HomeMy WebLinkAbout2000 [02] Feb 07
I Official Minute$ - Planning Commission
Pursuant to due caUandnotice-theroof, the Planning Commissien-for the-City of St. Joseph-met mregular session on
Monday, Fehruary 7, 2000 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: . Chair Hub1<.lein. ··CommissionersnS;nKathleenKalinowski, ·Marge·Lesnkk,·GaryUtsch, Jim
Graeve, and Cop' Ehlert. Planning Commission Secretary Chad A. Carlson.
Members Absent: Kurt Schneider
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Others Present:. Rick Heid, Bob Herges, Ulban Schreifels, Doreen Schreifels, Joyce Stenger-Oldeen, Bob Rassier,
Tony Rassier, Jody Kellner, Darleen Kellner, Dick Taufen, David Wilke, Mark Hiltner, Brian Tadych, and Karen
Tadych.
Public Hearin~ - Pond View Rid!!e Six - Preliminary Plat
Chair Klein opened the Public Hearing on Monday, February 7, 2000 at 7:00 PM in the St. Joseph City Hall. The
purpose of the hearing is tocong.icler a- Preliminary Plat forPtmd View Ridge Six. The-proposed subdivision
contains 67 single-family dwelling lots on approximately 29.32 acres. The property is legally described as follows:
Outlots A, B and/C,PONDVIEWRIDGE FOUR, according to the þ1atthereöf, on file and of record in the Office
of the County R,ecorder, Steams County, Minnesota.
And
That part of the Nm1h-ThreeQuartersofthe- NOfthwest. Quarter of tooNOfthwest Quarter of Seetion 14, Township-
124 North, Range 29 West, Steams County, Minnesota described as follows: Beginning at the northwest corner of
the said Northwest Quarter of the Northwest Quarter; thence South 88 degrees 55 minutes 06 seconds East, assumed
bearing, along thß-north1ine oÍthe saidNorthwest~uarter òfthëNorthwestQuarter,·adistance ofl339:06feetlo
I the northeast corner of the said Northwest Quarter of the Northwest Quarter; thence South 01 degree 06 minutes 52
seconds East, alpng the east line of the said Northwest Quarter of the Northwest Quarter, a distance of364.84 to the
northeast comer of-~paF€cl of land-deseribe4 in-Dooæneat Number 0-59l-1-75 en- fileand-ofreceffii& too Offiee of
the County Recorder, Steams County, Minnesota; thence North 88 degrees 55 minutes 06 seconds West, along the
north line of said parcel, a distance of 208.72 feet to the northwest comer of said parcel; thence South 01 degree 06
minutes 52 secondsW est, along the west1ine of said paree1 and the west 1ine of a parCè10f a parcelôf1and
described in Dopument Number 472235, on file and of record in the Office of the County Recorder, Steams County,
Minnesota, andits southerly extension, a distance of 633.02 feet to the south line of the said North Three Quarter of
-th€Noohwesf Quartefofthe Nerthwest Quanef; theneeNorth~àegFees- 54-minutes-J8.seeenè& West, along said
south line, a distance of 1129.10 feet to the west line of the said Northwest Quarter of the Northwest Quarter; thence
North 01 degree 02 minutes 36 seconds East, along said west line, a distance of997.70 feet to the point of
beginning.
And
That part of the Northwest Quarter of the Southwest Quarter of Section 11, Township 124 North, Range 29 West,
Stearns County, Minnesota, èeseFibed- as- follows: CommeneingattheWest- t}Ualiet' Cemef of said Section 1-1-;. thence-
South 01 degrees 49 minutes 36 seconds West, along the west line of said Section 11, a distance of 252.40 feet to the
southerly right of way line of Minnesota Street (also known as County State Aid Highway Number 134) and the
actual point of by.ginnîngoTfhe parcêltoôedesctîbeâ; thence confmue~ollth01 ndegrees 49 minutes 36 seconds
West, along saiq west line of Section 11, a distance of23 1.77 feet to the northwest comer of Lot 1, Block 2, POND
VIEW RIDGE FIVE, according to the recorded plat thereof, on file in the Office of the County Recorder, Steams
County, Minnesota;theHee-NOfth·~1 degfees--G9-minutcs OO-secefttis-East, along-the-northline-of said- Bleek 2,
POND VIEW RIDGE FIVE and its easterly extension, a distance of203.90 feet to a westerly right of way corner of
12th Avenue S.E.,.accorãmg to smd plat ofPOND VIEW RIDGRFIVE; fhence North ú2 degrees 51 minutes-oO
seconds West, afong the westerly right of way line of said 12th Avenue S.E., a distance of23 1.00 feet to the
southerly right of way lifte- of said Minnesota· Street; theneeSouth 81· degrees' 09 minutes OOseeonds West, along
said southerly right of way line, a distance of 185.00 feet to the point of beginning.
I The above parcels contain 29.32 acres, more or less, and are subjèct to easements of record.
February 7,2000 Minutes
Bob Herges presented the Preliminary Plat for Pond View Ridge Six. Herges stated that after the Planning I
Commission meeting on January 5th, there are three issues that needed to be addressed at tonight's hearing.
Herges stated issue number one is to save as many trees as possible in the development area. All the utility
companies met last Thursday to discuss the construction of utilities in the development area. The meeting focused
on the joint trenching, saving trees and placement of utilities in the road right-of-way or utility easement.
Carlson stated that all the utility companies will joint trench in the road right-of-way, other then Steams Electric
Association. Steams Electric Association is concerned with the cost of replacing or relocating utilities if the road is
ever expanded or-reconstructed. Stearns Electric Association made it very clear that they will place the electric line
within the utility easement of the development. However, at the end of the meeting Steams Electric Association
requested that NSP submit a price listing for the joint trench and may consider a joint trench if the cost isn't too
high.
Graeve stated that the City should consider if it is legally possible to require the utility companies to joint trench and
locate in the road right-of-way if it is in the best interest of the community to save the trees. Graeve further stated
that it his opinion that 12th Avenue will never be widened to a four-lane road and utilities should be comfortable
with putting the utilities in the road right-of-way.
Herges stated that even though little progress was made with Steams Electric, they did agree to walk the proposed
development a~er the survey stakes identify the road corridor. Herges stated that Carlson, Steams Electric
Association anQ himself would identify the larger trees that need to be saved when placing the utilities.
Herges stated issue number two is the access to Klinefelter Park from 12th Avenue. The Planning Commission, On
January 5th, required a 12-foot walkway path from Ith Avenue to Klinefelter Park. The access has been identified
south of Lot 11, Block 1.
Klein questioneQ the location of the access in relation to the wetlands in the park. Elhert added that Mr. Taufen is I
suggesting that the access be located between Lot 2 and 3, closer to Eagle Ridge Drive. Herges stated that the
current location eliminates that impact to the wetland that is adjacent to the rear of Lots 5,6,7 and 8 and should serve
as a convenient access to the east side of the park for maintenance. Herges further stated that a sidewalk will be
constructed on the west side of 12th Avenue.
Mr. Bob Rassier questioned the Planning Commission regarding the extension of 12th Avenue south, through his
property, to. Jade Road and the time of coostruction.
Klein stated that it is difficult to say when the road would be extended south. Development of the area south of
Pond View Ridge Six will dictate the construction of 12th Avenue to Jade Road. There are many wetlands in the
road corridor aqd careful planning will determine the exact location. Ehlert further added that the APO, Steams
County and the Planning Commission have fundamentally preserved the 12th Avenue Corridor to Jade Road for
planning purposes and to ensure future right-of-way. Ehlert stated it was his opinion that the road will not be
constructed anytime soon, and possibly never.
Klein referenced two letters from concerned residents of the Pond View Ridge Four Addition. Klein stated that lots
16, 17, and 18 may impact the wetland in that area. The residents are concerned with the preservation of the
wetland.
Herges stated that a consultant is currently studying the area and will determine the proposed impacts to the wetland
by the development. The consultants and Steams County will inform them on how to proceed with the development
and measures taken to preserve or mitigate the wetland.
Graeve stated that there are many unanswered questions as this time and the development should be delayed until
the wetlands anQ the questions raised by Mr. Bettendorf and the City Attorney are addressed. Herges stated that I
delaying the preliminary plat doesn't solve the issues at hand. The County and the consultants will provide the
February 7, 2000 Minutes
I solutions to the wetland areas. The purpose of the preliminary plat process is to get preliminary approval to move
forward towards the [mal plat, at which time all the issues raised tonight will be addressed and completed.
Lesnick stated that she is concerned with the grading and drainage issues as identified by Mr. Bettendorf. Lesnick
further stated that drainage has been a problem with past developments in the area and must be address with this
plat.
Mr. Ulban Schreifels stated he is concerned with losing property because of the development and the potential of
street accessing the development from 91 st Avenue.
Herges stated that there will be no impact to his property due to the fact they have no right to cross his or anyone's
property. Herges further stated that past preliminary plats are reviewed by the Planning Commission and approved
with certain conditions or requested amendments to the plat. After the developer makes the changes as suggested by
the Planning Commission, the preliminary plat is then submitted to the City Council for approval. If the preliminary
plat is approved, the final platting process will begin.
Ehlert concurred with Herges statement and advised the Planning Commission that this is just a preliminary plat
hearing and changes can be made prior to the City Council reviewing the preliminary plat.
Graeve stated that he is not comfortable making a decision with so many unanswered questions. Utsch referenced
the letters from the Ci~ Attorney, City Engineer and Public Works Director, which identifies items that have not
been completed. The- Planning- Commission cannot approve a preliminary plat when these individuals are not
recommending approval until all the items are addressed.
Heid stated that the Planning Commission is looking at the preliminary plat as a [mal plat. Many of the comments
from the City Attorney, City Engineer and the Public Works Director will be identified on the [mal plat. Heid stated
I that they are looking for approvat of the layout and all the items raised tonight will be addressed.
Lesnick requested that Mr. Dick Taufen, Public Works Director, address the Planning Commission regarding his
written statement.
Taufen stated that his biggest concern is making sure they provide a drainage plan with the development. Taufen
furtlwr stated that he agrees witn. the develøpersthat many oHhe items he addressed will be resolved on the final
plat and the within the developer's agreement. Taufen stated that he would like to see the water system looped and
tied into the main on 16th A venue to create more pressure in the lines as they bring water to the area. The
development will maximize the pressure at the water tower.
Carlson reviewtJd the procedure and timing of the platting process, preliminary and [mal. Carlson further stated that
the comments q.om the wetland consultant will be forwarded to Steams County Environmental Services for
determinations and course- of aetion. The final fÌlatcat1:Ð:et be- approved until Steams County provides instructiÐns to
the City and developer.
Heid stated that the consultants should have their report ready sometime in April The report will determine if the
wetlands in the ¡lrea can be mitigated, the design of the development will change, and/or lots will be lost.
Graeve stated he will. not support adeveløpment that eliminates. any type of we Hand. Even with mitigation and
creating a wetland somewhere else does not work for the environment. The community as a whole needs to support
~d maintain the existing wetlands within the City's boundary. Graeve further stated that he has seen the approval
of preliminary plat constitute approva.l of the finàl plat without any further discussion or amendments. If any type of
.'0'. w,.J.p.nd exists ÍÌl the-afe&, the-developeFsshouldbe-oomfortablewithløsiflglots.
Hej.dtestat~ that Ste¡u.ns County will instruct them how to handle the wetlands. The wetlands will be replaced or
I left alone. ~ .4¢v~lqp~s orctÞ,e Planning Commission don't have the expertise to make this decision.
, '-- ,- '.,.
February 7, 2000 Minüœs
Klein stated that the City Engineer requested that thePlanning Commission make a decision whether or not 12th I
Avenue will follow the Klinefelter Park property line or will there be houses in benveen 12th Avenue and the park.
Ehlert stated that the Planning Commission gave direction to the developers at the last Planning Commission
meeting that lots should be located in between 12th Avenue and the park.
Carlson requested that the Planning Commission review page 174, items I and K of the Ordinance book for
direction on how to proceed with the proposed preliminary plat.
Kalinowski stated that the Planning Commission can move forward by approving the preliminary plat with
conditions as stated in the Ordinance.
Herges requested that he review one other item with the Planning Commission prior to making a motion. Herges
called attention to the three lots on 12th Avenue and Minnesota Street, which are included on the preliminary plat.
Herges stated that the City made arrangements to provide three water and sewer services to the property. The
property was then divided into three lots as proposed. All three lots are buildable but require a variance to the
minimum 75-foot width requirement. The lot on the comer of Minnesota Street and 12th Avenue includes the 50-
foot permanent easement required on Minnesota Street (County Road #134) by Steams County.
Ehlert stated that the lots meet the minimum requirement of 11,000 square and a variance to the width requirement
should be considered. During negotiations with Mr. Krestreiba, the City Council wanted to maintain three lots for
the property and concessions were made and dollars spent to ensure three lots would exist.
Klein stated that the negotiations took place without the adjacent properties being notified. In his opinion, the
installation of the water and sewer stubs should have never been approved. Utsch questioned if the Planning
Commission was consulted during the negotiations.
Carlson stated tpat the City Council and the landowner negotiated the arrangements and made a decision based on I
their discussion¡;.
Ehlert questioned if the lot lines could be redesigned to comply with the requirements of the Ordinance. There
appears to be enough property to make three lots without a variance and to have enough room for the house to align
with the properties on Minnesota Street.
Utsch stated that the City Council approved service to three lots without consideration to the Ordinance
requirements. Now the City Attorney is suggesting that the Planning Commission consider a variance to make it
work. The Planning Commission should have been advised of the proposal and they could have informed the City
Council of the Ordinance.
Herges stated that the lots could be redesigned to have two lots fronting on Minnesota Street and one facing 12th
Avenue. The utility lines would have to run along the back property line and an easement would need to be created.
The houses woqld then be able to align with the homes on Minnesota Street but a variance would still be needed to
address the minimum width requirement.
Ehlert suggested leaving the design as is, but moving the lot lines to create a minimum with of75 feet on all the lots.
There appe.ars to be enough property to accomplish the intent of the Ordinance.
Klein stated that there is an Steams Electric easement along Lot 3 and will make the lot too small to develop.
Herges stated tllat there is a 10 foot easement, five feet of which is on Lot 3 and will not make the lot too small for
development.
Klein further stated that the Ordinance requires that the lots are deep enough to align the new home with the
existing homes on Minnesota Street. Klein stated that his home is 40 feet of the property line and the proposed lot is
too shallow to put a home on. The property is only big enough for nvo lots. I
February 7, 2000 Minutes
I Ehlert stated that there are many issues with the preliminary plat and they need to addressed prior submitting the
preliroinaryplat to the City Council.
Ehlert made a motion to recommend approval ofthe Pond View Ridge Six Preliminary Plat, provided that
the following conditions be met prior to submitting to the City Council:
1) The developers addresses every concerns submitted in writing by:
· Mr. Dick Taufen, Public Work Director
· Mr. Joe BetteooOFf, City Engineer
· Mr. John Scherer, City Attorney
2) If possible, redesign Lots 1,2, and 3 öfthePond View Ridge Six Preliminary Plat to conform with
the minimum width requirements of the Subdivision Ordinance.
The Ip.otion was seconded by Lesnick.
Discussion:
Graeve requested that the motion be amended to include that if wetlands exist in the proposed development,
they be preserved and not disturbed by the construction If a wetland is identified, it will not be mitigated.
Herges stated that the study will, more then li/œly, identifY all different types of wetlands due to the type of
vegetation that exists. There is every intention to avoid the wetlands, but mitigation of some areas may
occur. Again, ~tearns County will tells us how to proceed
Ehlert stated Stearns County will provide their determination prior to the final plat and the Planning
Commission and City Council can ma/œ an education decision about the wetlands when the data is
I available. We can not ma/œ that determination at thîs point. A costlbenefit analysis of mitigation should
be provided to Ifducate the City Council and Planning Commission
Mr. Mark Hiltner added thaf most tf'thewetlands in- the-areaaredryand after the development occurs, the
large wet may not hold water anymore with the design of the drainage system.
Kalinow.ski suggested that the motion not be mnended to include· Graeve 's request and that Graeve could
ma/œ a separate motion ifhe wishes.
The-·møtio&·passedwitk·the-~wre:
Ayes: Kalinowski, Lesnick, Klein, Utsch, and Ehlert
Nays: Graeve Motion Carried
Graeve made ~ motion to preserve and protect any wetland from development as identified by Stearns
County within the Preliminary Plat of Pond View Ridge Six; Seconded by Klein.
Discussion:
Kalinowski stated that the motion made leaves no room for flexibility or special considerations if a wetland
is insignificant and could be developed or mitigated.
Graeve stated the mitigation doesn't benefit the community. If a wetland in the community is mitigated to
another part ofthete-wnshipor county, the wetland is lost forever within the community.
Herges stated that the development does contain dif.fèrent types of wetlands that will be developed due to
their location Stearns County will determine how mitigation will occur.
I Utsch stated that he is not comfortable with voting on such a motion until more iriformation is available
from the consultant study and Stearns County.
February 7, 2000 Minutes
Heid stated that they could not support the motion. 171e motion hand ties the development from occurring if I
any wetland is present in the development area. Essentially, the development would not happen.
The motion failed with the following vote:
Ayes: Graeve and Klein
Nays: Kalinowski, Lesnick and Ehlert Motion Fails
Kalinowski stated that once the consultant study is cDmplete and Ste<lms County submits their report, a discussion
can take place. At this time, there is just not enough information regarding the wetlands to make an educated
decision.
Herges stated that they would continue to work with the City and Steams County regarding the proposed
development. Their intentions are not to destroy all the wetlands in the development area.
The Public Hearing closed at 8:50.
Carlson reported on the City Council's decision to impose a rental license moratorium. Ehlert stated that the City
Council would appoint a 8-member committee with adequate representation fÌ'om the community and landlords. The
moratorium will last for six (6) months, with a recommendation fÌ'om the committee within 90 days.
Utsch suggested that the Planning Commission have a meeting with the committee to address the uses within the
ZDning OrdinaI1ces. Ehlert stated that the Planning Commission should be kept up to speed with the committee's
work. Ehlert further stated that he will approach the City Administrator to request that members of the Planning
Commission become a part of the committee.
Carlson informed the Planning Commission that the CityCouncîl approved the Super America Variance request I
contingent upon the City retaining ownership of the easement area fÌ'om the County.
Klein stated hi~ disappointment with the Planning CÐffimis~ioo'~ decisien to approve the three lots on Minnesota
Street as a part of the Pond View Ridge Six Addition. Klein further stated that creating the three lots in this area
promotes development that doesn't have enough room to occur. In his opinion, peDple have lost respect for their
neighbors and their property. Creating three lots in this area will only ensure more property will be damaged in the
community.
Commissioner ReÐ6rts:
Kalinowski suggested that Planning Commission and City Council start scheduling joint meetings as they did in the
past. Ehlert stated that he would bring the request to the City Council at the next meeting. The Planning
Commission suggested an April meeting.
Utsch restated qis request to get a summary of the 1999 building permits issued in the City ofSt. Joseph. Carlson
stated he would provide them at the next meeting.
Graeve expressed his appreciation to Carlson for his work to arrange the utility meeting for the Pond View Ridge
Six Addition. The meeting was a success by getting all the parties at one table to discuss saving as many trees as
possible in the development. Graeve also thanked Carlson for the all the information prepared for tonight's meeting.
The informatiolì regarding the Pond View Ridge Six preliminary plat was extremely helpful for the discussion.
Approve Minutes:
Kalinowski moved to approve the January 5, 2000 minutes as presented; Seconded by Dtsch.
Discussion: I
Lesnick requested clarification on Ehlert statement that the entrance to Klinefelter Parkfrom 12th Street
should be paved into the park.
February 7, 2000 Minutes
Ehlert co~rmed that he did state that the path should be paved rather then a Class II type material. The
paved path would promote use by bikers, roller bladders and people walking with strollers. The entrance
may not have to be 10 to 20 feet wide but rather S to 6 feet wide.
The motion passed with the following vote:
Ayes: Klein, Lesnick, Kalinowski, Utsch, Graeve, and Ehlert
Nays: None Motion Carried
Ad~o~rn: Lesnick made a motion to adjourn at 9:15 p.m.; seconded by Utsch and passed unanimously.
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`..Chad A~~ar
Planning Commission Secretary
February 7, 2000 Minutes