HomeMy WebLinkAbout1988 [11] Nov 17
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November 17, 1988 I
Pursuant to due call and notice thereof, the City Council for
the City of St. Joseph met on Thursday, November 17, 1988 at
7:30 p.m. in City Hall.
MEMBERS PRESENT: Mayor Mike Loso; Councilmen Steve Dehler,
Leo Sadlo. Clerk/Adm. Rachel Stapleton. Councilmen Donald
"Bud" Reber and Ross Rieke absent due to other commitments.
OTHERS PRESENT: Duane Sorenson, John Scherer, Leon Heinen,
Steve Erickson, Mary Niedenfuer, Tom Cucuzza, Patrick W.
O'Shea, Kurt Henschel, Timothy Meekin, Carol, Schlucher,
Michael Ackerman, David Ruegemer, Joe Bettendorf.
AGENDA APPROVAL: Dehler made a motion to approve the agenda;
seconded by Sadlo.
Ayes: Loso, Dehler, Sadlo.
Nayes: None. Motion carried.
MINUTES: Minutes of the November 3 meeting were approved
with a motion by Dehler; seconded by Sadlo.
Ayes: Loso, Reber, Sadlo. I
Nayes: None. Motion carried.
MAYOR REPORTS: Father Roman Pauer contacted the Mayor
concerning a letter from a City businessman requesting
payment for vandalism caused by a St. John's student. St.
John's paid the requested $100 as a gesture of good will
only.
COUNCIL REPORTS: SADLO: No report.
DEHLER: No report.
ELECTION RESULTS CANVAS: Sadlo made a motion to approve the
election results as canvassed as follows;
Precincts TOTAL
#1 #2 #3
MAYOR
Mike Loso 408 389 572 1369
CITY COUNCIL
Leo Sadlo 345 297 468 1110
Ross Rieke 296 275 414 985
and declared Mike Loso as Mayor for a two year term and Leo
Sadlo and Ross Rieke as Members of the Council for four year I
terms. The motion was seconded by Dehler.
Ayes: Loso, Dehler, Sadlo.
Nayes: None. Motion carried.
Council discussed refuse service clarification; all single
family residential homes are served by the city refuse
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contract and billed by the City.
AMENDMENT TO SUBDIVISION REGULATIONS: Sadlo made a motion to
approve an amendment to the subdivision regulations
clarifying division of previously platted lots, tracts, or
'parcels of land with a correction of "equal to"or larger
than." The motion was seconded by Dehler.
Ayes: Loso, Dehler, Sadlo.
Nayes: None. Motion carried.
HEARING - RENTAL HOUSING NOISE VIOLATIONS: At 8:00 p.m. a
hearing was held on second violations of the noise ordinance
of apartments known as Meadowlark Apartments, managed by INH
Property Management. Leon Heinen discussed with the Council
that he did not receive timely notice when the violations
occurred and has a strong lease with the tenants. He has
sent termination of lease notices to the tenants of the
apartments with the second violation. Council discussed that
the management has acted responsibly to the situation and
that reporting was incomplete. Dehler made a motion to
suspend the rental license of apartments 202, 204, and 205 of
116 Tenth Avenue SE for a period of 30 days, effective
December 1, 1988 and impose a $1000 fine. 30 days of the
suspension of the rental license would be stayed on
apartments 204 and 205. The motion was seconded by Sadlo.
Ayes: Dehler, Sadlo.
Nayes: Loso. Motion carried.
The Mayor declared a recess at 8:50 p.m.
The Mayor reconvened at 8:55 p.m.
Sadlo made a motion to stay $800 of the fine for the noise
violation because of incomplete ICR; seconded by Loso.
Ayes: Loso. Sadlo. Dehler.
Nayes: None. Motion carried.
City attorney John Scherer asked Mr. Heinen if he would
accept these conditions rather than proceed with an
evidentiary hearin~. Mr. Heinen accepted the conditions and
the following resolution was approved.
RESOLUTION FOR
FINDINGS AND DISPOSITION OF MEADOWLARK
APARTMENT COMPLAINTS
IT IS HEREBY RESOLVED, certain complaints regarding
apartments contained in the Meadowlark apartment complex,
alleging violations of the St. Joseph Noise Ordinance, carne
before the City Council for an evidentiary hearing on
November 17, 1988. The landlord was represented by INH
Property Management and Leon Heinen. Based upon negotiations
and stipulations occurring prior to the evidentiary hearing,
the City Council makes the fOllowing FINDINGS:
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That a violation of the St. Joseph Noise Ordinance
occurred at 116 Tenth Avenue SE, apartments 202, 204, and 205
on September 16, 1988: a violation of the St. Joseph Noise
Ordinance occurred at 116 Tenth Avenue SE, apartment 202 on
September 4, 1988.
Based upon these findings and stipulations regarding
disposition, the City Council, pursuant to the authority of
Section 55.11, Subd. 10, of the St. Joseph Code of
Ordinances, hereby orders the following DISPOSITION:
1. That the rental license for apartment 202 of 116
Tenth Avenue SE is suspended for a period of 30 days,
effective December 1, 1988. The landlord is hereby directed
to notify the tenants of the suspension and their need to
vacate the property on or before December 1, 1988. If the
tenants fail to vacate the premises on or before that date,
the landlord is directed to take immediate steps to pursue an
action in unlawful detainer to secure the vacation of the
premises.
2. That the rental licenses for apartments 204 and 205
of 116 Tenth Avenue SE are suspended for a period of 30 days,
which suspension is stayed through June 1, 1989, on the
following conditions:
a. Payment by the landlord of a civil penalty of
$200 on or before December 31, 1988.
b. That there be no other ordinance violations
occurring at those premises during the period of the stay.
For an ordinance violation to constitute a breach of
condition of the stay, it must be independently verified by a
law enforcement officer of the City of St. Joseph and must be
of a significant nature.
3. That the charges against apartments 101 and 106 of
110 Tenth Avenue SE are continued and will be brought before
the Council for hearing if other violations occur at those
premises.
In taking this action, the City Council has attempted to
balance the public concerns created by disruptive activities
occurring at the premises in question, against the
constructive response by the property manager to the problems
which have arisen.
These findings and dispositions have been adopted by the
City Council for the City of St. Joseph thiB 17th day of
November, 1988.
ADJOURN: Sadlo made a motion to adjourn at 9:20 p.m;
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seconded by Dehler.
Ayes: Loso, Dehler, Sadlo.
Nayes: None. Motion carried.
Rachel Stapleton
Clerk/Administrator