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HomeMy WebLinkAbout2001 [11] Nov 13 I I I i I I November 13, ~OOI Page 10f2 ¡ I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on Tuesday, November 13, 2001 at 5:30 PM in the St. Joseph City Hall. ! Members Present: Mayor Larry Hosch. Councilors Cory Ehlert, Bob Loso, AI Rassier, Kyle Schneidef. Administrator/Clerk Judy Weyrens. I I Others Present: Public Works Director Dick Taufen. . . I Hosch stated the purpose of the meeting is to review budget concerns of the Maintenance Department and the possible purchase of capital equipment. I Equipment Purchase: Taufen presented the Council with information regarding the purchase of a loader and auger. The bid prices are as follows: I John Deere $ 96,213 ~ 1~n I Both of the loaders are listed on the State Contract therefore bidding of the equipment is not necessary. Taufen stated that the maintenance staff is requesting to purchase the John Deere Loader and Auger! The au~~r is also listed on the State Contract and sells for $ .61 ,251. Taufe~ stated that the current I loader IS In need of repair and he would recommend trading In the loader or listing it as surplus property and solicit sealed bids. I The Council discussed financing mechanisms including equipment certificates and leasing the equipment from the vendor. The Council agreed to use $ 75,000 of the reserve funds as a down payment and i budget each year for the bond payment. Weyrens stated that the equipment fund reserve has a previous balance of approximately $ 71,000. I Loso made a motion to approve the purchase of a John Deere Loader and Auger at a price of ~ 157,000. The equipment will be purchased through equipment certificates, annual budget and I budget rollovers from prior years. The motion was seconded by Ehlert and passed unanimously. I Ehlert suggested that the City keep the Case loader as a backup or second loader. As the City grows the additional streets may necessitate the need for a second loader. Hosch concurred with Ehlert and stated that he could agree to keep the loader as long as it does not cost more to repair the machine than the: value received. Loso stated it is his opinion that he would prefer to pay repair bills than the price for a ~~~ I I Taufen stated that the vendor that is selling the City the loader has offered to trade-in the Case Loader at a value of $ 13,000. The vendor has suggested that the City consider soliciting bids with a minimum bid, as they may receive a better value. If after the bid process the City does not receive $ 13,000, the vendor would be willing to give the City credit in the same amount. The Council agreed to discuss this matter: further when Taufen has more information available. I Maintenance Staff: Taufen requested the Council consider increasing the budget to add an additional, maintenance worker. The demands of the maintenance department have been increasing and as th~ City grows so will the demands. The Maintenance department has only added two employees over the past 15 years while other departments have added additional staff. ì I Taufen has requested to hire Duane Lodemeier as a full time employee for the winter months to help with snow removal. Taufen stated that he has discussed future employment with Lodemeier and he is interested in full time employment with the City of St. Joseph. The Council agreed that additional staff will be needed in the maintenance department and will try to include additional staff in the 2002 budget. With the budget constraints the additional worker may not able to be added until late in 2002. November 13, 2001 Page 2 of2 Ehlert made a motion to authorize the hiring of Duane Lodemeier for full time seasonal to help with snow removal. The motion was seconded by Hosch and passed un.animously. Maintenance Facilitv: Ehlert stated the Council needs to continue working on construction of a maintenance facility. The current facility has reached its useful life and the rep,lacement of such should be priority of the Council. The maintenance employees use the facility as a lunch roomlbreak room and for that reason alone the facility should be upgraded. Loso and Ehlert will continue to work on the facility and report back to the Council. Finance Officer: Weyrens reported that the second candidate for Finance Officer is willing to accept the position at a starting salary of $ 32,284. The candidate has questioned if she could start her employment with two weeks of vacation. Loso stated that the position is union and the terms of employment need to follow the union contract. Loso made a motion to hire Tracy Snyder as Finance Officer at a starting salary of $ 32,284. The motion was seconded by Schneider and passed unanimously. Adiourn: The meeting was adjoumed by consensus at 8:45 PM ~~ ~;ator/Clerk I I I I I I i I I November 15, 2001 I I Page 1 of 11 Pursuant to due call and notice thereof, the City Council for the City of St. JOseþh met in regular sessi10n on Thursday, November 15, 2001 at 7:00 PM in the St. Joseph Community Fire Hall. I Members Present: Mayor Larry Hosch. Councilors Cory Ehlert, Bob Loso, AI Rassier, Kyle Schneider. Administrator / Clerk Judy Weyrens. I City Representatives Present: City Engineer Joe Bettendorf, City Attorney John Scherer, Police Chief Pete Jansky, Public Works Director Dick Taufen, Fire Chief Dave Theisen. I Others Present: Steve Hagman, Mark Lambert, Lance Honer, Mike Deutz, Lyle Mathison, Howard Zimmer. I I Approve Aqenda: Loso made a motion to approve the agenda as presented; seconded by Ehlert and passed unanimously. Consent Aqenda: Schneider made a motion to approve the consent agenda as follows: a. Bills payable, check numbers 30405 - 30512 b. November 1, 2002 minutes c. Authorize the Mayor and Clerk to execute change order no. 1 for the Northland Five Improvements, extending the substantial completion date to November 30, 2001. d. Set the public improvement hearing for the 2002 Interior Street Project to November 29, 2001 (previously set for November 15, 2001) , Public Comments to the Aqenda: No one present wished to speak. i Steve Haqman. Rental Housinq Report: Rental Housing Inspector Steve Hagman appeared before thb Council to present the annual rental housing report. The report is as follows: , I Licenses not renewed: The following properties have not renewed th~ir rental license: 123 ~ 4th Avenue NW; 513 E Minnesota Street; 108 _9th Avenue SE; 310 _10th Avenue SE; 501 _1" Avenue NW. I New Licenses Issued: The following rental licenses are new for the 2001-2002 license period: Wilshire Apartments (701, 709, 717, 725) College Avenue South; 134 _S'h Avenue NW; 219 W. Minnesota Street. I Summary of 2001/2002 Licenses Total number of addresses Total number of units Total Fees collected Total fees paid inspector 117 334 $ 9,990.00 $ 1,552.00 Fire Chief Reports Officer Salarv: Fire Chief Dave Theisen reported that the Fire Board reviewed the annual compensation for the Fire Chief and Assistant Fire Chief. The Fire Chief is currently paid $ 1,400 annually while the I Assistant Chief is compensated $ 700 annually. In reviewing the salaries of surrounding municipalities the Fire Board recommended the City and Township authorize increasing the compensation for the Fi~e Chief to $ 1,SOO/year and the Assistant Fire Chief to $ 850/year. The Fire Board agreed to review the' salaries annually to assure that the compensation is comparable to other departments. Loso made a! motion to increase the salary of the Fire Chief to $ 1,600 and the Assistant Fire Chief to $ 850 ! annually as recommended by the Fire Board. The motion was seconded by Rassier and passed unanimiously. ' November 15,2001 Page 2 of 11 Fire Relief Contribution: Theisen stated that the City Council in the past agreed to contribute $ 3,000 per year to the St. Joseph Fire Relief Association. This contribution replaces the past practice of creating a I deficit and paying proportionately. Ehlert made a motion authorizing payment of $ 3,000 to the St. Joseph Fire Relief Association as requested. The motion was seconded by Loso and passed unanimously. Community Fire Hall Rental Fee: Theisen reported that the Fire Board discussed the need to charge for the use of the community room at the Fire Hall. The community room is used almost four times a week and if a fee is not established maintenance costs will not be absorbed. The Fire Board requested that a $ 50.00 fee be charged for all gatherings that are not civic groups or profit groups. Groups using the faciiity for profit ventures will be charged a flat rate of $ 100 per event. Loso stated that it is his opinion that the fee is justified and made a motion to charge a $ 50.00 rental fee for the use of the Community Fire Hall. The fee will apply to all gatherings with the exception of civic groups and profit groups. Groups using the facility for profit ventures will be charged a $ 100 fee. The motion was seconded by Schneider. Discussion: Ehlert stated that he would like a cost analysis showing the need for charging for the facility as well as a breakdown of how often the facility is used. Ehlelt further stated that the facility was sold to the residents as a place that could be used for family gatherings and he hesitates at changing the policy. Theisen stated that while the comm~nity was informed they could use the facility, it was never stated that their would not be a charge. Ayes: Loso Nays: Hosch, Ehlert, Schneider, Rassier Hosch made a motion recommending that the Council be provided additional information regarding the use of the fire facility to include a schedule of how often tile facility is used and a financial breakdown as to the maintenance cost. The motion was seconded by Ehlert and passed unanimously. Capital Outlav Request: Theisen reported that the Fire Board has recently recommended approval to purchase six (6) new Self Contained Breathing Apparatus's (SCBA) at a cost of $ 12,000 and a new computer at a cost of $ 2,400.00. Loso made a motion authorizing the expenditure of $ 12,000 for SCBA units and $ 2,400 for a new computer as requested by the Fire Board. The motion was seconded by Rassier and passed unanimously. I Public Hearinq. Northland Five Assessment: Hosch opened the public hearing at 7:30 PM and stated the purpose of the hearing is to consider and possibly adopt, the proposed assessment for site grading, street, curb and gutter, sanitary sewer, water main, storm sewer and lift station to all lots in Northland Addition Plat Five Bettendorf stated that the improvement area is owned by one property owner, Ted Schmid of Lumber One Avon. Schmid has agreed to the assessment formula which bases the improvements on the size of the lot. The small lots are each assessed $ 10,544 while the larger lots are assessed $ 16,138, with a total assessment roll of $ 774,289. Included in the assessment roll is a lift station charge which equates to $ 600 per lot. This fee will also be assessed to the property in Northland Six. There being no one present to speak the public hearing was closed at 7:35 PM. Loso made a motion approving the resolution for assessing improvement costs to the area known as Northland Plat Five. The motion was seconded by Ehlert and passed unanimously. Resolution Adopting Assessment Northland Plat Five I I I I November 15, 2001 Page 3 of 11 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard ahd passed upon all objections to the proposed assessment for site grading, street; curb and gutter, sanitary sewer, water main, storm sewer and lift station, to all lots in Northland Plat Five. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST JOSEPH, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed I improvement in the amount of the assessment levied against it. j . I Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2002, and shall bear interest at the rate of seven (7) percent per annum form the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire ' assessment from the date of this resolution until December 31, 2001. To each subsequent I installment when due shall be added interest for one year on all unpaid installments. , The owner of any property so assessed may, at any time prior to certification of the assessmJnt to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire I assessment is paid within 30 days form the adoption of this resolution; and he may at any time thereafter, pay to the city treasures the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment I must be made before November 15 or interest will be charged through December 31 of the next succeeding year. I I The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor fo be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. 2. 3. 4. Public Hearinq. Buettner Business Park: Mayor Hosch opened the public hearing and stated the purpose of the hearing is to consider and possibly adopt, the proposed assessment for street, curb and gutter, i storm sewer and holding pond on Stearns County Road 133 from Stearns County State Aid Highway 75 to the south line of Lot 1 Block 1 Buettner Business Park. The following lots in Buettner Business Park are proposed to be assessed: Lot 2 Block 1; Lot 1 Block 3; Lot 2 Block 3; Lot 1 Block 4; Lot 1 Block 5. Bettendorf stated that the assessments presented at this time are the same numbers that were used when the Developer's Agreement was drafted and executed. Due to the delay in the construction of County Road 133 the assessment hearing was delayed one year. I I Gary Hawkins, owner of Spring Green questioned the assessment to the lot he owns in the Business I Park. He stated that when he purchased the property he was informed that the assessments have been paid. The Council instructed Hawkins to meet with the City Administrator and research what i assessments have been paid and if need be report back to the City Council. i I Cory Buettner spoke on behalf of the property owner Leo Buettener. Buettner stated that he objected to the proposed assessment as Elm Street East and 15th Avenue NE have not been improved. Buettner I also stated that his father objects to being assessed for the full frontage of Lot 1 Block 3. Bettendorf read an extract from the Developer's Agreement whereby the terms of the future assessments were I established. The document has been fully executed and recorded with the plat for the Buettner Business Park. I I )- November 15, 2001 Page 4 of11 Hosch questioned if this public hearing could be tabled to the next scheduled Council meeting in December. Weyrens stated that the assessment hearing has already been delayed and if the I assessments are to be certified in 2001 Buettner would have to waive the 30 days he has to make payment so that the assessments can be filed. Buettner stated that he would not be willing to waive the 30 days. The Council instructed Bettendorf and the City Attorney to review the proposed assessment roll and report back to the Council at a special council meeting that has been scheduled for November 21, 2001. The public hearing was closed at 7:50 PM Rassier made a motion to table further discussion of the proposed assessment roll for the Buettner Business Park to November 21, 2001. The motion was seconded by Ehlert and passed unanimously. Special Use Request. Robert Veline. 21 - 1st Avenue NW: Rassier reported that Robert Veline appeared before the Planning Commission to request a Special Use Permit to secure a rental license permit for the second level of the property located at 21 - 1" Avenue NW. Veline informed the Commission that he plans to place a gift shop on the lower level and rent the upper portion of the building. In addition, Veline informed the Commission that he will be refurbishing the exterior of the building to that of an old English Tudor. Loso made a motion to adopt the Resolution of Findings as presented by the Planning Commission; seconded by Rassier and passed unanimously. Resolution of Findings Robert Veline Special Use Permit allowing a Rental License in a General Business Zone. The request of Robert Veline for a Special Use request came before the Planning Commission at a public I hearing held on November 5, 2001. The purpose of the hearing was to consider issuance of a Special Use Permit to allow a rental license in a General Business Zoning District.. St. Joseph Code of Ordinances 52.21 subd. 3 If) provides for the following under Special Uses: Mixed use of a Permitted Use and a multiple residential dwelling units; but only if at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time for a Permitted Use. The area consisting of multiple residential dwelling units must meet the standards of Section 52.19, Subd. 5 and 6_ Parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.14, Subd. 4. The property is located at 21 _ 1" Avenue NW, legally described as the N65' of lots 11 & 12 Block 8 Block 009 Townsite of St. Joseph. The request has been submitted by Robert Veline, 23 West Minnesota Streel, St. Joseph MN 56374. 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: The proposed use is consistent with the standards for granting a special use permit, St. Joseph Code of Ordinances 52.9 Subd. 1. The proposed use meets all the parking requirements both for a rental unit and lower level gift shop. I Therefore, based on the above findings, the Planning Commission makes the following recommendation: I I I I I , , I November 15,2001 Page 5 of 11 Approval of the Special Use Permit to allow a rental unit in a General Business District with the fOIlOWihg contingencies: i 1. The rental license must meet all the requirements as determined by the Housing Inspector, Building Official and Fire Chief. 2. If the lower level is not occupied by a permitted business on June 1, 2002, the rental I license shall be suspended until the lower level is occupied. . . I Public Hearinq. Allev Vacation. 21 1st Avenue NW: Mayor Hosch opened the public hearing at 7:50 pM and stated the purpose of the hearing is to consider vacating the southerly 1.1 feet of the east/west alley between 1" Avenue NW and 2nd Avenue NW. The vacation is needed to allow the sale of the property at 21 -1" Avenue NW. Based on the survey presented by Auctioneer Frank Imholte the house is located in the alley by the distance stated above and clear title cannot be secured unless the 1.1 feet of the alleyl is vacated. I I Loso made a motion adopting the resolution vacating a portion of the east/west alley between '11" Avenue NW and 2nd Avenue NW. The motion was seconded by Schneider and passed unanimously. I Resolution for Vacating a portion of the EastlWest Alley Between 1st Avenue NW and 2nd Avenue NW Abutting N65' of Lots 11 and 12, Block 8; Townsite of St. Joseph i WHEREAS, the City Council of the City of St. Joseph has determined to vacate the southerly 1.1 feet of the east/west alley between 1s' Avenue NW and 2na Avenue NW abutting the following property, legally described as: N65' of lots 11 and 12 Block 8 Townsite of St. Joseph AND WHEREAS, a public hearing was held on November 15, 2001 before the City Council in the St. Joseph Community Fire Hall after due published and posted notice had been given by the Clerk on November 2 and November 9, 2001. A reasonable attempt was made to give personal notice to all affected property owners, and all persons interested were given the opportunity to be heard; AND WHEREAS, any person, corporation or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; AND WHEREAS, it appears that it will be in the best interest of the City to vacate a portion of such alley; 1 AND WHREAS, four-fifths of all members of the City Council concur in this resolution; I " I NOW THEREFORE BE IT RESOLVED, that the southerly 1.1 feet of the east/west alley between 1 I Avenue NW and 2nd Avenue NW abutting the N65' of lots 11 and 12 Block 8, Original Townsite is hereby I vacated. I i Public Improvement Hearinq. Colleqe Avenue North: Mayor Hosch opened the public hearing at 7:55 PM and stated the purpose of hearing is to consider the making of an improvement to include street, curb ènd gutter, sidewalk, storm sewer, sanitary sewer and water main. The proposed improvement area is as follows: College Avenue North from Minnesota Street to Ash Street. The estimated cost of the improvement is $ 145,000.00. November 15, 2001 Page 6 of 11 John Forsythe questioned if the beautification project will be continued on ColI,ege Avenue North. Ehlert responded that a sub committee is working on a proposal and will be requesting the service groups to contribute to the project. The project will include paving stones and decorativ08 lights. Mayor Hosch closed the public hearing at 8:00 PM Rassier made a motion adopting the resolution ordering the improvement to College Avenue North between Minnesota Street and Ash Street. The motion was seconded by Ehlert and passed unanimously. Resolution Ordering Improvement and Preparation of Plans College Avenue North between Minnesota Street and Ash Street WHEREAS, a resolution of the city council adopted the 6th day of September, fIXed a date for a council hearing on the proposed improvement of street, curb and gutter, sidewalk, storm sewer, sanitary sewer and water main. The proposed improvement area is as follows: College Avenue North between Minnesota Street and Ash Street. AND WHEREAS, ten days mailed notice and two weeks published notice of U,e hearing was given, and the hearing was held thereon on the 15th day of November, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the council resolution adopted this 15th day of November, 2001. 2. 3. Joe Bettendorf of SEH is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. Lance Honer. Re-zoninq Request: Lance Honer appeared before the Council requesting rezoning of the property he owns adjacent to County Road 2 (College Avenue North). The property is located immediately north of the railroad right-of-way. Honer stated that he approached the Planning Commission on October 1 and November 5, 2001 and they recommended the Council approve rezoning the property from Agricultural to R3 Multiple Family. The R3 zoning is requested to construct a multi family complex for all lifestyles. Rassier stated that Honer did present the Planning Commission with a concept plan. Honer stated that the plans were not complete as he does not wish to spend considerable resources if the plan would not be approved. Honer further stated that he agreed to plat the property within 12 months of annexation. Ehlert made a motion to adopt the resolution of findings as presented by the Planning Commission and conditionally approve the rezoning request of Lance Honer from Agricultural to R3, Multiple Family. The motion was seconded by Loso and passed unanimously. I I I I I I November 15, ~OOI Page 7 of 11 Resolution of finding Lance Honer, Rezoning Request Agricultural to R3 Multiple Family i The request of Lance Honer for a rezoning request came before the Planning Commission at a public, hearing held on October 1, 2001 and tabled until November 5, 2001. The purpose of the hearing is to' consider re-zoning a parcel of property currently zoned Agricultural to R3, Multiple Family. The Zoninb change is requested to allow the property owner to develop the property with multiple family units. , I The property is legally described as follows: That part of the Northwest Quarter of the Northwest Quarter of Section 10 in Township 124 North, of Range 29, less the Northerly 26 rods thereof, and less that part thereof lying Southerly of the Great Northern Railway right-of-way, and less that part platted as Lot 12 of Auditor's Subdivision No.4, an Addition to the City of St. Joseph, and less railroad right-of-way, and subject to highway easement and other easements and restrictions of record. Containing 11.84 acres, more or less. i I I The request for rezoning has been submitted by Honer Partnership Inc., 21 - 21 $I Avenue North, Waite Park MN 56387. 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: The above mentioned property has recently been annexed to the City of St. Joseph and is undeveloped on the north and west and developed to the south with single family homes and I manufactured homes. Therefore the proposed development will not conflict with the adjoining properties. I Therefore, based on the above findings, the Planning Commission makes the following recommendation: I Approval of the Rezoning of the above described property from Agricultural to R3, Multiple Family to allow for the construction of multiple family dwelling units with the following contingencies: 1. If the property is not platted within one year from the date of City Council approval of the rezoning, the Council and/or Planning Commission may initiate action to rezone the property back to Agricultural. ' I Mike Deutz. Rezoninq Request: Mike Deutz appeared before the Council to request rezoning of the I following property: 24 Birch Street East and 116 - 1st Avenue NE. Deutz stated that both parcels are 1 located adjacent to County Road 75 and he would like the opportunity to develop the property , I commercially. The property located at 24 Birch Street is adjacent to Highway Business Zoning while the property located on the corner of 1st Avenue NE abuts a residential neighborhood. I Rassier reported that the Planning Commission recommended approval of the rezoning request. The, motion to approve the rezoning was not unanimous as some members indicated that the property located at 116 - 1st Avenue NE is residential in nature and should not be developed commercially. Rassier also reported that the public hearing included opposition from the neighborhood. I I I Ehlert stated that he does not agree with rezoning all the property abutting County Road 75 as Highway Business and they should be rezoned on a case by case basis. He concurs with the Planning I Commission that the property located at 24 Birch Street could easily be developed commercially. Loso stated that the property located at 24 Brich Street East will have access issues and may not be viable for commercial development. November 15, 2001 Page 8 of 11 City Attorney Tom Jovanovich stated that the Council may wish to consider amending the Ordinance for an integrated mixed use. The intent of the Ordinance includes such language already. Modification would include a provision in the permitted uses or permitted special uses. Ehlert stated that he is not interested in creating another zoning classification, rather fine tuning the Ordinance we already have. Hosch stated that he believes the property along County Road 75 will become the new downtown area for St. Joseph. Therefore it is his opinion that the property abutting County Road 75 should all be zoned Highway Business. However, Hosch stated that he is not opposed to transitional zoning to allow single family dwellings until a time when the property owner wishes to sell the property. Rassier made a motion to rezone the parcel of property located at 24 Birch Street East from current R1, Single Family to B2, Highway Business as recommended by the Planning Commission. The motion was seconded by Ehlert and passed unanimously. Rassier made a motion to rezone the parcel of property located at 116 _1st Avenue NE from current R1, Single Family to B2, Highway Business as recommended by the Planning Commission. The motion was seconded by Hosch. Ayes: Rassier, Hosch, Loso Nays: Ehlert, Schneider Motion Fails 3:2:0 (Rezoning requires a 4/5 vote of the entire Council) I Mark Lambert. Preliminarv Site Plan. R3 Development: Mark Lambert appeared before the Council to present the preliminary site plan for the development of Lot 1 Block 1 Indian Hills Plat. The proposal includes the construction of a 44 unit apartment building three stories in height. Lambert stated that he proposes to develop the site without using the center access as the sewer line would need to be moved. Lambert further stated that it is his opinion that Northland Drive was constructed too low, leaving the access point at the lowest portion of the plat. Lambert stated that he will beglin site grading in preparation of the proposed building. City Engineer Joe Bettendorf stated that before any grading is completed a plan needs to be submitted for review and comment. Bettendorf stated that typically site grading is done before the plat is finished and property is sold. While the Developer's Agreement requires approval of !he site plan, it is questionable when that approval must be completed. I Lambert stated that he is putting the City on notice that he will be site grading based on his plan to construct an apartment complex. Jovanovich stated that Lambert is grading at his own risk. He further stated that Lambert purchased the property having full knowledge of the property and the existing easement for a future road. Jovanovich clarified that if Lambert creates a situation where the City has to re-grade the property or incur expenses due to the actions of Lambert, Lambert will be responsible for any and all charges. Hosch clarified that Lambert will be approaching the Planning Commission ill December with a PURD application which will then be forwarded to the City Council for review and comment. Loso made a motion to recess at 9:00; seconded by Rassier and passed unanimously. The meeting was reconvened at 9:10PM Loren Mathison. Special Use Permit Request. 219 Cedar Street East: Rassier reported that the Planning Commission conducted a public hearing for a Special Use Permit to allow a used car lot in the Highway Business Zoning District and a variance on the exterior requirements. The property is located at 219 Cedar Street East, adjacent to Daisy A Day and is owned by the Zimmer Brothers. The Planning Commission reviewed the plan and recommended approval of the Special Use Permit as I the individual leasing the space will remodel the building to resemble a log home. It was the understanding of the Planning Commission that log material is decorative in nature, therefore it would meet the intent of the Ordinance. I I I I I November 15, 2001 Page 9 Óf 11 I : I Loso made a motion to accept the resolution of findings of the Planning Commission and gra~t the Special Use Permit to allow a used car lot in a Highway Business Zoning District and to grant a variance on the exterior requirements allowing log material. The motion was seconded by I Schneider and passed unanimously. Resolution of finding - Loren Mathison Special Use Permit, Used Auto Lot in a Highway Business Zoning District. Variance - Exterior Requirements, allowing log material The request of Loren Mathison for a Special Use Permit and Variance request came before the Plan~ing Commission at a public hearing held on November 5, 2001. The purpose of the hearing was to consider issuance of a Special Use Permit to allow an auto dealership in a Highway Business Zoning District arid to consider a Variance on the exterior requirements. I St. Joseph Code of Ordinances 52.22 subd. 4 (f) provides for the following under Special Uses: New or used auto dealerships. St. Joseph Code of Ordinances 52.22 subd 7 (c) states: Acceptable building 'I materials shall include brick, stone; tip-up concrete panel, decorative concrete block or glass. Wood siding, plastic and other combustible materials not listed as acceptable shall be not be used for buildin\) exteriors. I i The property is located at 219 Cedar Street East, legally described as follows:.75 A W 200' of E 631 i57' of SE4NW4 lying N of Hwy 52, S of RR Less .07 A I The request for Special Use has been submitted by Loren Mathison, 2625 Clearwater Road, St. CIOUdl MN 56301. In consideration of the information presented to the Planning Commission and its application to the Comprehensive Pian and Ordinances of the City of St. Joseph, the Planning Commission makes the following findings: SPECIAL USE REQUEST The proposed use is consistent with the standards for granting a special use permit, St. JoseDh Code of Ordinances 52.9 Subd. 1. I I The proposed use is listed as an acceptable use with the issuance of a Special Use Permit. I ! VARIANCE REQUEST The proposed use is consistent with the standards for granting a variance as stated in St. JoseDh Code of Ordinances 52.8. , I . I While log siding is not listed as an acceptable material, it is decorative in nature and meets the intent of the Ordinance. . I Therefore, based on the above findings, the Planning Commission makes the following recommendation: I Approval of the Special Use Permit to allow an auto dealership in a Highway Business Zoning District and a Variance to allow log siding for the exterior with the following contingencies: 1. All four sides of the building will be refaced with log siding. . i The east and North side of the property will be fenced with steel material. The fence will be doubled faced with steel and must be maintained at all times. The eastern fence cannot extend beyond the front of the Hollander Liquor Store Building. 2. November 15, 2001 Page 10 of 11 3. The fence cannot exceed six feet in height 4. Approval of the Building Official and Fire Chief I 2002 Street Improvement Proiect: Bettendorf presented the Council with a revised preliminary assessment roll for the 2002 Street Improvement Project. The proposed assessment roll reflects the City policy whereby the sidewalks are paid through general levy. Winter Parkinq Requlations: Police Chief Pete Jansky and Public Works Director Dick Taufen appeared before the Council to discuss the winter parking regulations. Acting on the request of Loso and Ehlert the Council requested the Police Chief and Public Works Director to look at options for winter parking. Loso stated that it is his opinion that prohibiting parking on City streets during the winter is too restrictive and questioned if the City would consider a permit system. Taufen stated that it is his opinion that the current parking restrictions are effective and they should not be changed. It is important to have a policy that is easy to follow and it may be more cumbersome using snow emergencies or permit parking. Jansky concurred with Taufen and stated that many Cities surrounding St. Joseph use the same winter parking restrictions and they are effective. As the City grows it is more important to have a standard policy to eliminate confusion. Rassier stated that he supports the current parking regulations as everyone is familiar with them and they are effective. Janksy stated that the first two weeks of the parking ban the Police Department issues warnings to give residents notice. The Council requested that the Cable Access channel be used for information regarding snow removal Schneider made a motion to leave the winter parking regulations as they are currently in effective, I prohibiting street parking November 1 to April 1 from 2 AM to 7 AM; the motion was seconded by Ehlert and passed unanimously. Surplus Car: Janksy and Taufen requested the Council consider disposing of the 1994 Ford Squad car that was advertised for sale. Both the Police and Maintenance Department do not have a need for the additional car. Taufen stated that it is his understanding that the vehicle needs to be repaired and does not recommend expending any additional funds on the car. The high bidder is still willing to purchase the vehicle and honor his bid. The Council agreed to keep the car through the winter months. Mayor Repots - None Council Reports - None. Administrator I Clerk Reports Copv Machine: Weyrens presented the Council with two quotes for copy machines. It is difficult to compare each bid as the machines are slightly different with the same basic features. Rassier made a motion authorizing the City Offices to try the copy machines proposed by Marco and Chader and authorized the Administrator I Clerk to expend up to $ 10,000 for the purchase of a new copy machine. The motion was seconded by Ehlert and passed unanimously. Flexible Spendinq Plan: Weyrens presented the Council with a plan from the Stanton Group to administer a flexible spending program. The cost of the program will be offset by the reduced lax liability to the City. Loso made a motion to establish a flexible spending program effective January 1, 2002 I and authorized the Administrator Clerk to execute a contract between the City of St. Joseph and Stanton Group to Administer the flexible spending program. The motion was seconded by Rassier and passed unanimously. I I I i i I i November 15, ~OOl Page 11 bf 11 I Surplus Truck: Loso made a motion to accept the high bid of Bill Wasner to purchase the Ford 1972 Plow Truck for $ 4,333.00; seconded by Ehlert and passed unanimously. I , I Finance Officer: Weyrens presented the Council with the final candidate for Finance Officer, Angela I Lance, and informed the Council that she is requesting to be compensated at the same level where she is currently employed. This rate would place her at the top of the pay scale. Loso made a motion 1 authorizing the City Administrator I Clerk to offer the position of Finance Officer to Angela Lance at a starting salary comparable to her current earnings. The motion was seconded by Rassier and passed unanimously. Adiourn: Schneider made a motion to adjourn at 10:00 PM; seconded by Ehlert and passed unanimously. (J.(;tf.7 ~ Administrator / Clerk I THIS PAGE INTENTIONALLY LEFT BLANK I I