HomeMy WebLinkAbout2001 [08] Aug 16
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August 16,!2001
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Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session
on Thursday, August 16, 2001 at 7:00 PM in the SI. Joseph City Hall. I
Members Present: Mayor Larry Hosch. Councilors Cory Ehlert, Bob Loso, AI Rassier, Kyle Schneider.
Administrator I Clerk Judy Weyrens. I
Others Present: Ken Twit, Audrey Twit, Ben Poepping, Mary Ann Poepping, Gladys Schneider, Don I
Schneider, Laura Bednarz, Pat Bednarz, Monte Eastvold, Jean Dehler, Steve Dehler, Dave Theisen,
Kelly McCann, Goeff Partridge, AI Stellmach, Dorian Davidson, John Meyer, Joe Bettendorf
Approve Aaenda: Loso made a motion to approve the agenda with the deletion of consent agenda
item 3(a) Bills Payable. The motion was seconded by Schneider and passed unanimously.
Consent Aaenda: Loso made a motion to approve the consent agenda as follows:
a. deleted
b. Approve the minutes of July 16 and August 2, 2001.
c. Approve the summary statement of the closed meeting of August 2, 2001.
d. Authorize the Mayor and City Administrator / Clerk to execute the Separation Agreement
between the City of SI. Joseph and Gary Will. I
e. Approve the outdoor liquor permit for the £31 Paso for an event to be held on August 19,
2001.
The motion was seconded by Schneider and passed unanimously.
PUBLIC COMMENTS TO THE AGENDA
Ken Twit. Enforcement of the Hiahwav Business Exterior Reauirements: Ken Twit appeared before the
Council to urge the Council to not approve the variance request of AI Stellmach to construct a mini I
storage facility without meeting the exterior requirements of the Ordinance. Twit stated that the Highway
75 Ordinance was adopted to provide aesthetics along Highway 75 as it will be the main entrance to SI.
Joseph. The Ordinance is relatively new and should be enforced. I
Public Hearina. Independence Center: Mayor Hosch called the hearing to order and stated that the I
purpose of the public hearing is to consider issuance of Industrial Revenue Notes for an adult care facility.
The Industrial Revenue Note is issued to the City of Sauk Rapids as Opportunity Manor is constructing
adult care facility in a number of Cities including SI. Joseph. The facility in SI. Joseph will be located þn
12'h Avenue NW. The Industrial Revenue Notes are not a liability to the City but need to supported by
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Ben Poepping of 13'h Avenue NE questioned where the facility will be located and if the Ordinance I
requirements will be adhered to. Hosch responded that the facility will be located at 13 - 12'h AvenueSE
and is a permitted used in a residential area. The house is currently under construction and meets a the
setback and lot coverage requirements.
Hosch closed the hearing at 7:15 PM.
Ehlert made a motion to approve the resolution giving approval to a project by Opportunity Manor,
inc., under Minnesota Statutes, Section 469.152 through 469.165; Referring the proposal to the
Minnesota Department of Trade and Economic Development for Approval; and Approving a Joint
Powers Agreement. The motion was seconded Loso and passed unanimously. !
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Cioarette License Violation. La Plavette: Hosch stated that the City Council has been notified of a i
cigarette violation that occurred on July 16, 2001 at the La Playette. The lack of requesting a hearing is
the same as an admission of guilt. Therefore the Council will move to the disposition stage.
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Hosch stated that the violation occurred when a minor was allowed to purchase cigarettes from a vending
machine. The vending machine is located near the bar and the minor received change from the I
bartender to purchase the cigarette. Ehlert stated that since the cigarette machine is in clear view of the
bartenders, the violation should not have occurred. Ehlert questioned if the property owners have
considered removing the machine.
Pat Bednarz, owner, stated that he has the cigarette machine for inventory control. At this time
he is not looking at removing the machine, but will provide training to the bartenders.
The Council questioned Bednarz if training is provided to all employees regarding tobacco rules.
Bednard responded that each employee is handed a booklet when they are hired and it is their
responsibility to review the material.
Loso stated that the violation does not seem intentional and can be remedied through training. Rassier
made a motion to fine the La Playette $ 50.00 for the Cigarette Violation and recommend the
owners consider removing the Cigarette machine. The motion was seconded by Hosch.
Ayes: Hosch, Ehlert, Rassier, Schneider
Nays: Loso Motion Carried 4:1:0
Citv Enaineer Reports: City Engineer Joe Bettendorf reported on the following projects:
. County Road 121: Bettendorf reported that he is working on updating the assessments
roles for County Road 121. The improvement to County Road 121 will also include the
one block area of College Avenue from Minnesota Street to Ash Street West. The
Council will need to schedule a public improvement hearing for the improvements.
. St. Wendel Sewer Extension: The purchase of additional sewer capacity will require that
St. Joseph provide service to St. Wendel Township at some point in the future.
Special Use Reauest. Kellv McCann: Kelly McCann of 134 - 6th Avenue NW appeared before the I
Council to request authorization to rent a portion of his home. McCann stated that he was unaware that a
rental license was required in St. Joseph and currently rents to two students. McCann stated that he has
enough off street parking for three vehicles. McCann stated that the Planning Commission has
recommended denial of the Special Use Permit partly because there are no rentals currently in Clinton
Village and the neighborhood did not want an infusion of such.
Loso stated it is his opinion that the intent of the revised R1 Ordinance was not to prohibit owner occupied
rental, rather it was to manage the rental units assuring that the Ordinance regulations can be adhered to.
Ehlert concurred with Loso and stated that the intent of the new Ordinance was to identify where the
rental units are located and allow owner occupied rental units. Ehlert expressed disappoint in the final out
come of the revised Ordinance. Hosch stated that he too believes that a property owner has the right to
rent a portion of his home and the City should not over regulate homeowners.
Geoff Partridge spoke in opposition to the Special Use Request and urged the Council to accept the
findings of the Planning Commission and deny the request of Kelly McCann. Partridge stated that
allowing rental in an area that currently does not have any rental will change the character of the
neighborhood and he opposes any change.
Ehlert made a motion to grant a Special Use Permit to Kelly McCann of 134 - 6th Avenue NW with
the following contingencies:
1. The Special Use Permit is not transferable and becomes null and void upon the
transfer of property or non renewal of the rental license.
2. The Special Use Permit will allow only one tenant at the above stated property.
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The motion was seconded by Schneider.
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Discussion: Hosch stated that if the intent of the Ordinance is to allow rental then the ordinale
should be changed.
Ayes: Schneider, Loso, Ehlert
Nays: Rassier, Hosch Motion Carried 3:2:0
Monte Eastvold. Bond Sale Northland Addition: Bond Counsel Monte Eastvold appeared before the I
Council to issue bonds in the amount of $ 810,000 for the improvements for Northland Five. The bond
issue is for a period of five years and the Developer's Agreement includes a provision that requires the
developer to make the annual payment if the assessments are not received in a timely manner. Eastvold
stated that when the City Council authorized the bond sale, one paragraph was left out of the resolution.
That paragraph included the provision that would allow Juran & Moody to participate in the bond sale.
Eastvold stated that the language is needed in the resolution for disclosure purposes.
Loso made a motion to amend the resolution authorizing the bond sale of $ 810,000 for the
improvements to Northland Five to include the provision that allows Juran and Moody to
participate in the bond sale. The motion was seconded by Rassier and passed unanimously.
Eastvold presented the Council with the bid results from the Bond sale. The bids were opened at 11 :00
AM at the office of Juran & Moody and the results are as follows:
Bidder
Purchase Price
Net Interest Rate
,
United Banker's Bank
US 8ancorp Piper Jaffrey
Miller Johnson Steichen Kinard
$ 802,460.00
$ 797,040.00
$ 801,986.00
3.7604
3.8973
3.9833
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Eastvold stated that the rates received are similar to that of an a rated bond issue. The reason for the low
interest rates are the economy and the short term of the bond issue. This bond issue is only for a period
of five years and includes a provision for guaranteed payment. i I
Loso made a motion approvin9 a resolution awarding the bond sale in the amount of $ 810,000 to
United Banker's Bank. The motion was seconded by Rassier and passed unanimously.
Sewer Conveyance Capacity. St. Cloud: The Council discussed financing alternatiyes with Monte
Eastvold for the potential purchase of additional sewer capacity form the City of St. Cloud. Eastvold
stated that the bonding rates are at a low period and it is a good opportunity for St. Joseph to finance
improvements. St. Joseph is also experiencing rapid growth and the additional growth should pay for ,the
future sewer capacity. The cost of the additional sewer capacity is $ 840,000 with the City contributing $
200,000 of the cost from the Sewer Fund. I I
Loso made a motion authorizing the Mayor and Administrator ¡Clerk to execute the agreement
with the City of St. Cloud to purchase an additional 1.5 million gallons of capacity at a rate of $
840,000. The expenditure will be offset with a bond issue and sewer contribution. The motion
was seconded by Rassier and passed unanimously. I
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Sewer Capacity Bond Issue: Eastvold recommended the Council authorize a public bond sale for the:
financing of the sewer capacity. The rates are at a low point and the City should receive competitive I
rates. Ehlert made a motion to conduct a public bond sale on September 20, 2001 for the
financing of the additional sewer capacity from St. Cloud. The bond issue will be in the amount of
$ 640,000 with a $ 200,000 sewer fund contribution. The motion was seconded by Loso and I
passed unanimously.
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Eastvold stated that the Council will also need to pass the disclosure resolution authorizing Juran and
Moody to participate in the public bond sale. Loso made a motion approving the disclosure I
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resolution authorizing Juran and Moody to participate in the public bond sale. The motion was
seconded by Rassier and passed unanimously.
County Road 121 FinancinQ: The Council questioned Eastvold as to when it would be advisable to bond
for the improvements to County Road 121. Eastvold responded that while the City can bond on an
engineer's estimate he would not recommend doing such. The bond rates will be low for months to come
and the City should consider bonding when final numbers area available for th,e cost of County Road 121.
Jean Dehler. SDecial Use Request: Jean Dehler appeared before the Council to request a Special Use
Permit to rent the upper level of the Linneman Business Center. Dehler stated that she appeared before
the Planning Commission and they recommended approval with the contingency of approvals of the Fire
Chief and Building Official. Dehler stated that she does not believe the building needs to be sprinkled if
the upper level is rented. Fire Chief Dave Theisen recommended this matter be referred to the Fire
Marshall as when the building was remodeled the City was denied access to the property and the Fire
Marshall completed all the necessary inspections. Using the Fire Marshall will add consistency with
enforcement of the code.
Steve Dehler stated they are not requesting to be exempt from the fire codes, but he disagrees with the
use of the Fire Marshall. He further stated it is his opinion that the building dOles not need to be sprinkled
for fire safety. Dehler stated that when the building was remodeled previously the fire escape and fire
lane were added for fire safety.
Ehlert questioned the amount of parking provided and if the issuance of a rental license will require the
parking lot to be paved. Dehler responded that there is sufficient parking for one tenant and the parking
lot only needs to be paved if a building permit is secured for remodeling.
Loso made a motion to adopt the findings of the Planning Commission, conditionally approving
the Special Use Permit request of Jean Dehler to rent a portion of the Linneman Inn. The motion
was seconded by Rassier and passed unanimously.
Resolution of finding
Jean Dehler, Special Use Permit to allow a rental unit in a Business Zoning Disrict
The request of Jean Dehler for a special use permit came before the Planning Commission at a public
hearing held on August 6, 2001. The purpose of the hearing was to consider a Special Use Pemnit to
allow a rental unit in a General Business District.
The property is legally described as follows: Lot 007 Block 009 Townsite of St. Joseph; Lot 8 Less E 2'
and the E'ly 6' of Lot 007 Block 009 Townsite of St. Joseph. The request for Special Use has been
submitted by Jean Dehler, 31 West Minnesota Street, St. Joseph MN 56374.
Notice of this matter was duly served and published.
In consideration of the infomnation 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 a Special use Pemnit as stated in St.
JoseDh Code of Ordinances 52.8 subd 4 la-k).
Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approve the Special Use Request with the following contingencies:
1. The Rental License shall be contingent upon the property being inspected by the Fire Marshall
(Fire Chief), Building Official and Rental Housing Inspection.
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August 16, boo 1
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2. All Fire and Safety Codes found to be deficient will be corrected before a rental license is issued
and the property occupied. I
3. The property owner will immediately designate and mark the required fire lane as agreed to in¡
1994. I
Special Use and Variance Reauest. AI Stellmach: AI Stellmach appeared before the Council to request a
Special Use Permit and variance to construct a storage unit in an area zoned Highway Business. I
Weyrens reported that the property in question was rezoned from Industrial to Highway Business. In the
Industrial Zoning District storage units were a permitted use were not required to meet exterior guidelines.
Stellmach stated that he is proposing to add 48 units of varied storage units. The units will be I
constructed with the same material as those currently located on the property. Stellmach stated that tie is
requesting a 100% variance from the Ordinance as the building will be set in the back when the final I
building is constructed. Stellmach agreed to construct the final building meeting the exterior requirements
of the Ordinance. I
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Loso questioned when the last building will be constructed. Stellmach responded that it will be
constructed when the need arises. Ehlert stated that he would like a commitment on the part of I
Stellmach as to when the building will be built and an assurance that the exterior requirements will be I
met. Stellmach stated that if the zoning had not changed since his original plan was approved by the City
he would not need to apply for a special use and variance. I
Hosch made a motion to adopt the findings of the Planning Commission granting a Special Use
Permit and Variance to AI Stellmach for the construction of a storage unit in a Highway Business
Zoning District. The motion was seconded by Loso. II
Ayes: Schneider, Loso, ·Hosch.
Nays: Ehlert, Rassier Motion Carried 3:2:0 !
Resolution of Finding
AI Stellmach - Special Use and Variance to Construct a Mini Storage Facility
The request of Allan Stellmach for a special use permit and variance came before the Planning
Commission at a public hearing held on August 6, 2001. The purpose of the hearing was to consider ¡:¡
Special Use Permit to allow the construction of two additional mini storage units and a variance granting
relief from exterior finish requirements of Ordinance 52.22 Subd. 7 (c).
The property is legally described as follows: Lot 003 Block 001 Neu Addition.
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: I·
The proposed use is consistent with the standards for a Special use Permit as stated in St.
JoseDh Code of Ordinances 52.8 subd 4 (a-k).
St. JoseDh Code of Ordinances 52.7 Subd. 2(a): That there are exceptional or extraordinary
circumstances or conditions applying to the property in question as to the intended use of the property
that do not apply generally to other properties in the same zoning district. The exceptional or I'
extraordinary circumstances must not be the result of actions taken by the petitioner.
Finding: The City initiated a change in zoning which resulted in additional requirements. The development 'of the
property has taken over seven years. When the development was initiated the City approved the development
plan and denying the request at this time could create a hardship for the property owner. I
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Therefore, based on the above findings, the Planning Commission makes the following recommendation:
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August 16, 2001
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Approve the Special Use Permit allowing the construction of two additional mini storage units and
grant a variance providing relief from the exterior requirements.
Approval is recommended with the following contingency:
The property owner will comply with the exterior requirements for the last building as it will be
adjacent to the road.
Indian Hills Develooers Aareement and Final Plat: Weyrens presented the Council with the final draft of
the Developers Agreement between the City of St. Joseph and DM Building. The Agreement has been
modified to include the east I west road corridor. The City will have 12 months to exercise the option to
construct an east/west road between Lots 1 and 2 Indian Hills Plat and an additional 12 months to begin
construction or enter into an agreement for the construction of such. Bettendorf requested additional time
to review the proposed Developer's Agreement. The Council agreed to table t.he Developers Agreement
and Final Plat of Indian Hill Park Plat until the City Engineer has an opportunity to review and comment.
Rezonina Recommendations: Rassier stated that the Planning Commission neviewed all the areas for
which the Planning Commission and City Council conducted a public hearing to consider rezoning. The
Planning Commission addressed each area separately and Rassier recommended the Council make the
same consideration. Hosch concurred and the Council began with discussion of area #1.
Area #1 _ The property located at the NW intersection of County Road 133 and Highway 75. Proposed
change: Industrial to Highway Business.
Ehlert made a motion to accept the recommendations of the Planning Commission to rezone the
property located in the northwest intersection of County Road 133 and County Road 75 to
Highway Business. The motion was seconded by Loso and passed unanimously.
Area #2 _ The properly located at 514 East Minnesota street. Proposed change: R1 Single Family to R2
Multiple Family.
Ehlert made a motion to leave the property at 514 East Minnesota Street as R1, Single Family. The
motion was seconded by Schneider.
Ayes: Hosch, Loso, Ehlert, Schneider
Nays: Rassier Motion Carried 4:1 :0
Area #3 _ Kennedy School. Proposed change: Public to Educaüonal and Ecclesiastical (E & E)
Loso made a motion to accept the recommendations of the Planning Commission and leave the
Kennedy School property zoned Public; seconded by Ehlert and passed unanimously.
Area #4 _ The properly located adjacent to Highway 75 between College North and Third Avenue NE.
Proposed change: R1 to Highway Business.
Hosch requested that this area be referred back to the Planning Commission as a conflict of interest may
have occurred. Loso made a motion to request the Planning Commission reconsider area #4 and
submit a revised recommendation for the City Council to review. The motion was seconded by
Ehlert and passed unanimously.
Area #5 _ Resurrection Lutheran Church. Proposed change: Agricultural and E & E.
Loso made a motion to zone the property owned by Resurrection Lutheran Church E & E; the
motion was seconded by Ehlert and passed unanimously.
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Area #6 - The area located between College Avenue South and 4' Avenue NW. Proposed change:
College Avenue South to Chapel Lane - R1 to E & E; Chapel Lane to 4th Avenue SW- R1 to R2.
Loso made a motion to leave area #6 as R1, Single Family; seconded by Ehlert and passed
unanimousiy.
I Area #7 - Property north of Old Highway 52. Proposed Change: R2 to R3
Hosch made a motion to leave the property in area #7 as it is presently zoned, R2; the motion was
seconded by Loso.
Ayes: Hosch, Loso, Ehlert, Schneider
Nays: Rassier Motion Carried 4:1:0
Area #8 - Property located between Clinton Village and the Millstream Monestary house. Proposed
Change: R1 to R3. '
Ehlert made a motion to leave the above described property R1, Single Family; seconded by
Schendier and passed unanimously.
MAYOR REPORTS
Healthv Community Parnershio: Hosch reported that the Healthy Community Partnership is working
establishing neighborhood meetings. .
COUNCIL REPORTS
SCHNEIDER- No Report
EHLERT
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Rental license at 11 6th Avenue NW: Ehlert requested that the City Offices research the rentallicer¡se
for 11 - 6th Avenue NW and require the property owner to landscape the property and close the access to
County Road 2.
RASSIER - No Report
LOSO - No Report
ADMINISTRATOR I CLERK REPORTS
Police Chief Recruitment: Weyrens questioned the Council as to what procedure they would like to use
for the replacement of the Police Chief. The Council was in general agreement that the City would I
conduct the search with the City Council interviewing the candidates. Loso made a motion to advertise
the open position of Police Chief in the League of Minnesota Cities Bulletin and on the Minne$ota
State Pool line. The motion was seconded by Rassier and passed unanimously. I
Adiourn: Loso made a motion to adjourn at 10:25 PM; seconded by Schneider and passed
unanimously.
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