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HomeMy WebLinkAbout1993 [07] Jul 12 July 12, 1993 - Pursuant to due call and notice thereof, the Planning Commission for the city of st. Joseph met in regular session on Monday, July 12, 1993 at 7:30 p.m. in the st. Joseph Ha 11 . Members Present: Chair Hub Klein. Commissioners S. Kathleen Ka 1 inowsk i , Linda Sniezek, Marge Lesnick, Dan Nierengarten, Andy Brixius, Kurt Schneider. Counc i 1 Liaison Ken Hiemenz. Secretary of the Board Judy Weyrens. Others Present: Mayor Donald "Bud" Reber, Valeria Roeder, Donald Reber, Elmer Rakotz, Jeff Hinnenkamp, Liz Fischer, Art Diedrich, Art Heigl, Lyman Hull, Merle Jerzak, Dean Wick. Special Use Request ~ Jeff Hinnenkamp: Chair Klein called the hearing to order at 7:)0 p.m. The purpose of the hearing was to consider a request for a special use permit. This permit would allow for the operation of a salvage/impound and new/used car part business. Zoning Ordinance 52.21 subd 4 states, "All industrial uses sha 11 require a special use permit." The property is legally described as follows: That part of the South 451.42 feet of the North 880.42 feet of the East 686.70 feet of the Northeast Quarter of the Northwest Quarter of Section 9, Township 124, Range 29, Stearns County, Minnesota which 1 i es southwesterly of the southwesterly right of way line of the Burlington Northern Railroad together with that part of the North 880.42 feet of the West 44.00 feet of the Northwest Quarter of the Northwest Quarter of Section 10 in said Township and Range which lies southwesterly of said right of way line. Containing 7.15 acres. Together with that part of said Northeast Quarter of the Northeast Quarter of Section 9 and that part of said Northwest Quarter of the Northwest Quarter of Section 10 bounded as follows: on the East by the West line of Schneider's Addition, a duly recorded plat, produced northerly; on the South by a line drawn Due West from a point on said West line of said plat distant 800.00 feet northerly from its intersection with northerly right of way line of U.S. Trunk Highway 52; on the West by a line drawn parallel with and 150.00 feet westerly of, as measured at right angles to, said west line of said plat; and on the North by the South line of the North 880.42 feet of said Sections 9 and 10. Containing 1.11 acres. The request for special use has been submitted by Jeff and Mark Hinnenkamp,~ 32892 County Rd168, St. Joseph, MN 56374. Jeff Hinnenkamp spoke on his own behalf. He stated that he is in the process of purchasing the property known as the Lyman Hull property to be used for a impound and salvage yard. Dan Nierengarten questioned whether or not Mr. Hinnenkamp will clean the property before operating his business. Mr. Hinnenkamp stated that his intention is to se 11 the wood and clean the property as he is financially able to do so. He also Page 1 July 12, 1993 - stated that some of the sheds will be torn down, with the good parts being salvaged to repair the other buildings. At least one of the buildings would be used for storage. Dan Nierengarten questioned where the cars will be dismantled and how the fluids will be disposed. state Law mandates that cars must be dismantled on a cement slab, with all the fluids drained and placed in separate, marked containers. Minnesota Pollution Control Agency (MPCA) does random checks to ensure proper disposal. Currently two of the buildings contain cement slabs. When cars are received they will be brought into the shed and dismantled. Mr. Hinnenkamp stated that his plans include remodeling at least one of the bui ldings.- Additionally, as much of the property will be fenced as is required for safety. The land which he is purchasing is approximately 8.75 acres. Elmer Rakotz questioned the location of the salvage yard in relation to the creek nearby, and whether or not Mr. Hinnenkamp had checked the water 1 eve 1 . If the cars were not properly drained, the creek could become polluted. With all the emphasis towards cleaning up landfills, Mr. Rakotz stated that he could not understand the logic of another salvage yard. He also asked Mr. Hinnenkamp why he is proposing to move his current business to st. Joseph. Mr. Hinnenkamp stated that he has checked the water levels after heavy rainfalls, and didn't see it as a problem. MPCA regulates salvage operations to prevent environmental contamination. Hinnenkamp also stated that he is moving his operation to st. Joseph because it is a better location and a larger City. Lyman Hull stated that when he operated a business on the property described above, he sustained a large amount of vandalism. Youths are attracted to the property to conduct parties and vandalize. Hinnenkamp responded and stated that vandalism is always a problem, and he plans take the necessary precautions to minimize the vandalism. Commissioner Lesnick stated a desire to have the property cleaned before granting a Special Use Permit for another business. She questioned who would clean the property if the Special Use were granted for a salvage yard the proper.ty was abandoned again. Art Diedrich,'president of Avon State Bank, (holder of the property), stated that- he felt this was the best use for the property and hopes the City would.grant the special use as requested. Art Heigl, owner of the st. Joseph Mobile Home Park, stated that he felt it was inconceivable that the City would consider such a request with 57 families located adjacent to the property. Heigl stated that he has operated a viable, low rent property with minimal expense to the City as far as fire and police protection and street maintenance. If the salvage/impound yard is a 11 owed, he will not be able to maintain the property for single family dwellings. Heigl also stated that he Page 2 July 12, 1993 intends to appeal to the City Council and the Courts if the Planning Commission recommends approval. Heigl also encouraged the Planning Commission to have an environmental impact study completed before further discussion. Commissioner Kalinowski questioned Mr. Heigl if he considers the property currently a junk yard. Heigl stated that a property that looks like a junk yard is not the same as an operated junk yard. Operating junk yards attract "junk yard dogs", such as rodents and other animals. If the Special Use is permitted, cars wi II be hauled at all hours of the day. Hinnenkamp stated that he has been in the upholstery business for over 13 years and is confident that he will succeed. It is his responsibility to met MPCA requirements and secure fencing around the property. He will do everything possible to assure a clean, safe operation. Chair Klein requested Secretary Weyrens to read section 52.8 sub 4 of the st. Joseph Code of Ordinances. Subd 4 stated that a special use permit could issue such permit only if it is determined that the proposed location: a. Will not be detrimental to or endanger the public health, safety morals, comfort, convenience or general welfare of the neighborhood or City b. Will be harmonious with the general and applicable specific objectives of the comprehensive plan and the code of Ordinances. c. Wi 11 be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and will not change the essential character of the area. d. Will not be hazardous or disturbing to existing of future neighboring uses. e. Will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems, and schools. f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare because of excessive production of traffic, no ise, . smoke, fumes, glare or odors. h. Will hav~ vehicular approaches to the property which are so designed as not to create traffic congestion or an interference with traffic or surrounding public thoroughfares. i. Will have adequate facilities to provide sufficient off-street parking and loading space to serve the proposed use. j . Will not result in the destruction, loss or damage of a natural, scenic, or historic feature of major importance. After discussion, Nierengarten made a motion to deny the special use request of Jeff Hinnenkamp allowing a impound/salvage yard on the above described property. Denial is based on the following findings: Page 3 July 12, 1993 1) st. Joseph Code of Ordinance No. 52.21 subd ~ All permitted industrial uses shall require a special use permit . 2) st. Joseph Code of Ordinance No. 52.21 subd ~ Only industrial uses which do not have heavy ordors, smoke or other obnoxious or distasteful smells or appearances, excess noise, excess water or sewage requirements, or hazardous wastes as defined by state and Federal statutes will be allowed. 3) st. Joseph Code of Ordinances No. 52.8 subd ~ The proposed use WILL: a. ... be detrimental to or endanger the public health, safety morals, comfort, convenience or general welfare of the neighborhood or City d. ... be hazardous or disturbing to existing of future neighboring uses. Based on these findings, the Planning Commission recommends that the request for special use for a salvage/impound lot in an industrial zone be denied. The mot i on was seconded by Brixius Ayes: Kalinowski, Lesnick, Brixius, Schneider, Hiemenz, Nierengarten, Hiemenz. Nayes: Klein. Motion Carried 7:1:0 The Commission further discussed the property and the need to clean up the property for environmental purposes. Kalinowski made a motion recommending Council approval to conduct an Environmental Impact study on the above described property, and require the property owner to clean up the property. The motion was seconded by Sniezek. Ayes: Klein, Kalinowski, Lesnick, Brixius, Schneider, Hiemenz, Nierengarten, Hiemenz. Nayes:None. ~Motton Carried 8:0:0 Dean Wick ~- College of st. Benedict: Dean Wick, architect representing the College of .st. Benedict appeared before the Commission to discuss the proposed entrance to the College. The proposal includes constructing a new entrance to the College off of County Road 121. The road will have ten (10) foot sidewalks/bike paths on each side of the road, with birming between the road and walkway. The existing South Entrance to the College will function as a service road. Chair Klein question Mr. Wick as to the location of the road in relation to the 2010 proposed transportation plan. Mr. Wick stated that they have included the proposed roadway into their design and it would not cause Page 4 July 12, 1993 - a problem. Commissioners discussed the feasibility of the road in the future. Mayor Reber stated that he met with representatives of the College and Convent of st. Benedict regarding these roadways. The College has accepted the proposed roadway, while the Convent would 1 i ke - to negotiate at the time of construction. All those present agreed to schedule the special use permit application as required by Ordinance 52.22 subd 3: Uses under Special Use Permits: The following uses shall require a special use permit based on the procedure set forth in the st. Joseph Code of Ordinances. a. streets and alleys which provide a means of ingress and egress tò or from the institution. The hearing will be scheduled on August 2, 1993 at 7:30 p.m. Dean Wick also~discussed the preliminary plans for the construction of a new student center. Comprehensive Plan: Schneider made a motion to recommend the City Counc i 1 approve the Comprehensive Plan as drafted, and schedule.the public hearing, as required. The motion was seconded by Nierengarten. Ayes: Klein, Ka 1 i nowsk i , Lesnick, Brixius, Schneider, Hiemenz, Nierengarten, Hiemenz. Nayes: None. Motion Carried 8:0:0 Approval of Minutes: Kalinowski made a motion to approve the minutes of June 7, 1993 as corrected; seconded by Lesnick. Ayes: Klein, Ka 1 inowsk i, Lesnick, Brixius, Schneider, Hiemenz, Nierengarten, Hiemenz. Nayes: None. Motion Carried 8:0:0 Kalinowski made a motion accepting the minutes of the Joint Meeting on June 21, 1993 as presented. The motion was seconded by Lesnick. Ayes: Klein, Ka 1 i nowsk i , Lesnick, Brixius, Hiemenz, Nierengarten, Hiemenz. Nayes: None. Abstain: Schneider Motion Carried 7:0:1 NEW BUSINESS The Commission discussed parking hazards in the City of st. Joseph. Due to the number of trucks unloading at the local establishments on College Avenue North, the Co~ission felt the two parking stalls on the West side of.College Avenue should:be removed. Traffic has a difficult time getting -around trucks when they are unloading. Additionally, Chair Klein- felt that the parking stall on the East side of 2nd Avenue NW are also a hazard, especially during peak hours and the current construction. After discussing various traffic problems, Lesnick made a motion recommending the City Council to change the following parking regulations to increase safety for the residents and visitors of st. Joseph: 1. Post Signs reading "No Parking, Loading Only 7:00 a.m. to 4:00 p.m" -- first two parking stalls on the West side of College Ave N Page 5 July 12, 1993 2. Post signs reading "No Parking" on the East side of 2nd - Avenue NW -- Removing three parking stalls. - 3. Remove permanently after the construction of West Minnesota street the East and West Stop signs on Birch Street West. 4. Post the speed 1 i m ita t 20 mp h in Park Terrace Addition. 5 . Remove one parking stall on the North side of Date street, across from Super America. (Cars block the driveway of the resident) . The motion was seconded by Sniezek. Ayes: Klein, Ka 1 inowsk i, Lesnick, Brixius, Schneider, Hiemenz, N-ierengarten, Hiemenz. Nayes: None. Motion Carried 8:0:0 The meeting was adjourned at 9:55 p.m. Respectfully submitted ~dy ~~?t4 Judy Weyrens Secretary of the Board Page 6