HomeMy WebLinkAbout2010 [03] Mar 01March 1, 2010
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Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met in regular
session on Monday, March 1, 2010 at 7:00 PM in the St. Joseph City Hall.
Members Present: Chair Sr. Kathleen Kalinowski, Commissioners Ross Rieke, Mike McDonald, Mike
Deutz, Brian Orcutt, John Meyer, Dale Wick, City Administrator Judy Weyrens
City Representatives Present: City Attorney Tom Jovanovich
Others Present: Jessica Popp, Pete & Lee Honer, Teri Lommel, Jay Lommel, Adam Lommel, Jillian
Donabauer, Jeff Bast, Kristy Bast, Sr. Kara Hennes, Sr. Paula Revier, Thomas Matthews, Gary Renick,
Doug Danielson, Jim Henningson, Antoinette Henningson, Dick Taufen
Approval of the Agenda: Deutz made a motion to approve the agenda as presented; seconded by
McDonald and passed unanimously.
Election of Officers: Meyer made a motion to nominate Kalinowski as the Planning Commission
Chair. The motion was seconded by Deutz and passed unanimously.
Deutz made a motion to close nominations for Planning Commission Chair. The motion was
seconded by Wick and passed unanimously.
Meyer made a motion to nominate Deutz as Planning Commission Vice - Chair. The motion was
seconded by McDonald and passed unanimously.
Orcutt made a motion to close nominations for Planning Commission Vice - Chair. The motion was
seconded by McDonald and passed unanimously.
Minutes: McDonald made a motion to approve the minutes of February 1, 2010. The motion was
seconded by Deutz.
Discussion: Kalinowski suggested that it be noted that both Wick and Meyer were absent.
Ayes: Kalinowski, Deutz, McDonald, Rieke, Orcutt
Nays: None Abstain: Meyer, Wick Motion Carried 5:0:2
Public Hearing, Interim Use Permit —Adam Lommel, 132 8th Avenue SE: Kalinowski opened the Public
Hearing and stated that the purpose of the hearing is to consider an Interim Use Permit to allow an owner
occupied rental at 132 8th Avenue SE. The property is legally described as Lot 1, Block 5, Cloverdale
Estates 2nd Addition.
St, Joseph Code of Ordinances 52.27 subd. 5 allows for an Interim Use Permit as follows: Residential
rental provided the unit is owner occupied and provided the room(s) rented does not contain separate
kitchen facilities and is not intended for use as an independent residence. For purposes of establishing if
the property is owner occupied, the owner must be a natural person, and all owners must occupy the
property as their principal residence. The owners may not exceed two in number. For purposes of
determining ownership, the owner /owners must provide a copy of a recorded deed or recorded contract
for deed. A purchase agreement will not be accepted as evidence of ownership.
The request for Interim Use was submitted by Adam Lommel and Jillian Donabauer.
Adam Lommel, 132 8"' Avenue SE, approached the podium and stated that he was unsure of the City
Ordinances in place when he purchased his home and was unaware that a rental license was required
and is now trying to correct the problem by applying for an Interim Use Permit. He advised Weyrens that
he has the affidavit of residency for Ms. Donabauer. She advised Lommel that it must be notarized that
that could be done at City Hall.
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Jessica Popp, 129 a Avenue SE, approached the Commissioners on behalf of the neighborhood. She
stated that she lives directly across from Lommel. She stated that, over the weekend, she, along with
another neighbor, gathered a petition to recommend the Planning Commission deny the proposed Interim
Use Permit. In speaking with the neighbors, she stated that their main concerns include traffic, noise,
alcohol, garbage being scattered in their yards as well as the parties that occur at the residence. She
added that the property being discussed is part of a residential neighborhood with many young families
and elderly residents.
Popp stated that she has no problem with the granting of Interim Use Permits to allow people to get help
with their mortgages; however, the behaviors of this house are unacceptable. Their behaviors are
affecting the entire neighborhood and it is disrespectful and uncalled for. She stated that there are plenty
of rental properties a few blocks over. Popp added that they purchased a home in this area because they
wanted a quiet neighborhood. Currently, due to the amount of traffic, this area is not a safe place for
children to be outside. Popp also stated that, on several occasions, she has missed mail service due to
his tenants being parked in front of her mailbox. These residents have total disrespect for the neighbors'
property and they will not tolerate any more of that activity. Popp stated that they, the residents, will call
the police if it continues.
The public hearing was closed at 7:10PM.
McDonald questioned Lommel about the St. Joseph Incident Report dated Jan 21, 2009 which states that
the police talked to him about this being a violation of the City's rental policy. Lommel agreed that he was
informed; however, he stated that he was under the impression that violation of the rental ordinance only
applied if he was to receive compensation from his tenants. At that point, he was not receiving any
compensation. Wick questioned Lommel as to the number residing in the home. Lommel stated that there
are 2 tenants living in the home with him. Kalinowski questioned whether or not he is being paid for any
utilities to which Lommel stated he is not. Wick again asked for clarification as to the number residing in
the home. Lommel stated that there are 4 including Jillian Donabauer and himself.
McDonald stated his concern with how the application was completed as each question was answered
as "I won't be changing anything ". He stated that he spoke with some of the neighbors and he does not
feel that this kind of attitude should come before this body and he added that it certainly slims down his
chance for getting a rental license. Lommel advised the Commissioners that he is not aware of any other
violations other than the rental violations. Deutz questioned the incident that occurred on Aug 02, 2009.
Lommel stated that he was not notified of any violation. Deutz also questioned the incident that occurred
on Aug 03, 2009 to which Lommel replied that he has spoken with the Police Officers several times, but
no violations were issued. McDonald stated that he assumed that his renters would have advised him of
the numerous violations that have occurred at the residence and advised him that, as the property owner,
he is responsible to which Lommel replied "I understand ".
McDonald then questioned Lommel as to why he is pleading not guilty to "renting without a license ".
Lommel replied that he plead not guilty as he is currently trying to correct the situation. Orcutt questioned
him about the conversation he had with the Police Officer on Jan 21, 2009 in which a tenant did admit to
paying him rent. Lommel replied that his tenants were paying him rent until he was advised that he was in
violation of the Ordinance. After being advised that he was in violation, he no longer collected rent from
his tenants as he believed that he was okay to have tenants as long as their were not giving him any
compensation. It was stated that the 3rd violation was received while the 2" was still in court.
Rieke spoke to Jovanovich and questioned him as to his position on this matter. Jovanovich stated that
he understands the frustrations of the residents and the City staff. He stated that he would like pages 5:5-
5:47 to be included in the record for this issue. Having reviewed the information relating to this issue, he
is aware that, although he has denied having renters, there have been renters in the home since Jan
2009 and they have admitted it to the police. In his opinion, it is hard to tolerate the blatant disregard for
the law. After reading all of the police reports relating to this issue, this has created a nuisance and is
unacceptable. As a result, Jovanovich stated that he can understand why the Commissioners may
choose to deny the request for a rental license. On the other hand, Jovanovich stated that the City would
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then need to seek an injunction to have the tenants removed from the home. Jovanovich advised the
Commissioners that they have two options:
1. Deny the license based on consistent refusal to come in and obtain the appropriate license and
the past conduct of the home.
2. Grant the license with strict conditions and if any of those are violated, the license would be
revoked and the tenants would be removed. He advised the Commissioners that this option
would give them more leverage in court.
Deutz questioned Jovanovich as to the bottom line. If the City were to either approve or deny, the City
may need to get an injunction to have the tenants removed. Jovanovich replied that if there are anymore
violations, he agreed, Lommel would then lose his rental license and the tenants would be removed. He
would then be responsible for any additional legal costs associated with the process. As stated earlier,
the other option would be to deny the request; however, that would be more difficult to enforce.
On Jan 13, 2010, Lommel once again had a conversation with the Police Department in which he was
questioned as to whether or not he had a plan in place to come into compliance of the City Ordinance.
Lommel responded that "he did not plan on doing it stating it was "in court". Based on that attitude,
McDonald questioned whether or not he deserves a rental license as he obviously does not care about
the City's Ordinances by his actions or those of his renters. McDonald added that, based on written
documentation, Lommel s not telling the whole story. He stated that having a rental license is a privilege,
not a right.
According to McDonald, it seems as though he wants to go to court. He was advised that he is going to
court because he had to. Wick then questioned the status of the court dates. Jovanovich stated that he
plead "not guilty" to one of the violations and, since then, has been issued another violation as he was still
not in compliance. The fact is that, although he was not in compliance at that time, he is now asking for a
rental license.
Deutz questioned Weyrens as to whether or not the City has enough information to approve the rental
license for Lommel. Weyrens stated that they were missing the affidavit of residency for Jillian
Donabauer, but she advised the Commissioners that it was okay to approve it as long as the form is
presented to the City prior to Council approval. Wick questioned Jovanovich as to which is the best way
to go about this. Jovanovich replied that the most efficient would be to put some very strict conditions on
the Interim Use Permit.
Lommel's father was present at the meeting and Jovanovich gave him the opportunity to speak to the
Commission. According to Mr. Lommel, it seems as though the City is trying to work against him. He
stated that his son is a college student trying to stay in his home and he cannot afford it on his own. It
seems as though there have been some strict stipulations being placed on this property that are above
and beyond what anyone else would have. Jovanovich stated that he disagreed with those statements as
there was evidence that his son knew he was in violation last year. He added that there was a handful of
evidence that he was renting at that time, there were times when he was dishonest with the Police and
there have been numerous calls about parties, parking, snow removal, garbage and debris. According to
Jovanovich, people do not need to put up with this. He added that he is suggesting that the City give him
another chance and the conduct would need to be cleaned up dramatically.
Jovanovich advised Lommel that if he is not willing to take on that responsibility, then he should plan to
sell the house. He will need to make a commitment that the conduct will change significantly — right away.
Speaking to Mr. Lommel, Jovanovich stated that "if you don't think that is reasonable, that's fine, but
those will be the rules of the game ". In response, Wick stated that, in the past, there have been some
serious discussions when it came to the renewal period as to whether or not they should renew certain
licenses due to citations issued for lawns not being mowed or snow not being shoveled. With over 40
pages of police reports, Lommel was questioned as to whether or not the past history is going to change.
Mr. Lommel responded that his son agrees with you and by being there, he is showing that he is willing to
make that change. Mr. Lommel then began stating some of his concerns about the neighbors at which
time Kalinowski advised him that the Public Hearing was closed.
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According to Meyer, this is exactly why the City has an Ordinance in place — because there were
problems in the past with party houses. He added that Lommel knew about the Ordinance and chose to
ignore it. Meyer advised Lommel that the Interim Use Permits are renewed annually and can be denied in
August if things are not cleaned up, that gives him 6 months to clean up his act. Lommel replied that he
did not ignore the Ordinance; rather he stated that he thought it was okay to have people living with him if
he was not receiving any compensation. McDonald clarified that no one paid him rent last month to which
Lommel stated they did not.
Meyer questioned Weyrens as to whether all outstanding citations have been taken care of to which
Weyrens advised the Commissioners that there is one still pending in court for renting without a license.
She stated that the Commissions could issue the license with an expiration date of August 14. Wick
questioned Jovanovich to how this process will be handled from a legal perspective. If this issue goes to
court in May and the request for Interim Use is denied, he questioned whether the court could then dictate
that the city issue such and if so, could that be without stipulations. Jovanovich replied that if the City
were to deny the application, he would need to get the tenants out. This would result in the City needing
to bring a civil suit against him. To be more expedient, Jovanovich stated that they may choose to grant
the Interim Use Permit with conditions and if those conditions are not met, the license would be pulled. In
that case, if there are not violations, things are fine. If there are violations; however, then the City would
have enough evidence against him. Jovanovich suggested that the Findings of Fact and Decision be
amended as follows:
3(c): The property owner will manage the property in compliance with the St. Joseph Code of
Ordinances and Minnesota Statutes. If the property owner does not comply with state law or St.
Joseph Code or Ordinances including or not limited to:
• Leaving garbage on the streets
• Plowing snow on other driveways
• Leaving alcohol or clothing on adjoining properties
• Noise violations
Then, the City would have the right to cancel or revoke their license. Jovanovich stated that Lommel
would need to agree to abide by those stipulations. Weyrens added the parking in front of others'
mailboxes would need to be added as well.
Deutz made a motion to table this issue until the court process is complete. The motion was
seconded by Meyer.
Discussion: Jovanovich suggested that there be two options:
1. Deny the Interim Use Permit for a number of reasons.
2. Grant the Interim Use Permit wish specific conditions.
Deutz clarified that if the issue is tabled, the City could issue other citations; however, it would not
change the living conditions at this time. He stated that, in the past, Lommel has shown that he
doesn't want to work with the City. Jovanovich restated that it would be best for the
Commissioners to either approve or deny the request. Wick stated that by tabling the request, he
feels that it is condoning the actions. He added that the court actions have nothing to do with the
City accepting or denying the request. Deutz stated that he would like to give the opportunity to fix
the problems prior to issuing a license. Orcutt, on the other hand, stated it would be best to issue
the license and if there are violations, it can be pulled. He added that he needs to change the
behaviors in the home and if there are any issues, it's over.
According to McDonald, he sees no reason to approve the request as this is not creating an
economic hardship to Lommel.
Ayes: Deutz
Nays: Kalinowski, Wick, Meyer, McDonald, Rieke, Orcutt Motion Fails 1:6
Meyer asked for clarification on the removal of the tenants. He questioned if the City does not grant the
license, it would be the City's cost to get the tenants out. However, if the license is granted, it is their cost
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to remove the tenants if the license is revoked. Jovanovich stated that a clause will be added to the
findings which states that he will agree to remove the tenants if the license is revoked or he will be
responsible for costs associated with removing the tenants. He restated that he would lean towards
approving the request with conditions as it is best for the court. Deutz questioned whether this is setting
precedence for granting others a rental license.
McDonald made a motion to recommend denial of the request for Interim use based on the fact
that it does not create an economic hardship. The motion was seconded by Deutz.
Discussion: McDonald stated that he agrees with Deutz and he doesn't want to set precedence.
For the record, Lommel stated that he does need to have a rental license for economic reasons.
He has used all of his money for school to pay the bills once he stopped collecting rent. If he
cannot sell the home, it will most likely be foreclosed upon as he only has about 1 month left in
savings. Rieke suggested that the City Attorney review the stipulations to determine whether or
not that is an avenue which Lommel would want to take. Lommel replied that he is embarrassed
that there are this many pages on file about him and he understands that the people living in his
home are his responsibility.
Ayes: Deutz, McDonald
Nays: Kalinowski, Wick, Meyer, Rieke, Orcutt Motion Fails 2:4:0
Meyer made a motion to recommend approval of the Interim Use Permit based upon the
stipulations of city staff and the city attorney and approval of the property owner. The motion was
seconded by Rieke.
Discussion: The questioned was asked of Lommel as to whether or not he was clear as to what
the Commissioners have discussed. They also asked Lommel for a verbal go ahead that he is
willing to take on this responsibility. Lommel stated that he has one concern and that is the fact
that it is apparent that he is not liked in the neighborhood. He is concerned that he may be set up
by the neighbors. McDonald stated that other than having specific stipulations and being
responsible for any additional court costs, there is nothing else expected from him than would be
required from other residents in the City. The stipulations are being added as a result of past
actions of the people living in the house. Jovanovich stated that he will need to update the
findings as follows:
3(c): The property owner will manage the property in compliance with the St. Joseph Code of
Ordinances and Minnesota Statutes. If the property owner does not comply with state law or St.
Joseph Code or Ordinances including or not limited to:
• Noise violations
• Liquor violations
• Blocking mailboxes
• General disposing of garbage /personal property on adjoining property
• Blocking mail boxes or ingress /egress to adjoining property
Then, the City would have the right to revoke the license. If the license is revoked, Lommel
agrees to evict any tenants and fully comply with St. Joseph housing Ordinances. If he does not
evict the tenants or comply with the St. Joseph housing Ordinances and the City has to enforce
the same, he agrees to indemnify the City for its attorney fees in evicting the tenants.
Ayes: Kallnowski, Wick, Meyer, Rieke, Orcutt
Nays: Deutz, McDonald Motion Carried 4:2:0
Public Hearing, Special Use Permit — Kristy Bast, Used Auto Dealership: Kalinowski opened the Public
Hearing to order at 7:55 PM and stated that the purpose of the hearing is to consider a Special Use
Permit to allow for a used auto dealership at 709 County Road 75.
The property is legally described as:.64A E170' OF W 186.5' OFOF LOT 9 N OF HWY 52.
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St. Joseph Code of Ordinances 52.32 Subd. 4: Uses Under Special Use Permit. The following uses shall
require a Special Use Permit based on the procedures set forth in Section 52.07.03 of this Ordinance.
e) New or used auto dealerships
The request for Special Use has been submitted by Kristy Bast, 1021 13th Avenue NE, St. Joseph, MN
56374.
With no one present, the Public Hearing was closed.
Deutz made a motion to recommend approval of the Findings of Fact contingent upon all site plan
requirements being fulfilled. The motion was seconded by Rieke.
Discussion: Rieke questioned if there is anything that they need to look at. Weyrens stated that
staff will work out the sign detail and added that there is plenty of space to park the cars.
The motion passed unanimously.
Public Hearing — Monastery of St. Benedict, Preliminary /Final Plat — Benedict: Due to conflict of interest,
Kalinowski stepped down and Deutz assumed the position of Chair.
Deutz called the Public Hearing to order at 8:00 PM and stated that the purpose of the hearing is to
consider an amendment to the Plat entitled "Benedict" to include the property formerly known as Lot 1
Block 1, St. Joseph Cemetery. The purpose of the amendment is to re- establish legal descriptions and
correct property discrepancies.
The proposed amendment was submitted by the Monastery of St. Benedict, 104 Chapel Lane, St.
Joseph, MN 56374.
Tom Matthews, 110 6th Avenue S St. Cloud, approached the Commissions on behalf of the Monastery.
He stated that this whole process started about 10 years ago and added that the City saw an earlier
version of this plat last June. Since that time, it has been refined a little bit more. Originally, it contained
only the property owned by the Sisters of St. Benedict, then the College of St. Benedict was added and
now the St. Joseph Parish. The plat that was approved last year did not include the new cemetery. There
were still some missing gaps and boundary dispute; however, he stated that they now feel they have
everything cleaned up. Once the City approves it, it will then need to go the County for approval. He
assured the Commissioners that they are not platting this property for development; rather to better
manage the property.
Gary Renick, 9803 328th Street St. Joseph, approached the Commissioners along with Doug Danielson
on behalf of the Parish and stated that they are in support of the proposed plat.
The public hearing was closed at 8:05PM.
Deutz questioned whether all of the property being platted is within the City. Weyrens stated that a portion
is in the Township; however, the new cemetery which is being added is within City limits. Deutz
questioned whether the joint board should approve this plat. Weyrens advised him that she spoke with
the Township and they did not feel they needed to approve the change.
Wick made a motion to recommend City Council approval of the amendment to the Plat entitled
"Benedict" authorizing the Mayor and Administrator to execute final plat documents. The motion
was seconded by Meyer.
Ayes: Deutz, Wick, Meyer, McDonald, Rieke, Orcutt
Nays: None Abstain: Kalinowski Motion Carried 5:1:0
Kalinowski resumed her position as Chair.
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Meyer questioned Weyrens as to whether or not they will be discussing Ordinances next month to which
she stated they would. .
Adjourn: The meeting was adjourned at 8:05 by consensus.
J d We ens
d inistrator