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HomeMy WebLinkAbout11-02-06 November 2, 2006 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, November 2, 2006 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors Dale Wick, Ross Rieke, Renee Symanietz, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola Others Present: Jeremy Robb, Michael Johnston, Corey Erickson, Mike Deutz Approve Aqenda: Symanietz made a motion to approve the agenda with the following addition: Add 10c. Future meetings The motion was seconded by Wick and passed unanimously. Consent Aqenda: Wick made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 037977-038031. b. Minutes - Approve minutes of October 5,11,18 and 19, 2006. c. Application for Payment - Authorize the Mayor to execute Pay Application #1 for the 2006 8th Avenue NE Improvement project and authorize payment to C & L Excavating in the amount of $68,222.30. d. Application for Payment - Authorize the Mayor to execute Pay Application #2 for the 2006 Trunk Water Main Improvements and authorize payment to Randy Kramer Excavating in the amount of $204,359.15. e. Application for Payment - Authorize the Mayor to execute Pay Application #1 (Final) for the 2006 Seal Coat Improvements and authorize payment to Astech Corporation in the amount of $41,076.00. f. Application for Payment - Authorize the Mayor to execute Pay Application #1 for the Centennial Park Pavilion and authorize payment to W. Gohman Construction in the amount of $6,949.00. g. Application for Payment - Authorize the Mayor to execute Pay Application #5 for the 2006 Street Improvement Project and authorize payment to C & L Excavating in the amount of $147,497.33. h. Application for Payment - Authorize the Mayor to execute Pay Application #14 (Final) for the 2003 Liberty Pointe Improvements and authorize payment to R.L. Larson Excavating Inc. in the amount of $60,286.41. i. Application for Payment - Authorize the Mayor to execute Pay Application #8 for the Water Treatment Plant and authorize payment to John T. Jones in the amount of $492,738.19. The motion was seconded by Symanietz and passed unanimously. Public Comments to the Aqenda: - No one present wished to speak. Noise Violation - Dale Schneider. 413 Colleoe Avenue N: Weyrens advised the Council that on October 12,2006, the Police responded to a noise compliant at 413 College Avenue N. The property owner has been notified of the alleged noise violation and has been given the opportunity to contest the allegation. The property, Dale Schneider, has not contacted the City, thereby waiving his rights to an evidentiary hearing. Wick made a motion acknowledging that a Noise Violation did occur on October 12, 2006 at 413 College Avenue North. The motion was seconded by Symanietz and passed unanimously. November 2, 2006 Page 2 of 4 Weyrens stated that while reviewing the property for past noise violations, 412 was cited in the 2003-2004 license year for a similar noise violation. At that time the Council imposed a $ 250.00 fine. The City policy allows the Council to consider past violations if they are within three years. Weyrens also clarified that while the Incident Complaint Form (ICR) before them for the current violation states that the Officer gave the tenants a warning, that did not refer to the landlord. The Police Officers have the discretion of citing each tenant with an administrative noise violation. The action against the landlord is a separate action. Wick made a motion to assess the property owner of 412 College Avenue North an administrative fine of $150 for the noise violation that occurred on October 12, 2006. The motion was seconded by Symanietz and passed unanimously. Noise Violation - Mike Deutz. 24 Birch Street E: Weyrens stated that the Police Department responded to a noise violation at 24 Birch Street East on October 14, 2006. The property owner has been notified of the alleged noise violation and has not requested an evidentiary hearing. Wick made a motion acknowledging that a Noise Violation did occur on October 14, 2006 at 24 Birch Street East. The motion was seconded by Symanietz and passed unanimously. Mike Deutz approached the Council as the property owner of the house at 24 Birch Street E. He shared his concerns regarding some rental policies that were addressed many years ago. Deutz stated that he was of the understanding that the landlords are to be called when a violation occurs. He stated he did not receive a call until the following Monday. In these types of situations, it would be nice if the situations were recorded as the Police Department has the necessary equipment. It would be easier for the property owner to know exactly what happened since they are generally not present when violations occur. Deutz stated that the tenants living at 24 Birch Street East meet the neighbors at the beginning of the school year. He is unsure why the neighbors didn't simply ask them to turn the music down, as the tenants were unaware that it was too loud. Deutz stated that in an attempt to better understand the events of October 14, 2006, he and the tenants met with Police Chief Jansky. Wick questioned the tenants as to why they did not allow the officers to enter the house. One tenant responded that there were some minors inside and they were trying to protect their friends. They then realized that they were better off to allow the police to enter. Jansky advised the Council that the Police Department will not give warnings for noise violations and landlords will be called in the future. However, that if the officers are busy, the landlords will not be called until the officer is available. Jansky stated that the Officers have been advised to turn on the video equipment when arriving at a noise complaint. He cautioned the Council that the equipment may not be accurate enough to establish the level of the noise violation. It should however, be a tool to indicate that the alleged noise was heard beyond the property line. Rieke questioned whether or not the standard fines currently in place are adequate enough to cover the administrative costs for these types of violations. Weyrens replied that she feels that it should be increased to anywhere between $200 and $225. Since the Council has a noise violation before them at this time, it would be advisable to wait until the next Council meeting to establish the minimum fee. Wick made a motion to assess the property owner of 24 Birch Street East an administrative fine of $150 for the noise violation that occurred on October 14,2006. The motion was seconded by Rieke and passed unanimously. Based on some prior comments by Deutz, Rieke stated that many years ago, the Core Committee worked with the landlords and a common attorney to put together a common lease for all of the rental properties. Wick questioned whether or not the City holds a meeting with the various landlords to discuss rental issues. According to Weyrens, the City tried that in the past and it was unsuccessful. Wick added that the City should make another attempt to meet with the landlords, as there were four noise violations so far November 2, 2006 Page 3 of 4 this license period. Rieke stated that it is a good idea for the students to go and meet with their neighbors. Rieke also advised the tenants present that on the evening of October 14,2006 a greater violation occurred then the noise violation and that is serving alcohol to minors. He suggested they consider the ramifications of continuing such a practice. POLICE CHIEF REPORTS ICP Conference: Jansky reported that he attended the ICP Conference in Boston as part of his duties as President of the Minnesota Chiefs of Police Association. He stated that it was an excellent conference and he learned a lot. He attended classes on Sunday, Monday and Tuesday. They heard from the Director of Homeland Security, Attorney General, Director of the FBI and the Safety Director from Israel. Jansky stated that he spoke to numerous other Police Chiefs with similar City issues. He added that he was able to view lots of new equipment and technology as well. Noise Violations: According to Jansky, there have been a large number of noise violations this year. He suggested that in the future, the landlords must attend a landlord meeting in order to get a rental license for the following year. Based on a previous request, Jansky stated that the officers would begin using the cameras in their squad cars as well as their microphones. FTO Trainina: Jansky reported that Officer Tiffany should have his FTO Training complete by the end of the month. MAYOR REPORTS Coalition of Greater Minnesota Cities: Carlbom reported that he attended the CGMC Candidate Forum on October 24tn along with Council Member Wick. Mayor's Luncheon: Carlbom stated that the Mayor's Luncheon was held on October 25tn at which they discussed the recent noise issues. Sprinqsted: Carlbom advised the Council that he and Council Member Rassier met with the unions and the union stewards to discuss the recent study that was completed by Springsted. COUNCIL REPORTS SYMANIETZ St. Cloud Area Joint Plannina Board: Symanietz advised the Council that she attended the St. Cloud Area Joint Planning Board as an alternate for Mayor Carlbom. She stated that they discussed the expansion of the St. Cloud Waste Water Treatment Plant. Lifecycle Housina Board: Symanietz reported that she also represented Mayor Carlbom at the Lifecycle Housing Board meeting. They discussed the lack of availability of Lifecycle Housing as well as the various programs for Lifecycle Housing. APO: Symanietz stated that she attended the APO meeting on October 26 at which they discussed transportation issues as well as the amendment to the 2006-2007 working plan. WICK APO: Wick advised the Council that the Full Board meetings for November and December have been cancelled due to the Holidays. RIEKE - No report. November 2, 2006 Page 4 of 4 ADMINISTRATOR REPORTS Ordinance Updates: The Planning Commission and City Council have been working on amendments to various Ordinances. A Public Hearing will be held for all Zoning Ordinance Amendments. The following Ordinance Amendments are recommended for approval by the Staff and/or Planning Commission at this time. · Ordinance 32.03 · Ordinance 104 · Ordinance 112 Limiting Activities in Public Easements Nuisance Ordinance Regarding the Licensing and Regulation of Animals Ordinance Regulating Exterior Solid Fuel-Fired Heating Devices Ordinance 32.03. Public Easments: Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2006-0037, adopting the amendment to Ordinance 32.03- Limiting Activities in Public Easements and authorizing the summary publication to be published. The motion was seconded by Wick and passed unanimously. Ordinance 104. Animal License: Carlbom questioned what changes were made to Ordinance 104- Regarding the Licensing and Regulation of Animals. To which Weyrens stated that the proposed amendment is a result of a recent dog incident that involved a dangerous dog. The City Attorney has prepared the amendment so that it is consistent with the State Statute. Wick made a motion to table the execution of Resolution 2006-0038 for the adoption of Ordinance 104 until the next meeting. The motion was seconded by Symanietz and passed unanimously. Ordinance 112. Fuel Devices: Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2006-0039, adopting Ordinance 112 - Regulating Exterior Solid Fuel-Fired Heating Devices and authorizing the summary publication to be published. The motion was seconded by Rieke. Discussion: Wick stated his concern for the requirement that such devices be at least 75 feet from any property line, as this would eliminate most lots within the City. Weyrens stated that the distance is not the most important part of the Ordinance. The purpose of the Ordinance is to limit those items being used for fueling homes and to eliminate obnoxious items from being burned. She stated that if the City had an Ordinance, the MPCA would have enforcement authority. There was some question as to the appropriate distance for the Ordinance. Wick suggested that this be reviewed and brought back for approval. Wick made a motion to table the execution of Resolution 2006-0039 for the adoption of Ordinance 112 until the next meeting. The motion was seconded by Rieke and passed unanimously. (A motion to table supersedes all other motions.) Transportation Update: Weyrens advised the Council that she attended the St. Joseph Township meeting at which she asked for money to help with the funding of the corridor studies currently in progress. She requested $20-25,000. Future Meetinas: Weyrens reminded the Council of the following Council meetings: November 21, 2006, 5:00 PM Budget Review; November 30, 2006, 7:00 PM Truth and Taxation. Elections: Weyrens reminded the Council that November 7,2006 is the General Election. As a result, the office will have limited staff hours. Adiourn: Wick made a motion to adjourn at 7:45 PM; seconded by Symanietz and passed unanimously. / ( ..! . , ____/~(//i(~/ Ic-i ( ~. UiC Jl,Idy Weyrens ( ~dmihistrator '---, .