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HomeMy WebLinkAbout2008 [02] Feb 04February 4, 2008 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, February 4, 2008 at 7:00 PM in the St. Joseph City Hall. Members Present: Chair Kathleen Kalinowski, Commissioners Ross Rieke, Mike Deutz, Mark Anderson, John Meyer and Dale Wick, City Administrator Judy Weyrens Citv Representatives Present: City Attorney Lori Athman Others Present: Nettie Pfannenstein, Joe Bechtold, Paul Eisenchenk, Mike Bader, Bill Elfering, Mike McDonald Agenda: Deutz made a motion to approve the agenda with the addition of the following: Add 7a Announcement The motion was seconded by Anderson and passed unanimously. Minutes: Rieke made a motion to approve the minutes of January 22, 2008 with minor corrections; seconded by Meyer and passed unanimously. Public Hearing -Ordinance Amendments: Weyrens stated that the purpose of the hearing was to consider amendments to the following Ordinances: 52.27 Subd 5: R1, Single Family -Clarification of Interim Use Permits 52.28 Subd 2: R2, Two Family -Clarification of Interim Use Permits 52.11 Signs -Clarification of Advertising Signs According to Weyrens, the proposed amendments to Ordinances 52.27 and 52.28 include the following changes: ^ Owners must provide a copy of a deed or contract for deed. A purchase agreement will not be accepted. ^ The owners must be principal owners and there may only be two owners listed. The public was invited to speak regarding changes to the proposed Ordinance Amendments. Nettie Pfannenstein, 208 E Ash Street, approached the commissioners and stated that the amended Ordinances are much clearer; however, she suggested that the definition of "natural person" be added as well as definition of family. Pfannenstein questioned what would not be a natural person to which City Attorney Lori Athman stated that a corporation may be listed as owner; however a corporation would not be considered a natural person. Weyrens stated that the Sign Ordinance has been changed to include a provision for outdoor advertising on infield fences in ballparks. Paul Eisenschenk, approached the Commissioners on behalf of the St. Joseph Rec Association. Currently, they get their revenues from entry fees and pull tabs. He stated that their revenues have been decreasing and their budget does not allow for enough money to keep up with repairs. They are requesting that the City allow them to put up a total of 24 maintenance free advertising signs around the field. The signs would be 4x8 and would have an approximate life of 10 years. According to Eisenschenk, the Rec Association would not see a profit until the 2"d year. Bill Elfering spoke to the Commissioners on behalf of the Knights of Columbus. He stated that they have been using the tent signs in the past. He questioned where they would be allowed to place the signs and added that there have been no problems with the County or with the State Patrol. They have only run into problems with the City Police. February 4, 2008 Page 2 of 5 Joe Bechtold also approached the Commissioners with respect to tent signs. The St. Joseph Lions are requesting that the City continue to allow tent signs along Highway 75. He added that approximately 60-70% of their brat sale business is due to the tent signs. Weyrens stated that the City has no control over Hwy 75 as it is a County Road and as such we cannot permit signs. Mike McDonald, 213 13"' Avenue SE, approached the Commissioners and questioned whether or not the amended Ordinance allowing the advertising signs in Ballparks is too restrictive. He questioned the possibility of a soccer field or hockey rink and their ability to place advertising signs on their fields as well. He also questioned the issue with the tent signs as the farmers' market has continued to put up their tent signs along Highway 75. Weyrens stated that the Ordinance is a working document and it is difficult to predict all the needs. If a concern arises in the future the Planning Commission can address it at that time. The public hearing was closed at 7:20 PM. The Planning Commission agreed to act on Ordinance amendments in two actions with the first being the amendment to Ordinance 52.27 and 52.28, relating to rental in residential districts. Wick agreed that it may be a good idea to reference the definition of family as well as add the definition of a "natural person". Deutz then questioned if the owner is a corporation with two members, can they have up to five people living in the home. Weyrens stated that they would be allowed three based on the definition of family. Rieke asked for clarification of what will be changed. Weyrens stated that they will include a definition of "natural person" and reference the definition of a family. Wick made a motion to adopt the amendments to Ordinances 52.27 and 52.28 with the changes presented and recommend Council approval. The motion was seconded by Deutz and passed unanimously. The second Ordinance Amendment relates to advertising signs on ballpark infield fences. Kalinowski questioned a few items as presented in the proposed ordinance. She requested that the term zoning administrator be clarified. Also, Subd 7a refers to approval by the appropriate government entity. Kalinowski asked for clarification on that as well. Weyrens suggested adding "depending on jurisdiction" following the paragraph as government entity could be either City, State or MN Dot. Deutz questioned the placement of the temporary signs in the right of way. Kalinowski stated that the Planning Commission does not have the authority to allow signs in the right of way. Bechtold questioned the possibility of a policy being put in effect to not enforce signs within the City Limits. Meyer agreed that the City should address the possibility of allowing advertising signs at Hockey rinks and soccer fields as well. Weyrens questioned whether the Planning Commission wants to allow advertising signs. Wick stated that it may be best to address this issue when it arises. Weyrens suggested the possibility of adding a recreation district in the future. On page 9, Subd 11 8 & 9, it was noted that it should read Minnesota Street and College Avenue. Weyrens advised the Commissioners that the City will not permit the tent signs. Deutz questioned who would be given the ability to use the tent signs due to grandfathered status. Would the next Church or non-profit group be given the same luxuries? Weyrens stated that the Police Chief would prepare at list of tents signs that were in place before the new Ordinance was enacted. Anderson made a motion to adopt the amended Ordinance 52.11; seconded by Wick. The motion passed 6:0:1. Ayes: Rieke, Kalinowski, Anderson, Meyer, Wick Nays: None. Abstain: Deutz Motion Carried 5:0:1 February 4, 2008 Page 3 of 5 R1/R2 Rental License Moratorium: Wick questioned when the Moratorium on rental licenses would be lifted as the Planning Commission has finished review and will be submitting a recommendation to the City Council. Weyrens stated that an Ordinance only becomes effective after publication. Therefore, if the Council acts on the recommendation of the Planning Commission on February 21, the amendment can be published the following Friday. At that time the Moratorium would be lifted. Deutz made a motion to adopt Resolution 2008-001 Lifting the Rental License Moratorium in the R1/R2 Zoning Districts. The motion was seconded by Rieke and passed unanimously. Amendment to Millstream Shops and Lofts: Weyrens stated that the Collegeville Development Group has requested to change the configuration of the residential dwellings in the Millstream Shops and Lofts. The original plan included 8 two bedroom and 6 one bedroom. However, due to the market, Collegeville Development Group is requesting to convert one of the one bedroom units to two bedrooms and convert one two bedroom and one bedroom to a three bedroom. The change in configuration requires additional parking and since the Planning Commission approved a variance on parking, the matter must be approved by the Commission. Weyrens stated that the developer has indicated that two additional parking spaces will be provided. Therefore, the parking for the residential is still satisfied. Weyrens stated that the staff has not received a final drawing with measurements but it appears as though they will be able to provide the required parking. Rieke made a motion to accept the proposed Amendment to the Millstream Shops and Lofts and recommend the Council execute the proposed amendment. The motion was seconded by Deutz and passed unanimously. Comprehensive Plan Update: Weyrens reported that the Comprehensive Plan is scheduled to be updated in 2008 and the Planning Commission is responsible for the preparation, review and amendment of the Plan. The Commissioners agreed to establish the 4°i Wednesday of each month at 6:00 PM for review of the Plan. Ordinance 55: Previously, the Planning Commission began reviewing Ordinance 55.The following is a continuation of their discussion. ^ Page 55-7 Section 55.04 Subd 1 a Discussion: Weyrens advised the Commissioners that this section would be replaced with the correct verbiage as approved for Ordinance 52.27 R1 Single Family. ^ Page 55-2 Section 55.02 Dormitories located on the campus proper of the College of St. Benedict's shall... Discussion: Wick reminded Weyrens that Benedict's should read Benedict. ^ Page 55-7 Section 55.04 Subd 1 a (2a) The rental units must: have a ceiling height of at least seven (7) feet as defined in Section 55.11, Subd 2 Discussion: Deutz added that this affects basements as well and it should reference the built in deficiencies. ^ Page 55-7 Section 55.04 Subd 1 b The owners residing on the property must own 100% of the properties and the... Discussion: Wick stated that properties should be replaced with property. ^ Page 55-13 Section 55.04 Subd 16c February 4, 2008 Page 4 of 5 Discussion: Wick reported that the reference should be to Section 55.04, Subd 14 not 13. ^ Paae 55-15 Subd 2 (2) Extension cords shall be used only with portable appliances... Discussion: Anderson suggested that language be added requiring that grounded outlets be used. Meyer questioned whether the inspector checks for those types of things. ^ Paae 55.16 Subd 2 (3) Every room used for human occupancy must have a minimum of two duplex electrical outlets. Discussion: Meyer stated that this sentence is redundant as it is already stated in Subd 2 (1). ^ Paae 55-17 Subd 4(e) Each rental dwelling unit shall also have an operating smoke detector on level of the unit. Discussion: This phrase could be removed as it is already covered by Subd. 4(b). ^ Paae 55-18 Subd 4 ...shall store and dispose of all his rubbish... Discussion: Wick stated that his should be replaced with his/her. ^ Paae 55-18 Subd 6a ... it shall be to the 1 other responsibility... Discussion: The number 1 should be removed. ^ Paae 55-21 Subd 5 Stairways, Porches and Balconies Discussion: Wick and Meyer stated that some stairways have built in deficiencies. Deutz added that some stairways do not meet the required width. They asked for clarification of what the building code says. ^ Paae 55-26 Section 55.12 Parking Discussion: Kalinowski questioned the parking spaces required in conjunction with the rental license. Weyrens stated that those are inspected and must be provided during the application process. ^ Paae 55-26 Subd 3 No dwelling unit built after 1940 and containing two or more sleeping rooms shall have a room arrangement such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be gained only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageways to any habitable room, hall, basement or cellar or to the exterior of any dwelling unit. Discussion: Wick questioned why it only referred to units built after 1940. He also questioned if this section could be removed. Weyrens stated she would check with the building official for clarification. ^ Page 55-27 Section 55.12 (c) ...required by this code may request permission from the building official for time to come into compliance with those subsections, which may be approved, in writing, for a period of time not to exceed one year from the date of adoption of this Ordinance. Discussion: Kalinowski stated that it should read "must be approved in writing" rather than "maybe approved... ". Wick also added that it should state a period not to exceed two years from the date of adoption to be consistent with 55.01. ^ Paae 55-27 Section 55.11 February 4, 2008 Page 5 of 5 Discussion: Eck stated that Section 55.11 should be changed to 55.13 to be consistent with the numbering. ^ Pa4e 55-27 Section 55.13 (a) Discussion: Weyrens advised the commissioners that the proper references will be added. ^ Page 55-28 Section 55.11 (b) Enforcement of disorderly use violations... Discussion: Weyrens stated that the City has a policy and that is used unless prohibited. Kalinowski questioned when it would be prohibited to which Athman stated it would be prohibited if it involved a juvenile. Kalinowski also questioned if the City Administrator is notified of any such violations. Weyrens stated that she is notified of all violations. ^ Page 55-29&30 Section 55.15 Discussion: Kalinowski stated that this information should be provided to the Zoning Administrator as well. Wick questioned the process for the board of appeals and asked that it be consistent. Rieke questioned whether or not the Planning Commission, acting as a recommending body, can serve as the Board of Appeals. Weyrens stated that they can act as the Board of Appeals if the Council chooses. ^ Pape 55-31 Subd. 7 ... the City Council may be resolution cause the... Discussion: It was noted that this should read "...the City Council may, by resolution, cause the... ". ^ PaQe 55-3 Subd 5 Discussion: Wick stated that the definition of Building Official contains building official three times and questioned whether or not it should be changed. Weyrens stated that she would check the definition for clarification. Rieke clarified that they will receive a clean copy of Ordinance 55 with the proposed changes at the next meeting. Weyrens questioned the Commissioners as to how they want to handle public input. They have decided that they will hold the public hearing on March 3. Copies of the Ordinance will be available at City Hall or online. Announcement: Anderson reminded people of the Caucuses being held on February 5. Weyrens stated that people should check the local papers for caucus locations. Adjourn: The meeting was adjourned by consensus at 8:35 PM. ~~~ ~~ d WeyrSns d inistrator