HomeMy WebLinkAbout[06c] Preliminary/Final Plat - Monastery of St. BenedictJL';�4�
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MEETING DATE: March 18, 2010
City Council Agenda 6(d
AGENDA ITEM: Planning Matters
c) Preliminary/Final Plat — Monastery of St. Benedict
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Planning Commission conducted
the public hearing on March 1, 2010 to consider the amended preliminary and final plat entitled
Benedict. The Planning Commission recommended approval of the preliminary and final plat. For
your convenience the draft minutes have been attached.
BACKGROUND INFORMATION: The City Council has previously approved the plat entitled Benedict,
however, when the final plat was reviewed by Stearns County Surveyor, he requested that the plat be
amended to include the property owned by the Church of St. Joseph, known as the new cemetery. The
purpose of the plat was to clarify the legal descriptions and without adding the cemetery there would
still be a discrepancy.
ATTACHMENTS
Request for Council Action
Draft Minutes — March 1, 2010 .................... ...............................
1
Request for Planning Commission Action ...............................
2
HearingNotice ............................................... ...............................
3
Monastery Request — Matthews Letter .... ...............................
4
Benedict Plat Illustration .............................. ...............................
5 -6
VicinityMap ................................................... ...............................
7
Extract of PC Minutes —June 1, 2009 ........ ...............................
8 -9
Extract of CC Minutes —June 18, 2009 ...... ...............................
10
REQUESTED COUNCIL ACTION: The Council can either accept the recommendation of the Planning
Commission as presented or modify or it can be denied. If denied the Council must provide reasons for
the denial.
Extract of Planning Commission Minutes
March 1, 2010
Monastery of St. Benedict — Preliminary /Final Plat - Benedict
Public Hearinq — Monastery of St. Benedict Preliminary /Final Plat — Benedict: Due to conflict of interest,
Kalinowski stepped down and Deutz assumed the position of Chair.
Deutz called the Public Hearing to order at 8:00 PM and stated that the purpose of the hearing is to
consider an amendment to the Plat entitled "Benedict" to include the property formerly known as Lot 1
Block 1, St. Joseph Cemetery. The purpose of the amendment is to re- establish legal descriptions and
correct property discrepancies.
The proposed amendment was submitted by the Monastery of St. Benedict, 104 C
Joseph, MN 56374.
Tom Matthews, 110 6m Avenue S St. Cloud, approached the Commissions on behalf c
He stated that this whole process started about 10 years ago and added that the City,
version of this plat last June. Since that time, it has been refined a little bit more. Origii
only the property owned by the Sisters of St. Benedict, then the College of St. Benedk
now the St. Joseph Parish. The plat that was approved last year did not include the no
were still some missing gaps and boundary dispute; however, he stated that they now
everything cleaned up. Once the City approves it, it will then need to go the County foi
assured the Commissioners that they are not platting this property for development; re
manage the property.
Gary Renick, 9803 3281h Street St. Joseph, approached the Commissioners along
on behalf of the Parish and stated that they are in support of the proposed plat.
The public hearing was closed at 8:05PM.
Lane, St.
f the Monastery.
aw an earlier
ally, it contained
was added and
Y cemetery. There
eel they have
approval. He
her to better
Doug Danielson
Deutz questioned whether all of the property being platted is within the City. Weyrenstated that a portion
is in the Township; however, the new cemetery which is being added is within City limi . Deutz
questioned whether the joint board should approve this plat. Weyrens advised him thali she spoke with
the Township and they did not feel they needed to approve the change.
Wick made a motion to recommend City Council approval of the amendment to *e Plat entitled
"Benedict" authorizing the Mayor and Administrator to execute final plat documjnts. The motion
was seconded by Meyer.
Ayes: Deutz, Wick, Meyer, McDonald, Rieke, Orcutt
Nays: None Abstain: Kalinowski Motion Carried 5:1
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crry OF MT. JOSKPH Planning Commission Agenda Item
MEETING DATE: March 1, 2010
AGENDA ITEM: Public Hearing— Monastery of St. Benedict
Preliminary /Final Plat - Benedict
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission
recommended approval of a plat entitled Benedict. The purpose of the plat was to
property lines for property owned by the College and Monastery of St. Benedict. I
process it was recommended that the plat include the original cemetery owned by
Church. The plat included property located in both the City and Township of St. Jo!
reviewed and approved by both jurisdictions.
BACKGROUND INFORMATION: After the plan was approved by both the City and T
Joseph, Stearns County recommended that the plat be amended to include the new
the Parish of St. Joseph. In reviewing the plat, the Stearns County Surveyor noted tF
discrepancy between the Monastery property and the new cemetery. To correct th
he recommended that the Benedict plat be amended to include the new Cemetery c
of St. Joseph.
In order to amend the Plat, a public hearing is required. A representative from the
present at the meeting and they are supportive of the amendment.
ATTACHMENTS:
HearingNotice ............................................... ............................... 7:2
Monastery Request — Matthews Letter .... ............................... 7:3
Benedict Plat Illustration .............................. ............................... 7:4 -5
VicinityMap ................................................... ............................... 7:6
Extract of PC Minutes —June 1, 2009 ........ ............................... 7:7 -8
Extract of CC Minutes —June 18, 2009 ...... ............................... 7:9
REQUESTED PLANNING COMMISSION ACTION: Recommend the City Council app
to the Plat entitled Benedict authorizing the Mayor and Administrator to execute fi
considered and
irify and redefine
-ing the platting
Joseph's Catholic
ih, so the plat was
nship of St.
metery owned by
a property line
!gal description
ied by the Parish
h will be
►e the amendment
plat documents.
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k-�'JVN-nL
CITY OF ST. JOSEPH
WWW. cityof stioseph.com
Councilors
Steve Frank
Bob Loso
Renee Symanietz
Dale Wick
Judy Weyrens
Administrator
Publish: February 19, 2010.
6c.3
z5 College Avenue North . PO Box 668 . Saint Joseph, Minnesota 56374
P b o n e 3zo.363.72 01 Fax 3zo.363.0342
Public Hearing
City of St. Joseph
The St. Joseph Planning Commission shall conduct a public hearing on Monday, March
1, 2010 at 7:20 PM. The purpose of the hearing is to consider an amendment to the Plat
Administrator
entitled "Benedict" to include the property formerly known as Lot 1 Block 1, St. Joseph
Cemetery. The purpose of the amendment is to re- establish legal descriptions and
ludy Weyrens
correct property discrepancies.
The proposed amendment has been submitted by the Monastery of St. Benedict, 104
Mayor
Chapel Lane.
Al Rassier
Councilors
Steve Frank
Bob Loso
Renee Symanietz
Dale Wick
Judy Weyrens
Administrator
Publish: February 19, 2010.
6c.3
z5 College Avenue North . PO Box 668 . Saint Joseph, Minnesota 56374
P b o n e 3zo.363.72 01 Fax 3zo.363.0342
ATTORNEYS AT L. AW
February 4, 2010
City of St. Joseph
Attn: Judy Weyrens
25 College Avenue North
St. Joseph, MN 56374
RE: Sisters of the Order of St. Benedict
Plat of Benedict
Our File No.: 104 -00027
Dear Judy:
KEVIN J. HUGHES
THOMAS E. MAI-HEWS
RECEIVED JOHN L. GREER
JAMES P.A. MORRIGHAN
FEB v J 2010
C;I i Y OF ST. 0SEPH
Enclosed is a full size and reduced size of the revised preliminary plat of Benedict. On behalf of
the Sisters of the Order of Saint Benedict, I request that the consideration of this revised
preliminary plat be presented to the planning commission at the March 1 st meeting.
The revised preliminary plat incorporates the St. Joseph Cemetery that was platted in 1991.
Initially, the St. Joseph Cemetery was not included. On subsequent document review and in
meetings with the Stearns County surveyor and others, it was discovered that there were gaps
around the St. Joseph Cemetery boundaries. The inclusion of the cemetery plat will resolve
potential title issues. One of the goals of the Sisters' platting process is to clear -up gaps and title
issues. The Stearns County Surveyor has encouraged the Sisters to include the cemetery plat
within the Benedict plat.
Please contact me if you need additional information. A PDF version of the preliminary plat is
available and can be provided to you.
Very truly yours,
Thomas E. Mathews
Enclosures
cc: Sister Kara Hennes, OSB
TEMKC
Ib�CIJI-�1 \I1WaNY @7 Plai -Mona eery lanJ�GxrcsV�egn4jw- ICm.wiKl
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110 SIXTH AVENUE SOUTH, SUITE 200 • P.O. Box 548 • ST. CLOUD, MINNESoTA 56302 -0548
E -Mnu: attorneys0hughesmathews.com • www.hughesmathews.com
TELEPHONE: 320.251.4399 • FAx: 320.251.5781
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Disclaimer: This map is neither a legally recorded map nor a survey and is not intended to be
used as one. This map is a compilation of records, information and data from city, county, state
and federal offices, and is to be used for reference purposes only.
6c:7
https:// portal. sehinc. com /sehsve /html /dvo /ma-oLavout.htm 9/1 6001 n
Extract of Minutes — Planning Commission
June 1, 2009
Benedict Plat
Preliminary Plat — Benedict Plat: Weyrens stated that the Planning Commission has previously
conducted a public hearing for the plat entitled Benedict and tabled action until all outstanding items have
been resolved. The following is a summary of issues along with the resolution:
1. Legal Counsel for the St. Joseph Parish had not reviewed the plat and stated that the Parish
could neither support nor oppose the plat until they had time to review such. Since the Parish is a
signing party to the plat, they would need to approve.
Resolution: the City has received a letter of support from the Parish.
2. Bernie Schloemer questioned the hearing process, in particular the legal description used for the
hearing notice.
Resolution: Weyrens stated that all persons within 350 feet of the proposed plat received
notification. Therefore the hearing process meets the statutory requirements.
The Commission questioned the process for approval for the portion of the plat that lies in the
Township.
Resolution: Weyrens stated that the Benedict Plat is a plan that contains both City and
Township property. Each jurisdiction must complete their respective processes before
the plat can be recorded. For the Township, Steams County Environmental Services will
conduct the hearing and by the OA between the City and Township of St. Joseph, the
matter should considered by the Joint Planning Commission and Joint Planning Board.
S. Kara Hennes approached the Commissioners on behalf of the Monastery. She stated that when this
process started, the goal was to transfer some land between the College and the Monastery because
some of the college buildings are on Monastery property. To continue with the land transfer, they needed
to plat the property. It was also discovered during the platting process that some of the St. Joseph Parish
property encroached the Monastery land. The Benedict Plat clarifies these boundaries as well. In
addition the plat includes a small portion of the Pfannenstein property near 1 -94 and the land purchased
from Anita Walz. Vern Bartz, SEH, also addressed the Commissioners. He stated that the plat
incorporates the entire College campus west of CR121.
Deutz asked the Commissioners for their comments.
Meyer stated his concern with the number of outlots on the plat, as typical platted property includes
defined lots and blocks. He also added his concern with the number of variances that are going to be
required. Bartz stated that the plat has been developed utilizing outlots for vacant areas and lots and
blocks for property where buildings are located. In addition, the outlots had to be laid out so as not to
include both City and Township land. With reference to the numerous outlots, Deutz questioned whether
or not this has been laid out for development. Bartz re- stated that the purpose is to straighten out land
lines and address gaps and overlaps. Although a portion of this could be developed as commercial in the
future, right now there is no intent to develop.
Wick stated that he had no questions; however, this plat is different than most plats reviewed by the City
as it is platted as outlots. He was curious about the variances referred to by Meyer. Weyrens stated that
outlots have been utilized to plat vacant property. The City Ordinance does not allow development on
outlots, therefore, the City would still have control if the property is to be developed in the future. She
added that this is more administrative in nature as the current legal descriptions are a nightmare. Platting
it as outlots is the best method to not allow development. Wick questioned whether the taxes will be
different for outlots. Meyer stated that he sees a definite possibility for development. Bartz restated that
this plat is not for development rather to clarify property lines.
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Extract of Minutes — Planning Commission
June 1, 2009
Benedict Plat
Sabart added that he has seen other plats with multiple outlots. The Parkway Business Center is one
example. According to Sabart, it is not uncommon to designate the property as outlots if the property
owner is not clear about the future use of the property. In previous discussions with staff, he stated that
Lot 4 Block 1 is intended as a future advance to the College for a parking lot. He added that there may be
a future development, but there are no definite plans.
McDonald questioned the annexation of the entire property. Weyrens stated that there has been some
dispute between the City and the Township. She added that the City can pursue this annexation request
and then the entire Benedict Plat would be within the City. They have previously talked about the Orderly
Annexation. The Township is not taking any initiative to approve this plat. Bartz stated that the fact that it
is not being annexed has caused them problems as well. They do not care either way.
Deutz questioned the delineation of the wetlands. Bartz stated that they have the information on the plat
and they will have the wetlands marked once the plat is approved. Weyrens reminded the
Commissioners that the Public Hearing was opened and closed at the last meeting.
Meyer made a motion to recommend Council approval of the Preliminary Plat entitled Benedict.
The platting is being completed for administrative purposes only, clarifying and establishing legal
descriptions. Approval of the plat does not convey development rights. The motion was
seconded by Deutz.
Ayes: Deutz, Wick, McDonald, Rieke, Meyer, Orcutt
Nays: None Motion Carried 6:0:0
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Extract of Minutes — City Council
June 18, 2009
Benedict Plat
Benedict Plat: Weyrens stated that the Planning Commission recently considered a plat entitled Benedict.
The purpose of the plat was to plat the property and clear up legal descriptions for the St. Benedict
Monastery, College of St. Benedict and Church of St. Joseph. The lots containing no buildings were
labeled as outlots and all those with a building are identified by a lot and block.
Loso made a motion to approve the Preliminary Plat and authorize the Mayor and Administrator to
execute the Final Plat entitled Benedict.
Discussion: Weyrens advised the Council that this plat will be approved by both the City and
Township as some of the property is outside the City limits.
The motion passed unanimously.
During the platting process, an error was found relating to the assessments for a small portion of land
which is part of the Benedict Plat and a piece of property in Foxmore Hollow. In order to fix the error, the
City needs to transfer the assessment to the correct parcel. In order to transfer the assessment, it must
first be paid or abated. Although the City will not receive the delinquent interest; they will receive the full
assessments within the original terms.
Frank made a motion to abate the assessments as they are currently recorded and re- assess the
amount payable to the correct parcel. The motion was seconded by Symanietz and passed
unanimously.
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