HomeMy WebLinkAbout2016 [04] Apr 12April 12, 2016
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Pursuant to due call and notice thereof the Joint Planning Board for the Township and City of St. Joseph
met in regular session on Tuesday, April 12, 2016 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Rick Schultz. Members Ralph Eiynk, Jerome Salzer, Steve Olson, Bob Loso,
Gina Dullinger, Brenda Stanger, Mark Thompson. Secretary of the Board Judy Weyrens.
Others Present: Ralph Eiynck, Steve Buermann, Geraldine Schwab, Joan Stock, Roger Buermann, Joe
Walz, Brian Anderson, Hubert Walz, Karen Donabauer, Galen Donabauer, Kevin Schloemer, Mark
Bromenschenkel, Hal Undersander, Delroy Bechtold, Mike Koltes, Cathy Kremers, Tom Kremers, Joe
Johnson, Sherri Pfannenstein, Rick Pfannenstein, Drew Huls, Kevin Cox, Joanie Raab, Joe Raab, Dave
Terwey, Ann Terwey, Charlie Klocker, Anne Meyer, Ann Reischl
Approve Minutes: Salzer made a motion to approve the minutes of February 9, 2016; seconded by
Loso and passed unanimously by those present.
Public Hearing —Solar Garden Moratorium: Chair Schultz opened the public hearing to which Weyrens
stated the purpose of the hearing is to consider adopting a resolution placing a one year moratorium on
the processing of application for, and the issuance of any approvals or permits for, Solar Farms/gardens
and Solar Power Plants in the St. Joseph Orderly Annexation Area. The moratorium will affect all property
located within the Orderly Annexation Area for which the Joint Planning Board is zoning authority.
Evan Carlson, Innovative Power Sysfems: Carlson approached the board with concerns regarding the
moratorium. Carlson stated that Innovative Power Systems is the oldest solar company in Minnesota and
they are planning to building gardens in central MN, one specifically in the Orderly Annexation Area.
Carlson added that their garden would be the only one affected by the moratorium and requested that the
board at least review their application. The current site is about 35 acres and in his opinion is a great site
for a solar garden.
Brian Anderson, 21265 Concord St: Anderson approached the Board as one of the owners of the
proposed solar garden site, adding that he was confused about the moratorium. Anderson stated are a
couple solar gardens in the area; one at St. Johns and the other at Stearns Electric. He questioned why
now the Joint Planning Board is considering a moratorium. Carlson stated there is a lot of information
that he would like to present to the board such as the fact that the garden is removable without having
any impact to the land.
Salzer questioned Carlson whether his company has started reselling the power. Carlson stated that the
power is a bill credit rather than a sale of energy. Additionally, the service would be for 25 years. The
garden would power between 850-900 homes. The garden would be 5 one megawatt panels. New
regulations have limited the size of solar gardens on a site limiting them to 1 megawatt. The application
for the garden in St. Joseph was submitted prior to the regulations, allowing it to adhere to the old rules.
Weyrens stated that the solar moratorium was not created because of one applicant. One of the main
problems cities are experiencing is solar gardens in areas that could be developed. Once a solar garden
is installed, it ties up the land for twenty five years. The board should consider what areas would be
appropriate for solar gardens.
Loso stated he is open to looking at the application and proposal submitted. Weyrens reminded the board
that the moratorium is not based on one applicant; rather, the board needs to look at the OAA as a whole.
Hausmann questioned what the process would be if there were no moratorium. Weyrens stated
applicants would have to apply for a conditional use permit.
Anderson stated the land where the solar garden is going has been for sale for over 10 years and does
not see the area developing in the next twenty five years.
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Carison stated that the conditional use permit can be denied and that the board should discuss the issue
with their attorney. Carison added that the area is not shovel ready and the project is at least a few
months out. Carlson believes the moratorium is an extra level of complexity that is not needed.
Weyrens stated the moratorium will allow the board to review solar gardens and where they should be
allowed in the OAA. Further she stated that she has contacted the City Attorney and he is supportive of
the moratorium as he has experienced gardens being constructed in future growth corridors. Further
while a special use permit can be denied, it becomes extremely litigious. Hence the need to determine
where gardens should be allowed.
Salzer questioned if the solar garden he is proposing is specific to a parcel or if it can be placed on any
location. Carlson stated that at times Xcel will provide them with additional parcels to locate the garden
with the property owner's consent, but his proposal is for a specific parcel.
Schultz stated that the board can lift the moratorium after two months or extend it. Carlson stated that
they submit their application through the County and the County will not review the application until after
the moratorium is lifted.
Carlson stated he is against the moratorium, but if the Board must have one, then make it month to
month. When questioned if he plans are ready for submission he indicated they are not ready for
completion yet as they are still working on some outstanding items.
Hausmann stated it would be useful if staff could provide an illustration of what the City looked like 35
years ago. Schultz added he would be interested in receiving information on litigation that has occurred
regarding solar gardens.
Salzer requested the input of St. Joseph Township Planning Commissioner poug Fredrickson as he
works with alternative energy. Fredrickson stated that he would encourage the Board to request
additional information on solar gardens in general to get a better understand,ing. He also stated that he
has concerns when listening to Carison speak as he indicated that a year is too long for a moratorium and
when the Board suggests a shorter period that did no work either. Yet he admits that he does not have
plans ready and it will at least a couple of months before he is ready. He stated as a Board he would
think you would question the contradiction
Schultz questioned what could be provided if the moratorium was not approved. Carlson stated that he
would provide generic information that could apply to any solar garden. The specifics have not been
created due to the application not being submitted yet. Carlson suggested the board contact the Great
Piains Institute, a non-profit organization that specializes in helping municipalities on how to adopt a solar
ordinance. Carlson stated he will get the City as much information as he can as soon as he can.
Ann Reischl: Reischl stated that at St. John's University there will be an informational session regarding
solar energy on April 26th at 2:30 PM.
Amendment to Development Aqreement—Ghost Plat: Weyrens stated that she has received a request to
amend the Development Agreement for Sunset Ridge. On December 12, 2012 the Joint Planning Board
executed the Development Agreement for the Sunset Ridge Addition. Sunset Ridge provided for 12 large
lot single family lots. As per the OAA MOU, single family large lots developments are required to include
ghost platting. The ghost platting indicates additional lots that can be created when the City provides
water and sewer to rural areas served by well and septic. When property is ghost platted, buildings and
encroachments cannot be located within the future lot. The developer's agreement for Sunset Ridge
included an exhibit illustrating the future lots.
Joe & Lori Baggenstoss purchased Lot 009 Block 001 in Sunset Ridge and applied for a site permit with
Stearns County. The site permit was denied as the proposed structure crosses the ghost plat line. Since
that time Baggenstoss has submitted a proposal to relocate the proposed second lot so that he could
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place his home on the site where he planned. Since the Development Agreement is a recorded
document, the Board would have to authorize execution of an amendment, il lustrating the new ghost plat.
During this review it was noted that Lot 004 Block 001 will also need to be amended as the current
structure crosses the ghost plat line.
Loso made a motion authorizing the Joint Planning Board Chair and Secretary to execute the
proposed amendment to the Sunset Ridge Development Agreement revising the lot Ghost Plat as
it affects lots 004 and 009 Block One. The motion was seconded by Stanger and passed
unanimously.
River Ridge Estates, Remnant Parcel: Weyrens stated at the February, the Board authorized execution of
the final plat for River Ridge Estates. The plat included 8 large single family lots and one outlot. While the
preliminary plat indicated that the outlot could be developed with an additional eight lots, the site became
difficult to engineer with regard to storm water. The developer, Cory Ehlert, requested to final plat the first
segment, allowing for additional time to determine how the remaining outlot can be developed.
At this time Ehlert is requesting the Board consider allowing a lot split to allow for two lots on the
remaining outlot in River Ridge Estates, one which would be developed with a single family home and the
second would be attached to an adjoining parcel. He is looking for feedback to see if the JPB has any
ideas for developing the outlot. If the property is to be split, a public hearing is required and could not be
accomplished at this meeting. Since a public hearing requires published notice and the opportunity for
impacted property owners to provide input, the Board cannot provide any assurances that the split would
be approved.
Cory Ehlert: Ehlert stated the original proposal was a 16 lot development; however, it was scaled back to
8 lots. Ehlert is requesting the remnant lot be split into two lots. A buyer has requested purchasing one of
the split lots and the other would be purchased by a neighbor for farming and agricultural use.
Stanger questioned if there would be any changes to road access points. Ehlert stated there would be no
change with the current use. Ehlert stated that the curve at the north side of the property crosses through
4 properties. He has previously spoken with the landowners and had agreements worked out. Those
agreements have since expired, but Ehlert believes that he would be able to work to achieve those same
agreements. Kevin Cox, partner to the development, stated it would be important for the township to get
the ownership of the easements. Ehlert stated the potential buyer of lot 1 wants to build soon, making
the decisions time sensitive. By consensus the Board agreed they would consider a lot split and informed
Ehlert he would need to work with Stearns County Environmental Services to process the application.
River Ridqe Estates— Utilitv Service: Ehlert stated that there was a preconstruction meeting for River
Ridge Estates and at that meeting they were informed that Xcel would charge them $ 57,000 to bring
electric service to the site. Cox added that Stearns Electric would be willing to bring additional power
resources, such as geothermal, electric, or slightly less electric with a propane backup. A proposal will be
drafted for each type of energy resource.
Weyrens stated that because the developer's agreement includes a provision requiring gas, the board
would need to move to remove that provision.
Hausmann made a motion to amend the Developer's Agreement for River Ridge Estate to exclude
the requirement of gas as the type of energy, replacing it with multiple types of affordable energy.
The motion was seconded by Salzer and passed unanimously.
Ad iourn: Olson made a motion to adjourn; seconded by Hausmann and passed unanimously.
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Rick Schultz udy eyr ns
Joint Board Chair Join oard Secretary