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HomeMy WebLinkAbout2002 [11] Nov 07 I I November 7, '2002 , Page 1 pf 12 I I ¡ Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, November 7, 2002 at 7:00 PM in the SI. Joseph City Hall. . ¡ , Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassie~. Administrator Judy Weyrens. Citv Representatives Present: City Attorney John Scherer, City Engineer Amy Schaffer, Police Chief Pete Jansky, EDA Consultant Cynthia Smith-Strack, Public Works Director Dick Taufen. Others Present: Jerry Bechtold, Tom Wicks, Mike Deutz, Gary Hawkins, Neil Franz, Council Elect Dal~ Wick, Council Elect Ross Rieke, Richard Carlblom, Bill Wasner Approve AQenda: Loso made a motion to approve the agenda as presented; seconded by Schneider and passed unanimously. . ¡ Approve Consent AQenda: Loso made a motion to approve the consent agenda as follows: a. b. c. d. I e. f. g. h. i. j. I Bills Payable - Approved check numbers 31953-32037 Minutes - Approved minutes of October Liquor License Transfer: - Accepted the recommendation of the Police Chief and authorize the transfer of the liquor license from the Del Win to the Light House, Nicholas &~~~~ ,I Application for Payment No.3: Authorize the Mayor to execute Pay Application No.3 for the 2002 Street Improvements and authorize payment to R.L. Larson in the amount of:$ 400,315.98. : i Application for Payment No.1: Authorize the Mayor to execute Pay Application No. 1 for the 2002 SE Utility Improvement and authorize payment to Kuechle Underground Inc. I in the amount of $ 12,388.00. ,¡ Application for Payment No.1, Final: Authorize the Mayor to execute Pay Application ¡ No.1, Final for the 2002 Sewer Improvements, Maintenance Facility and authorize payment to R.L. Larson in the amount of $ 10,166.00 i Capital Equipment Purchase Request: Declare the shotguns as surplus property so they may be traded-in. Approval would include the purchase of 3 shotguns at a replacement cost of approximately $ 200.00. : I Minnesota Investment Fund: Authorize the Mayor and Administrator to execute the Minnesota Revolving Loan Fund documents as recommended by the EDA Consultants. Lot Split Request: Authorize the splitting of parcel 31-20790-001, turning over a potion' of 811h Avenue to the City and attaching the remaining piece to Lot 1 Blk 1 K & L Addition; Annexation: Adopt the resolution annexing the Gera/d & Bernice Heim Property and I portion of the Joe Bechtold Farm as requested by Arkon Development. , The motion was seconded by Rassier and passed unanimously. i Discussion: Weyrens requested the Council retain $10,000 from the payment application to R: L. Larson for two pending injury claims. When the claims are resolved the retainage would be released. Loso agreed to the motion amendment as did Rassier. i Public Comments to the AQenda - No one wished to speak i ¡ Business Assistance Policv Public HearinQ: Mayor Hosch opened the public hearing for the Business I Assistance Policy and turned the floor over to EDA Consultant Cynthia Smith-Strack. Smith-Strack stated that the Minnesota Legislature in 2000 amended the business assistance (subsidy) statue with respect to minimum wage floor requirements. Session laws require a special wage floor amount or a formuia which results in a specific dollar amount be established by all municipalities offering businesses assistance. I The purpose of the business assistance policy is to establish the City's standards with regard to business assistance. The City supports the concept of public/private partnership as a means of: encouraging continued economic diversity; maintaining a viable tax base; expanding existing business and industry; attracting quality and compatible business and industry; enhancing and retaining employment November 7,2002 Page 2 of 12 opportunities; and, maximizing the return on municipal investments such as infrastructure, utilities and services. Smith-Strack presénted the Council with the following survey of area Cities regarding the wage floor for business subsidy. I Waite Park: No wage floor or business assistance guideliines Each project is evaluated on a case-by-case basis No wage floor or business assistance guidelines Wage floor $12.25/hour, excluding benefits Wage floor $13.25/hour, including benefits (adopted July, 2002) No response Avon: Cold Spring: Rockville: Sauk Rapids: Sartell: Smith-Strack stated the EDA and City Attorney have reviewed the Business Assistance Policy and have recommended the Council adopt it as presented with the following Wage Floor for SI. Joseph: No less than 100% of the most current median wage for the applicable general occupation classification with the SI. Cloud Metropolitan Statistical Area. Hosch closed the hearing at 7:05 PM. Loso made a motion adopting the Business Subsidy Policy as presented with the following wage floor: No less than 100% of the most current median wage for the applicable general occupation classification with the St. Cloud Metropolitan Statistical Area. The motion was seconded by Schneider and passed unanimously. Smith-Strack reported that in addition to reviewing the Business Subsidy Policy, the EDA also reviewed the TIF Rating and Analysis Form and updated the form to fit SI. Joseph. The EDA is requesting the Council adopt the revised form. Loso made a motion to adopt the revised TIF Rating and Analysis I Form as recommended by the EDA incorporating the new Business Subsidy requirements. The motion was seconded by Rassier and passed unanimously. Board of CanvassinQ _ November 5. 2002 General Election: Weyrens presented the Council with the following results of the City election held in conjunction with the State Genera¡l Election on November 5, 2002: PRECINCT PRECINCT PRECINCT TOTAL ONE TWO THREE Mayor Larry Hosch 231 882 592 1705 Write In 12 42 6 60 Overvote 0 0 0 0 Undervote 45 173 288 506 COUNCILOR Ross Rieke 190 749 498 1437 Write in - Dale Wick 23 150 82 255 Write in - Gary Utsch 40 99 4 143 Write in - Total 103 347 115 565 Sales Tax - Authority Yes 103 466 278 847 No 158 552 308 1018 Overvote 0 2 1 3 Undervote 27 77 299 403 I Sales Tax - Park Improvements Yes 139 560 354 1053 No 97 339 143 579 Overvote 0 0 0 0 Undervote 52 198 389 639 November 7, 2002 Page 3 pf 12 I 1 PRECINCT PRECINCT PRECINCT TOTAL ONE TWO THREE Sales Tax - Water Splash Park Yes 127 493 277 897 No 96 386 203 685 Overvote 0 0 0 0 Undervote 65 218 406 689 Sales Tax - Transportation Plan Yes 56 175 145 376 No 160 622 281 1063 Overvote 0 0 0 0 Undervote 72 300 460 832 I I Loso made a motion to accept the Election results as presented, declaring Larry Hosch the i successful candidate for Mayor, declaring Ross Rieke and Dale Wick as Councilors Elect and I acknowledging defeat of the Sales Tax Referendum. The motion was seconded by Schneider and passed unanimously. ¡ I SI. Cloud Boys & Girls Club. Fundino Reouest: Tom Wicks of the SI. Cloud Boys & Girls Club appeared before the Council to discuss possible funding for the Boys and Girls Club evening program. Wick stated that the evening program is very successful with an average attendance of 65 children. The program is offered on Tuesday, Thursday and Friday evening. The same program offered in St. Joseph is offered in SI. Cloud. Based on a recent survey of participants, the SI. Joseph site has the largest number of . 'I teenagers participating. In response to the participation, the Boys and Girls Club have increased the program cost to $ 21,000 for 2003 to cover staff time and supplies. Wick thanked the City for the past contribution and encouraged the City to help fund the program. Hosch stated that while the Council I supports the program, funding limitations have forced the City to discontinue the annual contribution tq the program. Hosch encouraged Wick to approach the local service clubs for a donation was well as ~I. Joseph Township. i I Sprino Green. Site Plan Approval. Buildino Expansion: Cynthia Smith-Strack presented the Council with the proposed building expansion of Spring Green. Spring Green is requesting approval of a building pian to construct a 1,200 square foot office addition on the east side of their current facility as well as a 1,125 square foot warehouse addition on the north side of the building. The building is located west of County Road 133 and north of Elm Street on Lot 1, Block 5, SI. Joseph Business Park (Buettner Business Park). Smith-Strack stated that the proposed building expansion has been reviewed by the Planning I Commission for compliance with the Zoning Ordinances and the SI. Joseph EDA for compliance with the Protective Covenants of the Park. The Planning Commission has recommended approval with the i following conditions: 1) All yard waste stored outside will be self contained in a concrete bin; 2) The i eastern parking area is to be created with a phase-2 construction and paved as it abuts the building. The approach to Elm Street to be paved a distance of 30 feet. The approach to the remaining parking area would be surfaced with a class-2; 3) No additional building permits will be secured until the entire west parking area created during the original phase-1 construction is paved and meets all of the standards ih the SI. Joseph Parking Ordinance; 4) Submittal of a drainage plan for the new parking lot that is approlted by the City Engineer. 'I Smith-Strack stated during review of the plan by the ED A it was determined to be in compliance with the covenants with the exception of the footings/foundation. This matter is still being reviewed. Smith-Strack clarified that the Council cannot make a decision based on not meeting all the provisions of the ' covenants. The covenants are enforced by the EDA and private property owners. The decision to i approve or deny the site plan must be based on compliance with the Zoning Ordinance. I , i , , Loso question City Attorney John Scherer if the City is creating a legal issue if the plan is approved and not in compliance with the protective covenants. Scherer respohded no. He further stated that it is no! the responsibility of the City to enforce protective covenants. If the development is in violation of the 1 ! ... ~--'~-"._,~, November 7,2002 Page 4 of 12 covenants, then the property owners or EDA must take legal action. Scherer reaffirmed that the City must make their decision on the compliance with the Zoning Ordinances in effect. Gary Hawkins spoke on his own behalf. Hawkins stated that it is his understanding that the covenants have changed since the first building was constructed and he should be allowed to expand the building based on the covenants that were in effect when the building was originaJly built. Hawkins stated the only issue outstanding is the requirement to construct the building with frost footings and believes that with the concessions he has already made, the building should be allowed to be constructed as presented. Hosch stated that the Council does not enforce the covenants and it is his understanding that the original building did not meet the covenants that were in effect at the time of construction. Loso made a motion to approve the site plan as recommended by the Planning with the following contingencies: 1. All yard waste stored outside will be self contained in a c<)ncrete bin. Grass clippings not stored in a contained sealed bin will not be pennitted to be stored outside. 2. The eastern parking area is to be created with a phase-2 construction and paved as it abuts the building. The approach to Elm Street to be paved a distance of 30 feet. The approach to the remaining parking area would be surfaced with a class-2; 3. No additional building penn its will be secured until the entire west parking area created during the original phase-1 construction is paved and meets all of the standards in the St. Joseph Parking Ordinance 4. Submittal of a drainage plan for the new parking lot that is approved by the City Engineer. The motion was seconded by Ehlert and passed unanimously. Colleae Park Apartments. Variance Reauesl. Front vard setback: Neil Franz representing Robert Gamades appeared before the Council to request a twelve foot variance on the front yard setback. Franz stated that the request for variance is a result of the County Road 121 ROW acquisition. Gamades owns two apartment buildings adjacent to County Road 121/College Avenue South and the taking of land for the additional ROW has increased the non conformity to the front yard setback an additional 1 0 feet. Franz stated his client is requesting a variance to protect his rights to conUnue to operate the apartment buildings in the event of fire or catastrophe. Rassier reported that the Planning Commission has reviewed the variance request, conducting the required public hearing and recommending the Council approve the variance request. The approval included the provision that in the event of fire or catastrophe the same foot p~int must be built. Loso questioned Scherer if the City is setting precedence if the variance is granted as other properties in the City could have an identical situation. Scherer responded that the matter before the Council at this time is not a true non conforming issue, rather it is a setback question which is significantly different. Rassier made a motion to adopt resolution 2002-_ approving the front yard setback vañance for Robert Gamades as recommended by the Planning Commission. The motion was seconded by Schneider and passed unanimously. Resolution 2002- APPROVAL OF A FRONT YARD SETBACK FOR ROBERT GAMADES WHEREAS, Neil Franz acting on behalf of Robert Gamades has submitted a request for variance from the Zoning Ordinance regulating front yard setbacks in a R-3 Zoning District, and WHEREAS, the applicant has submitted the required site plan and development applicaUon for review; and I I I I I I November 7,12002 Page 5 of 12 , ¡ WHEREAS, Section 52.19 subd. 7 (a) requires a front yard setback of not less than 35 feet from the lot line, and I WHEREAS, The applicant has indicated that the variance request was a condition of the taking of right of way for College Avenue South, and ¡ WHEREAS, the Planning Commission has reviewed the proposed variances as they relate to the findings for granting a variance as defined in Section 52.8 of the Zoning Ordinance, and i I WHEREAS, the Planning Commission has made the following findings relating to the front yard setbabk request: i 1. Extra ordinary circumstances apply to Robert Gamades as the taking of property for the right of way for College Avenue South reduced the setback for the existing buildings; and I i , , , , , 2. Granting of the variance will not impair adequate supply of light and air to adjacent properties or diminish or impair the public health or safety i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: the City Council of the City of SI. Joseph does hereby approve the following variance for Robert Gamades: 1. Variance from Section 52.19 subd. 7(a) Front Yard setback - granting an eleven foot variance. BE IT FURTHER RESOLVED THAT: Approval of the variance will allow for the replacement of the existing building should the buildings be destroyed by fire or catastrophe. In the event of fire or catastrophe, the same foot print must be constructed. The variance does not allow the property owner to construct a larger facility or tear down the facility to build a new complex. i I 2002 Street Improvement. Final Assessment Roll: City Engineer Amy Schaffer appeared before the 1 Council to discuss the outstanding assessment issues for the 2002 Street Improvement. Weyrens stated the following issues are unresolved: 1) delay of interest; 2) designation of truck route; 3) Classification for cost apportionment; 4) Apron Assessment; 5) Water Main cost - 2nd Avenue NW. Hosch requested the Council consider each item separately. I Delay of Interest: Weyrens stated that at the public hearing residents requested the Council consider II waiving the interest for one year as the street project is not completed. Schaffer stated that it is not I uncommon for the final wear course to not be completed before the assessment is levied. The first layer of bituminous has been completed and the final course along with restoration will be completed in the' Spring of 2004. loso made a motion to apply the interest to the assessment as provided for in Minnesota Statute, applying interest to all unpaid assessment balances from the date of the adoption of the final assessment roll. The motion was seconded by Schneider and passed unanimously.. Z'" Avenue NW Truck Route Designation: Weyrens reported that the residents owning property on 2n~ Avenue NW requested the Council remove the Truck Route designation from 2nd Avenue NW. loso i made a motion to remove the Truck Route designation from 2nd Avenue NW; seconded by Hosch. Discussion: Hosch stated that it is his understanding that when Stearns County realigns COUlity Road 2 west of Clinton Village, the new route will be a designated truck route. Therefore, 2"d Avenue ~W will no longer be needed for truck traffic. Hosch clarified that removing the Truck Route designation will not prohibit trucks from using 2"d Avenue NW. Loso stated it is his understanding that trucks would use either Minnesota street or 2"d Avenue NW. ¡ Ehlert questioned why the Council would consider removing the Truck Route designation from 2"d Avehue NW and encourage trucks to use Minnesota Street. Ehlert stated that using Minnesota Street would I require trucks to travel on 15 blocks of City streets, not to mention travel a street that has high pedestrian traffic. Ehlert stated he opposed the moving the truck route designation to Minnesota Street.. . November 7, 2002 Page 6 of 12 Hosch stated that he understands not wanting to move traffic down Minnesota Street but he has concerns with the intersection at Minnesota Street and 2"d Avenue NW. Hosch stated that trucks have a difficult time negotiating the corner, creating safety concems. Schneider stated he appreciates the concern of wearing 15 blocks of streets and suggested the Council consider paying 100% of the overlay on 2"" Avenue NW. Hosch stated he would be willing to look at the formula for commercial street assessments. Ehlert stated it is his understanding that the residents along 2"d Avenue NW have already received a decrease in cost sharing. Weyrens stated that when the City Council ordered the 2002 Street Improvement Project, cost sharing for i'" Avenue NW was considered. In response to public comment the Council by motion agreed to reduce the cost sharing apportionment to 50/50, paying an additional 1 0% of the overlay cost. The reduced apportionment was directly related to provide relief to the residents for living on a designated truck route. I Rassier concurred with Ehlert and stated if the City is concerned with wear on ~le street, why would the City encourage 15 blocks of wear when 2"" Avenue NW would only include two blocks. Ayes: Loso Nays: Hosch, Ehlert, Rassier, Schneider Motion Failed 1:4:0 Classification for cost sharing apportionment: Weyrens stated that residents at the assessment hearing objected to the method used by the City for determining cost sharing of a commercial street. The Council at the time of ordering the improvement resolved to charge all property where a commercial street is built based on the tax status. If the property is classified homestead, a residential street rate is charge. Conversely, if the property has a classification of non homestead, the property is assessed a commercial street cost. The objection has been raised by property owners operating rental units. Hosch stated that he recalls the previous decision of the Council and it was in reaction to concern from I residents that rental units function as a business and should be assessed accordingly. The City Council unanimously approved the classification of homestead and non homestead. Ehlert questioned Scherer as to the legal ramifications for charging residents different rates. Scherer responded that the law requires the City to consistent with regard to classification. Therefore, the City can assess a different rate between homestead and non homestead. The City would face legal issues if property within the same classification, such as homestead property, were assessed at different rates. Loso made a motion reaffirming the previous decision of the Council assessing property based on the homestead and non homestead classification. All property abuttiing a commercially built street that is classified homestead property on the records maintained by Steams County will be assessed at a residential street rate. All property abutting a commercially built street this is classified as non homestead property on the records maintained by Ste,ams County will be assessed at a commercial street rate. The motion was seconded by Rassier. Ayes: Hosch, Loso, Rassier, Schneider. Nays: Ehlert. Motion Carried 4:1:0 Replacement of concrete aprons on Birch Street: Weyrens stated that the property owner abutting property on Birch Street West, SI. Joe Gas & Bait, has requested a credit for curbing that was only five years old. Schaffer reported that the assessment roll did not separate the cost for aprons and curbing. The property owner was not given credit for the apron that was taken out as he received additional apron on the opposite side of the street that was not assessed separately. Therefore, the property owner of SI. Joe Gas & Bait received a greater benefit from curbing that as not in place before the street improvement than the portion of curb that was removed. Water Main Cost Sharino: Weyrens stated that the property owner of the Won Platz apartments has requested information regarding the cost sharing of the water main. It was his opinion that he was charged for water main beyond the pipe that benefited his property. Schaffer stated that the property owner was assessed $ 19,000 for water main and the actual cost of the pipe that abutted his property I Rassier made a motion to not reduce the assessment of Mike Deutz for curbing on Birch Street West. The motion was seconded by Loso and passed unanimously. I I I November 7,'2002 Page 7,of 12 was over $ 30,000. The Council requested Schaffer notify the property owner of the actual cost of th~ ~~ 1 Loso made a motion to adopt resolution 2002-_ adopting the final assessment roll for the 2002 Interior Street Improvement. The motion was seconded by Ehlert and passed unanimously. Resolution 2002-_ Resolution Adopting Assessment 2002 Interior Street Improvement Project WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment of street, curb, gutter, sidewalk, storm sewer, sanitary sewer and water main for the improvement of First Avenue NW from Minnesota Street IN to CSAH 75; Second Avenue NW from Minnesota Street W to CSAH 75; Birch Street West from Second Avenue NW to College Avenue N; Ash Street W from Second Avenue NW to College Avenue North; Ash Street E from College Avenue N to Third Avenue NE; Second Avenue NE from Ash Street E to ~lIey North; Alley between Second Avenue NW and First Avenue from mid-block to Birch Street W; Ä/ley between Ash Street Wand Birch Street W from mid-biock east to First Avenue NW; Alley between Second Avenue NW and First Avenue NW from mid-block north to Ash Street West; Alley between Minnesota Street Wand Ash Street W from mid-block west to Second Avenue NW; Alley between Minnesota Street Wand Ash Street W from mid-block west to First Avenue NW; Alley between First Avenue NW: and College Avenue N from Ash Street W to Birch Street W; Alley between Ash Street Wand Birch Street West from First Avenue NW to College Avenue N; Alley between College Avenue North and First Avenue NE from Ash Street E to CSAH 75;Alley between Ash Street E and CSAH 75 from College AvenueiN to First Avenue NE; Alley between First Avenue NE and Second Avenue NE from Ash Street E to Alley N; Alley between Ash Street E and CSAH 75 from First Avenue NE to Second Avenue NE; Alley betWeen Ash Street E and CSAH 75 From Second Avenue NE to Third Avenue NE. ¡ I , NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: I 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 improvement in the arnount of the assessment levied against it. ¡ ¡ 2. Such assessment shall be payable in equal annual installments extending over a period of 15 years, the first of the installments to be payable on or before the first Monday in January 2003, and $hall bear interest at the rate of six percent per annum from 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, 2003. To each subsequent installment when due shall be added interest for one year on all unpaid installments. ! 1 3. The owner of any property so assessed may, at any time prior to certification of the assessment 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 assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessm'ent remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the next succeeding year. ! 1 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid bver in the same manner as other municipal taxes. I Pavino Stones - SI. Benedict Entrance: Schaffer reported that whe~ the County Road 121 project was bid, the plans and specifications did not include the replacement of paving stone which would be ·1 disrupted during construction. Stearns County has stated that the paving stone replacement is a City cost and would be responsible for the replacement of such. Schaffer clarified that had the paving stones been i I , ,,-' ". ,,-"- ~ -<_. ._<..~ "",,"",,_w November 7, 2002 Page 8 of 12 included in the plans and specifications, the City would have billed for the expense. Therefore, Schaffer presented the Council with two quotes for the paving stone replacement. They are as follows: Heartland Landscaping $ 1,564.00 Rennie Construction 5,750.00 I Ehlert made a motion to accept the low quote of Heartland Landscaping in the amount of $ 1,564 as recommended by the City Engineer. The motion was seconded by Loso and passed unanimously. Mike Deutz. Special Use and Variance Reauest: Weyrens stated the Planning Commission considered the Special Use and Variance Request of Mike Deutz that would allow a rental unit to be constructed in a General Business District. The variances included a side yard setback requeslt and relief from parking regulations. The following is a summary of the recommendations of the Planning Commission: Parking Spaces Required: Parking lot paving: Approval Denial, hardship was not present Approval contingent upon the parking lot on the adjoining property be tied to the property where the structure will be built. Request withdrawn Approval contingent that when the drainage is resolved or a building permit is requested, whichever comes first, the parking lot will be paved. Special Use Permit: Side yard Variance: Parking lot location: Weyrens stated that as the plans for the project were not submitted until two days before the Planning Commission, the City Engineer did not have a written response for the Planning Commission. At this time Weyrens presented the letter from the City Engineer regarding the proposed development. Rassier stated since the Planning Commission did not have the opportunity to review the comments of the I Engineer he would like the matter sent back to the them for review. Rassier stated that it is his opinion that had the Planning Commission received the letter from the City Engineer a different recommendation would have been forwarded to the City Council. Hosch stated that while he concurs the matter should be sent back to the Planning Commission, he would like feedback from the Council at this time. Mike Deutz approached the Council objecting to the letter submitted by the City Engineer. Deutz stated that he has redrafted his plans based on information provided by the staff at SEH and the majority of concerns expressed in the letter have been addressed. Schaffer stated that the plans before her have not changed or if they have she has not received a revised copy. The Council agreed to review each item of concern in the letter forwarded by Joe Bettendorf dated November 5, 2002. 1. Alley setback: Bettendorf is requesting the City retain the required five foot setback for maintenance and installation of future utilities. Resolution: Deutz has agreed to withdraw his request for a variance on the side yard setback and will place the building five feet from the alley. 2. Drainage: The preferred drainage would be underground to the storm sewer under College Avenue. However Stearns County has denied a request to open the street to construct such. Therefore, the drainage presented on the plan is the next best alternative. Future development of the area WIll require additional storm sewer which will be constructed as development demands. 3. Plantings encroaching the alley: Based on the submitted plans, landscaping will encroach on the north-south alley. It is the recommendation of the City Engineer to remove the plantings. Resolution: Deutz agreed to remove the plantings from the ROW. The island located on the NE comer of the property will be removed. 4. Parking: There is not enough room for parking in front of the building without encroaching on to the existing City sidewalk. The building should be moved six feet to the west. Resolution: Deutz agreed to move the building 6 feet to the west as recommended by the City Engineer. I I I I November 7, :2002 Page 9 bf 12 i Deutz stated that it is his opinion the storm sewer system in the area where he is proposing development is insufficient to handle development. Schaffer stated that an 18-inch pipeline had been installed in th~ alley and it will be able to handle the proposed development. It is College Avenue that they are I concerned about, as it has a smaller pipe. Deutz stated that in order to alleviate the potential drainage probiems the proposed parking lot on the adjoining property should not be paved. Schaffer stated that she has not completed the drainage calculations to determine the amount of surface water that will drain if the parking lot is improved. However, she indicated that the existing system should be capable of I draining the proposed development. i Scherer recommended that if the development is approved, a restriction should be placed on both I properties involved requiring the parking be maintained for the life of the development and restricting the parking on the adjoining lot for the exclusive use of the development being proposed at this time. I Ehlert made a motion to approve resolution 2002-_ approving the Special Use Permit for Mike Deutz allowing a rental unit in a 81 Zoning District. The motion was seconded by Rassier and passed unanimously. RESOLUTION 2002- RECOMMENDING APPROVAL OF A SPECIAL USE PERMIT FOR MIKE DEUTZ ALLOWING A RENTAL UNIT IN A B1 ZONING DISTRICT WHEREAS, Mike Deutz has submitted a request for a special use permit to allow a rental unit ina B1 Business District, and WHEREAS, the applicant has submitted required site plan and building plans for review; and WHEREAS, Section 52.9 of the Zoning Ordinance outlines requirements for the issuance of a special µse permit; and ¡ I 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 1 WHEREAS, the Planning Commission has reviewed the proposed site and building plans as it relates 10 the St. Joseph Code of Ordinances and SI. Joseph Comprehensive Plan. I , , NOW, THEREFORE, BE IT RESOLVED BY THE ST. JOSEPH CITY COUNCIL THAT: The City Council of the City of SI. Joseph hereby approves the special use permit for Mike Deutz allowing the construction of a rental unit in a B1 Zoning District. Approval is contingent upon the following: ; 1. The property owner complies with SI. Joseph Code of Ordinances 52.21 subd. 3 If) at least 50% of the interior square footage (exclusive of the basement or cellar) is used full time fOr a Permitted Use. , . I 2. 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 1 commercial and residential uses in accordance with Section 52.14, Subd. 4. , 3. Completion of the rental license process 4. Approval of the City Engineer. Ehlert made a motion to adopt resolution 2002-_ approving the variances for parking lot location and construction material for Mike Deutz as recommended by the Planning Commission. The motion was seconded by Rassier. Resolution 2002- ! APPROVAL OF PARKING LOT LOCATION AND CONSTRUCTION MATERIAL FOR MIKE DEUTZ WHEREAS, Mike Deutz has submitted a request for variance from the Zoning Ordinance regulating parking lot location and construction material, and November 7, 2002 Page 10 of 12 WHEREAS, the applicant has submitted the required site plan and development application for review; and WHEREAS. Section 52.14 subd. 3(e} states off-street parking facilities for dwelling shall be provided and located on the same lot or parcel of land as the building they are intended to serve, and I WHEREAS, Section 52.14 subd. 5 (a) states parking lots shall be constructed and maintained in a useable condition, with a hard surface consisting of concrete, bituminous, pavement or paver stone designed to drain and dispose of surface water. Recycled bituminous or concrete shall be provided éxcept as permitted in an industrial area by special use permit or variance, and WHEREAS, the Planning Commission has reviewed the proposed variances as they relate to the findings for granting a variance as defined in Section 52.8 of the Zoning Ordinance, and WHEREAS. the Pianning Commission has made the following findings relating to the parking lot location and construction material request: NOW. THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION THAT: the Planning Commission does hereby recommend the City Council of the City of 51. Joseph approve the following variances for Mike Deutz: 1. Variance from Section 52.14 subd. 3(e} Side Yard setback - JlI.pproving the parking lot on an adjoining property. 2. Variance from Section 52.14 subd 5 (a) - Approving temporary class 2 material 1. Execution of a development agreement between the City of Sit. Joseph and Mike Deutz restricting the use of the parking lot for the building to be constructed at 111 College Avenue North. The agreement must be in place for the life olf the development at 111 College Avenue North. 2. The parking lot must be paved within one year from Council adoption of this resolution or the earlier of the following events: a. Development of the lot where the parking lot is located. b. The City Engineer resolves the drainage issues in the area being developed. I BE IT FURTHER RESOLVED, THAT approval is contingent upon the following: Hosch made a motion to accept Planning Commission resolution PC2002-_ denying the side yard variance and required number of parking space variance request. 'The motion was seconded by Loso and passed unanimously. Resolution PC2002- RESOLUTION RECOMMENDING DENIAL OF A SIDE YARD SETBACK AND REQUIRED PARKING FOR MIKE DEUTZ WHEREAS, Mike Deutz has submitted a request for variance from the Zoning Ordinance regulating side yard setbacks in a General Business District, and WHEREAS, the applicant has submitted the required site plan and development application for review; and WHEREAS, the Planning Commission has reviewed the proposed variances, as they relate to the findings for granting a variance as defined in Section 52.8 of the Zoning Ordinance, and I WHEREAS, Section 52.21 subd. 5 (b) requires a side yard setback of not less than 5 feet from the lot line, and Section 52.14 subd 4 requires the property to provide 27 parking spaces, and I I I ¡ 1 November 7, 2002 Page11of12 I i WHEREAS, the Planning Commission has made the following findings relating to the side yard setback request: 1. 2. Extra ordinary circumstances do not exist; and , Granting of this variance would grant the property owner rights denied to others in the same zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION THAT: the Planning Commission does hereby recommend the City Council of the City of SI. Joseph deny the following variance for Mike Deutz: 1. Variance from Section 52.21 subd. 5(b) Side Yard setback - Denying the 2.6 foot request. 2. Variance from Section 52.14 subd 4 - Requiring 27 parking spaces POLICE CHIEF REPORTS Ordinance 108: Junk Car Storaoe: Police Chief Jansky presented the Council with a proposed amendment to Ordinance 108: Junk Car Storage. The Ordinance has been updated to meet State Statutes. The revised Ordinance will assist the Police Department in cieaning up property with unlicensed and inoperable vehicles. Hosch questioned the proposed amendment will place a resident in violation if they are using a trailer to store the vehicle or if the vehicle is behind a fence. Jansky stated the proposed amendment allows ¡ vehicles to be stored on private property if they fenced. In addition, the Ordinance allows a salvage I business to continue to operate provided the property is screened from public view. During discussion, of the proposed amendment, the Council agreed to change all references to 30 days to 90 days. I Schneider made a motion to adopt the amendment to Ordinance 108, Junk Car with the chan9J of all references to 30 days be expanded to 90 days. The motion was seconded by Ehlert and i passed unanimously. ' Fee Schedule: Jansky reported that the fee schedule for police services and fines is outdated and recommended the Council adopt the revised fee schedule as follows: 2 AM to 6 AM Parking Violation Citation for not paying parking ticket Long Form or Warrant - Failure to pay parking ticket Drivers License Check Accident Report I nvestigations -Reports (1st Page) Per Page copy fee Criminal History Check Fingerprinting $ 15.00 50.00 100.00 5.00 5.00 5.00 .25 15.00 15.00 Rassier made a motion to amend the Appendix to the SI. Joseph Code of Ordinances, including the fees stated above. The motion was seconded by Hosch and passed unanimously. MAYOR REPORTS Upcomino Meetinos: Hosch reported the SI. Cloud APO will be meeting to finalize participation in the funding for the Sauk Rapids Bride. Hosch also reminded the Councilors that there is a retirement gathering for outgoing County Commissioner Rose Arnold on November 14, 2002. COUNCIL REPORTS SCHNEIDER - No Report EHLERT November 7, 2002 Page 12 of 12 Sales Tax Referendum: Ehlert expressed concern with the failure of the sales tax referendum. He questioned if the voters understood the question as the proposed projects passed unanimously but the authority to tax failed. Hosch stated that he too has some concerns and has already discussed the matter with Senator Fischbach. Fischbach has indicated a willingness to review the results and determine if the City has any alternatives. RASSIER - No Report LOSO - No Report ADMINISTRATOR REPORTS Surolus Car Bids: Weyrens reported that the City opened bids for the sale of the 1998 Chev Lumiina at 4:00 PM November 7, 2002. Jim Marthaler submitted the only bid in the amount of $ 650.00. Loso made a motion to accept the bid of Jim Marthaler in the amount of $ 650.00 for the purchase of the 1998 Chev Lumina declared as surplus property. The motion was seconded by Rassier and passed unanimously. Adiourn: Rassier made a motion to adjourn at 9:45 PM; seconded by Schneider and passed unanimously. weyC;;;; nistrator / Clerk I I I