Loading...
HomeMy WebLinkAbout03.18.24March 181, 2024 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, March 18th, 2024, at 6:OOPM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Bob Loso, Kelly Beniek, Adam Scepaniak City Representatives Present: City Administrator David Murphy, Public Works Director Ryan Wensmann, Community Development Director Nate Keller, City Engineer Bryce Johnson, Police Chief Dwight Pfannenstein, City Clerk Kayla Klein, Finance Director Lori Bartlett Public Comments: Tim Borresch, 11 3'dAve NW. Borresch asked when cable channel 181 will be up and running again. Approve Agenda: Loso motioned to approve the. agenda; seconded by Kluesner and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda; seconded by Kluesner and passed unanimously. Consent Agenda: a. Minutes — Requested Action: Approve the minutes of March 4, 2024 b. ; Bills Payable — Requested Action: Approve Check Numbers 61641-61689, Payroll & Account Payable EFT #3295-3311; Regular Pay Period 5. c. Financial Report — Requested Action: Approve the February financial reports as presented. d. Donations.— Requested Action: Approve Resolution 2024-012 Accepting Donations. e. Application to Conduct Off -Site Gambling, Optimist Club — Requested Action: Approve Resolution 2024-011 approving application to conduct off -site gambling for the Optimist Club of St. Cloud. f. Early Voting Agreement with Stearns County — Requested Action: Approve the early voting agreement between the City of St. Joseph and Stearns County. g. 2023 TIF Reports Service Contract — Requested Action; Accept Northland. Securities consulting services for the 2023 TIF report preparation for TIF 2-2, TIF 2-3, TIF 4-1. h. Amendment to the Orderly Annexation Agreement (OAA) — Requested Action: Approve Resolution 2024-013 amending the OAA to incorporate parcel 82.44015.0145 into St. Joseph Township, i. Surplus Property - Requested Action: Declare 1997 Grass Rig and old turnout gear as surplus property. Planninq Items: a. Special Home Occupation License, 201 Pond View Lane: Keller summarized the applicant's proposal and shared the Planning Commission recommended approval of the Special Home Occupation License and Finding of Fact Resolution at the March 11th planning commission meeting. No one spoke at the March 11th public hearing, although there were some written comments which have been provided in the packet. Kluesner made a motion to approve Finding of Fact Resolution 2024-014; seconded by Scepaniak and passed unanimously. Community Development Director Keller provided background information on items 5, b. — f. The owners of House of Hern, Craig and BriAnne Hern are proposing to develop the property at 13 2"d Ave NW. The property is currently zoned B-1 Commercial; it was rezoned. in November of 2023 to fit in with the comprehensive plan. The applicant is proposing a 5800 square foot building with off -site and off-street parking. They are seeking approval on: • Extension for non -conforming structure. • Variance for north rear building setback. • Variance for parking lot setback. • Variance for maximum impervious surface coverage, approval on overall parking proposal March 180', 2024 Page 2 of 6 Surrounding properties to the west, north, and south are all guided for future commercial but are currently zoned residential. Properties to the east are zoned commercial. Public Hearing — Variance to Rear Building Setback 13 2nd Ave NW, House of Hern: Keller gave a summary of the proposal. City Ordinance requires a 20' setback to residential districts; the applicants are proposing a 12' building setback on the north lot line. The property located to the north is considered legal non -conforming use, which means the property operates under commercial use while being zoned residential. The detached cooler and trash enclosure are being proposed setback at the lot line. Keller informed the council the planning commission denied recommendation of the variance on a 3:3 vote. Schultz opened the public hearing at 6:20PM. Ryan Cross, BCI Construction: Cross shared BCI has been contracted for the design and construction of this project. Cross shared he feels the design and intent of the project fits well within the city's comprehensive plan. Cross explained in November of 2023 the property was rezoned to commercial with no opposition. Cross said they are bringing a variety of variances that will help support the project and the property. He wanted to note they have been intentional with the design of the project. Cross explained after recent opposition to the project, it's important to take a few things into consideration. He pointed out all the homes on the block of the proposed business are businesses themselves in that all the homes are leased out. He mentioned that the parking proposal is in line with what other downtown businesses have in place. Lastly, he shared that they are willing to listen to suggestions and look forward to being good neighbors. Tim Borresch, 11 3rd Ave NW.Borresch shared that he discussed this variance at the planning commission. He feels that the information is incomplete. He would like to see the trash enclosure and cooler considered to be attached to the building. He feels the snow from the roof of this building will be falling off the roof onto the adjacent property creating hardship for that property. Borresch claimed the building is too large for the lot, if it were smaller the variances would not be necessary. Chad Hausmann, 509 12r" Ave, SE. Hausmann shared he was on the planning commission previously and is neighbors with the Hems. He does support the variance which is in line with the comprehensive plan. He pointed out that in the future these variances would not be necessary as the properties are guided for future commercial use. Diane Schneider, 207 MN St W. Diane shared she owns the property to the west of the proposed building and rents it out. She is concerned the snow and ice that runs off the roof of the proposed building will land on the vehicles parked in the driveway of her rental house. She shared she has always stayed within the city's ordinances as a business owner in the city and has never asked for variances when doing projects at her business. Eric Theisen, 2081ris Lane E. Theisen explained the snow coming off the east side of the building will land on the sidewalk on MN Street and on the sidewalk of 2°d Ave NW. Theisen stated the building is too large for the lot and wanted to know how deliveries will be made to the building with so little room. He shared it's an already dangerous intersection and the increased traffic and pedestrians will add to it. Craig Hem, Applicant: Hem shared this has been a learning process and they have tried to consider safety and all things that need to be a priority. He noted other businesses are closer to the corner in town than their building will be. He explained that since the property has been rezoned to commercial and if the adjacent properties were already zoned commercial there would be no setbacks. Hem explained there will be a 12' lane on the property which will allow for deliveries and other service trucks to have access to the building. Schultz closed the public hearing at 6:31PM. Council had a discussion related to the cooler and trash enclosure. Beniek wanted to know if there is a proper amount of room around the proposed building to comfortably remove snow and work without imposing on the residences abutting the proposed property. March 18tt', 2024 Page 3 of 6 Ryan Cross of BCI, Shared that a 2' setback is a tight squeeze. He shared the building does not have gutters therefore the snow and water will run off the roof and onto the ground. He has no doubt the Hern's will take the necessary steps to be good neighbors and manage the snow that melts off the roof. Kluesner made a motion to approve Finding of Fact resolution 2024-015 approving the variance; seconded by Scepaniak and passed unanimously. c. Non -conforming Structure Extension Request 13 2nd Ave NW, House of Hern: Keller gave an overview of the extension request. • The gas station was demolished April 20th, 2023. • The gas station was setback 2' off the west lot line. • Due to the setbacks, the structure was considered legal non -conforming. The structure was also considered legal non -conforming because the lot was zoned R-3 multi -family residential with commercial use. • City code allows the applicant to replace the structure within one, year if the non- conformity (west side setback) is not expanded, and the non -conforming setback is not increased. The applicant has requested a six-month extension to October 20th, 2024, to allow for delays such as weather, approvals, etc. The planning commission voted 5-1 to approve the extension request at the March 11th pc meeting. Keller explained the expansion is considered an expansion to the non -conformity which would be the setback itself. Not the amount of distance of the setback. Keller mentioned that legal did concur with this assessment. Kluesener made a motion to approve the requested six-month extension (October20, 2024) to allow applicants to rebuild structure at previous West side setback; seconded by Loso and passed unanimously. d. Parking Proposal — House of Hern: Keller provided the highlights of the parking proposal. • The applicant's development plan at 13 2nd Ave. NW leaves no room for on -site parking. • The City Code allows developments in the B-1 downtown district to propose alternative parking plans. • The applicants are proposing to construct a parking lot with 38 spaces at 202 MN ST W which meets the requirements. • The Sisters of St. Benedict's own the proposed parking lot and have agreed to a 5-year lease. A longer lease length is not proposed currently due to the owners going through strategic planning. The Sisters have provided written support to work with the applicant after the initial 5-year lease. • At Hern's expense, crosswalk improvements would be made to the west side of the intersection. • The parking plan requests to variances. i. Variance for west side setback. ii. Variance to maximum allowed impervious surface. Keller offered the council the option to table action on the parking plan until after the public hearings regarding the variances associated with the parking plan. The planning commission recommended approval of the parking plan 5 -1. Beniek inquired about current and future zoning for the proposed parking lot. Keller informed the council that it is zoned for future commercial development. Schultz had questions related to the parking lot lease and whether the alley way leading into the proposed parking lot will need to be improved as it is gravel at this time. Gene Marie Lust — Representing the Sisters of St. Benedict. Lust shared they are in favor of selling the lot to the Hems,- however, the college has first right of refusal, and it would take a significant amount of March 1801, 2024 Page 4 of 6 time to go through the proper processes and channels to sell the lot. Lust explained for the Hern's to move forward with the project the lease option is the most suitable. Lust does not foresee the monastery going back on the lease in five years additionally she shared the current president of the college is supportive of the proposed food hall. Lust shared if the college would not come through on the sale, she foresees the monastery continuing to lease the lot. Kluesner made a motion to approve requested parking proposal at 202 MN ST W as presented; seconded by Loso and passed unanimously. e. Public Hearing — Variance to Parking Lot Setback 202 MN ST W, House of Hern: Keller gave an overview of the proposed variance for the parking lot setback. • City code requires parking lots to be 15' setback from residential districts. Parking lot setbacks do not apply to commercial districts. • The property to the west is currently zoned residential; however, guided for future commercial use. • Applicants are proposing to be 4' off the west side. They would construct a vinyl fence as a buffer and shrubs on the east side as a buffer. • Three individuals shared their concerns at the PC meeting and one written comment supporting the project which was included in the packet. • The planning commission voted 4 — 2 to approve the variance request. Schultz opened the public hearing at 6:55PM. Tim Borresch, 11 3rd Ave NW: Borresch expressed his concerns relating to parking lots in the downtown district. He shared that adding another business to the downtown district that has parking across MN Street is dangerous. Borresch explained traffic notoriously goes through the intersection at MN ST and 2nd Ave NW without stopping at the stop sign. Borresch explained his frustration about using the alley way as an entrance%xit for the proposed parking lot, citing there is not room for two-way traffic, it will create dust, disturb the homes adjacent to the alley and cost the taxpayers money if the alley needs improved. Borresch says there are a lot of concerns and burdens regarding the proposal that are being overlooked. Eric Theisen, 2081ris Lane E. Theisen expressed his concern regarding pedestrian and traffic safety at the intersection of MN ST W and 2nd Ave NW. He shared it is routine for traffic to miss the stop sign and go through the intersection. He shared that it is an unfair burden to the taxpayers to pay for improvements in the alley if they are needed. He is also concerned about the snow removal and rainwater water that will runoff from the parking lot and how that will be managed. Schultz closed the public hearing at 7:08PM. Council had discussion regarding parking on MN ST, lighting for the parking lot, and alley way improvements. Kluesner made a motion to approve the Finding of Fact resolution 2024-016 approving the variance; seconded by Scepaniak and passed unanimously. f. Public Hearing — Variance on impervious surface coverage 202 MN ST W, House of Hern: Keller informed the council the maximum impervious surface coverage is fifty percent due to the subject property being zoned residential. The applicant is proposing 85.32% impervious surface coverage because their intent is to pave the entire parking lot. Schultz opened the public hearing at 7:14PM. Tim Borresch, 11 3rd Ave NW.Borresch shared his frustration with the process of approvals. He explained without the Hem's owning the proposed parking lot and without a signed lease agreement, voting on the variances and the parking proposal should not happen. Schultz closed the public hearing at 7:15PM. March 18", 2024 Page 5 of 6 Beniek clarified that until the Herns and the Sisters have a lease in place, the project cannot move forward. Scepaniak pointed out at the planning commission meeting Craig Hern shared they don't have a written, signed lease in hand at this time because it would be financially burdensome to the project as well as the Sisters. This stage of the process is for planning, drafting, and deciding what can and cannot be accomplished. Going through these processes will identify what to invest in and seek to accomplish. Kluesner made a motion to approve the Finding of Fact resolution 2024-017 approving the variance; seconded by Scepaniak and passed unanimously. Joetown Blocks — Street Closure Special Event Request — St Joseph CVB: Mary Bruno and Ann Reisner of the CVB presented their request to the council. The event is scheduled for June 9th from noon-5PM. They are planning on having a car show, farmers market, power wheels derby, a kid's area, and beer garden. The request is to close MN Street from College Ave to Chapel Lane from 10AM -7PM. Currently the EDA board has recommended allocating EDA funds in the amount of $5000. The overall budget for the event is estimated to be $9000. Council shared it will be necessary to communicate events of the day with St. Joseph's Catholic Church. The council also discussed funding and the set-up of the activities planned for the day. Discusstion on Potential Beltline Fundinq Formulas Area Planning Organization (APO): Councilmember Kluesner shared the APO Policy Board met and discussed alternate funding formulas for the Beltline. A total of $200,000 is needed for the environmental assessment for the 33rd Street Mississippi River bridge. Consensus at the APO meeting was to take $100,000 out of the APO reserves and put it towards the environmental assessment. St. Cloud will pay the other $100,000. Kluesner shared at a future meeting the council will need to discuss whether the city is interested in buying right of way for the southwest beltline. Engineer Reports: a. Resolution Approving County Project within Municipal Corporate Limits: City Engineer Bryce Johnson explained this resolution is tied to the CO RD 133 project and would approve the county plans for the project if passed. Schultz made a motion to approve Resolution 2024-018 Approving County Project within Municipal Corporate Limits; seconded by Scepaniak and passed unanimously. b. Resolution Relating to Parking Restrictions related to CSAH 133 Improvements. Johnson shared this resolution also tied to the CO RD 133 reconstruction project and would ban on street parking from CO Rd 75 to 15th Avenue. Schultz made a motion to approve Resolution 2024-019 Approving Resolution 2024-0019; seconded by Kluesner and passed unanimously. Department Reports: City Administrator David Murphy shared the park and recreation department has been interested in constructing pickleball courts. Murphy mentioned at the next city council meeting they will be submitting a request for the city engineer to do the plans and specs for the pickleball courts. Beniek, who is a member of the park board shared Mr. Wetterling came and spoke at their last meeting. Mr. Wetterling asked the park board to consider putting a plaque at Klinefelter park in honor of his son, Jacob. Beniek would like to continue discussion at a future work session. Mayor and Council Reports/Updates: Mayor Schultz shared legislative action day is at the end of the week. He has meetings scheduled with senators and the lobbyists. March 26th is the all city/boards/commissions meeting. March 18", 2024 Page 6 of 6 Kluesner asked Murphy when he can expect to hear from Jason Wood; the fundraising consultant for the YMCA/Community Center project. Kluesner understood at Wood's last presentation he was going to reach out to council members. Kluesner has yet to hear from him after leaving several messages. Murphy indicated that he would reach out to Jason. Adiourn: Kluesner made a motion to adjourn at 7:43PM; seconded by Beniek and passed unanimously. - 4 C Kayllein City Clerk