HomeMy WebLinkAbout1999 [12] Dec 06
.
. \mr, CITY OF ST. JOSEPH
21 First Avenue NW
P.O. Box 668,
St. Joseph, MN 56374
~320) 363-7201
Fax: 363-0342 St. Joseph Planning Commission
City Hall - December 6, 1999
Ck 7:00 p.m.
--~--
MAYOR
Kenneth J. Hiemenz Call to Order
NEW BUSINESS:
:::u:RKI
ADMINISTRATOR 7:00 P.M. North Park Third Addition - Final Plat - Mark Lambert
Cari Schmidt
7:30 P.M Super America Expansion Project - Lou and Jim Krebsbach
:::OUNCII.ORS 8:00 P.M Franklin Signs - Relocation of Billboard - Chad Carlson
Bob Loso
_lert OLD BUSINESS
11
Mary Niedenfuer 8:30 P.M. Commissioner Announcements
8:45 P.M. Council Liaison Report
Approval of Minutes
- November 1, 1999
Adjourn
.
. \mr, CITY OF ST. JOSEPH
21 First Avenue NW
P.O. Box 668,
St. Joseph, MN 56374 MEMORANDUM
(320) 363-7201
Fax: 363-0342 To: Planning Commission Members
From: Chad A. Carlson, Planning Commission Secretary
. Date: 12/02/99
cUg =.,
RE: Background Information for the December 6th Planning Commission
MAYOR Meeting
Kenneth J. Hiemenz
CLERKI North Park Third Addition - Mark Lambert
ADMINISTRATOR As you may recall, Mr. Lambert presented the preliminary plat for the property in 1998. The
Cari Schmidt original concept was to construct a multi-unit development on the lot. Since the property
was not suitable for multi-unit development, Mr. Lambert withdrew his request and stated
the use would be parking for the existing units. The Planning Commission and City Council
COUNCILORS both approved the preliminary plat under certain conditions as a parking lot and zoned
Bob Loso Agricultural. Enclosed in your packets is Attachment A, which summarizes the Planning
.~lert Commission's findings as of January 28, 1998.
'111
Mary Niedenfuer Starting on the bottom of Page 4 of Attachment A, the resolution states the conditions Mr.
Lambert must satisfy prior to submitting a final plat to the Planning Commission and City
Council. Mr. John Scherer addresses the six conditions in the enclosed letter. The Cross-
License Agreement has been executed for access to the light poles and siren poles.
However, the following issues need to be resolved:
1) Is there going to be access onto CSAH #2 from the west-side of the parking lot?
Steams County Highway Engineer has addressed the issue of access to the
property from CSAH #2 in the enclosed correspondence from 1997. The
Steams County Engineer should be contacted again.
2) Is the parking lot going to be paved now or in the future? Black topping the
entire area for parking lot may create a drainage problem and Mr. Bettendorf
should be consultant.
3) Under the requirements of the Ordinance, a Final Plat must be submitted within
one year after receiving approval of the Preliminary Plat, or the Preliminary Plat
is null and void. Since the Preliminary Plat was approved in January 1998, the
Planning Commission must decide whether to have Mr. Lambert resubmit the
preliminary plat, as required by Ordinance or move to waive the one-year
requirement.
. Steams County will be receiving a copy ofthe final plat for comments. Other then the issues
raised above, the Final Plat as submitted is permissible.
.
· Super America Expansion:
Lou and Jim Krebsbach will be presenting their site plan to expand the current facility to
include a food service line. The food service will be takeout only and similar to the Tom
Thumb operation. The Planning Commission must review the site plan in accordance with
the B-2 Highway #75 Business District regulations. Site Plan is enclosed.
Franklin SÏ2n Relocation:
Franklin Sign owns the billboard located at the new intersection ofCR#133 and CSAH #75.
The billboard currently overhangs into the intersection and Steams County right-of-way.
The Steams County must relocate the sign and the map indicates the proposed location. The
Planning Commission is being requested to approve the relocation site.
If you have any questions regarding the agenda, please contact me as soon as possible.
Thank you and see you Monday.
·
·
Official Minutes - Planning Commission
· Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular session on
Monday, November 1, 1999 at 7:00 p.m. in the St. Joseph City Hall.
Members Present: Commissioners S. Kathleen Kalinowski, Gary Utsch, Kurt Schneider, Jim Graeve and Cory
Ehlert. Planning Commission Secretary Chad A. Carlson.
Members Absent: Chair Hub Klein. Commissioner Marge Lesnick
Others Present: Greg Reinhart, Bruce Gohman, Judy Weyrens, Ellen Wahlstrom, Angeline Dufner, Jim Meyer,
Gary Schleicher, Joann Schneider.
First State Bank of St. Joseph - Sien Variance Request Public Hearine:
Acting Chair Kalinowski opened the hearing at 7:00 P.M. and stated the purpose of the hearing is to consider
issuance of a Variance. The Variance is being requested by W. Gohman Construction to allow for the construction
of a business sign for the First State Bank of St. Joseph.
St. Joseph Code of Ordinances 52.14 subd. 12. Business Signs states: Business or industrial signs may be erected,
attached or painted on to a structure, and maintained in conjunction with a commercial or industrial use provided:
a) That the area on one side of all such signs erected on one street rrontage of anyone premise, shall not
exceed fifty (50) square feet.
Greg Reinhart, President of First State Bank of St. Joseph, presented the plans to construct a 133.8 square foot
business sign for the bank facility, including drawings of the sign and proposed location. Reinhart stated that many
sign options were evaluated with the contractor and Scenic Signs regarding the size and location of the sign. Bank
officials choose the design with the smallest dimension to coordinate with the size of the building. Reinhart
presented scientific data supporting the need for the Variance to the Sign Ordinance.
· Utsch questioned if the sign will include other businesses located in the bank facility. Reinhart stated the sign will
only include First State Bank of St. Joseph and a message center.
Kalinowski clarified the Ordinance stating that the businesses located in the building could have a sign attached to
the building and all businesses would have to be included on the proposed detached sign. Kalinowski questioned the
purpose ofthe message center. Reinhart stated that the message center would include information such as the time,
temperature, and other bank messages. The lettercharacters on the message center will be 18 inches in height.
Utsch questioned if the location of the sign met all the setbacks of the lot. Reinhart identified the location of the
sign on the site plan and stated that the sign is within the setbacks of the lot.
Kalinowski clarified for the Planning Commission that the hearing involves First State Bank of St. Joseph requesting
83.8 square feet over the allowable 50 square feet as stated in the Ordinance. Ehlert stated that all of the new signs
along CSAH #75 have requested a Variance to the Sign Ordinance and the Planning Commission should consider
re-evaluating the standards.
Utsch questioned if the sign would decrease the visibility of the lot immediately to the east of the facility. A large
sign could impact a business locating to this site. Reinhart stated that the height ofthe sign is the same height as the
Casey's General Stores sign. The bank's sign should have no impact to any business locating to the east.
Schneider stated that the Sign Ordinance precludes a business from marketing their business on CSAH #75.
Schneider further stated that he is not opposed to the Variance request due to the fact other businesses along CSAH
#75 have signs that exceed the Sign Ordinance requirements.
Utsch moved to recommend that the City Council approve the 83.8 square foot variance to construct a sign
· for the First State Bank of St. Joseph with the following Resolution of Finding; Seconded by Schneider and
passed unanimously by those present.
November 1, 1999 Minutes
Meyer stated that most ofthe activities that take place in Millstream Park would not be adversely impacted. The
Campground and softball complexes have separate entrances, along with the soccer fields. Meyer stated he
· contacted the City Office and determined that the shelter and park area is rarely used during the week, including
Friday. The Farmers Market must have visibility the first year of operation and the Millstream Park site is key to its
success. Dunfer stated that Steering Committee wasn't aware that the Park Board needed to be involved.
Schneider questioned if a time of operation has been determined. Meyer stated that a specific starting and ending
time has not been determined.
Schneider questioned if the Steering Committee had alternative sites if the Millstream area did not work. Dufner
stated that the original site on Minnesota Street and 4th Avenue would be the alternative, but not desired by the
growers.
Schneider suggested that the Steering Committee considers the site east of the new bank building and he expressed
his concern with approving a business operation in a park or on public property. Meyer stated that the Steering
Committee did review this site and determined it not to be feasible due to the lack of access, congestion at the
intersection and the CSAH #75 crossing will be closed next summer. Carlson clarified that there is access to the
property :ITom County Road #13J.
Utsch suggested that the Steering Committee approach the Krebsbach property owners to use the vacant property
east of the Super 8 Motel. Dufner stated that the use of private property would require the growers to carry liability
insurance. The growers have expressed their concern with carrying liability insurance and the Steering Committee
does not have the funds to cover the cost.
Kalinowski requested that Ehlert provide some insight for the Planning Commission regarding how the Park Board
may address this issue. Ehlert stated that in his opinion the Park Board would favor such an operation at Millstream
Park and that the Park Board doesn't have the authority to govern whom uses the parks in the community. Ehlert
suggested that this issue be presented at the next Park Board meeting on November 24th to keep them in the loop.
· Dufner stated that a growers meeting has been scheduled for November 23rd and all the site arrangements need to be
firm by November 22nd. Twenty-four growers are expected to attend the meeting and a decision to proceed with the
project will be made that night.
Utsch questioned if the Planning Commission would need to hear a request for a Special Use Permit for the project.
Carlson stated that he would be contacting the City Attorney to get an opinion. Carlson anticipated that some kind
of permit would be needed. Carlson further stated that if a Special Use Permit is needed, a public hearing and a fee
would be required.
Ehlert stated that the Park Boardneeds to promote the parks and such a use would get people into the area. The
Farmers Market could reserve Millstream Park each Friday when they are in operation and conflicts would not occur
with the users of the park. Meyer again stated that City Staff informed him that the Millstream Park is only busy on
weekends and not during the week.
Utsch stated that the City should be giving the City residents first chance at using the park facilities and not a
business operation. Wahlstrom stated that it is her opinion that a majority of the park users are not :ITom the St.
Joseph community.
Graeve stated that the first year is crucial in establishing the market and the operation could be moved to a different
location at a later date. Graeve further stated that the market would create a fair like atmosphere in the CommlUlity.
Graeve expressed his opinion that the Millstream Park is lUlder-utilized at this point and the market can and needs to
work at this location. Kalinowski suggested that Millstream Park could be used for the first year and re-evaluated at
the end of the year. The Park Board would need to approve the terms of the agreement.
Graeve made a motion to approve the use of Millstream Park for the operation of a Farmers Market, with
input provided by the Park Board. Seconded by Ehlert.
·
November 1, 1999 Minutes
.
Discussion:
Schneider stated that the Planning Commission is missing a step. The Planning Commission cannot
. approve the use of Millstream Park without first consulting with the Park Board There has not been
enough information provided to make a decision.
Ehlert stated that a decision needs to be made since the Park Board doesn't meet prior to the growers
meeting on November 23rd Ehlert suggested that the Park Board members attend the City Council
meeting on November 18h and have the Steering Committee present their proposal that night. Ehlert
further stated that the Park Board would support the operation of a farmers market in Millstream Park
Meyer stated that Dtifner and he would prepare informational packets for the Park Board and City
Council. The packets would be mailed prior to the meeting and discussed with both boards present. The
request will be made limiting the use of Millstream Park for one year.
Carlson stated that a Special Use Permit may be required and a public hearing required The City
Attorney will be providing direction prior to the City Council meeting. Dufner stated that a Special Use
Permit and public hearing would create a financial hardship for the Steering Committee. Ehlert stated that
a public hearing would not be required since there are very few people that live within 350 feet of
Millstream Park, along with the fee for a Special Use Permit.
Motion Amendment:
Kalinowski made a motion to amend the previous motion stating the Planning Commission recommends to
the City Council approval for the Farmers Market to utilize Millstream Park for a period of one year from
the date of approval, contingent upon the Park Board receiving information from the Steering Committee
and approving the use of Millstream Park.
Graeve seconded the motion to amend and the amended motion passed unanimously by those present.
Northland Addition - Corridor Study:
. Carlson presented information prepared by Joe Bettendorf: City Engineer, regarding the proposed corridor options
for the Northland Addition.
Utsch stated that the Planning Commission needs to assess the information provided by Bettendorf and prepare a
recommendation to the City Council. The City has an obligation to provide alternative road corridors for the
Northland Addition. Ehlert concurred and stated he would bring any recommendation forward to the City Council.
The City Council must plan and secure easements for future roadways in the community.
Schneider stated that Option #1 appears to be the most acceptable alternative to alleviate the traffic congestion that
win occur on Gumtree Street. Schneider further stated that it is still difficult to see the ultimate effect on the
development without being able to review the development in its entirety.
Carlson detailed the procedures for approving plats as stated in the Ordinance. The Planning Commission has
approved the preliminary plat for the Northland Addition and has approved all the phases of the development.
Utsch suggested that since the railroad has donated their right of way to Steams County, could the City pursue
extending Fir Street to the west and connect to County Road #2? Ehlert clarified that the railroad donated the
property only west to County Road #2. The City would have to purchase right of way to extend Fir Street to County
Road #2.
Utsch suggested that extending Fir Street to County Road #2 needs to be considered as an alternative. Ehlert
concurred and stated that the City Council may embrace this alternative rather then crossing the tracks to Birch
Street.
Utsch made a motion to recommend that the City Council review Option #1 as an alternative road corridor
and take the necessary steps to secure the right of way for Option #1: Seconded by Schneider. The motion
. passed unanimously by all present
November 1,1999 Minutes
.
Resolution of Finding
· The request of First State Bank of St. Joseph for a Variance to the sign Ordinance came before the Planning
Commission at a public hearing held on Monday, November 1, 1999 at 7:00 P.M. in the St. Joseph City Hall. The
purpose of the meeting is to consider a Business Sign Variance for First State Bank of St. Joseph. First State Bank
of St. Joseph is requesting:
St. Joseph Code of Ordinances 52.14 subd. 12. Business Signs. Business or industrial signs may be erected ,
attached or painted on to a structures, and maintained in conjunction with a commercial or industrial use provided:
a) That the area on one side of all such signs erected on one street frontage of anyone premises, shall not
exceed fifty (50) square feet.
The property is legally described as: All that part of Lot One (1), Block Two (2) of Roske Addition, lying Westerly
ofthe following described line: Beginning at the Southwest corner of Lot 1, Block 2, Roske Addition; thence North
89029' 58" East 421.64 feet to the point of beginning of the line to be described; thence North 000 04' 23" East to
the North line of Lot 1, Block 2, Roske Addition and said line there terminating, according to the plat and survey
thereof, now on file and of record in the office of Stearns County Recorder.
The requests for Variance has been submitted by the W. Gohman Construction, 30M 8 County Road #133, St.
Joseph, MN 56374.
Notice of this matter was duly served and published.
In consideration ofthe information presented to the Planning Commission and its application to the Comprehensive
Plan and Ordinances of the City ofSt. Joseph, the Planning Commission makes the following findings:
The proposed variance is consistent with the standards for a Variance as stated in St. Joseph Code of
Ordinances 52.8 (a-e).
· Therefore, based on the above findings, the Planning Commission makes the following recommendation:
Approve the 83Jt square foot Variance to the maximum square footage allowable for business signs as stated
in St. Joseph Code of Ordinances 52.14 Subd. 12 for the First State Bank of St. Joseph:
Kalinowski closed the hearing at 7:25 P.M.
Farmers Market - Discussion of Location:
Angeline Dufner, representing the Steering Committee of the Farmers Market, presented a summary detailing the
establishment of the Farmers Market, history with the City Council, approved location on City property and the
proposed new location. The Farmers Market was scheduled to start this fall but was delayed until next year. The
Steering Committee also determined that the site located at the corner of Minnesota Street and 4th Avenue was not
suitable for the operation. Dunfer further explained that the proposed site at Millstream Park provided better
opportunities for visibility, space and traffic volumes. The Steering Committee has suggested operating the Farmers
Market one-day a week, preferably on Friday.
Utsch questioned the hours of operation and if stands or the shelter would be used to sell goods. Dufner stated that
the Farmers Market would operate on half-days to start and the growers would provide their own sale stands.
Kalinowski questioned what area of the park would be used. Dufner stated that the growers would utilize the west
end of the park near the horseshoe pits. Dunfer introduced Jim Meyer as a member of the Steering Committee.
Meyer clarified that the shelter would not be used to sell product unless the weather dictated the sale of produce
indoors.
Schneider stated his concern that the issue hasn't been presented to the Park Board prior to coming to the Planning
· Commission or City Council. Schneider further stated that there may be some impact to other activities that
currently take place at the park.
November 1, 1999 Minutes
Other Business:
Kalinowski stated that the problem with the Northland Addition is that information is being lost as phases of the
. development are presented to the Planning Commission. Phases of this development have occurred over a period of
years.
Weyrens suggested that the Planning Commission requires a final plat of the entire development be submitted within
one year of the preliminary plat as stated in the Ordinance and eliminate the phasing of the developments. Ehlert
stated that a final plat of the Northland Addition would have identified problem areas in the beginning of the
development.
Schneider stated that Planning Commission should recommend that the City Engineer review the option of
extending Fir Street to County Road #2. Carlson stated that the Planning Commission doesn't have spending
authority and should recommend the option to the City Council for action.
Utsch made a motion to recommend that the City Council review the option of extending Fir Street to County
Road #2 as an alternative road corridor for the Northland Addition: Seconded by Schneider. The motion
passed unanimously by all present.
Gary Schleicher, Northland resident, questioned if Gumtree Street was heading east to County Road # 133? Carlson
stated that the preliminary plat has Gumtree Street connecting with 7th Avenue.
Carlson presented the Planning Commission with the updated Zoning Ordinance Book. Carlson noted the efforts of
Weyrens in completing the Zoning Ordinance Book. Kalinowski thanked Weyrens for all her assistance with the
Zoning Ordinance Book.
Approval of Minutes - October 4. 1999:
Ehlert moved to approve the October 4, 1999 minutes of the Planning Commission with the following change
on Page #4, nth paragraph: "Elbert further stated that the industrial park project and Northland Drive were
included in the same bonding package and the City Council "eould" "did" not delay the bond issue";
. Seconded by Utsch.
The motion passed unanimously by all present.
Commissioner Announcements:
Ehlert questioned when the APO would get involved with City Council regarding the alternative road corridors for
the Northland Addition. Carlson stated that the APO reviews all plats submitted to the Planning Commission. The
APO has offered to assist the Planning Commission with analyzing the proposed alternatives by using computer
modeling.
Kalinowski requested that Carlson approach the APO with the suggested alternatives for the Northland Addition.
Carlson announced that he would be attending an annexation seminar on November 10, 1999.
Graeve suggested that Planning Commission should meet with Councilor Twit to discuss his proposal to start a
moratorium on any new rental units in the City of St. Joseph. Graeve stated that all the old housing stack suitable
for first time homebuyers are being purchased for rental units. Affordable housing is being lost. Ehlert stated that
the Planning Commission needs to review the Ordinance and present options to the City Council. Carlson stated he
would research the situation.
Adjourn: The meeting adjourned at ~:30 p.m.
4/Æ
Chad A. Carlson
Planning Commission Secretary
.
November 1, 1999 Minutes
·c" ..
· LAMBERT & ASSOCIATES
J'1hSt'.AtI BANKBDILDING
101 EAST 1D'nl1it.. smTE 910
sr. PAtJL, MN SJOt-l80S
MAJIX w. LAMI!II!R1' - .. - PHON!!: (fi~t) 224-4141
ATTORNEY AX LAW ~AX: (651) uw.na
DIRECT: ("'I) m.&t93
December I, 1999
BY TELECOPV
Members ofP1anning CommiJZ.gion
and City Cotmçß
City of St. Joseph
21 FtrSt Avenue NW
St. Joseph, MN 56374
Be; FioaI Plat of North Park Third AdditioD
Sf. Joseph, Minnesota
Ladies and Gentlemen: ¡
1
It appears that the requirements of tile PreIîmiD.II)' Plat ofNOItIl I'm Third Addition have
· been satisfied. I understand that Reagan Land Surveyïnghas finwarded to you the necessa:ty oopies
needed for final plat approval at the PJanning Commission and City Council meetings on December
6th and 18~ 1999, respeœvely.
I rcspeçffiilly mquest the City's final plat uppoval to tlüs subdiviliÏon. If you have my
additional qu.esti~ feel tree to contact me at your convenience. ~
.
Very Truly Yours, ,
¡
LAMBERT & ASSOCIATES
~~~
Mark W. Lambert
EncloSlll'es
.-
,
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·
:0 III S3:J I.:I.:IO A\\'1 STCg c:: Tg9 XV.:I 0::60 66/TOI:T
.. ~ 4-
V Rajkowski .
~~~~~~~~~! Ud.
11 Seventh Avenue North
P.O. 30x 1433
5t. Coud. MN 56302-1433 December 17, 1998
320-251-1055
To;1 Free 800-445-9617 The Honorable Kenneth Hiemenz
Fax 320-251-5896 Mayor of City of St. Joseph
316 East Minnesota St.
St. Joseph, ìvfN 56374
r a.~hòn:g:clolldnet.com
Re: North Park Third Addition Plat - Mark Lambert
Our File No. 18,889
Dear Ken:
I had an opportunity to review the file with regard to Mark Lambert's request for
approval of the Plat of North Park Third Addition. My review was triggered by .
Lambert's letter of December 7, 1998.
As we discussed, this matter would not be exempt from platting under Section 54.3,
Subd. 2, since it does not involve the replatting of a previously platted lot.
Therefore, it will be necessary to proceed with approval of the Plat. It is my
understanding from a review of the file that the Preliminary Plat was approved. It
~r3r.:.c J. Rajko\vski" also appears as though approval of the Final Plat was based on certain conditions
stated in a resolution of the Planning Commission. Those conditions consist of the
Gorcon ~, HansmeÎer following:
Frecer=c:, L. Grunke 1. Securing easements for the light pole and siren poles;
.....~ci"as ':3. Jovanovich· 2. Approval of drainage plans by the City Engineer;
3. Approval of the County Engineer with regard to any County Road 2 access
Jor-r. ,...4_ Scr.erer· issues; and
P3U: À. ~ajKO'."'Skη 4. An agreement for an easement for water tower maintenance.
Ke'J;n F. Gray It was also noted that the Final Plat should correct the zoning of the property and
',",!¡;¡;2m j. Cashman show it to be agricultural.
::rC:.')fd '.V. Sobalvarro I don't anticipate any problems with drainage or the County Road 2 issues. If the
eet'": s. Tr.omcson City still wants to require opinions with regard to those two issues, it certainly can, but
due to the present and past use of the property, these are probably not significant
î3~'cqet .'/1. ,-;~GGUI5: concerns. .
;..:::-:-? ~. Han~er.
'~~ar< :. ;"rreson
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! .I'.~ -" ·iJ
. The Honorable Kenneth Hiemenz
December 17, 1998
Page -2-
I have previously prepared a Cross-License Agreement to address the lights and sirens. I have enclosed
another copy for your review. This was sent to Mark Lambert in mid September, but I am not aware
of any reply. This should satisfy the condition with regard to the siren pole. We can add language to
the Cross-License Agreement with respect to the light pole as well.
I believe that the water tower maintenance easement will be a difficult issue to resolve. Quite honestly,
I do not believe that the City has a right to make this a condition of Final Plat approval. We certainly
could attempt to negotiate an agreement, but I believe that ultimately needs to be an issue separate
from approval of what is otherwise a permissible plat. To do otherwise would open the City to a claim
by Lambert that it acted in an arbitrary manner in denying the plat, and that it attempted to use the
platting procedure to deny him his right to compensation under the laws relating to eminent domain.
Essentially, by demanding the maintenance easement, it may be claimed that the City is condemning
that portion of his property. For that reason, I believe that the City would be better off dropping the
easement requirement, assuming that the property will remain as a parking lot and that Lambert will
be cooperative in allowing the City onto the property during the summer time to perform maintenance
as needed in the future. If any plans for the development of the property are presented, at that time,
the City would have to look seriously at acquiring the property, either by negotiated sale or eminent
domain.
. Therefore, it is my suggestion that Lambert be contacted and asked to submit a final plat to the
Planning Commission. It is my recommendation that with the final plat, the Cross-License Agreement
be presented as well. Prior to that time, the County Engineer and the City Engineer may submit letters
addressing County Road 2 access and drainage issues. I don't believe that anything more extensive is
necessary. With that information, the Planning Commission can make a recommendation with regard
to the plat, and the Council can take appropriate action.
Unfortunately, I cannot foresee any manner in which this will be accomplished by the end of the year
as requested by Lambert.
Ken, let me know how you want to relay this information to Lambert.
Very truly yours,
RAJKOWSKI HANSMEIER LTD.
By
John H. Scherer
JHS jbaz
Enclosure
. cc: Rachel Stapleton (w j enclosure)
[:\gen \ 18889\a!121798.011
.
. . .
LAMBERT & ASSOCIATES
FIRSTAR BANK BUILDING ·
101 EAST FIFTH sr., SUITE 910
ST.PAlJL.NUN 55101-1808
MARK W. LAMBERT PHONE: (651)224-4741
ATTORNEY AT LAW FAX: (651) 223-5318
DIRECT: (651) 223-5493
December 7, 1998
Mayor Ken HeÌmenz
and/or Rachel Stapleton
City of St. Joseph
21 First Avenue NW
St. Joseph, MN 56374
Re: Quit Oaim Deed for Railroad Property
St. Joseph, Minnesota
Dear Ken and Rachel:
Last December 30, 1997, I closed on the purchase of a parcel of excess land from the
Burlington Northern Railroad. Part of this land is within the City ofSt. Joseph and was the subject
of the North Park Third Addition Plat which I received preliminary approval for, subject further
discussions on the use ofthe land with the Mayor.
It appears that the Plat probably won't go forward at this time. However, the Quit Claim ·
Deed for the property has yet to be recorded because I was awaiting final plat approval to record with
the deed. To that end, please advise me as to what I need to do to receive the "approval stamp"
from the City so as to record the deed with Stearns Cmmty. I would like to record this deed before
year end or I will be forced to wait until October 15, 1999, when the railroad has agampaid all of the
property taxes that must be paid prior to dividing a parcel ofland.
I have enclosed a copy of the deed and drawing of the parcel. Please return this to me at
your earliest opportunity. If you have any additional questions, feel free to contact me at your
convemence.
Very Truly Yours,
LAMBERT & ASSOCIATES
/'7çJ~'? /d¿::/
~0 . /Ÿ ~
Mark W. Lambert
Enclosures
·
IÞ~~_ ~_þ
Page 3268
January 22, 1998
. Pursuant to due call and notice thereof the City Council for the City of St. Joseph met in regular session
on Thursday, January 22, 1998 at 7:00 p.m. in City Hall.
MEMBERS PRESENT: Mayor Kenneth 1. Hiemenz, Bob Loso, Cory Ehlert, Mary Niedenfuer, Ken
Twit. Clerk! Adnúnistrator Rachel Stapleton.
OTHERS PRESENT: Bradley Lindgren, Chad Carlson, Tom Jovanovich, Joseph Bettendorf, Ollie
Lesnick, Robert Lindvall, Steve Streng, Bob Wahlstrom, Ellen Wahlstrom, Marjorie Lesnick, Mark
Lambert, Michael Deutz, Jim Graeve, Meredith Lindrud, Jamie Phenow,
Mayor Hiemenz called the meeting to order at 7:05 p.m. with all Councilors present.
AGENDA: Loso made a motion to approve the agenda; seconded by Ehlert.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
MINUTES: Twit made a motion to approve the minutes of December 29, 1997; seconded by Ehlert.
Discussion - Ehlert stated there is a need to make the public aware that property in the Roske Addition is
being held for a Community Center. Loso stated the 1994 ballot question provided for the sale of a
portion of the property to defray the costs of the fire hall. Mayor Hiemenz stated the public has had input
in this decision and the matter is discussed in the Township Board's minutes.
City Attorney Tom Jovanovich stated the Township's position as part owner, is an issue as well. He
recommended the information be compiled to clarify the issue for the City Attorney to make a
recommendation.
. Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried
Stapleton stated the date on the minutes of January 8, 1998 was incorrect. Loso made a motion to table
consideration of the January 8, 1998 minutes to the next meeting; seconded by Ehlert. Discussion - Ehlert
recommended putting the minutes in the Council packet. rather than sending them out on Wednesday
after the meeting, Niedenfuer concurred as well as Twit, Loso and Hiemenz to this change in policy. nvit
recommended continuing to write the minutes within the current time frame.
DELINQUENT UTILITY BILL HEARING: Mayor Hiemenz opened a public hearing on delinquent
utility bills. No one appeared to contest their bill. The hearing was closed
NORTH PARK THIRD ADDITION - PRELIMINARY PLAT: Ehlert stated the Plarlning
Commission reconsidered the Preliminary Plat of North Park Third Addition and have presented the
Council their recommendations and findings. Tom Jovanovich, Attorney representing the City. stated the
first request for this plat included R-3 zoning. The parcel could not meet the zoning requirements for R-
3. therefore Lambert withdrew the request for R-3 and acknowledged the property is zoned agricultural.
The Council discussed the Planning Commissions findings of fact and conditions of the Resolution.
Jovanovich discussed NO.5 (of the Planning Commission' s resolution) "The City of St. Joseph and Mr.
Lambert shall negotiate a resolution or agreement relating to an easement for maintenance on the City
water tower before final plat approval." He stated the City has the follo\',ing options
I. The City could do nothing.
2. The City could work out an agreement with Lambert. addressing granting easements. sharing in costs
of parking lot. a maintenance agreement. and/or jointly own.
. 3. The City could condemn the property.
Mayor Hiemenz stated another option could allow the City to work out a land exchange agreement
benefiting both Lambert and the City.
,
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Page 3269
January 22, 1998
Lambert questioned the amount of easement area needed for maintenance of the water tower. City
Engineer Joe Bettendorf clarified 120 feet radius from the center of the water tower is needed. .-
Lambert further stated he could look at an R-3 use for the property in the future. He is willing to negotiate
and wishes to keep his options open.
Loso made a motion to accept the Planning Commission's findings and made a motion to accept their
. resolution accepting North Park Preliminary Plat with the conditions set forth; seconded by Ehlert.
Discussion - Twit expressed reservations on working out an agreement as previously discussed
Jovanovich stated all the conditions would have to be approved before the final plat is approved. If an
agreement cannot be reached a final plat cannot be approved. He further discussed that two conflicting
uses are being put forth before the Council. If the Council wishes to condemn the property it is less costly
to do it now than later.
Ayes: Hiemenz, Loso, Ehlert, Niedenfuer, Twit.
Nays: None. Motion carried.
On Mayor Hiemenz' s asking Lambert about outstanding bills associated ",ith this plat, Lambert stated
they would be taken care of within a couple weeks.
POND VIEW RIDGE FIFTH ADDITION: Ehlert discussed a proposed development of Pond View
Ridge Fifth Addition to be developed as a PURD with patio homes interspersed within the development.
The proposal would designate specific lots to be used for patio homes. Council discussed the effect and
concern this allowance could have on existing home owners in Pond View Ridge and felt they should be
allowed input in the decision. They further discussed the covenants the developer had placed on
properties in previous Pond View Ridge Additions. Ehlert stated the developer \'fished to consult \\1th the
Council during the planning process. The Planning Commission will consider the matter.
CHIEF OF POLICE REPORTS: Chief Bradley Lindgren gave the fourth quarter Police report. He also .
gave a statement concerning the recent allegations of sexual assault on the campus of the College of 5t.
Benedict, indicating the Police Department has not been able to do an investigation because there has
been no contact by the victims nor have complaints been filed.
Lindgren also reported the roof is leaking again in the Police Department. The roofing company agreed
to come out again. when Richard Taufen contacted them about the problem.
Many of the items on the police report were discussed. including alcohol. miscellaneous public. assist to
other agencies. and traffic citations. Lindgren indicated about two traffic warnings are issued for every
citation issued.
Lindgren discussed the status of hiring a new officer. Of the eight candidates still interested in a position
in S1. Joseph (from the last hiring process), six were inten;ewed by the Hiring Committee. Jason Dahl
was recommended pending passing the background check. which he has since passed. A background
check was completed on Jason Dahl and he passed. Niedenfuer made a motion to hire Jason Dahl. based
on the Hiring Committee and Chief s recommendations: seconded by Ehlert. Discussion - Officer Dahl
should begin employment as soon as possible.
Ayes: Hiemenz. Loso. Elùert. Niedenfuer. T\\i1.
Nays: None. Motion carried.
Lindgren discussed the need to purchase a new squad car. With the three squad cars. he has assigned two
officers to each squad car. thus reducing the wear and tear to each squad car (that is caused by many
different dri\;ng patterns). He discussed the methods used to reduce vehicle wear and recommended
purchasing a Che\Tolet Lumina on the State bid of $18.200. \\ith retiring the 91 Che\TOlet. After .
discussion Ehlert made a motion to purchase a new Che\Tolet Lumina Squad Car on the S~t€\ bid of
$18.200. and dispose of the 1991 Che\TOlet Squad Car through a sealed bid process. The m~an was -
seconded by Niedenfuer.
Ayes: Hiemenz. Loso. Ehlert. Niedenfuer. T\\Ït.
STEARNS COUNTY ffiGHWAY DEPARTMENT
COUNTY PLAT REVIEW
COUNTY ENGINEER
. Plat Name No,!! pqrk -ø rei -i,lJ-I-/o¡/J
General Location S; ~/o - T/G4 - 12 fiv./(C.Á!v of Z5fJo.5~j)^ )
Date Viewed ~I-, /7 /99'7 I I. '
Adjacent Roadway r..c 11J H L .
Roadway Functional Classification:
D ¡
Principle Arterial
[Z] Minor Arterial
D Collector Street
D Local Access
Traffic Volume on Adjacent Roadway
Checklist of Engineering Concerns
. Access Management Ii=ess +0 pO-ell/',! od¡a~p.rJ-I- In G5IJ..!{Z
g h;;~~~~;~:;¡,~ð:~ ~3/~:~ :::-Z $'0'"
011 e. () n ('rfJ, e r .
I + 1.:5 IlO!- affhret?/ If d,C¡f/Je2Je I~'" /.0
r. t:!J1 Q raM
cr.
Traffic & Public Safety r;¡(>o~(' I ~r- I'J-PP-.sd- J II-kr-seehðns ".I
~1e5J¿ -1-0 ¡?raiD <?.-' ";,cL'e.s.S -J-o f(}r'L"7 e-reak.s 1M
/J rePb/e ô,f.VCL 1()J7 I
I have inspected the above named plat for concerns relating to standard engineering practice and
. ~~+ - ¡r7/r;7
Date /
revised 3/11/97
,. ,
tk"PL"'CHMENT "A" t J 22 1998 City Council minutes
,:'.Jj! '.. . . 4 0 anuary ,
. CITY OF ST. JOSEPH PLANNING COMMISSION
FINDINGS OF FACT AND RESOLUTION REGARDING DEVELOPMENT
REVIEW APPLICATION BY SUMMIT MANAGEMENT, INC. FOR
PLAT SUBDMSION AND REZONING
BACKGROUND AND RECITALS
1. On October 3, 1997, Summit Management, Inc. and Mark Lambert, Trustee
of the M.W. Lambert Trust, submitted a Development Review Application to the City of S1. Joseph
for rezoning and plat subdivision for property located within the City of S1. Joseph. (See Exhibit
1).
2. The legal description of the property subject to the rezoning and plat
subdivision request is:
That part of the following described right of way which lies east of the northerly
extension of the east line of Block 2, Loso's 6th Addition, according to the recorded
. plat thereof, City of S1. Joseph, Stearns County, Minnesota, to wit:
That portion of the Burlington Northern and Santa Fe Railway Company's
Ý {if (Formerly Great Northern Railway Company) right of way, situated in the NW1¡4 of
pð 1 Section 10, Township 124 North, Range 29 West of the Fifth Principal Meridian,
J¡"oi f)J ~ Stearns County, Minnesota, lying Southwesterly of a line drawn parallel with and
distant 50.00 feet Southwesterly, as measured at right angels from said Railway
I /1 ¡t?111Ý Company's Main Track centerline, as now located and constructed, and lying
í¿~d Northeasterly of the Northerly line of North Street, according to the recorded plat
of S1. Joseph, Minnesota, bounded on the West by the Northerly extension of the
East line of Lot 14, Block 2 of Loso's 6th Addition of S1. Joseph, and bounded of
the East by the Northerly extension of the East line of Railroad Street (1st Ave.
N.E.), according to the recorded plat of S1. Joseph, Minnesota.
,., The requested name for the plat is North Park Third Addition.
~.
4. A public hearing on the matter was set for Monday, November 3, 199ï, at
ï:30 p.m. in the City Hall before the S1. Joseph Planning Commission. Notice of the public hearing
was provided as set forth in Exhibit 2.
5. The City requested review and comment on the proposed rezoning and plat
. subdivision by the City .Ä.ttorney, City Engineer, City Fire Department and other governmental
entities. The City Attorney's comments are contained in Exhibit 3. The City EngÌneer's comments
... ... . -
r ., .
r
are contained in Exhibit 4. The St. Joseph Fire Department's comments are contained in Exhibit .
5. The St. Cloud Area Planning Organization's comments are contained in Exhibit 6. The Stearns
County Highway Department's comments are contained in Exhibit 7. The comments of Sunset
Manufacturing Company are contained in Exhibit 8. The above exhibits were made a part of the
record at the hearing.
6. The City Attorney expressed concern that the lot did not meet minimum
requirements for R3. (Exhibit 3). The City Engineer expressed concerns regarding drainage. The
City Engineer also expressed concerns regarding rezoning of the property to R3, which is located
next to the City water tower. The City Engineer pointed out that in 1993, the location of the water
tower was specifically located in an area which provided sufficient clearance and was zoned
agricultural. Rezoning of the property to R3 may not be a compatible use to other adjacent
properties. (Exhibit 4). The St. Cloud Area Planning Organization expressed concerns regarding .
future right-of-way space for CSAH 2 and suggested that an additional 17 feet of right-of-way on
both sides of the roadwav be obtained in order to create a lOO-foot right-of-wav for future roadwav
ø' .........
improvements of CSAH 2. (Exhibit 6). Tne Stearns County Highway Departmem expressed
concerns regarding drainage and offset intersections at CSAH 2, which would create an undesirabìe
situation from a traffic and public safety standpoint. (Exhibit ï).
Î. At the public hearing on November 3. 199/, Lambert withdre'.v his request
for rezoning the property to R3, and requested that the Planning Commission act only on the
piatting request. (Exhibit 12).
8. After all testimony and comments had been made. the Planning Commission
passed a recommendation to deny the prelimin:uy plat of North P:lrk Third Addition based on the
following reasons:
.
..,
-.
.... .
.
* Since the developer withdrew the R3 rezoning request, there was no
development plan for the plat.
* Lambert could still use the property for the intended use of a parkin:g lot
without the necessity of a plat.
* The City had received letters from the City Engineer, Stearns County
Engineer, and St. Cloud Area Planning Organization expressing concerns if
the property were platted for development.
9. On November 20, 1997, the City Council considered the Planning
Commission's recommendation on the preliminary plat proposal for North Park Third Addition.
Mr. Lambert showed the City Council his intended use of the property, which was a parking lot for
his current student housing. Mr. Lambert offered to waive the requirement that the municipality
. act on the proposal within 60 days of receiving a full application. The City Council then referred
the matter back to the Planning Commission pending Mr. Lambert's preparation and submission
of a land use plan showing parking areas, ingress and egress, easements and any other pertinent
issues.
10. On January 5, 1998, the Planning Commission held another public meeting
on Mr. Lambert's subdivision request for North Park Third Addition. Mr. Lambert submitted a
land use proposal which showed the parking for the proposed subdivision. (Exhibit 9).
FINDINGS OF FACT
Based on the evidence submitted at the two hearings which occurred on November
3, 1997 and Januarv 5, 1998, the Planning Commission makes the following fIndings of fact:
'" - - -
1. At the time Summit Management, Ine.. through Mr. Lambert, Trustee of the
. M.W. Lambert Trust, made the application for rezoning to R3 and request for subdivision plat, the
3
. ..11
applicant did not own the property. The fee owner of the property at the time of the application ·
was Burlington Northern and Santa Fe Railroad Company.
2. During the course of the public hearing on November 3, 1997, Mr. Lambert
withdrew his request for R3 rezoning of the subject property.
3. The subject property is zoned as agricultural.
4. The City water tower is located on property immediately adjacent and to the
south of the subject property. The City water tower was constructed in 1993. At the time of
construction of the water tower, the subject property was zoned as agricultural and provided the
needed open space for a municipal water tower.
5. The applicant purchased the subject property from the Burlington Northern
and Santa Fe Railroad Company on December 30, 1997. The property being purchased from the
Railroad is being split from other property owned by the Railroad within the City of St. Joseph. ·
The parcel size and configuration was a matter of negotiation between Mr. Lambert and the
Railroad.
6. The subject property is appropriate for platting as a parking lot under an
agricultural zoning district. The use as a parking lot is consistent with the pre-existing uses
surrounding the property.
BE IT RESOLVED AS FOLLOWS:
The preliminary plat as requested by the applicant. Summit Management. Inc.. and
\;brk Lambert. Trustee of the \;L\V. lambert Trust. is approved as an agricultural district with
plans for the construction and maintenance of a parking lot under the following conditions:
1. The five-acre requirement for an agricultural district is waived based on the
past use of the property.
·
4
.
~" ~
.
2. Easements will be secured for the light poles and siren poles as outlined in
."
a letter from Mark Lambert to Deputy Clerk Judy Weyrens, dated January 5, 1998. (Exhibit 10).
3. Drainage plans must be approved by the City Engineer prior to final plat
approval.
4. The County Engineer must provide an opinion and the applicant must comply
with any requirements set by the County Engineer regarding access to County Road 2 prior to [mal
plat approval.
5. The City of St. Joseph and Mr. Lambert shall negotiate a resolution or
agreement relating to an easement for maintenance on the City water tower before final plat
approval. Exhibit 11 contains a description of the easement needed for the water tower.
6. The preliminary plat contians errors on zoning classification. The Planning
. Commission requires that this be revised and that the property be properly designated an
agricultural zoning classification before the City Council gets the preliminary plat.
This Resolution is adopted this dav of January, 1998.
-"
ST. JOSEPH PlA1.~ìNG COMMISSION
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