting, including a study on St. Joseph growth, presented by an intem.
ASSISTED LIVING PROPOSAL - 91sT AVENUE: Ralph Schmitz, representing James
Development Firm discussed their request to re-zone the property to R-2, multiple family, a
variance on the rear yard setback, and site plan approval. The proposal includes a 14,000
square foot, one level building, with 20 units and occupancy of24 persons and 14 parking
spaces. He felt this would adequately provide for parking needs. as there tends to be very little
traffic and few of the residents of the facility will have vehicles. The building will be pre-finished
siding with a cedar sign showing the name of the facitity. On Niedenfuer's asking about exterior
aesthetics, Schmitz indicated plans include very nice landscaping with Shrubbery.
Twit indicated plans show more than 24 beds, and any increase in occupancy would require
additional approval by the Planning Commission and Council.
There was discussion of additional costs involved in extending water service to the property as
well as other water extension proposals.
Loso made a motion to approve the Assisted Living proposal of James Development and
property owners BobWahlstrom and Leslie Prose as recommended by the Planning Commission
to grant R-2 zoning and a 14 foot vañance on the rear yard setback; along with site plan
approval; the water extension to service the. property to be addressed by the City Engineer.
Approval is contingent upon the developer providing an accurate elevation drawing of the
building and the accurate revised drawings of the building plans,the maximum density approved
Page 3351
July 16, 1998
is 24 residents, and 14 parking spaces are required. Any changes will rEKjuire planning
Commission approval.; seconded by Niedentuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
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VARIANCE ON FENCE HEIGHT - 309 CYPRESS DRIVE: The Council reviewed the request of
Mark and Lori Stang, 309 Cypress Drive, legally described as Lot 001, Block. 001 Hollow Park,
for a five (5) foot variance on the height of a fence on a front yard and an eight (8) foot variance
on the front yard setback. The variance is being requested to construct :a privacy fence around a
.deck and the front yard.
Loso made a motion to accept the Planning-commission's recommendalions to approve a two
(2) foot variance on the maximum height of a fence in the front yard, allowing the fence
abutting Old Highway 52 to be six feet in height and allowing the fence to be constructed 22 feet
from said roadway. The motion was seconded by Niedenfuer. Discussion - Twit questioned if
easements have been secured on the property. Stapleton stated they have not yet been
secured. Mayor Hiemenz stated the City Attomey and Engineer are wonking on all the
unrecorded easements needed for servicing utilities.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
VARIANCE ON LOT SIZE AND DEPTH: The Council reviewed the Planning Commission's
recommendations on a request for a two thousand three hundred twenty·.¡¡ine (2,329) foot
variance on the minimum lot size and a twenty-nine anG~lf (29.5) foot variance on the
minimum lot width. The variance is being requested to allow the construction of a single family
dwelling. The property is zoned R-1, Single FamUy.
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The variance is requested by Nel Pfannenstein on the property legally described as: Lots 009
and 010 Loso's 5th Addition, less the west 95.50 feet thereof Block 003.
EhJert made a motion to approve the request as recommended by the Planning Commission,
based on their findings as follows; seconded by Twit.
Finding: ThePlanning Commission reviewed the information from 1982 and 1984
pertaining to the lot line change of Lots 9 and 10, LOSO'S 5th Addition. It is the opinion of
the Planning Commission and City Attorney that the original request in 1982 was a re-
configuration of lots, not changing the square footage. Therefom, the lots were
previously platted and approved, making the above mentioned lots buildable. Further,
the Planning Commission was of the understanding that this request was already
approved in 1992 and again in 1994.
Therefore, based on the above findings, the Planning Commission made the following
recommendation:
Approve a two thousand three hundred twenty-nine (2,329) foot variance on the
minimum lot size and a twenty-nine and one half (29.5) foot variance on the minimum lot
width.
Discussion - Twit stated he has reservations allowing construction of homes facing an alley,
although the Planning Commission and Council did previously approve the clhange in
conformation of the lot. Twit further stated that on review of the matter he did not find
J ffirmation that the lot fronting on the alley is buildable.
Pfannenstein started she felt the lot was considered buildable when the matter was considered
previously by the Planning Commission and Council. Also the adjacent alley is not developed as
an alley and could be vacated to provide more area to this lot.
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July 16, 1998
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Ehlert stated the ordinance requirements for lot size were met in 1984 when this matter was
originally considered and further stated the City Attomey advised the Planning Commission in
their consideration and findings. He further stated although it is not typical to have a house on
an alley, in some ways it could be beneficial to the resident.
Loso stated that the ordinance prohibiting building 011 an alley has been enforced since its
adoption.
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Mayor Hiemenz clarified one of the problems associated with structures fronting on alleys is that
assessment formulas do not provide for fairly assessing such properties. !
Twit recommended referring the matter back to the Planning Commission for clarification on the
ordinance reference in relation to this matter. Pfannenstein indicated her husband had requested
this matter be addressed when it was brought to the Council previously.
On the request of Mayor Hiemenz for a substitute motion, Twit made a motion to refer the matter
back to the Planning Commission for consideration at their next meeting. A recommendation for
clarification on a reference to the St. Joseph Code of Ordinances 54.7 subd 4(e) requiring
"frontage on a public dedicated street other than an alley· is requested with the lot only having
alley frontage and recommendation of the treatment of future public improvement assessments
to the property. Ehlert seconded the motion. Discussion - In order to expedite the matter the
Council agreed to consider the Planning Commission's recommendations at the next Council
meeting with Planning Commission's recommendations disbursed to the Council in a second
agenda packet.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
SPECIAL USE PERMIT FOR R-3 IN A BUSINESS ZONE & PARKING PLAN: Michael Deutz
appeared before the Council to request the Council accept the Planning Commission's
recommendations for property located at 33 Minnesota Street West, to allow R-3 use in a
Business Zone and consider the development parking plans. Deutz discussed his parking plans.
The original plans needed to be changed due to the parking needs for the Sal's Bar business.
His altemateparking plans are on the property adjacent to the alley west of Sal's Bar & Grill.
Deutz discussed a meeting where he had discussed his plans with Chad Carlson, Cory Ehlert
and Mary Niedenfuer as well as plans to enhance the appearance of the proposed building.
Niedenfuer stated the Comprehensive Plan allows for preservation of historic sections of the
City. She further offered to take photos of historic buildings and discussed methods to foster
preservation of such structures, such as waiving certain fees.
Deutz showed his elevation plans along with his building plans indicating he would use the same
type of bricks as the Meat Market or Gary's Pizza buildings. Niedenfuer recommended he make
an attempt to give the building an historic ambiance.
Deutz further discussed parking indicating the owner of Papa Guseppi's has parking with the next
door building in relation to her other business located in that bUilding. Twit indicated that parking
is the biggest issue with this proposal. Deutz requested to allow his attomey to work with the City
Attomey to draw up an agreement to secure the needed additional four parking stalls to be
located on Dale Schneider's rental property (next to Sal's Bar). The P1anning Commission
discussed in depth the number of parking stalls to be required for this proposal.
After further discussion Loso made a motion to accept the Planning Commission's
recommendations after holding a hearing, and approve a Special Use Permit to allow R-3 In a
Business Zone and approve the parking plans, contingent upon his securing four off site parking
spaces with a fully executed document, approved by the City Attomey. Ehlert seconded the
motion.
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July 1e, 1IIDS
The Planning Commission's recommendations to approve the Special Use Permit u
requested, included the following contingencies:
1. Deutz will provide six (6) parking spaces on the same ptope¡ty where the
proposed development will occur. The parking spaces portrayed In the
sIreet boulevard may not be one of the six required øpøces. FIII1her,
Deutz wiD provide four (4) pa.killY spaces within 300 feet of Ills property.
Deutz wiD require the employees of lower level 10 use tf1e off Jite
parking. A long-term lease (10 years) wiI be S9Ied by tf1e ptope¡ty
IMIIef" of the off site .-IdIlO whidJ wiI be ~Ied ... approved byfM
City Attorney_ If the off site parking Is lost ... lid ilnmedilaIeIy
repIaœd, the 00I1diIioo18l use permit allowing telidenIIaI rental Is lost.
2. The foIowio1g 1IIòhÍo,ILI11 densities apply fortf1e entaf ØIit:
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Student "",1M. 7 ~
Family Rental: One family per unit as a'llowed by the housing
code
3. Deutz will provide a refuse dumpster which shall be properly screened
and located on the northeast section of his property.
Discussion - Deutz's attomey may contact the City Attorney with a proposed draft of such
document as necessary to secure adequate parking for the property.
Niedenfuer feU the downtown area needs to look busy, and felt people will walk a short distance
to businesses in the downtown area. Twit indicated some of the businesses would disagree.
Ehlert concurred there is a need to provide off street parking.
Deutz also felt the area behind City Hall (where the old water tower was located) could be striped
to provide more parking in the area. He stated he would like to negotiate with the City for use of
such parking spaces.
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Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
CITY ENGINEER REPORTS
PROPOSED UTILITY EXPANSION - 91sT AVENUE AND WHISPERING PINES: City Engineer
Joe Bettendorf discussed the results of a survey sent to residents on 91st Avenue and
Whispering Pines area. The survey results show about 50% of the property owners were
interested in being serviced by water or sewer. Mayor Hiemenz stated 60% of the property
owners in the area to be annexed, need to support annexation according to the Orderly
Annexation Agreement. He further indicated a desire to maintain the Citjr boundaries in straight
lines to alleviate jurisdictional problems. If water and -sewer lines are installed adjacent to
properties that are not annexed, those properties will be required to pay up front the cost of the
assessments as a utility extension charge in addition to hookup fees.
Bettendorf stated the sewer main would be extended from the north on 91 st Avenue with the west
side of 9151 Avenue already being served by sanitary sewer. Water main 1:;ould be installed on
either side of 91 st Avenue, with sewer main installation on the east side to service those
properties.
On 90th Avenue the utilities would have to be installed in the roadway, which would require road
construction in the project. Curb and gutter as well as storm sewer could be omitted.
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July 16, 1998
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Gary Heltemes stated he is already in the City and has sewer, but wants municipal water service.
He recommended the City hold an informational meeting. Jeff Palm discuSsed his need for
water and sewer. Kevin Schirmers stated the people need more concrete Cost information in
order to support the proposed project. Niedenfuer recommended having a future projection
informational cost analysis prepared. Brent Millesmoen stated he does not want City utilities,
do many of the families in the neighborlhood. The anticipated cost is too burdensome.
Twit made a motion to approve a feasibility report in sections on the following installations:
1. Installation of water service the Assisted living Facility to be constructed on 91 st
Avenue.
2. Water main from the Assisted Living Facility to Baker Street, west side only.
3. Water and sewer service on 91st Avenue to serve both sides ofthe street.
4. Water, sewer and road restoration on 90th Avenue.
The motion was seconded by loso.. Bettendorf indicated he will get the report prepared for the
August 6 Council meeting.
Ayes: Hiemenz, Loso, Ehlert. Niedenfuer, Twit.
Nays: None. Motion carried.
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POND VIEW RIDGE FIVE DEVELOPERS AGREEMENT: Bettendorf discussed the status of the
Developers Agreement. Discussed were: .
· Some City costs are included in the agreement, including a portion of the pond .
expansion and part of the water main extension.
· Added to the agreement as developer's costs are aid to construction street lighting
charges, and street signs.
· Street sweeping and cleaning is included.
Mayor Hiemenz extended the meeting at 10:00 p.m.
Niedenfuer questioned the City Engineer's letter concerning the Bauerly Addition wetland issue.
Ehlert stated this matter was considered by the Joint Powers Board and Planning Committee.
Ehlert further discussed an easement needed in that area from adjacent property owned by
Amcon for a future roadway.
NORTHLAND PARK PLANS: Park Board Chair Joe Braun presented and discussed along with i
Park Board Liaison Ehlert, the Northland Park 5 Phase plans as follow: I
Phase One
· Fence
· Parking Lot
· Trees
· Sign
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Phase Two
· Sandbox Play Area
· Playground Equipment
· Trees
· Baseball Backstop
· Bicycle Rack
Phase Three
· Walking Trail
· Trees
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July 16, 1998
Phase Four
· Base!)all Diamond
· Volleyball Court
· Basketball Court
· Picnic Tables/Benches
· Trees
Phase Five
· Picnic Tables
· Grills
· Trees
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Mayor Hiemenz asked how the phases relate to years and why the plan has placed in Phase four
the facïrlties that the people wish to have installed now. Ehlert stated the, various park facilities
were prioritized according to surveys and placed in the corresponding phase. He further stated
the area for baseball is now designated and may be used for neighborhood baseball games, but
is anticipated to be 1Jeveloped in four years, based on funding.
Mayor Hiemenz stated there should be a drain in the park with a drainag1~ pipe exiting under the
parking lot out of the park, thereby allowing the pond to drain.
Braun stated Phase One is anticipated to be completed this year as the ~unding for it is in this
year's budget.
Mayor Hiemenz stated he may have a source of additional funding for th,sse park development
projects. He also stated he understood a donation of aggregate had been offered and the Park
Board should follow up on this donation in order to receive it.
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After further discussion Niedenfuer made a motion to accept the Northland Park plan as
presented; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
!3AUERL Y - PARTNERING WITH PARKS PROGRAM: Jerry Lang, Regional Vice President for
Concrete, representing Bauerly, discussed their Partnering in Parks Initiative honoring their 30'"
Anniversary Celebration. Grants are awarded up to $1,000 for parks, with applications being
reviewed in August and September. He discussed the scope of his company induding services,
employees, locations and equipment. Lang recommended the City submit an application for a
grant for park development
CLERK/ADMINISTRATOR REPORTS: 1) As a follow up to the discussion at a recent meeting,
of notification of st. Joseph Township as property owner, in the re-zoning the Roske Property,
stapleton verified the list of property owners for the re-zoning of the Rosk.e Property including
the St. Joseph Township Clerk.
2) Loso made a motion to approve the purchase of an additional copy of the 51. Joseph Code of
Ordinances as a working copy for the City Office at a cost of about $25; seconded by
Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
3) stapleton discussed infonnation received from the City Attomey conceming gathering of
information, specifically tenants names, in the rental licensing process, and the dassification of
such information. Tenants names would be considered private information and as such could
not be disseminated.
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July 16, 1998
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4) Loso made a motion to approve the purchase of a power weed trimmer to replace one that is
over ten years old, estimated cost, $290; seconded by Twit.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
MISCELLANEOUS OR ANNOUNCEMENT ITEMS: Twit questioned if a cleaning service had
been secured, as the condition of the City Hall was embarrassing for a recent meeting.
Stapleton stated one has been secured and the Council room and entrance were cleaned prior to
the Council meeting. A general weeklycJeaning of the facilities will be done with extra periodic
cleaning duties performed also.
Twit asked to offer Chief Undgren the opportunity to come to the next Council meeting if he
wishes to discuss his report.
ADJOURN: The meeting was adjoumed at 10:54 p.m. with a motion by Loso; seconded by
Niedenfuer.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
(þd~
Rachel Stapleton
Clerk/Administrator
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