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HomeMy WebLinkAbout2013 [07] Jul 18July 18, 2013 Page 1 of 8 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, July 18, 2013 at 7:00 PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance. Members Present: Mayor Richard Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso and City Administrator Judy Weyrens City Representatives Present: Finance Director Lori Bartlett, Police Chief Peter Jansky, City Engineer Randy Sabart, Public Works Director Terry Thene Others Present: Residents: Cory Ehlert, Tom Krebsbach, Frank Osendorf, Loretta Steckelberg, Cecilia Steckleberg and John Steckelberg PUBLIC COMMENTS Loretta Steckelberg, 301 11th Ave SE, approached the Council regarding the parking pad ordinance. She has not been able to attend prior meetings due to her work schedule and timing. She doesn't feel she has received adequate answer as to why Class 5 is no longer appropriate for the parking pad when it was accepted five years ago and approved by the building inspector. Some say aesthetics, runoff, or it's not deep enough. The resident letter said that you have until June 30, 2014, to come into compliance. If they choose not to concrete it and cease to park on it, is it in compliance? What about children's toys, wagons, or lawn mowers? Regarding aesthetics and weed growth, this happens on everyone's land — on the concrete, tar, and on their curb that was repaved two years ago so this is punitive point. It affects 43 homeowners. Some have driveways in front of concrete pad and they don't have to come into compliance like those who have driveways alongside their house. Until she finds out these answers, she will keep coming back to the future meetings. John Steckelberg, 301 11th Ave SE, continued on the topic of parking pads and in follow up to the meeting June 17, 2014. He feels the purpose hasn't been clearly explained. It's communicated that it will help make the city a more appealing place. However, he expressed that it's "an attempt to force people to change their own property with their own money to conform to the opinion of the few" and it's been with fuzzy explanations and inconsistencies. He stated that previously Frank stated that all other cities are doing the same and St. Joseph is one of the last. Steckelberg stated in his opinion this rationale does not justify the changing requirements. He suggested that the Council place the matter on the ballot and let the residents decide. If the City is inclined to keep the Ordinance as written they should also require all driveways to be impervious. Tom Krebsbach,29321 Kraemer Lake Rd (building a home at 110 Coleman Court), approached the Council to discuss the draft Golf Cart Ordinance. He stated that he will be moving into St. Joseph shortly and he owns a golf cart that he would like to drive on all the City streets in St. Joseph, including MN Street and College Avenue. He understands that MN Street and College are county roads. St Joseph maintains the roads, police officers patrol the roads and he would like to drive his golf cart on all streets. Frank Osendorf, 615 7th Ave NE, approached the Council to discuss the draft Golf Cart Ordinance. First he stated that he supports the Council in their decision to maintain parking pads in residential areas. With regard to the Golf Cart Ordinance, he has three concerns, the limitation to City streets, requirement for slow moving vehicle sign and limitation for driving after sunset. With regard to limiting the use to City streets, Osendorf stated that he lives on the north side of the City and the only safe place to cross CR 75, and not traverse on a County Road is Northland Drive and if you want to go downtown, you have to cross MN Street twice using side streets and /or alleys. For the places that he would like to access it would be difficult to use his golf cart not using any County Road. Further he does not want to place an "ugly" slowing moving vehicle sign on his golf cart and he wants the same privileges as snowmobilers to use his golf cart after sunset. His vehicle is equipped with headlights and tail lights. It is his understanding that the County has provided an exception in Melrose, allowing golf carts to drive on a County Road. He requested the Council table action on this Ordinance and request exception from Stearns County. July 18, 2013 Page 2 of 8 Approval of the Agenda: Frank made a motion to approve the agenda with the following corrections: Delete 8(a) Park Terrace and 5 St. Joseph Lions. The motion was seconded by Wick and passed unanimously. Discussion: Frank thanked those donating for use of the Archery Range and Disc Golf and to ADM for the fire equipment. Consent Agenda: Loso made a motion to approve the consent agenda as follows; seconded by Frank and passed unanimously: a. Minutes — Approved the minutes of May 20, 2013. b. Bills Payable — Approved check numbers 046730- 046822, payroll EFT # 000819 - 000828 and accounts payables EFT #001620 - 001623. c. Donations — Accepted the anonymous donations from the disc golf ($19.44), archery range ($37.75) and camping ($122.00), ADM ($ 3,500). d. Treasurers Report — Accepted the June 2013/2nd Quarter Treasurers Report as presented. e. Application for Payment — Authorized the Mayor to execute payment #2 for the 2013 Sidewalk Improvement to Concrete Idea in the amount of $ 36,957.82 Cory Ehlert — Funding for Future Grant: Cory Ehlert approached the Council to request the Council, through the budget process, consider a financial contribution for a grant application in 2014 seeking funding for converting rental homes to single family homes. He state he and Jason Krebsbach from the Central MN Housing Partnership (CMHP) have previously approached the EDA and City Council in anticipation of submitting a grant application in 2013. Since that time the CMHP has suspended the application as there was not enough time to solicit partners and gather the required information. Ehlert stated that he did receive funding in the amount of $ 19,500, over a three year period, from the St. Cloud Realtors Association. Schultz questioned Ehlert the amount of financial contribution he is seeking, to which Ehlert responded that he is requesting the Council include $ 25,000 in the 2014 budget. Ehlert believes the City, as the tax receiver of property taxes, should take a lead in this effort and other parties secondary. The grant contemplated would have been $ 400,000 -$ 500,000 and would have functioned as a revolving loan, funding two to three homes each year for 22 months. Wick stated that the EDA does not have specific funding set aside for this program, but he could bring the matter back to the EDA. Schultz stated that for him it is a matter of balancing the increased taxes versus benefit of the program. Frank asked Ehlert, as a realtor, to comment on the parking pad ordinance and the impact of improved parking areas versus class 5 or some other surface. Ehlert shared that selling a home by a neighboring homeowner that has no respect for where or how their personal property is parked is a very difficult thing to overcome. When a buyer comes into a community, they look into the neighborhood, how its' kept, how neighbors live, how the grass is maintained as well as the home's exterior. Having a dedicated spot for campers, boats, and vehicles cleans up and creates an orderly response for property. He commended the Council for their proactive approach in requiring designated improved areas for parking. Planning Matters — Special Use Permit, Keith Eisenschenk: Weyrens reported that the Planning Commission conducted a hearing to consider a special use permit to allow a non -owner occupied rental in a R2 Zoning District. The request was submitted by Keith Eisnschenk for property located at 504 MN St E. The property has previously been used as a rental; however the rental license has lapsed and the Ordinance now requires issuance of a Special Use Permit. At the public hearing the Planning Commission received a petition signed by surrounding neighbors encouraging the Planning Commission to deny the request. Weyrens stated that the Ordinance governing R2 includes a provision for non -owner occupied rental by issuance of a special use permit allowing the City to place conditions if necessary to lessen the impact. Loso made a motion to accept the recommendation of the Planning Commission, authorizing the Mayor and Administrator to execute the Findings of Fact issuing a Special Use Permit to Keith Eisenschenk to operate a non -owner occupied rental at 504 Minnesota St E. The motion was seconded by Wick. July 18, 2013 Page 3 of 8 Discussion: Frank questioned at what point by issuing variances the Ordinance become ineffective and the new standard. Weyrens stated that if the Council were considering a variance, it is true that if the same deviation from the Ordinance is creating residents to seek a variance and they are granted, the Planning Commission and Council should review the provision and possibility amend. However, the matter before the Council at this time is a special use permit, which entitles the property owner to a use whereby the City can place restrictions. Weyrens also clarified that a special use permit, once issued, remains with the property whereas an interim use permit can sunset or expire. Wick confirmed that the Planning Commission didn't place any special conditions other than normal rental provisions. Schultz stated the property being discussed is a duplex and the property to the east has a fence in the rear yard whereas the property to the west, 504, does not. He encouraged the Council to consider requiring a fence behind the property being discussed to create an additional barrier to the adjacent property. Schultz made a motion to amend the motion to require Eisenschenck to construct a fence on the south property line to provide a buffer from the adjoining property, similar to the property to the east. Wick seconded the amendment. Discussion: Wick clarified that access to the parking in the backyards of 504 and 508 MN St E would be from 5th Ave SE and if different property owners own the property, the fence would limit the ability for access to the eastern property. Weyrens stated that Eisenschenk intends to purchase the second property when it is available as it is still in the foreclosure process. Vote call on amendment: Passed unanimously. Vote call on amended motion: Passed unanimously. Planning Matter, Interim Use Permit, Cory Ehlert: Weyrens reported that the Planning Commission considered the Interim Use Permit issued to Cory Ehlert in 2010 to operate a non owner occupied rental at 29 MN St E. The property is zoned B1, General Business and requires a business in addition to dwelling units. Ehlert was initially issued a three year renewable Interim Use Permit with the anticipation that a commercial use would be established prior to the expiration of the Interim Use Permit. The provision at the time of issuance allowed for a three year permit, expiring in 2013, with a onetime extension. Therefore, at this time the three years has expired requiring approval by both the Planning Commission and City Council. The Planning Commission questioned Ehlert to whether or not he has attempted to find a tenant for the lower level and reminded him that the IUP issued is only renewable once. Ehlert responded that he has not actively solicited a commercial space is limited to approximately 450 square feet. He informed that the Planning Commission that in his opinion the area is not ready for conversion to the commercial use and rental is the best use at the present time Ehlert was present at the meeting and was questioned by the Council as to how many tentants would be occupying the rental unit to which Ehlert responded three. The Council verified that the property is licensed for three and he cannot exceed. Wick questioned what happens if after three years Ehlert has still not secured a commercial tenant? Weyrens stated that if the current Ordinance is still in place, he could make application for a new interim use permit and if approved would have a sunset date not to exceed three years. Wick made a motion to accept the findings of fact, extending the 2010 Interim Use Permit allowing a rental permit in a General Business District without a commercial use; with the IUP expiring on August 1, 2013 at which time the property should be transitioned to a mixed use. The motion was seconded by Symanietz and passed unanimously. 2013 Wastewater Improvement — City Engineer Randy Sabart stated the along with SEH staff presented the feasibility report for the proposed improvements to the main lift station and controls. The project as presented includes a project cost of 2.2 M. Weyrens stated that the Council is at a point where a decision needs to be made if the project is to move forward for construction. It is anticipated that one bond will be July 18, 2013 Page 4 of 8 issued for the 2013 projects and bond counsel is waiting for the final amount for bonding purposes. Weyrens suggested the Council conduct a work session to further discuss the project giving the City Engineer time to meet with staff again to see what if any components could be change /eliminated to reduce the overall project cost. Schultz questioned Sabart if the project can be constructed incrementally. Sabart stated that the project could be segmented into two projects; however, the project cost would increase as the contractor would have to setup /stage twice. The first project would include the underground work, crossing under County Road 75, surface and wet well improvements with the second phase the pump house including controls, generator, ventilation and needed building improvements. The more significant part is underground and tanks and has appeared on the CIP as two projects. Frank recollected that some things were critical, potentially life threatening. Sabart answered that codes and requirements have changed over time so by today's standards, there would be ventilation requirements as St. Joseph has work space that comes in contact with wastewater. Loso asked if pipes would be bored under County Road 75 and if there's enough time to complete it this year. Sabart indicated it would be tight under this year's schedule but the project can be started. The Council agreed to meet at 5:00 PM on August 31 2013 to continue the discussion ORDINANCE AMENDMENTS Recreational Vehicles: Weyrens presented the Council with a draft Ordinance regulating the use and operation of golf carts within the corporate limits. The Council had received a request from two individuals wanting to access local streets via golf cart. Weyrens stated that the proposed Ordinance governing recreational vehicles is a combination of Ordinances from Minnesota Cities and League of Minnesota Cities. The 2011 Code of Ordinances include a separate Ordinance for Snowmobiles and another one for Alterrain vehicles (ATV). In order to create uniformed regulations for various types of recreation vehicle, all types have been placed in one Ordinance and is entitled Recreation Vehicles Frank questioned if the purpose of creating one Ordinance was to create uniformity why separate out within the Ordinance each type of vehicle with different operating hours or abilities? Weyrens responded that each different type of recreational vehicles is equipped with different safety devices and MN Statute has different provisions. The creation of one Ordinance simplifies the resident looking for guidleslines. Currently they would have to search through two or three different Ordinances and by putting them all in one it is easier for the consumer. The City cannot create an Ordinance which includes provisions that are contrary to State Law. The current State Law only allows City's to create regulations for streets for which they have control. Therefore, the City cannot allow vehicles to traverse on Minnesota Street, College Ave, etc. Frank reiterated that the City does not have flexibility in where recreational vehicles such as golf carts can drive, but the City can allow them to drive after dark. Police Chief Pete Jansky stated that he has concerns allowing golf carts to drive after dark, especially after dark. It is his opinion that they become a safety hazard as residents are not expecting a golf cart on the streets and they are slower moving vehicles. If there is a slower vehicle moving on roads at slower speeds and it doesn't have the larger - sized tail lights that a regular vehicle would have, larger vehicles run into them. They even have close calls with snowmobiles but unfortunately they are regulated by state law. Frank asked the difference of a bicycle with lights going down a city street. Jansky knows it's dangerous, but it's permitted by state law. Frank believes the laws should be as uniform as possible. Frank commented that it gets tricky in terms of using county roads. It is his understanding the MN Street is coming back to the City in possibilities of getting state aid, improvements, etc. Weyrens clarified that the City is trying to make the best move for the City so they don't have to pay for county improvements. Frank encouraged that strategy should be concluded fairly quickly because it impacts other things such downtown and how parking is planned. Schultz commented that it does for Minnesota Street, but not for College Avenue. July 18, 2013 Page 5 of 8 During the public comment portion of this meeting a resident spoke on behalf of the proposed Ordinane requesting the City allow golf carts to drive on County Roads as they do in Melrose on CR 13. Frank stated if there is a precedent that Stearns County has made with Melrose, there should be a petition for the City as well. Symanietz stated that in Melrose CR 13 is used to cross 1 -94, the road leads to the golf course and is not a busy road. Frank feels that we need to accommodate an ever - increasing aging community. Schultz asked for Weyrens to check to see how Melrose's permission to cross County Road is framed in comparison to what is requested in St. Joseph. Some things that apply there may not apply here. Residents present commented that their information came from the sheriffs office. Realizing that we would like to accommodate, safety still is of utmost priority. Wick mentioned, regarding all our ordinances, we do not intend to allow what MN state statutes prohibit nor prohibit what the statutes allow. The slow moving vehicle emblem regulation is state statute. Operation times are sunrise to sunset for golf carts but 8AM to 8PM for ATV's. Wick noticed that a part of the ATV ordinance states that motorized golf carts, all- terrain vehicles and utility task vehicles can be operated on designated roadways from sunrise to sunset unless vehicles are equipped with headlights, tail lights, and rear facing brake lights. Language can be changed to make it consistent. Under the designated roadways, the statute says "on designated roadways or portion thereof under jurisdiction" — what is jurisdiction? St. Joseph plows the streets, polices the streets, and performs maintenance such as crack sealing. Weyrens shared that there is a maintenance agreement between the City and County regarding County Roads and Stearns County has ownership and control. When there are improvements, the County pays for the center to 24' and extra width and sidewalk improvements are local expense. A conversation with the County would be in order as Wick thinks we should be able to have golf carts on Minnesota Street due to jurisdiction and its' definition. Loso quotes safety concerns on Minnesota and College, not so much in the summertime but during the school season. There are not shoulder straps, airbags, and other protections when driving golf carts. Jansky's sole concern is the people's safety. On County Roads, there are larger vehicles going faster speeds than smaller -sized vehicles. If allowed, the intersections of County Road 2 /Kay's Kitchen as well as 133 by McDonalds are most dangerous, and there are near misses daily with motorcycles and regular - sized vehicles, much less adding golf carts. Smaller vehicles and golf carts are a wave of the future, but if we inconvenience those by having them to go around the city a safer way, the council would be doing due diligence in keeping people safe. The Council requested that Weyrens research the additional questions raised at this meeting for consideration in the future. Penalties and Fees: Weyrens reported that this topic is in response to Frank's request to intertwine issuance of licenses and permits to payments of city fees and taxes. Basically it states that one cannot obtain a permit, license or land use application if the applicant has an outstanding financial obligation to the City. Weyrens stated that adoption of such an Ordinance would require a reference in each Ordinance where the City intends to withhold a license, permit or land use matter. At this time the regulating Ordinance has been provided for Council review and if the Council wishes to move forward all applicable Ordinances would be reviewed and additional amendments would be prepared. Staff did not want to expend resources if the Council did not want to move forward. The Council agreed to move forward. Peddler: Weyrens presented the Council with a draft peddlers Ordinance. The City currently has a Green River Ordinance which is in need of updating. With the increase of door to door peddlers the City staff has research possible Ordinance Amendments to help protect the residents. The League of MN Cities has developed a chart identifying the differences between peddlers and transient merchants as well as providing a sample Ordinance. The sample Ordinance provided by the League is being proposed to the Council for adoption. Wick questioned the sign size requirements and what happens if a sign is not the size listed in the Ordinance, is it not valid? He also questioned what impact the Ordinance would have on girls scouts, boy scouts or school children selling goods. Weyrens stated that she would check with the City Attorney. July 18, 2013 Page 6 of 8 Noise: Weyrens presented the Council with a draft amendment to the Noise Ordinance. During a recent noise violation hearing it was noted that there is an inconsistency between the noise ordinance and rental ordinance. The proposed amendment removes the conflict as well as adding some language regarding industrial noises. The Ordinance language has also been updated to include noise relating to current technology. In addition, the time limits regarding construction noise has been located within the noise Ordinance rather than just in the building ordinance. The time has also been modified to 9PM rather than 8 PM. The Council requested the amendment be finalized and placed on the consent agenda for final approval. 2014 Budget: Weyrens presented the Council with the draft 2014 budget, which has been prepared by staff. The overall budget has increased and the proposed budget includes a slight increase to the tax rate. In forecasting the revenue, the new LGA has been included which has increased substantially. Schultz questioned if the budget included any projects of the Council to which Weyrens stated no, input was not received. Schultz recommended that Councilors submit suggestions to Weyrens before Friday, July 26, 2013. Weyrens stated that some ideas discussed by the Council in the past have included the relocation of the power lines on MN Street, Digital Sign on CR 2 and MN Street Landscaping. With regard to the relocation of power lines, Xcel Energy will be coming to the August 15 Council meeting to discuss the options. Public Works Director Terry Thene stated that he has included the MN Street Landscaping within his budget. Weyrens also reported that Rich Feneis was unable to secure partners to replace the existing sign on CR 72 and College Avenue /CR 2. Since the technology is old, she recommended the Council remove the sign. The Council requested a quote on removal before making any decisions. Street Improvement Process: Weyrens reported that Frank and Schultz asked about how the City notifies residents of pending projects. Residents involved in the current street project were notified in March of the pending project, which included an estimated assessment amount and only six residents attended out of a possible 100 property owners. Prior to that the City Engineer conducted on open house to which even fewer residents attended. Frank and Schultz indicated that residents at the final assessment hearing in July expressed sentiment that they wished they would have had more notice to plan for the expenditure. Weyrens stated that staff schedules an open house before the Council conducts the public hearing to help notify the residents. Administrator Reports Sales Tax: Weyrens reported with the Legislature allowing for the extension of the St. Cloud Area one - half cent sales tax, the City will have a series of actions that will be required. The first action is accepting the Legislation by resolution and then filing the resolution with the State. The resolution must be filed before the Legislative Session starts. The resolution before the Council is the same resolution being presented to the other participating Cities. Frank questioned if the City will have to place the use of funds on the ballot again to which Weyrens stated yes. At the next Intergovernmental Meeting the sales tax extension will be the main focus as the Cities begin to discuss what the regional project will be. The Joint Powers will regulate the regional project. Wick questioned if any financial projections have been prepared as when the first sales tax authority was approved St. Joseph received more than one dollar for each dollar collected. Weyrens stated that the financial analysis has not yet been prepared. Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2013- 0028 authorizing a one -half cent local option sales and use tax for the St. Cloud Area Cities and have the same resolution forwarded to the State. The motion was seconded by Loso and passed unanimously. Garbage /Compost: Frank stated that he was proponent of the incentive recycling program that is currently offered in St. Joseph; however, the program in his opinion has become diluted and he recommended looking at dropping the program. Weyrens stated that the refuse contract expires in 2014 and the City will be bidding the service and can consider the recycling options at that time. July 18, 2013 Page 7 of 8 Labor Contracts: Weyrens reported that the City received the Intent to Negotiate for the AFSCME contract and LELS also comes up this year. During the process of reviewing legal services the Council discussed using different firms for projects. Therefore, the Council should determine if the City Attorney or Flaherty and Hood will be representing the City. In addition, the Council should determine which two Council Members will serve on the negotiating committee. In the past the committee has been rotated and based on that premise, Wick and Frank would be the committee. The Council agreed to use Flaherty and Hood for legal services and appoint Wick and Frank to the negotiating committee. Human Rights: Weyrens reported administrators met to discuss the new process. There is a tentative meeting set for the end of August and the City must appoint to members of the Council to participate. The Council agreed by consensus to appoint Symanietz and Frank. Bonding Request: Weyrens stated that she had been asked by the Mayor to submit a bonding request to the Legislature for funding of a $ 4.2M Community Center (stand alone building) to be used for the community's active and passive recreation. Part of the process requires a resolution of support from the governing body. Frank confirmed that this is not committing the City to anything, just keeping this in front of legislature for consideration. Wick made a motion to authorize the Mayor and Administrator to execute a resolution of support seeking $ 4.2 Million in bonding for a new community Center. The motion was seconded by Symanietz and carried unanimously. Mayor Reports Joint Planning_ Board: Mayor Schultz reported that the Board met on July 8, 2013, and granted a variance to Pam's Auto on the maximum height of a fence. The variance granted allowed an additional 1'6" fence provided the fence was screened. Fire Relief: Schultz attended the July 9, 2013 meeting and the budget was reviewed. They had a bill from a previous auditor that did their tax exempt status. Although questioned, it was suggested to pay the bill and move on. Chamber of Commerce: Schultz gave a brief presentation to the Chamber of city updates and activities. When it came to the Government Center discussion, they asked if the City would be willing to partner with them on shared office space in the new building. Schultz shared thoughts and that they'd keep that in mind if /when plans move forward. St Cloud City Council Public Hearing /Sidewalk on New /Reconstructed Development Ordinance Change: On July 15, 2013, Mayor Schultz attended the hearing and reported that discussion was all over the spectrum. It passed 4 -3 with really good discussion. He thinks St. Joseph should consider a future sidewalk ordinance when we put in new developments and with reconstructed and newly constructed streets. We do now only require sidewalks when connected to the trail system. Weyrens will research the current city ordinance. Township and City Planning: On July 16, 2013, the City and Township Planning Commission met to continue the discussion on the updating of the Orderly Annexation Agreement. Discussion focused on updating the maps, goals of the St. Joseph Comprehensive Plan, tax sharing and potential development adjacent to 1 -94 on both the north and south side. The group will continue to meet and the next meeting is scheduled in mid- August. CSC and Monastery Meeting: On July 18, 2013, a meeting was held regarding a high -level tour of what the City may be planning for the future and CSC /Monastery did the same. It was a good session and he recommended meetings like this every six months. Meet and Greet: Another Mayor's Meet and Greet is scheduled at the Local Blend on Saturday, August 3, 2013 from 9:00 -10:00 AM. Council Reports SYMANIETZ July 18, 2013 Page 8 of 8 Mayor Schultz covered the meetings she also attended. She thanked everyone for participation in the festivities on July 3 -4, 2013. Police Jansky confirmed that there were some fireworks issues, but nothing concerning the event itself. She requested that anyone walking or biking should use the trails as it's much safer than streets. WICK EDA: Wick reported that the EDA met on June 26, 2013 and discussed goals and prioritization, new business opportunities and downtown needs. Patti Gartland of the St. Cloud Development Corporation will be present at the July meeting to discuss the merits of membership. LOSO No report. I'm" M_1 ,1V St. Joseph Parish 4th of July Festival: While the 4th of July festivities were successful he did receive some complaints and the debris from the fireworks and potential safety hazards. He was approached by a resident who had collected a bag of debris. Weyrens stated that she had a discussion with the same resident and contacted the vendor who displayed the fireworks. They assured her that the downfall is not hot and they clean up the area around the shoot site. The Public Works Department did sweep Baker Street to help eliminate the debris and the cost will be billed back to the St. Joseph Parish. Parking Pads: Frank stated that he still has received comments on the regulation for parking pads and questions why class five is not considered acceptable material. He is also concerned that the City is not consistent in the regulation and wants to assure that all residents are treated equally. Weyrens stated the use of class five does not prohibit grass from protruding and is not impervious. The police department identified the areas of non - compliance and if a non impervious surface was located without a car parked a notice was not sent. The Department has every intention of being consistent and will continue to monitor parking pads. Frank stated that he also understands the concerns that at one point class five was allowed. Symanietz responded that perhaps it was okay five years ago, but regulations change. Frank concurred but stated that rather than say it is not okay the explanation should include the City adopted new Ordinances creating the need for impervious surfacing. Adjourn: Loso made a motion to adjourn at 8:15 PM; seconded by Schultz and passed unanimously. Judy eyre s Admi strator