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Home My WebLink About2013 [02] Feb 04February 4, 2013 Page 1 of 4 Pursuant to due call and notice thereof, the St. Joseph Planning Commission met in regular session on Monday, February 4, 2013 at 7:OOPM in the St. Joseph City Hall, opening with the pledge of allegiance. Members Present: Chair Ross Rieke; Commissioners Gina Dullinger, Brad Cobb, Joe Dubel, Chad Hausmann, and Matt Killam. Council Liaison - Rick Schultz. Administrator - Judy Weyrens. Others Present: Tom Klein, Tim Borresch Oath of Office: Weyrens administered the Oath of Office to new members Chad Hausmann and Matt Killam. Election of Officers - Chair: Schultz made a motion to nominate Ross Rieke for chair; seconded by Cobb. Rieke closed nominations with the motion passing unanimously. Election of Officers — Vice Chair: Cobb made a motion to nominate Gina Dullinger for Vice Chair; seconded by Schultz. Rieke closed nominations with the motion passing unanimously. Approval of Agenda: Schultz made a motion to approve the agenda; seconded by Dubel and passed unanimously by those present. Approval of Minutes: Hausmann made a motion to approve the December 4, 2012 minutes with minor corrections; seconded by Schultz. Public Hearing, Chair Rieke opened the public hearing and stated the purpose of the public hearing is to consider an amendment to Ordinance 52.27 subd.5(b) adding a provision to allow a non -owner occupied rental license if a property owner has tried to sell their home without success. The new provision would allow for a one -time two year interim use permit affording the property owner the opportunity to make application for a rental license and interim use permit. If granted the interim use permit and rental application must be renewed for the second year, expiring at the end of the second year. Tim Borresch, 11— 3'd Ave NW, approached the Commission to question the need to modify and Ordinance that in his opinion appears to be working. He stated that the members of the Planning Commission appear to be relatively new and he questioned how diligently they reviewed the current Ordinance and why it is in place. The City had struggled with how to balance the rental units in neighborhoods with absentee landlords as those properties were less cared for as they were not physically living at the property and may not have been aware of what was happening or cared. The Ordinance adopted in 2000 required rental property to be owner occupied and it appears to have been working as there are fewer unsightly rental properties. Therefore he questioned why the City would consider changing an Ordinance that is working. As there was no one further wishing to testify Rieke closed the public hearing at 7:16 PM. Hausmann suggested adding language to the proposed amendment, whereby the property owner selling the home would provide an appraisal verifying the property being sold is at a reasonable price. This would prevent someone from attempting to rent their home by offering their home at an unrealistic price. Hausmann stated that he did have the experience at trying to sell his home and it was on the market for two years and while he managed to make it work until it sold, it would not have been long before he would have to make a decision on making the payment or not. Having an option of renting his home, while not his first choice, would have been better than letting the home go back to the bank. Schultz discussed the concern of proliferation of rental in residential neighborhoods. This is a long standing concern and that is why the two year sunset provision was added. With regard to requiring a reasonable appraisal, what is considered reasonable? It is for this reason that a provision for appraisal was not added to the amendment as it is too subjective. As an alternative method, the Committee added language requiring residency for one year and three months of active selling before application for an Interim Use Permit could be sought. February 4, 2013 Page 2 of 4 Dullinger stated that she recently sold her home in St. Joseph and while they got close to their selling price, they had to pay some of the buyers cost so requiring a market analysis would not have worked in this case. Additionally, the appraisal price can be vastly different between realtors. She further clarified that if she would have had the opportunity to rent her home, she would have considered such. Dullinger understands and appreciates the concerns regarding rental in the neighborhoods and stressed it is important to keep the integrity of the neighborhood. Dubel stated that he too is trying to sell his home but he does not want to have someone living in his home during the selling period, but understands why it would be desirable. Cobb stated that while he likes the idea of an appraisal, he concurs with Dullinger that the appraisal can be manipulated or varied. He stated that he is more concerned about the actual impact of the Ordinance itself. He stated that he likes the idea of one year residency and the provisions that are included in the draft Ordinance. The draft Ordinance Amendment appears to keep the integrity of residential neighborhoods. Killam questioned if the two year period is final or can someone come back and request additional time. Schultz stated that the intent is for two years only and not extend beyond. Secondly, Killam questioned if there are any provisions protecting the neighborhood from disruptive or negative behaviors. Weyrens stated that the City does have a number of Ordinances such as noise, garbage and parking; it depends on what type of behavior is occurring. The Interim Use Permit is also renewable so if the property has Ordinance violations, the IUP could be suspended; however it would be difficult. Rieke stated that he was part of the adhoc housing committee and he is very sympathetic towards the needs of the residents and the City. He wants to make sure that the City is open to changing times and balancing the competing needs of the residents and the City. Rieke questioned how the Planning Commission could facilitate the review in 18 months. Weyrens stated that the Planning Commission could serve as the board to review the impact of the amendment. Cobb stated that as a single family home owner, it is his desire to protect the market values of the homes and that is important to him. The elements in the amendment protect the values and give the City another tool to help the housing issues that have developed. Rieke questioned how a renter is aware that the rental is a two year term. Weyrens stated that the Committee discussed adding a requirement for keeping the property listed; however, they decided that the homeowner may have difficulty finding renters if the property has to be continuously listed for the two years. As an alternative the Committee resolved to enforce the two year provision and that it would not be renewable. If the property owner waited until the end of the two year period to try and sell there home, they could not come back and claim hardship. Cobb made a motion to recommend the City Council amend Ordinance 52.27 Subd 5 and to request the Council review the impact of the amendment 18 months after adoption; the sunset date of the rental license will be posted on the Certificate of Compliance issued with the rental license so that tenants are aware of the short term rental. The motion was seconded by Schultz. Ayes: Rieke, Dullinger, Cobb, Schultz, Hausmann, Killam Nays: None Abstain: Dubel Motion Carried 6:01 Liaison Update: The EDA is looking at the downtown area and communicating with the property owners and their plans or intent. From that the EDA can look at how to refocus the downtown development or redevelopment. Parking is part of that initiative. Schultz stated that the Planning Commission will be involved in some discussions regarding the potential amendment to the Orderly Annexation Agreement. Rieke questioned if the City has an indication of the traffic impact to the downtown as result of the realignment of CR 2. Schultz stated that not at this time, but traffic studies will be completed in 2013. Hausmann requested that the traffic study include not only volume but class of vehicle as well. February 4, 2013 Page 3 of 4 Adjourn: Rieke adjourned the meeting at 8:00 PM as the agenda was completed. Judy eyrefis Ad ' istrator THIS PAGE INTENTIONALLY LEFT BLANK