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HomeMy WebLinkAbout2002 [01] Jan 17 I I I I I I January 17, 2002 Page 1 of 7 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular sessioh on Thursday, January 17, 2002 at 7:00 PM in the St. Joseph City Hall. ! Members Present: Mayor Larry Hosch, Councilors Cory Ehlert, Bob Loso, AI Rassier, Kyle Schneider. I Administrator Clerk Judy Weyrens, I City Representatives Present: City Attorney John Scherer, City Engineer Joe B~ttendorf, Police Chief Pete Jansky, Public Works Director Dick Taufen. Others Present: Chris Vance, Matt Chouiard, Tim Muske, Mark Lambert, Bob Herges, Rick Heid, Mel' Butkowski I Approve Aaenda: Rassier made a motion to approve the agenda with the deletion of item 3 (a) Bills Payable and #6 Building Official Report and the addition of item 13 (a) Fire Department Gambling License request and 13 (b) Police Federation Mediation. The motion was seconded by Ehlert and passed unanimously. Consent Aaenda: Loso made a motion to approve the consent agenda as follows: , a. b. c. d. Deleted Approve the minutes of January 3, 2002 Accept the Mayor's Appointments (See Exhibit "A'1 i Authorize the Mayor and Clerk to execute application for payment #4 authorizing payment in the amount of $ 31,112.46 to Larson Excavating Inc. ¡ Authorize the transfer of the gambling permit of the St. Joseph Jaycees from the current location of St. Joe Gas & Bait to St, Joe Amoco Liquor. I e. The motion was seconded by Schneider and passed unanimously. Public Comments to the Aaenda: No one present wished to speak, ! Variance Reauest. Jovce Albrecht of Subwav Foods: The Council reviewed the variance request of 1 Joyce Albrecht of Subway Foods, The variance requested relief from the exterior requirements to alloW a metal accessory building to be placed in a Highway Business Zone, The Planning Commission recommended the Council deny the variance request as it does not meet the standards for granting a variance, Loso made a motion to adopt the following findings, denying the variance request. Findings ' I The request of William Nelson for a variance came before the Planning Commission at a public hearing held on January 7,2002, The purpose of the hearing was to consider a 100 percent I variance on the exterior requirements in the Highway 75 Zoning District. The variance is being sought to allow an 8' x 10' accessory building to be constructed without meeting the exterior requirements, St. Joseph Code of Ordinances 52,22 Subd, 7 (c) states acceptable building materials shall include brick, stone, tip-up concrete panel, decorative concrete block or glass, Wood siding, plastic and other combustible materials not listed as acceptable shall not be used for building exteriors. ¡ , I The property is legally described as follows: Lots 13, 14 and the west 31 feet of Lot 15 Block 2 Loso's 3'" Addition, located at 217 County Road 75 West. ¡ , , In consideration of the information presented to the Planning Commission and its application to the Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission makes the following findin¡¡s: I January 17, 2002 Page 2 of? The proposed development is not consistent with the standards for granting a variance as stated in St. Joseph Code Ordinances 52.8 subd, 8, Therefore, based on the above findings the Planning Commission makes the following recommendation: I Denial of the 100% variance on required exterior building material. The Commission further recommends the property owner be allowed to keep the building until June 1, 2002 allowing the property owner time to explore alternative solutions, for storage. The motion was seconded by Ehlert and passed unanimously. MAYOR REPORTS Proposed Budaet: Hosch requested the Council begin planning for a budget shortfall if the legislature accepts the Governor's proposal for the reduction of Local Government Aid. Information provided by the League of Minnesota Cities indicates that St. Joseph will lose approximately $; 50,000 of revenue in the event Local Government Aid is reduced, Therefore, Hosch requested the Council consider a hiring and capital expenditure freeze, Loso made a motion to freeze all hiring and ca,pital expenditures until June 1, 2002. The motion was seconded by Hosch. Discussion: Schneider stated that he is opposed to the freeze as he does not see it will become an issue. All capital expenditures are approved by the City Council and can be reviewed on a case by case basis, Rassier stated that it is his opinion that the Department Heads are fiscally responsible and the Council does not need to impose a spending fre,eze. However, if the Council is attempting to make the Department Heads aware of the potential loss, he would agree with that. Ehlert concurred with Rassier and stated that the City has always been cautious with spending and is not sure if a freeze is necessary, Loso stated that as difficult as it was to finalize the budget, if the City is faced with budget cuts in excess of $50,000 planning needs to begin. Ayes: Hosch, Loso, Ehlert Nays: Schneider, Rassier Motion Carried 3:2:0 I Miscellaneous Meetinas: Hosch reported that he recently attended the Transportation Forum sponsored by the St. Cloud Area Planning Organization. Hosch stated that he would like the City to schedule another Transportation meeting and discuss adoptiol1 of an official map to preserve future major corridors. Graceview Estates, Bob Heraes and Rick Heid: Bob Herges and Rick Heid approached the City Council requesting approval of the preliminary plat for Graceview Estates. The Planning Commission on December 19, 2002 recommended the City Council approve the Preliminary Plat for Graceview Estates with the following contingencies: 1, 2. 3. 4. The following Avenues are posted as 7 ton roads: 4", 5", and-jh The northern access to County Road 121 will be moved to Lot 5 Block 8 The property abutting 95" Avenue will be developed with bay homes rather than the proposed town homes. The Park Board allows the paved walking path to meet the park dedication requirement. A temporary construction road will be located at the access mentioned in #2 above, Only phase one of the development can be approved without a paved access to County Road 121. It shall be the responsibility of thl~ developer to come to an agreement with the adjoining property owner to secure access to County Road 121, If an agreement cannot be reached the developer should notify the Planning Commission. Approval of the City Attorney and Building Inspector. I 5. 6. 7, I I I , I ! I January 17, 2002 , Page 3 þf 7 Approval of the City Engineer - meeting all the requireients detailed in a lettJr from the Engineer dated November 28, 2001 I Herges stated that the first phase of development will include 27 single family homes and 28 bay homJs. In an attempt to resolve the access issue, Herges stated that he met with representatives of the College of St. Benedict and they have not expressed interest in selling any additional property. The College is ! working with Centra Care to construct a medical facility near this site and the proposed road would abut this property. Rassier stated that the Planning Commission has concerns if the development proceeds without an access to County Road 121, The residential streets adjacent to the proposed development I were not designed to handle the volume of traffic that would be generated by this development. Herges expressed frustration and stated that he started the platting process in October, and the acces~ was not discussed until December, Based on the favorable response of the Planning Commission and City Council Herges received in October he closed on the property, If he had been àware of the concern there is a good chance this issue could have been resolved. However, Herges stated he has made I numerous attempts to purchase the property to provide an additional access and has not been successful. . i I City Attorney John Scherer responded that the City is supportive of the development and is willing to wÇ>rk together to resolve the outstanding issues, However, the concept plan presented in October is not a I detail plan and until engineering reviews the plan and the public hearing is conducted the issues cannot be identified. I I City Engineer Joe Bettendorf stated that the access to County Road 121 may not be logistically possibl~ for 2002 as County Road 121 will be reconstructed. When questioned if Stearns County will grant an I additional access to County Road 121, Bettendorf responded that the accesses will be limited with stric;ter provisions for driveways, The proposed road recommended by the Planning Commission would serve I both the Graceview development and the remaining property owned by the College of St. Benedict. I , 8, Loso questioned the need for the additional access and indicated in his opinion the additional access I could cause a traffic problem at County Road 121, Hosch stated that a road needs to service the 'I proposed development so that excessive traffic is not routed through existing neighborhoods, Loso responded that constructing a road does not guarantee that people will use the road and typically people will take the shortest route possible; which in this case may be the residential neighborhood. I Ehlert stated that he is not in favor of generatin9 additional traffic through the Eastern Park Addition. The roads were not constructed to handle considerable traffic and the roads are narrow. Ehlert suggested I that as an alternative the Council look at East Baker Street and change the characteristics similar to that of Minnesota Street. Removing the stop signs would move traffic faster and may entice residents to use this route. I I I Bettendorf stated that before the Council accepts the preliminary plat the access issue and utility ¡ easements should be secured, At this time the utility lines are~proposed to be extended along the 'I southern property line of the College of St. Benedict and then into Graceview Estates. The developer should negotiate the easement and include the document with the preliminary plat. Ehlert concurred with Bettendorf that the two remaining issues should be resolved, as it is his understanding once the preliminary plat is approved it cannot be altered, i Hosch stated that he has some concerns as to where the proposed southern access, (known as Field Street), has been placed on the preliminary plat. At a recent meeting facilitated by the St. Cloud Area Planning Organization they Informed the City that before a road can be mapped an extensive study must be completed. Therefore, Hosch requested the Council consider requiring the developer to designate the southern 60 feet of the plat as a right-of-way easement. Herges stated that he is willing to change the I plat to accommodate the 60' right-of-way for the purpose of construction of a roadway, January 17, 2002 Page 4 of 7 Herges questioned whether the preliminary plat can be approved and at the same time he would continue working on the access and easement issues. Herges stated that due to the cost of holding the property, he would like to continue in an expedient manner so that construction can begin this summer. Scherer recommended that the preliminary plat approval be tabled until the issues have been resolved. However, in an effort to assist the developer the final plat and preliminary plat could be worked on simultaneously with one presentation to the Council, Linda Brown and Tom Herkinoff, engineers for Graceview, stated they could make the changes as requested by the Council and have the information ready for the next meeting. Hosch concurred with Scherer and the proposed developers along with City Staff should meet with representatives of the College to further discuss the access. Herges questioned the fate of the project if the access issue can be resolved, Scherer stated that the City has the ability to use eminent domain, but considers this a last resort. He is confident that an agreement can be reached. Ehlert requested that Scherer provide the Council with an outline of the condemnation process, Hosch made a motion to table the PURD application requesting a special use permit to develop 91 acres known as Graceview Estates until February 21,2002. The tabling is necessary to try and secure right-of-way for an access to County Road 121 and utility easements along the southern property line with that owned by the College of St. Benedict. The motion was seconded by Loso and passed unanimously, Rassier made a motion to extend the 60 day action requirement on a land use request until February 21, 2002. The tabling is necessary to secure the road right-of-way and utility easements, Discussion: Ehlert requested clarification on the motion and if the property owner is required to request extension of the 60 day requirement. Scherer responded that the City can extend the 60 days if additional information is needed and at the time of the extension the Council must clarify what information is needed. The motion was seconded by Schneider and passed unanimously. Encroachment of Easement Bob Herges requested the Council allow an encroachment on the storm sewer easement for Lot 1 Block 1 Pond View Ridge Six, There is an easement on the north property line for both natural gas (25 feet) and storm sewer (20 feet). The combination of the easements reduces the front footage to 60'. The party who purchased the home is constructing a large home with a two car garage, The garage will extend over a portion of the easement by eight (8) feet. If the wrap around porch is eliminated the encroachment would only be three (3) feet for a distance of 18 feet. Herges stated that he is willing to pour an eight (8) foot concrete wall to provide shoring in the e\fent that the stomn sewer had to be excavated and repairedireplaced, Rassier stated that he is opposed to releasing an easement as it has been filed with the plat and the City may need to access the easement at some point. Bettendorf concurred with Rassier and stated that the City already has situations were pipes cannot be excavated with ease because of a lack of an easement. In a case where the easement is provided Bettendorf does not recommend releasing the easement. Loso made a motion to allow up to a three (3) foot encroachment on thie storm sewer easement Tor Lot 1 Block 1 Pond View Ridge Six. The encroachment shall be limited to 18' in length and the contractor will install an eight (8) foot wall along the encroachment area. The motion was seconded by Ehlert. Ayes: Hosch, Ehlert, Loso, Schneider Nays: Rassier Motion Calrried 4:1:0 Recess: Loso made a motion to recess; seconded by Schneider, Ayes: Hosch, Loso, Schneider, Rassier Nays: Ehlert Motion Carried 4:1:0 The meeting was reconvened at 8:20 PM I I I I I I January 17, 2002 Page 5 'of 7 ¡ I Mark Lambert - PURD Reauest. 44 Unit Apartment Complex: Mark Lambert appeared before the I Council to request approval for a special use permit and height variance to construct a 44-unit apartment building, The building is proposed to be built on Lot 1, Block 1 Indian Hills Plat. . Lambert stated that h¢ approached the Planning Commission in October 2001 with a concept plan and the Planning Commis~ion scheduled the public hearing for December 5, 2001, Lambert expressed frustration as to the length of: time it has taken to complete the process, The public hearing was tabled to December 17 and then to I January 7, 2002. At the last meeting the Planning Commission recommended denial of the application based on the height and location of the building, i Since the Planning Commission meeting, Lambert stated that he has revised his plans lowering the I building by five (5) feet and moving the northerly access approximately 60 feet south. The access was moved due to public safety concerns, In response to the neighborhood concerns, Lambert stated his is willing to construct a privacy fence or a berm, Lambert requested the Council accept the revised plan imd approve the special use and variance request. i Joel Heinen of 506 Fir Street East approached the Council expressing opposition to the project. Heinen stated that when he purchased his property, the property in question was zoned as Commercial. Shortly before he purchased his home the zoning classification on the property in question was changed to R3¡, multiple family. Since he was in the process of building his home during the rezoning process he was not notified of the proposed change, Heinen requested the Council consider denying the application request as it is in his opinion the building is too large for the site proposed, However, if apartments were to bel constructed he would prefer three or four twelve unit buildings. I Chris Vance of 516 Fir Street East spoke in objection to the proposed apartment complex, Vance stated that he too was unaware of the rezoning and would not have purchased his property had he been made aware of the rezoning. In the past weeks he has had the opportunity to review the plans and the St. i Joseph Code of Ordinances and does not feel that Lambert has fulfilled the requirements. Vance stated it is his opinion that the plans are incomplete and the neighborhood was misinformed, At the first Planning Commission meeting the residents were informed that the building would be lower than the existing I homes on Fir Street. However, since that time it has been determined that the building will actually have a higher elevation than the existing homes, Vance further stated that the Ordinance provision for a PllRD requires that the development must minimize the effect to the neighborhood, In his opinon this proposal does not. Vance stated his concerns are traffic congestionlaccess on Northland Drive, headlights ! projecting into the residential homes and the height of the proposed building detracting from the present view. Matt Chouiard of 522 Fir Street East questioned the rezoning process and stated he too was unawarelof the rezoning. Chouiard questioned the effect of the apartment complex on his property value and requested the Council deny the request of Mr, Lambert, . Hosch stated that he is encouraged that Lambert has reduced the height of the building by five (5) feet: and modified the plan based on the recommendations of the Planning Commission, Since the plan is I significantly different than that presented to the City Council, Hosch recommended Lambert re-submit [lis plans to the Planning Commission. . I , Ehlert questioned the height of the building in relation to the existing homes, He stated it would be helpful to him if Lambert would cross section the homes with the apartment building showing the elevation of I each, .. I. I Lambert stated that while he is trying to work with the neighborhood, at some point the Council will have to make a decision, Lambert stated that he owns a parcel of property that is zoned R3 Multiple Family; and has submitted the required information, Further, he does not see in the Ordinance where he has to appear before the Planning Commission again. The Commission has recommended to deny the request and he has reservations about going back to the Commission. Lambert further stated that the parcel January 17, 2002 Page 6 of 7 property in question is a difficult parcel of property to develop due to the elevaltions, but he is confident that the plan presented will fit into the neighborhood, Hosch stated that the residents have expressed a desire to have four small buildings versus one large building. Lambert stated that the housing he is proposing will be affordable housing and if separate buildings are constructed the construction costs increase, reflecting higher rents, Hosch questioned if the building can be lowered by ten feet. Lambert stated that the building can be lowered but it is not cost effective as he estimates the cost of excavation and dirt removal to be in excess of $ 100,000. I Scherer responded that the City and Council must make a decision based on the regulations set forth in the St. Joseph Code of Ordinances, There are standards for granting a special use permit and the Planning Commission recommended denial based on specific findings, Since the plan has been changed it is appropriate for the petitioner to re-appear before the Planning Commission, Rassier reported that the Planning Commission had concems as to the location of the access that will serve the property, When the Planning Commission reviewed the plat for Indian Hills Park it was the recommendation of the Commission to only allow one access for each block in the plat. Therefore, the Commission requested Lambert to move the access to the center lot line of Block 1. Lambert responded that the property would best be served with a separate access for each lot. Further, it is his opinion that the elevation of Northland Drive would make it difficult to construct a road on l!he centerline. Ehlert responded that it is his opinion as well that the road be placed on the center lot line and believes that Lambert purchased the property knowing that the road was intended to be placed on the center line. Ehlert also questioned if it would be more cost effective to construct the road at the same time the site is being developed, Schneider agreed with Ehlert and requested the revised plan be submitted to the Planning Commission for reconsideration. Scherer stated that at this time the Council has two options: 1, Approve the plan as revised 2, Deny the original application and allow the revised plan to be submitted as a new application waiving the applicable fees. I Lambert stated that he would request the plan be tabled rather than denied, Lambert stated he can present the Planning Commission with the following revisions: 1) Re-designing the roof, lowering the building five feet; 2) create a berm for privacy for the abutting property; 3) Construction of a privacy fence on the rear lot line. Hosch made a motion to table the PURD application and variance request of Mark Lambert provided the developer agrees to waive the 60 day land use action requirement. The matter will be placed on the February 4, 2002 Planning Commission agenda and the February 21, 2002 City Council agenda. The following information should be presented to the Planning Commission for consideration: 1. A cross section of elevation showing the relationship of the homes on Fir Street and the proposed apartment complex 2, Plans for a natural berm for privacy 3. Access be re-addressed 4. Curb and gutter plans are reviewed 5. Drainage easements need to be secured and revised 6, Overlay cost needs to be addressed 7. Provide for snow storage along Northland Drive 8. Satisfy the requirements of the Fire Chief 9. Satisfy the safety requirements for the access CITY ENGINEER I The motion was seconded by Rassier and passed unanimously. I I I January 17, 2002 Page 7,of 7 Watab Sewer Outlets: Bettendorf discussed the need to budget to replace the storm sewer outlet in I Hollow Park, The outlet is cracked and is ne.ed of replacement, but it is not crucial at this time. Due tq budget constraints the Council agreed to consider this matter at a later time, I , Outlots: Bettendorf reported the City has been approached to assume ownership of the outlots in the new developments, The Council needs to determine if the outlots should be private or public ownership. Bettendorf will provide the Council with additional information at the February 21, 2002 Council meeting. COUNCILOR REPORTS LOSO No Report RASSIER Firefiaher Retirement Rassier reported that three firefighters have recently retired from the Fire Department. They are as follows: Jerry Baggenstoss, 25 years of service; Ken Twit, 23 years of service; Duane Pfannenstein, 23 years of service. The Council acknowledged the tremendous contribution that the retirees have contributed to the community of St. Joseph. EHLERT Maintenance Facilitv: Ehlert stated that he Loso, Dick Taufen and Dean Wick recently met to discuss the proposed maintenance facility, It is recommended that before further plans are drafted the property ! where the current maintenance facility is located should be surveyed. Ehlert also reported that Dean ' Wick of OSA has been working with the committee to design the new facility and has prepared a sample contract if further work is to be completed. Loso made a motion authorizing the expenditure to survey the property where the current maintenance facility is located. The motion was seconded by Ehlert and passed unanimously I I Proiect Coordination: Ehlert questioned Bettendorf when the planning for the street projects will begin, The St. Joseph Lions would like to discuss the project to help alleviate problems for the 4th of July. ! Bettendorf responded that a meeting has been scheduled for February 5, 2002 at 10:30 AM to discuss projecUevent coordination. . . , i ADMINISTRATOR CLERK REPORTS i I Gamblina License: Weyrens reported the Fire Department has submitted two Exemption from Lawful I Gambling applications for events to be held on April 12, 2002 at the La Playette and August 16, 2002 at the EI Paso. Both events are fund raising events for the Fire Department. Rassier made a motion to accept the Exemption from Lawful Gambling License applications for the St. Joseph Fire I Department for events to be held on April 12, 2002 at the La Playette and on August 16, 2002 atthe EI Paso, The motion was seconded by Schneider and passed unanimously, ' i Labor Mediation Weyrens reported that mediation has been scheduled for Thursday, February 14, 2002 at 2:30 PM for the St. Joseph Police Officers Federation, Adiourn: Loso made a motion to adjourn at 10:15 PM; seconded by Rassier and passed unanimously, ' ~~ B~i~trator Clerk I THIS PAGE INTENTIONALLY LEFT BLANK I I