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HomeMy WebLinkAbout[03] MinutesApril 6, 2009 Page 1 of 5 Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on Monday, April 6, 2009 at 7:00 PM. Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Brian Orcutt, John Meyer Others Present: Sr. Kara Hennes, Sr. Paula Revier, Vern Bartz, Gary Renick, Bernard Schloemer, Robert Valek, John Bloomer, Margaret Wurn, Travis Fruth Approval of the Agenda: Wick made a motion to approve the agenda with the following addition: • Sign Ordinance -Banners The motion was seconded by Rieke and passed unanimously. Minutes: McDonald made a motion to approve the minutes of March 2, 2009 with minor changes as noted by Kalinowski. The motion was seconded by Orcutt and passed unanimously. Public Hearing. Interim Use Permit: Kalinowski called the hearing to order and stated that the pur~ose of the hearing is to consider an Interim Use Permit to allow an owner occupied rental unit at 220 17t Avenue SE. The property is legally described as Lot 4 Block 2, Liberty Pointe. St. Joseph Code or Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Residential rental provided the unit is owner occupied and provided the room(s) rented does not contain separate kitchen facilities and it not intended for use as an independent residence. For purposes of establishing if the property is owner occupied, the owner must be a natural person and all owners must occupy the property as their principal r ce. T rs may of ex .For purposes of determining ownership, th wn s m prov co o a recur eed or recorded contract of deed. A purchase agreem will n b d a nc ersh The request for Interim Ust~~mi~d by~ Frut ~ 17th Aven~ SE. The public hearing was opened and closed at 7:05 PM as there was no one present wishing to speak. McDonald asked for clarification that ownership was transferred to Fruth. Kalinowski stated that he is the sole owner at this time. According to Weyrens, the deed was transferred to him from his father. Meyer made a motion to recommend approval of the Interim Use Permit for Travis Fruth at 220 17th Avenue SE. The motion was seconded by McDonald. Discussion: McDonald stated that it is nice to see that Liberty Pointe is getting cleaned up. The motion passed unanimously. Kalinowski stepped down from the commission due to a conflict of interest on the Benedict Plat. Rieke assumed the position of Chair of the Commission. Public Hearing -Preliminary Plat- Benedict: Acting Chair Rieke called the hearing to order and stated that the purpose of the hearing is to consider a preliminary plat entitled Benedict. The Benedict Plat includes property owned by the College of St. Benedict, Monastery of St. Benedict and Church of St. Joseph. The purpose of the plat is to re-establish legal description and correct property discrepancies. Development rights are not being conveyed with the Benedict Plat. The proposed plat was submitted by the Monastery of St. Benedict, 104 Chapel Lane. Weyrens stated that the staff has been working with the College/Monastery of St. Benedict on the plat that has been entitled Benedict. The legal descriptions for the College/Monastery are metes and bounds April 6, 2009 Page 2 of 5 and it is difficult to determine lot lines. Therefore, the MonasterylCollege have developed a plat to re- establish lot lines. During the platting process the Monastery/College met setback requirements were possible and access has been provided to all lots and outlots. In addition, the St. Joseph Parish Cemetery abuts the Monastery/College and that property has been included in the plat as well. Weyrens clarified that a portion of the proposed plat is located in St. Joseph Township and they will be acting on that portion. Sr. Kara Hennes approached the Commissioners representing the Monastery. She stated that Vern Bartz and Mark Downing of SEH were also present. They are seeking approval to plat the property as described. In the process, she stated that some parcels will be transferred to the College. She added that they found several gaps that have existed for a long time. They are looking to plat the Monastery area south of County Road 2 and West of College Avenue along with the main college buildings west of College Avenue and the non-taxable land on the property. The property is made up of agricultural land to the west, woods to the south, the 7.2 acres of land purchased from Anita Waltz-Harris and the 5 acres previously owned by Richard and Helen Kuebelbeck. The proposed plat is approximately 140 acres which is made up of mainly woodlands and wetlands. This is an attempt to administratively clean up the ownership issues for this property. Vern Bartz, SEH, approached the Council on behalf of the Sisters. He stated that they also clarified the boundaries for the College Properties. There are three owners involved and recently there has been a quit claim deed recorded between the Sisters and the Church of St. Joseph. He added that some of the lot lines are very close to some of the grave sites. The Church of St. Joseph is platted as Outlot A. This plat will be reviewed by the College and the Monastery and any corrections will be made. The purpose of the plat is to clean up overlaps, gaps and clarify legal descriptions. This will be beneficial for the County when referring to legal descriptions. The Plat will have all properties described as a Lot or an Outlot. Bartz stated that they have alrea n to h Tow hip fo lat. Once the final plat is approved, the wetlands wil d. mce 's pr y ab s fight-of-way, the plat will be sent to the State of Minnes a for r ell. ded re ar some property issues that will be addressed and cleared prior a na t. Bartz stated that the platting process is not for a purpose of evelopmen ,rather lot line clarification. However, the lots have been established looking at future uses for the property. For example the property located adjacent to County Road 2 is suitable for commercial and at some point the Monastery may decide to sell that portion. Bartz reiterated that the only purpose of the plan is to re-establish the lot lines. Along County Road 2, they will be dedicating a 40' strip on their side for road right-of-way. They will also dedicate some of their property along County Road 121 as road right-of-way. Most of the property is platted as Outlots and they would not be able to develop it until it is re-platted. They have shown various ingress and egresses to each Outlot as they need to have access to each lot. All required easements will be included on the plat. Rieke asked Mr. Bartz for a disclosure statement to clarify that they are working for the Sisters and not the City as there may be some confusion due to the fact that SEH is also the engineer for the City. Bartz stated that he is from the surveying department at SEH and he has done work for the Sisters for a long time and he has a lot of knowledge of this property. Rieke opened the Public Hearing. Bernard Schloemer, 701 Hill Street W, approached the Commissioners with procedural questions relating to the proposed plat. He questioned whether they are requesting to plat the entire area shown on the legal notice that was printed in the paper. Weyrens stated they are. He then questioned whether adjoining property owners are to be notified of such hearings. Weyrens stated that the City is required to send notice to property owners within 350 feet of a subject property. The proposed plat illustration includes property located in St. Joseph Township but the City is not considering action on that portion of the plat. The legal description that was used was that given to the City by the engineer for the Monastery of St. Apri16, 2009 Page 3 of 5 Benedict. Rieke stated that, in the past, the City has re-done Public Hearings with correct legal descriptions. Weyrens stated that she will check with legal and make any corrections if necessary. Gary Renick addressed the Commissioners as the attorney on behalf of the Church of St. Joseph. He stated that they received the materials and they are being reviewed by the Church and their legal counsel. Currently, they are not in a position to be in favor of or against the proposed plat. Meyer questioned Renick as to how long the legal analysis will take to which he replied not more than 30 days. Tim Borresch, 11 3~d Avenue NW, approached the Commissioners to share some concerns relating to the College/Monastery property. He stated that he lives at the corner near the main entrance to St. Ben's. He is concerned about the amount of traffic using that entrance. Borresch surggested that, prior to putting more people on campus; they consider ingress and egress. Over time 3 Avenue SW has become a major entrance to the College and it was originally designed as an alley. Borresch expressed frustration with the amount of traffic the neighborhood tolerates. Rieke stated that the purpose of the hearing is to consider a plat to establish lot lines, not development of the property. Therefore traffic impacts are not considered as part of the process. Schloemer approached the Commissioners for a second time with afollow-up question. He questioned whether it was the Sisters' intent to plat the entire area shown on the hearing notice. He stated that it would be better to plat the entire area at one time. Weyrens stated that the City is only conducting a hearing on the portion within the City. Schloemer stated that it should all be dealt with at one time as the City and Township have a joint powers agreement. Meyer advised Schloemer that the Planning Commission has a meeting with the Township in a few weeks. Schloemer stated that this issue seems to be a little premature at this time. Meyer stated that this is an ongoing process and they will be discussing such with the Township. Schloemer suggested that a Public Hearing be held in conjunction with the Township. The public hearing was clo d at 5 j~ Weyrens questioned Reni r o of th rch n verify leg descriptions prior to giving support. Renick re-stated tha a Churc neither supports nor objects to the plat at this time as they need to first clarify their legal descriptions. Meyer stated that this is a wise decision by the College and the Monastery to have the land platted to re-establish lot lines. Based on questions by the Township, they need to bring the entire property into the City so the process is streamlined. Meyer made a motion to table the discussion of the preliminary plat until May 4, 2009 when a continuation hearing will be held if necessary. The motion was seconded by McDonald. Discussion: Weyrens stated that additional notices will be mailed if necessary. Meyer questioned whether they already approached the Township. Bartz stated that they did address the Township and they were under the understanding that the City was going to annex that property. They also met with the County and they were advised by the County that the area would not be annexed of this time. They have given them their approval for the plat once it is approved by the Council. Weyrens stated that it cannot go to the Council for approval as there is one party that has some issues that need to be addressed. Rieke added that the Joint Planning Board has not yet met to discuss this either. The motion passed. Kalinowski resumed her chair at 8:00 PM. Sign Ordinance: Weyrens stated that the Commissioners met in February to discuss the proposed amendment to the Sign Ordinance allowing for banners for the Millstream Shops and Lofts. At that meeting the Planning Commission requested an alternative definition for Ornamental Banner. The meeting material included an alternative definition as provided by Cynthia Smith-Strack. Weyrens stated • that she also spoke with the Public Works Director to discuss any potential problems. The Public Works April 6, 2009 Page 4 of S Director supported the alternative definition provided the lowest point of the banner is eight feet or greater from the average grade of the property. McDonald clarified that the signs are limited as the size of the ornamental banner and the distance between banners. He also stated that the amendments states that the banners "shall contribute to the aggregate maximum amount of signage allowed within the district". He questioned whether or not the amount of signage is measured. McDonald also added that he, personally, doesn't like the banner they have draped over their railing. The proposed Ordinance has some limits as to the number of signs that are allowed as well as the height. Meyer stated that it may be better to have the signs at 8' from grade rather than 10'. Weyrens stated that Thene agreed with that suggestion as well. The proposed ordinance states that they are only allowed to have one banner every 20'. The Commissioners discussed this and expressed their concern about the signs looking cluttered. Weyrens advised the Commissioners that they have asked the owners for a master plan showing the placement of the banners. McDonald suggested that they use the alternate definition for Ornamental Banners as presented. McDonald suggested that the Ordinance Amendment include a provision to allow banners to be displayed across the street in a specific location advertising community events such as the Millstream Arts Festival. He stated it is his understanding that there is nothing in the Ordinance forbidding such at this time. The safety concerns have can be addressed and he is of the opinion that one accident should not prohibit such signs. There have been requests for such signs by the College, Chamber and the Millstream Arts Festival. Weyrens stated that one of the issues is the poles or devices to which the banner is anchored. The City does not own the poles an a any re disp ed th ust agree to such. McDonald questioned whe p si oul con al Use under the Sign Ordinance. Weyrens also ted th t om o ern a ba ers may be used for advertising purposes. McD ald s g e t th a owe in th owntown Business District. ~ ~!, Orcutt stated that the Curren po es tha are use or such anners are not m a good location as there has been more congestion with the increased number of power poles and high wires. Meyer questioned how much liability insurance should be carried to allow for such as he does not believe that a million dollars is enough. Meyer than suggested that the Public Works Director look into different poles for this type of use. Weyrens stated that Thene is in agreement that the current poles are in dire need of something. She suggested that they not be allowed until a new spot is found for the placement of the poles. Meyer suggested that two spots be designated, one along College Avenue and one along Minnesota Street. On behalf of the Fire Department, Orcutt stated that they would be in favor of having the poles moved. The Commissioners agreed that if they allow these types of banners, they be allowed under the temporary sign permit section and the applicant be allowed only one sign per year. Weyrens suggested that this item be brought back in May for approval. McDonald made a motion requesting staff draft an Ordinance Amendment allowing signs to be displayed across the street for specific community events. In addition, the Planning Commission requested the Public Works Director review potential sites for street cross over banners. The motion was seconded by Rieke. Discussion: Rieke stated that he likes the idea of cross over banners; however, he does not believe it would be a good idea for the City to be involved. He suggested that the City put out a RFP for a private company to find suitable locations and design and hang the banners. Orcutt questioned whether or not a civic organization could purchase the poles and turn them over to the City. According to Rieke, it would be best to have a private entity take over. Meyer stated that it would not be right to make a profit on public right-of-way. McDonald suggested that Public Works look for a different location for the poles. The motion passed unanimously. April 6, 2009 Page 5 of 5 Meyer stated that one addition he would like added to the sign ordinance relating to construction related signs is a restriction on the length of time that these signs are up. Meyer made a motion to include the following language to the Construction signs: "Contractor, Engineer, Supplier, Architect and Financial Institution related signs be removed two weeks after completion of the project or when a certificate of occupancy is issued, whichever occurs first." The motion was seconded by Orcutt and passed unanimously. Weyrens stated that she will bring back the resolution as well as a final draft for approval at the next meeting. Orderly Annexation Meeting: Weyrens stated that material for the Joint Planning Meeting on the 20~h will be distributed next week. They will meet to begin discussing land use matters in the Orderly Annexation areas. McDonald questioned the annexation of the College property. Weyrens stated that they are in favor of the platting, but against the annexation as the City does not plan to provide utilities to that area. Adjourn: Kalinowski stated that the meeting was adjourned by consensus at 8:20 PM. Judy Weyrens Administrator •