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HomeMy WebLinkAbout[04a] Minutes, September 16th September 16, 2019 Page 1 of 5 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, September 16, 2019 at 6:00 PM at the St. Joseph Government Center, opening with the pledge of allegiance. Members Present: Mayor Rick Schultz. Councilors Anne Buckvold, Brian Theisen, Bob Loso, Troy Goracke. Administrator Kris Ambuehl. City Representatives Present: City Attorney Tom Jovanovich, City Engineer Randy Sabart, Public Works Director Terry Thene, Community Development Director Therese Haffner, Finance Director Lori Bartlett Others Present: Jon Fahning, Tom Opatz, Cindy Kessler, Larry Wensmann, Janice Mensinger, Melvin Przyborowski, Doris Johnson, Al Kalla, Margie Kalla, Duane Hanes, Janelle Schneekloth, Ed Zimny Public Comments: No one present wished to speak. Approve Agenda: Theisen made a motion to approve the agenda with the addition of the following items: 10.1 Set Special Budget Meeting – September 23, 2019; 10.2 Set Truth in Taxation Hearing – December 2, 2019. The motion was seconded by Buckvold and passed unanimously by those present. Consent Agenda: Loso made a motion to approve the consent agenda pulling item 4f. Conditional st Use Permit Requests, Group Home or Airbnb at 32 1 Ave NW for discussion. The motion was seconded by Schultz and passed unanimously. a. Minutes – Approved the minutes of September 5, 2019. b. Bills Payable – Approved check numbers 055031-055140, Payroll EFT # 111732-111745 and Accounts Payables EFT #001894. It was noted that checks 055069-055092 were voided checks. c. Donations – Accepted the donations and contributions as presented. nd d. Gambling Report – Accepted the 2 Quarter Gambling Report as presented. e. Certificate of Survey, Grace Acres – Approved Certificate of Survey prepared for Susan Sink and Steven Heymans st 4f. Conditional Use Permit Requests, Group Home or Airbnb at 32 1 Avenue SW: Community Development st Director Haffner stated there are two CUP requests up for approval for the property at 32 1 Avenue SW, the former Newsleader building. An Airbnb and state licensed daycare are permitted Conditional Uses in the B-1 Central Business District Ordinance. A public hearing was held by the Planning Commission and their recommendation was to approve the CUPs with the conditions listed in the findings of fact. Loso asked if it is common to have two CUPs on one property. Jovanovich stated there is typically one CUP per property. Regarding the Airbnb, regulations on that use should be included in the findings of fact. Janelle Schneekloth, Applicant: Schneekloth stated she has a potential buyer for an adult foster care facility. If that falls through, she would like to have the option of operating the property as an Airbnb. The potential buyer is Catalina Group. Schultz made a motion authorizing the Mayor and Administrator to execute Resolution 2019-059 adopting findings of fact and approving a conditional use permit for a group home for adult foster care. The motion was seconded by Theisen and passed unanimously. Public Hearing, Outdoor Special Event, Rocktoberfest: Administrator Ambuehl stated the public hearing is to consider approval of an outdoor permit request submitted by the St. Joseph Booster Club for an outdoor event to be held on September 29, 2019 from 4:00 PM – 11:00 PM. The application has been reviewed by the Chief of Police and he has the following recommendations: perimeter fencing is required; hiring of one off-duty office; the music will end by 11:00 PM. Schultz opened the public hearing. As no one present wished to speak, Schultz closed the public hearing. September 16, 2019 Page 2 of 5 Theisen made a motion authorizing the Mayor and Administrator to execute the Outdoor Permit with the conditions identified by the Chief of Police for an event to be held on September 28, 2019. The motion was seconded by Loso and passed unanimously. Public Hearing, Progress on Community Development Block Grant: Haffner stated the City received a Small Cities Development Grant which helps in providing assistance to qualifying home owners to repair or replace deteriorated roofing, soffit/fascia, gutters, siding, windows and doors. Interior items are also eligible and include electrical, plumbing, new furnaces, insulation, lead based paint remediation, and health and safety items. The city worked with the Central Minnesota Housing Partnership (CMHP) to apply for the grant. Schultz opened the public hearing. Ed Zimny, Central Minnesota Housing Partnership: Zimny stated a requirement of the grant is to hold a second public hearing updating the community of the progress. There have been four (4) projects completed to date and two (2) are currently under construction. The programs goal was to improve eight (8) homes. If no other applications are received for this target area, Zimny stated there is a second target area of homes that will be approached to participate in the program. Currently there is $68,330.00 in funds remaining. One of the requirements for having the Small Cities Grant is to promote Fair Housing awareness in the City. The Fair Housing Act protects against discrimination because of race, color, religion, sex, national origin, familial status, or handicap. As no one else present wished to speak, Schultz closed the public hearing. Public Hearing, Trobec’s Bus Service Tax Abatement: At the June 24, 2019 meeting, the Council approved a resolution setting the date for the public hearing on tax abatement for Trobec’s Bus Service. Both Stearns County and the District 742 were approached to be participants. The County denied the request. District 742 is proposing to grant abatement on the District’s share in an amount not to exceed $140,000 for a term up to seven (7) years. The City’s portion would not exceed $367,000 for a term of up to seven (7) years. Schultz opened the public hearing. As no one present wished to speak, Schultz closed the public hearing. Loso made a motion authorizing the Mayor and Administrator to execute Resolution 2019-061 approving property tax abatements, proposed granting of business subsidy, and authorizing execution of a tax abatement agreement. The motion was seconded by Buckvold and passed unanimously. Public Hearing, Caribou Coffee, Variance & Conditional Use Permit (CUP) Requests: Jon Fahning and Tom Opatz, applicant and developer are proposing the development of a Caribou Coffee with outdoor patio seating and a drive-thru on the property owned by the City located on the southeast corner of CSAH 75 and County Road 133. The applicant is requesting approval of a variance to the setback requirement adjacent to residential use properties. The City requires a minimum setback of fifteen (15) feet from the property line and the applicant is proposing a six (6) foot setback. Secondly, the applicant is requesting approval of a CUP to allow for a drive- thru coffee shop. A coffee shop is a permitted use in the B-2 District and a drive-thru is a permitted conditional use. The Planning Commission held a public hearing on July 29, 2019. Several residents spoke voicing concerns with access, traffic, noise, lighting, and privacy. The applicant initiated and hosted a neighborhood meeting on August 27, 2019 and eight residents attended along with City staff. Schultz opened the public hearing. Jon Fahning, 2485 Acorn Run: Fahning, the applicant, approached the Council regarding his request. Fahning provided a timeline and history of the Caribou proposal. Fahning stated there are numerous other uses that the property can be developed for that could have a larger traffic impact. Fahning stated the reason for the variance request is due to the entrance location. Space will be provided on site to room for the stacking of sixteen vehicles. The menu boards and drive-thru will face CSAH 75 and an eight foot fence will be constructed along the southerly boarder of the property that abuts residential. Fahning added that the site will be developed and no matter how the site is developed, traffic and safety issues will be there. September 16, 2019 Page 3 of 5 th Janice Mensinger, 1307 Minnesota St E: Mensinger sat on the corner of 12 Ave SE and MN St E beginning at 5:19 AM. In the 3 ½ hours she counted, there were 975 cars that passed by from MN Street to CSAH 75. There th was an additional 283 cars that came from 12 Ave SE to CSAH 75. Additionally there were 14 trucks in and out of Scherer Trucking. Mensinger also showed a photo of how much the traffic backs up at the intersection. Mensinger still has concerns regarding traffic and safety issues. Doris Johnson, 1112 Minnesota St E: Johnson is concerned about the traffic, especially in the mornings. Traffic is backed up from CSAH 75 to MN Street resulting in additional backups going West on MN Street and South th on 12 Avenue. For traffic coming off of CSAH 75 will have to make a turn into Caribou, but Johnson questions how they will make the turn with the traffic backed up. Johnson is not opposed to having a Caribou Coffee, just in a different location. Al Kalla, 1302 Minnesota St E: Kalla is opposed to the Caribou location. At the neighborhood meeting, it was presented that 1700 cars travel in that location during the day. Kalla stated the traffic numbers are actually near 3,000 cars a day. Tom Opatz, 13084 County Road 4: Opatz stated the purchase agreement was executed and the land is going to develop. Opatz wants to work with the city to make that happen. The traffic and safety concerns will remain no matter what is constructed on that property. Opatz hopes the Council considers approval of the request. Melvin Przyboroski, 1307 Minnesota St E: Przyborowski watched the traffic with Mensinger during the morning commute and there were many accidents that almost happened. Przyborowski believes the addition of Caribou at that intersection will create more issues. As no one else present wished to speak, Schultz closed the public hearing. Buckvold thanked the residents for voicing their concerns regarding safety and she has the same concerns. Both she and Goracke voted against the purchase agreement due to traffic and safety concerns. Loso stated there is nothing that can be done about the amount of traffic at that intersection. The land is there and it’s going to develop. From the numbers shown, the addition of Caribou will not have a large impact on the traffic numbers. Loso feels that people may even avoid going to the Caribou if they see the traffic is backed up. Buckvold agrees with Loso that people may not stop if they see traffic backed up; however, there will still be the issue of having cars backed up to MN Street. Schultz is aware of the other uses that could go on that lot and he is erroring on the side of caution with his decision. Goracke asked why the property was sold in the first place without looking into everything further. Buckvold stated that just because a purchase agreement was executed, does not mean the Council has to approve the variance and conditional use permit requests. Attorney Jovanovich stated the proposed findings need to be reviewed and the Council needs to base their decision on the criteria provided in State Statute. Jovanovich believes the applicants meet the criteria for granting the variance. In the findings of fact denying the variance, Jovanovich stated the findings need to be more specific. Goracke made a motion authorizing the Mayor and Administrator to execute resolution 2019-051 adopting findings of fact and approving a variance to the minimum buffer setback requirement in a business district. The motion was seconded by Theisen. Aye: Goracke, Theisen, Loso, Buckvold Motion Carried: 4:0:1 Nay: None Abstain: Schultz Jovanovich stated the Conditional Use Permit is a tougher request to decide on. The drive-thru is a permitted conditional use in the B-2 District. If the Council were to vote against the CUP, the Council will need to be very September 16, 2019 Page 4 of 5 specific in their reasons for denial. Typically the Council will direct the City Attorney, City Engineer, and City staff to draft up findings in cases like this one. Buckvold asked if the County and MnDOT reviewed the request. Jovanovich stated both have reviewed it and there were no additional requirements requested of the applicants. Sabart added when the County reviewed the request, they were not reviewing whether it was safe or not. The County reviewed the access point and whether the road would be able to accommodate the additional traffic. Schultz made a motion to table approval or denial of the Conditional Use Permit request in order to further analyze the findings of fact. The motion was seconded by Goracke. Aye: Goracke, Theisen, Buckvold, Schultz Motion Carried: 4:1 Nay: Loso Fahning stated the property needs to have access and the safety concerns will be there no matter what is developed on that property. If Fahning were to build a caribou without a drive-thru, he would not have to go through the CUP process. Planning Commission, Variance Request – Trobec’s Bus Service: Haffner stated a variance request was received from Rice Companies on behalf of Torbec’s Bus Service. City ordinance requires parking lots and drive maneuvering areas to be paved with a hard surface. The applicant is requesting approval of a variance to allow gravel or curshed granite for 2.94 acres of the Trobec’s facility parking lot and drive maneuvering areas within the side and rear yard. The Planning Commission held a public hearing and recommended the approval by a four to one vote. Theisen made a motion authorizing the Mayor and Administrator to execute Resolution 2019-058 adopting findings of fact and approving a variance to the paving requirement for a parking lot and drive maneuvering areas. The motion was seconded by Buckvold and passed unanimously. City Limit Maps: Administrator Ambuehl stated with the annexation, city maps have not been updated appropriately. For emergency services between the City and the County, personnel are not sure if the calls are within the City’s jurisdiction and the County’s jurisdiction. Theisen works for Stearns County Law Enforcement and he stated that members of the County and City Police Department are unsure of where the new city limits are. Sabart stated the maps that Stearns County dispatch uses is different from what the City has. The source of the data that the City receives for mapping is taken from the Stearns County database. Staff is currently working with the County to see where dispatch is pulling their information from. Set Special Budget Meeting – September 23, 2019: Council approved by consensus to have the special meeting on September 23, 2019 at 6:00 PM in the St. Joseph Government Center. Set Truth in Taxation Hearing – December 2, 2019: Schulze made a motion to set the Truth in Taxation hearing for Monday, December 2, 2019 at 6:00 PM in the St. Joseph Government Center. The motion was seconded by Loso and passed unanimously. Engineer Reports: Sabart reported the Street Improvement project began this week and the Industrial Park Improvements are underway as well. Department Reports, Administration: Ambuehl stated he is still becoming acclimated to the role and continuing to work on the lease with the community center. Department Reports, Community Development: Haffner reported she has been continuing to work with Trobec’s on their site plan approval. Haffner attended the most recent CVB meeting and their intent is to have a video for each of the seasons. September 16, 2019 Page 5 of 5 Additionally, Mary Bruno from the CVB and staff member Kayla Klein are working on website options for further promotion of the CVB. Department Reports, Finance: Bartlett reported the bond proceeds were received. Bartlett added she is currently working on the budget and on training in the new Finance Technician. Department Reports, Public Works: Ambuehl received a department update from Public Works Director Thene. Ambuehl stated the Street Improvements have begun with the mill of Old HWY 52. The department will have an st intern the week of October 21. Mayor Reports: No reports Closed Meeting: Schultz made a motion to move into a closed session at 6:30 PM pursuant to MN Statute 13.05D Subd. 3 to discuss pending litigation regarding the 2019 Street Improvements. The motion was seconded by Buckvold and passed unanimously. The Council came out of closed session at 6:53 PM at which time, Mayor Schultz reconvened the meeting. Adjourn: Schultz made a motion to adjourn at 6:53 PM; seconded by Theisen and passed unanimously. Rick Schultz Mayor THIS PAGE INTENTIONALLY LEFT BLANK