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HomeMy WebLinkAbout2002 [09] Sep 19 I I I September 19,12002 , Page 1 of 8 I Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular sessior. on Thursday, September 19, 2002 at 7:00 PM in the SI. Joseph City Hall. i ¡ I Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier. Administrator / Clerk Judy Weyrens. City Representatives Present: City Engineer Joe Bettendorf and Public Works Director Dick Taufen. Others Present: Dan Schmitz, Joe Houseman, Chuck Black, Holly Tisoner, Molly Vogel, Merdith Lee,l Molly Staehnke, Katie Mcintyre, Dean Wick, Ross Rieke, Amanda Macht, Dave Theisen, Jerry Hettwer. : Approve AQenda: Loso made a motion to approve the agenda with the following additions: 10 (e) Sidewalk on College Avenue; 11 - Fire Chief Reports; 12 - Mayor and Council Reports; 13 (a) : Establish Truth in Taxation Hearing date; and deletion of 5 - Delinquent Utility Bill Hearing. The motion was seconded by Ehlert and passed unanimously. Consent Aoenda: Loso made a motion to approve the consent agenda as follows: a. b. c. Bil/s Payable - Approve check numbers 31750 - 31819 Minutes - Approve September minutes Liquor License Transfer - Issue an On Sale Intoxicating and On Sale Sunday Liquor , License to Mueller Entertainment Inc. d.b.a. Del Win Banquet Center and waive the fee as this property has been annexed and the County will not reimburse the liquor license fee paid by the owner. . I Street Sign Purchase - Authorize the purchase of 26 signs and 50 post for the 2 houri parking limit on Minnesota Street between Z'd Avenue NWand 1st Avenue NE at a cost of $ 1,465.90 I Service Agreement, Stearns County - Authorize the Mayor and City Administrator to , execute the Service Agreement for the Automated Public Service System and authorizing the paymentof$10,OOO for the years 2002 and 2003. The payment is paid in full through the COPS MORE Grant. Minnesota Investment Fund - Adopt the resolution authorizing participation in the Minnesota Investment Fund for the Vic West Steel Project. d. e. f. The motion was seconded by Ehlert. Ayes: Hosch, Ehlert, Schneider, Rassier Nays: None. Abstain: Schneider Motion Carried 4:0:1 Noise Violation - Dan Schmitz. 109 6th Avenue SE: Dan Schmitz, property owner of 109 - 6th Avenue SE appeared before the Council regarding an alleged noise violation that occurred on August 27, 2002. i Schmitz stated that he is not disputing the noise violation and is not requesting an evidentiary hearing. i Loso made a motion to acknowledge that a noise violation did occur on August 27, 2002 at 109- 6th Avenue SE. The motion was seconded by Rassier and passed unanimously. i i i Loso questioned why an evidentiary hearing had been scheduled and cancelled. Schmitz stated that the tenants involved in the noise violation questioned some of the statements on the police report. Since that time the tenants have had the opportunity to meet with the Police Chief and as a result withdrew their request for an evidentiary hearing. Tenants Joe Houseman and Chuck Black approached the Council confirming the statement of Schmitz and stated the financial cost of an evidentiary hearing was also a deciding factor in withdrawing the request for a hearing. ¡ I Hosch questioned Schmitz as to what he does as a landlord to prevent Ordinance violations. Schmitz I responded that he monitors his property on a routine basis every weekend. Further his lease includes I penalty provisions and eviction results from a second violation. Schneider clarified that the property in: question does not have a history of noise violations. ! 1 Hosch expressed concern with the amount of time that had lapsed before the tenants responded to thEi Police. According to the police report it took 25 minutes for the tenants to open the door for the Police Officers. Hosch stated that when the Council reviews noise violations the severity of each violation is considered as well as the cooperation with the Police Department. September 19, 2002 Page 2 of8 Hosch made a motion to assess the property of 109 - 6th Avenue SE the administrative fee of $ 150.00 for the noise violation that occurred on August 27, 2002. In addition the property owner will be assessed an additional $ 500.00 fee that will be stayed provided that no same or similar violations occur on or before May 31, 2003. The motion was seconded by Ehlert and passed unanimously. Maintenance Facilitv Bid Results: Dean Wick of Outsource Management appeared before the Councíl to present the bid tabulation for the 2002 Maintenance Facility. Wick stated that bids were opened on September 16, 2002 at 4:00 at which time four bids were received. The bids are as follows: Shingobee Builders MC Buílders Gopher Contractors Ebert Construction $ 381,750 $ 407,500 $ 421,654 $ 456,600 Wick recommended the Council accept the low bid of Shingobee Builders, adding the demolition cost of $ 12,400 and adding a five percent contingency for a total cost of approximately $ 414,000. Wick stated the original estimate for the building was $ 293,000. However, over the past month the building committee revised the project to include new fixtures and wiring. It was the feeling of the Committee that retrofitting existing fixtures and plumbing would not be prudent. Hosch expressed concern with moving forward due the increased costs and requested the Council consider waiting until Spring to construct the facility. Ehlert stated the Building Committee has spent a considerable amount of time on this facility and before rejecting the bids would like the opportunity to review the proposal to see if changes can be made to reduce the cost. I Rassier stated that he was unaware the buílding had changed and before he ,can vote on this matter he would like to see the revised plan including how the project will be financed. Weyrens reported that she has discussed financing with the First State Bank of SI. Joseph and they would be willing to finance the facility using the lease back purchase method. The financing would be simíl81r to equipment certificates I and would extend for five years at an average rate between 3.5% and 3.6%. Loso made a motion to table action on this matter until September 23, 2:002. The motion was seconded by Rassier and passed unanimously. Lakeville Motor Express ILME Truckino): Jerry Hettwer, representing LME Trucking, approached the Council for approval to develop a portion of Lot 1 Block 2 Buettner Business Park. Hettwer stated that LME is a trucking transit terminal that is requesting to construct an 8600 square foot buílding consisting of 24 truck bays and an office area. Hettwer requested the Councíl authorize the splitting of the north 6.34 acres of Lot 1 Block 2 Buettner Business Park. Weyrens clarified that the EDA and Planning Commission have reviewed this request and have recommended the Council approve the requested lot split. Rassier made a motion to adopt resolution 2002-_ granting approval of the re-subdivision of Lot 1 Block 2 Buettner Business Park. Resolution 2002-_ Granting Approval of the Re-Subdivision of Lot 1 Block 2 Buettner Business Park WHEREAS, Hettwer Reality has submitted a request to re-subdivide Lot 1, Block 2 Buettner Business Park, and WHEREAS, the re-subdivision would result in two lots measuring 6.343 acres and 3.00 acres in size; and WHEREAS, Section 54.3, Subdivision Ordinance provides for exceptions from the formal piatting process for the re-subdivision of lots provided full compliance with the platting procedure is not needed to meet the purposes of the ordinance; and WHEREAS, the Planning Commission and City Council have reviewed the proposed subdivision and has found the lot split to comply with minimum design and improvement standards; and WHEREAS, a registered land surveyor's certification for the proposed subd~lision is required. I I I I - -'C"-'~_'-'~'~-'~'-'''::_''''':'._'_<",~".~'1''''~'''' . '''''''''" i September 19,~2002 Page ;3 of 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH THAT: The re-subdivision of Lot 1, Block 2 is in compliance with the Subdivision Ordinance and exempt the i applicant from the formal platting procedures, contingent upon the following conditions: I. 1. That a certificate of survey be completed and the approved monuments/markers be i installed at the new lot corners resulting from the re-subdivision of Lot 1, Block 2 by a' registered land surveyor. i The motion was seconded by Ehlert and passed unanimously. Hettwer present the Council with the proposed site plan for the new trucking facility. The proposed site plan includes constructing a berm and planting a tree line along County Road 133 and 15'" Avenue SE. In addition the fencing on the north and west side will be slatted. The EDA and Planning Commission' have reviewed the plan and recommended approval with the following contingencies: 1) completed i certificate of survey; 2) submittal of topography drawings with storm water and approval of the City ¡ Engineer; 3) Architectural metal must have a 20-year manufacturer color fast warranty; 4) Screening of the refuse container; 5) Installation of B-618 curb at the curb cut locations; 6) lighting plan. Hettwer questioned if the refuse container needs to be screened separately from the screening that is provided around the perimeter. The Council agreed to not require separate screening for the refuse container provided that the perimeter screening hides the refuse container. Bettendorf stated he has reviewed the revised site plan and has two concerns. First, in reviewing the I plan it appears as the landscaping on the north and west is located in the easement area. The City has an Ordinance prohibiting such. Hettwer agreed to review this matter and have the plan revised if I necessary. Secondly, the drainage appears to have changed. The majority of surface water must drain to the retention pond. Hettwer agreed to have Duffy Engineer review this matter. i i Rassier made a motion to adopt Resolution 2002-_. conditional approval of the site plan for LME Trucking to develop 6.343 Acres of Lot 1 Block 2 Buettner Business Park. The motion was seconded by Ehlert and passed unanimously. Resolution 2002-_ Conditionally approving the Site Plan for LME Trucking to develop 6.343 Acres Lot 1 Block 2, Buettner Business Park WHEREAS, Hettwer Reality has submitted a request for site plan approval for a 8,600 square foot trucking facility on the north 6.343 acres of Lot 1, Block 2, Buettner Business Park, and WHEREAS, the applicant has submitted the required site and building plan for review; and WHEREAS, Section 52.14 of the Zoning Ordinance outlines general requirements; and WHEREAS, Section 52.23 of the Zoning Ordinance outlines zoning regulations relating to the light industrial district; and WHEREAS, the Planning Commission and SI. Joseph EDA have reviewed the proposed site and building plans. ¡ I NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The SI. Joseph City Council does hereby approve the site plan for LME Trucking to develop the north 6.343 acres of Lot 1, Block 2 Buettner Business Park, contingent upon the foliowing: i 1. Submittal of topography drawings with storm water plan review and approval by the City Engineer. I Evidence that the architectural metal has a 20-year manufacturer color-fast warranty. I Installation of B-618 curb at the curb cut locations; and ! The arrangement of lighting to deflect away from County Road 133 and 15th Avenue NE. . I US Army Reserve. Special Use and Variance Reouest: Katie MCintyre of RSP Architects appeared , before the Council representing the US Army. The US Army is requesting a special use permit to allow the construction of a maintenance facility in a B2 General Business District and the following variances: 1) Landscaping; 2) Fence Screening; 3) Parking Lot Standards. i 2. 3. 4. ,-',:""." September 19, 2002 Page 4 of 8 Rassier reported the Planning Commission has reviewed the request of the US Army and recommended the Council approve the Special Use Permit. The building meets and exceeds the exterior requirements of the 82 Business Zoning District and will be a nice addition to the City. Rassier clarified that had this property not been annexed to the City, it would not have had to meet the exterior requirements and aesthetic requirements such as landscaping and parking lot pavement. Rassier made a motion to adopt Resolution 2002-_, issuing a special use permit to the US Army for the construction of a maintenance facility in a B2 General Business Zoning District. Resolution 2002-_ Issuing a Special Use Permit to the US Army for the Construction of a Maintenance Facility WHEREAS, RSP Architects, acting on behalf of the US Army, submitted a request for a Special Use Permit to ailow a maintenance facility in a B2 Highway Business District, adjacent to 88th Avenue, and WHEREAS, the applicant has submitted the required site plan and building plans for review; and WHEREAS, Section 52.9 of the Zoning Ordinance ouŒnes the requirements for the issuance of a Special Use Permit; and WHEREAS, the public hearing was duly noticed and published with notices mailed to all affected property owners within 350 feet of the proposed project; and WHEREAS, the Planning Commission has reviewed the proposed site and building plan as it relates to the SI. Joseph Code of Ordinances and SI. Joseph Comprehensive Plan; and WHEREAS, on September 16, 2002 the Planning Commission recommended the City Council approve the Special Use Permit as presented unconditionaily. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF ST. JOSEPH, MINNESOTA THAT: The City Council does hereby issue a Special Use Permit to the US Army for the construction of a maintenance facility in a B2 Highway Business Zoning District. The motion was seconded by Loso and passed unanimously. Fence Variance: The US Army is requesting a variance from the provision requiring screening on ail fencing. The request is based on the anti-terrorism policy that requires visibility of all military equipment. Rassier stated the Planning Commission recommended approval of the variance based on the anti terrorism policy. In addition, the Planning Commission required the US Army to move the building back from 88'" Avenue to allow landscaping, meeting the anti terrorism policy. Ehlert made a motion to grant a variance to the US Army, allowil1g unscreened fencing around the perimeter of the US Army Maintenance Facility. The motion was seconded by Loso and passed unanimously. Parkina Lot Standards Variance: The Army is requesting relief from the Ordinance provision that requires ail parking lots to be paved. Rassier stated that Planning Commission did review the parking lot and requested that the area from 88th Avenue to the back of the concrete apron by the office be paved, with the understanding that the remaining parking lot area would be paved before the Reserve Center is constructed. Weyrens presented the Council with an opinion of the City Attorney whereby the Variance could be approved conditionally, requiring the parking lot to be paved within a specified period of time. If the area has not been paved within that time frame, the City could pave the area and assess the cost back to the property owner. Ehlert stated that he would be willing to relieve some of the parking lot requirements if the property owner would agree to plant trees along the north fence line. Ehlert stated the purpose of the 82 Zoning Ordinance is to provide aesthetics along County Road 75. In his opinion the maintenance facility as presented, without any screening would be in contradiction to the Ordinance. Ehlert stated he would prefer to move the proposed tree line along 88th Avenue to the north property line as the front of the building has an attractive front and does not need screening. Mcintyre stated that the US Army does not have the available funds to pave the entire parking lot or a portion thereof. The area required by the Planning Commission to be paved exceeds $ I I I I I I 1 September 19, 2002 Page 5. of 8 70,~00. Mcin~re f~rther stated that the equipment that ~iII be ~tored at the facility is large I eqUIpment that IS difficult to move. Therefore, slow moving vehicles will not create a dust issue. i Ehlert made a motion to grant a variance to the US Army requiring only the west 82' x 365' feet of the parking lot to be paved. The area must be paved on or before November 1, I 2005. If the area is not paved the City will pave the area and assess the cost back to the property owner. The motion was seconded by Loso and passed unanimously. I I Landscapino: Ehlert stated that his prior motion relieving some of the paving requirements I' correlates to the need to add landscaping to the north side of the property. Therefore, Ehlert made a motion to grant a variance to the US Army requiring only the north and west side of the maintenance facility project to be landscaped. The landscaping on the north property line must be similar to the west side landscaping that is illustrated on the submitted plðns. The motion was seconded by Loso. I Ayes: Hosch, Ehlert, Loso, Schneider. Nays: Rassier Motion Carried 4:1:0 , I i US Armv Site Plan Review: Ehlert made a motion to approve the site plan for the US Army with the following contingency: 1. 2. i Before a building permit is issued, the US Army must present a revised site plali illustrating the landscaping on the north side of the property. The Building Permit will include a provision that requires the parking lot area discussed above to be paved on or before November 1, 2005. The motion was seconded by Loso and passed unanimously. City Engineer Reports Storm Sewer. Birch Street West: City Engineer Joe Bettendorf requested the Council consider adding storm sewer to the north/south alley located between College Avenue North and 1st Avenue NW. This ¡ alley has a history of standing water and drainage issues. The project can be completed with the 200Z Street Project and is anticipated to cost $ 13,713. Bettendorf presented the Council with a summary of the contingency funds for the 2002 Street Project illustrating the project will be covered with existing funds. The project consists of adding four catch basins, two in the alley on one on each side of Birch Street. In reviewing the summary of the 2002 Street Improvement contingency, the Council questioned the additional costs for traffic control. Bettendorf stated that additional signage is required when 2nd Avenue NW is closed. Truck traffic will have to be routed to College Avenue and marked appropriately. I Bettendorf stated that he can review the signage to see if the fees can be reduced. The Council agreed that safety is the most important factor in placing the signs and was not opposed to the additional fees.i , I Rassier made a motion to add catch basins to the north / south alley south of Birch Street West as recommended by the City Engineer at a cost of $ 13,713. Funding for the project will be deducted form the contingency funds for the 2002 Street Improvement project. The motion was seconded by Ehlert and passed unanimously. i Assisted Livino Drainaoe Issue: Bettendorf reported that when the Assisted Living facility was built thei drainage from the building caused damage to the holding pond. At the time of construction the properily owners were contacted and required to install a catch basin and culvert. While the property owner did I comply with the request of the City, the pond still needs to be repaired. The Council agreed that since' the damage was a result of the Assisted Living Facility they will be responsible for repairing the holding pond. Bettendorf will contact the properily owner to discuss this matter and come to resolution. I i Schneider Baseball Field - Memorial Parkino Lot: Ehlert stated that the parking lot near the Memorial Park Concession stand is in dire need of replacement and questioned if the City could pave the area I using the contingency funds of the 2002 Street Improvement. Lpso stated that it is his understanding i that the area being discussed must be reconstructed, not overlaÿed.·. Bettendorf stated that he could , review the parking lot and it may be able to be milled and overlayed. ,."0';/~''''''''';''~''''~:~'*'~;:'t''''''''''''' ,,,;;c, September 19, 2002 Page 6 of 8 Schneider stated the parking lot at Millstream Park near the concession stand is also in need of overlayment and questioned if this too should be considered. Ehlert stated that he questioned the parking lot at Memorial Park as the 2002 Street Project is adjacent to this arB<3 and felt it would be most economical to improve the area when they are close. Loso stated that Monument Park also needs paving and with the installation of sidewalk this year, the project could be finished if it were paved. East Baker Lift Station: Bettendorf requested the Council extend the completion date for the East Baker Street Lift Station. Bettendorf stated that the panels for the lift station are fabricated and have been taking a long time to receive. The contractor cannot proceed until all the parts are ready. The original completion date was the middle of September. In additional to delaying the ,completion date, Bettendorf is recommending that the City delay the pouring of the concrete pads until spring of 2003. Waiting until spring will assure the ground is stable and the compaction was complete. Bettendorf stated that once the project starts the City may receive complaints due to the noise of the generator as they will be running all night. Loso questioned if the pumps have to be set out in the streets or could they be put out in a field. Bettendorf stated that they will be located on the street with a hose that runs the water to Baker Street and then down to the holding pond in Klinefelter Park. Loso made a motion to extend the completion date of the East Baker Li1't Station until mid October as requested by the City Engineer. The motion was seconded by Ehlert and passed unanimously. County Road 121 Prooress Report: Bettendorf stated the County has notified the contractor, Bauerly Brothers that they are in default and need to correct the progress of their undlerground subcontractor and have 10 days to respond. Bettendorf feels this project will not get done on time and that it will take two very good crews to finish this project. Sidewalk on Colleoe Avenue: Bettendorf stated he is aware of the concerns regarding the slope of the sidewalk on the northwest corner of Minnesota Street and College Avenue. He along with the the Field Representative have measured the slope and will be working with Steams County to correct the problem. The greatest slope is located near the driveway for Gary's Pizza. Field Street/Callawav Street: Bettendorf reported that he met with representatives of School District 742 regarding the potential street design of Callaway Street east from County Road 121. Bettendorf presented the Council will an illustration that relocates Callaway Street to the northern boundary of the property owned by the College of SI. Benedict, adjacent to the properly owned by District 742 (Kennedy School). This proposal has not been submitted to the College of SI. Benedicl as we are awaiting a response from the School District. 'Bettendorf stated he would report back to the Council after the School District responds. Department Head Reports - Fire Chief Fire Truck Accident: Theisen reported that while working on the old ladder truck at the Fire Hall, the ladder was not lowered before the vehicle was backed into the fire hall. Therefore, the ladder hit the fire hall causing minor damage to the building and truck. Damage to the building is estimated at $ 500 with the truck damage estimated at $ 2,000. The accident has been reported to the insurance company and they will be reimbursing the City for damages. Theisen stated that before this tnuck can be sold the City will need to have the truck certified. This fee is part of the $ 2,000 in tnuck damages. The City advertised the truck for sale with a closing date of August 30, 2002. No bids were received, therefore the Fire Board agreed to list the truck with a consignment agency. BurninQ Ordinance: Theisen expressed frustration that the Council amended the Burning Ordinance without first consulting the Fire Department. Ehlert stated that the Council was not trying to circumvent the Fire Department. The Council was reviewing nuisance Ordinances at a recent meeting and the Police Chief brought this matter before the Council. Ehlert stated that he has received calls on this matter as people receive different answer when asking if they can have a bonfire in the City. Hosch stated that Council was trying to clarify the Ordinance not change the Ordinance. Theisl~n requested that in the future the Fire Department be contacted before changing Ordinances that affect his Department. Fire Hall _ StoraQe Space: Theisen questioned the City Council on a recent request that the Fire Hall be used for temporary storage of maintenance equipment. Theisen stated that the Fire Hall is jointly owned by the Township and they must be consulted on decisions regarding the use of the building. Theisen I I I I I I 1 September 19, 2002 Page 7 of 8 , stated that he did discuss the matter with Township Supervisor Joe Bechtold who stated that the : Township has equipment that they would like stored, do they have the same privileges? I i , Loso stated that the Council requested the Public Works Director to meet with the Fire Chief and Police Chief to see if any open space existed for temporary storage. Loso stated that it was his understanding that the Safe House stored in the Fire Hall was only a one year commitment and questioned if that space couldn't be utilized. Theisen stated that the commitment for storage of the Safe House was not for only one year and even if that space were available it is a relatively small area. I ¡ Theisen stated that the City and Township have invested a lot of money into the floors in the Fire Hall and he would want to make sure what type of equipment would be stored in the Fire Hall so that the floors are not damaged. Rassier stated that the Council was not directing that equipment be stored in the Fire Hall, rather, the Department Heads were to meet and see if any space was available. Hosch stated that it is his understanding that the Fire Hall is a Community Fire Hall and felt that if it would be agreeable to I everyone, the City could use a portion for short term storage. The need has arisen as the City has been informed that all the equipment needs to be removed from the Stueve's Garage Building. Ehlert stated that he had contacted Jerry Heim regarding the short term storage of equipment in his sheds. Heim is agreeable to such and Taufen should meet with Heim to review the space. Loso stated that he also has contacted a party regarding short term storage and has additional space if needed. ¡ , Ehlert stated that he would be willing to meet with Theisen and Taufen to discuss this matter further. ¡ Theisen stated that the Council needs to be aware that a minimum distance must be maintained around each vehicle as per OSHA standards and questioned if the minimum distance could be met with the additional equipment in the facility. Mayor Reports: Hosch reported that he will be attending the funeral of Sartell Council person Pauline Carlson who died in a car accident. Council Reports SCHNEIDER Water Splash Park: Schneider reported that he has received a video from a company who designs and installs water splash parks. This video will be aired on the public access so that residents can learn rnore about the park before voting on the sales tax questions. EHLERT Temporarv Storaoe: Ehlert reported that Jerry Heim has agreed to provide temporary storage for City equipment at a cost of $ 425 per month. Ehlert stated that the City will have approximately 3200 squa e feet of storage. LOSO - No Report RASSIER Comprehensive Plan/Ordinance Update: Rassier reported that the Planning Commission is in the process of reviewing the Zoning Ordinances and are continuing to work with Municipal Development Group in the updating of the Comprehensive Plan. Administrator Reports Truth in Taxation HearinQ: Weyrens requested the Council establish a date for the Truth in Taxation hearing that is required in December. The Council established December 4, 2002 at 7:00 PM as the i Truth in Taxation Hearing. If the hearing needs to be extended on December 4 , it will be re-convened on December 19, 2002. :;-,:,{:> ;";'.:-- " ,',;;,- / '~ 2002 Business Park Assessment HearinQ: Weyrens reported th'at the City Engineer is requesting thel Council postpone the 2002 Business Park assessment hearing from October 3: 2002 to October 17, 1 I September 19, 2002 Page 8 of8 2002. Rassier made a motion to re-schedule the 2002 Business Park Assessment Hearing to October 17, 2002 at 7:00 PM. The motion was seconded by Schneider and passed unanimously. Adiourn: Loso made a motion to adjourn at 9:15 PM; seconded by Ehlert and passed unanimously. dY~ eyrens istrator / Clerk I I I