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HomeMy WebLinkAbout2003 [10] Oct 16 I I October 16, 2003 Page 1 of 4 I , , , , Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular sessio~ on Thursday, October 16, 2003 at 7:00 PM in the SI. Joseph City Hall.. I Members Present: Mayor Larry Hosch. Councilors Ross Rieke, Dale Wick, Gary Utsch, and AI Rassier. Administrator Judy Weyrens. I ! Others Present: Mike Deutz, Mike Muggly, Paul Schreiber Approve Aoenda: Rassier made a motion to approve the agenda with the following changes: Additions: 5.5 Cloud Net, Wireless Internet 8 (b) Cellular 2000 Removal: 3 (f) Development Agreement, Stonehouse Tavern, move to Council Reporjs for discussion. I , , The motion was seconded by Wick and passed unanimously. ! a. b. c. I d. e. f. Consent Aoenda: Rassier made a motion to approve the consent agenda as presented; seconde'd by Utsch and passed unanimously. I Bills Payable - Approve bills payable as presented Variance Request - Accept the recommendation of the Planning Commission and grant a five-foot variance to Mark and Peggy Zimmer to allow the addition to an existing single-family home. I Lot Split (Imperial Builders) - Accept the recommendation of the Planning Commission contingently approving the request and authorize the Administrator to execute the Certificate of Compliance Lot Split (OM Building) - Accept the recommendation of the Planning Commission and authorize the Administrator to execute the Certificate of Compliance. Application for payment - Authorize the Mayor to execute Pay Application No. 7 (final) authorizing payment in the amount of $46,425.00 to Shingobee Builders. Removed. Public Comments to the Aoenda: None Noise Violation at 320 Old Hiahwav 52. Michael Deutz: Hosch stated that the property owner of 320 Old Highway 52, Michaei Deutz, has not requested an evidentiary hearing, therefore it is an admission of I guilt. The Council by motion must acknowiedge that a noise violation did occur at 320 Old Highway 52. Rassier made a motion acknowledging that a noise violation occurred on September 5, 2003 at 320 Old Highway 52. The motion was seconded by Rieke and passed unanimously. ,I Hosch stated since a noise violation did occur, the Council must move to the disposition. In the past the Council has imposed an administrative fine that is based on the severity of the noise violation and cooperation of the tenants. I Mike Deutz requested that the tenants of 320 Old Highway 52 be allowed to approach the Council. Hosch agreed and tenant Paul Schreiber approached the Council Schreiber thanked the Council for being allowed to explain the circumstances of the noise violation. Schrieber stated it was about 10: 1 0, PM on September 5, 2003 and it was very hot outside. Because it was so hot, they had the windows ope~ in the apartment and the stereo was playing. Schrieber stated that the rental unit is so close to the road; that anytime the window is open noise can be heard and that is why the music may have seemed to b'e loud. The house is leased by 8 tenants and they only had four guests when the noise violation was reported. Schreiber stated they were not having a party, just a few friends over. When the Poi ice Officer arrived, they were not asked to simply turn the music down. Instead the Officer asked for their Drivers License and proceeded to issue them a citation for a noise violation. They asked October 16, 2003 Page 2 of 4 the Officer for the name of the complainant so they could apologize and the police would not give them the information. Schreiber stated it is his opinion that the police did not handle the situation properly as it was not a big party. Further, if they received a citation for the party, why did they have to come before the City Council? In an effort to understand the process used by Police Officers, Hosch stated it is his understanding the following procedure is used by the Police Department when responding to a noise violation. . If a Police Officer notices a potential noise violation, the tenants would be warned to quiet down. . If a complaint is received regarding a potential noise violation, the Officer has the discretion to issue a violation or if it is marginal, they can warn the tenants_ The issuance of violations can depend on the Police Officer working as they may have different levels of tolerance for noise. The Ordinance states that noise that can be heard beyond the property line shall constitute a noise vioiation. Deutz stated it was his understanding that the Officer wamed the tenants that if they did not turn down the music or stop the noise they would be issued a violation. If the Officer had to come back a second time a citation would be issued. He questioned when the Council changed the policy to issuing a citation on the Initial contact. Rassier stated that the Officers have discretion in issuing noise violations and if a complaint is received the Officers do not give the tenants warnings. Rassier stated that the policy has always been that if an Officer noticed a noise situation without receiving a complaint, the tenants would be warned. I Deutz questioned how the tenants are supposed to know that they are being too loud if no one tells them. Rassier stated that the residents are not obligated to call other residents that are disturbing the peace, some are afraid to do so. It is the responsibility of the Police Department to assist the residents and resolve complaints. Residents have the right to report a noise violation anonymously and not fear retaliation. Deutz stated it Is his opinion the City should have a decibel meter to establish a measurable noise level. Hosch concurred with Deutz that the enforcement of noise violations seems subjective and I inconsistent. It is his opinion that the Police Officers and tenants should be able to resolve a situation without issuing a citation. Reike questioned Schreiber how they responded to the officers and whether or not they were respectful. Schreiber stated that they were all cooperative and they thought the matter was resolved when the tumed the music down and provided the Officers with their identification cards. Hosch stated that since the property owner did not request an evidentiary hearing the Council must move forward to the disposition. Hosch made a motion to fine Michael Deutz $ 150.00 for the noise violation that occurred on September 5, 2003 at 320 Old Highway 52. Further, the fine shall be stayed provided no same or similar incident occurs within the next 12 months. For the purpose of tracing noise violations, the incident mentioned above is counted as a violation. The motion was seconded by Wick. Ayes: Hosch, Utsch, Rassier, Rieke Nays: Rassier Motion Carried 4:1:0 Utsch stated that he is disappointed that none of the tenants apologized for the inconvenience they caused in the neighborhood. Schreiber approached the Council and apologized to the Council and Community for the noise violation that occurred at their property. Development Aqreement: Utsch stated that the Planning Commission has reviewed the site plan for the Stonehouse Taven and has recommended the Council execute a Development Agreement between the City of St. Joseph and Stonehouse Taven, allowing for the construction of the steakhouse at the intersection of County Road 75 and 88th Avenue. The Development Agreement should include a provision that access to 88th Avenue will be prohibited. I I I I I October 16, 2P03 Page 3 of 4 Utsch made a motion authorizing the Mayor and Administrator to execute a Development I Agreement between the City of St. Joseph and Stonehouse Taven as recommended by the I Planning. The motion was seconded by Rieke and passed unanimously. . i Discussion: Wick questioned if there are any outstanding issues for the development that haw; not been completed. Weyrens stated that the Developer will need to submit complete drainag~ plans to the City and County Engineer for review. The County will need to review the plans as I the property will drain to the County ditch. Cloud Net Industrial Park: Rieke stated that he requested that Cloudnet appear before the Council to present a proposal to provide wireless internet access to the Industrial Park. The Industrial Park does not have high speed internet available and the property owners have been requesting such. Providing high speed service is a goal of the EDA and Cloudnet is in a position where they could provide the service if they could utilize the tower located at the new maintenance facility. I ! Mike Muggly of Cloud net approached the Council. Muggly stated that Cloudnet has been providing I internet services to the SI. Cloud area for over 10 years, with wireless service being offered the past three years. Cloudnet currently has towers in SI. Cloud, Sauk Rapids and Sartell. Muggly stated that recently they have been mounting devices on radio towers to extend their service area providing service to areas where cable or DSL services are not available. The equipment used by Cloudnet does not interfere with radio frequencies as the equipment finds a signal that is not being used. ' ! Hosch concurred that the EDA has been researching alternatives and is excited that the City will have \he ability to provide the Industrial Park with the needed service. Placing equipment on the City tower I appears to be a simple and cost effective way to provide service. The Council was in general agreement to pursue entering into an agreement with Cloudnet to provide wireless service to the Industrial Park I using the tower at the Maintenance Facility. The Council instructed Weyrens to negotiate the terms arid conditions with Cloudnet and bring the final document back to the Council for consideration. Mayor Reports MTC Services: Hosch reported that he has been approached by the SI. Cloud Metropolitan Transit Commission to discuss the possible extension of services to the City of SI. Joseph. The MTC is requesting the Council consider funding a survey to see if bus services would be utilized. At this time¡the cost of the survey is not known. Rieke requested that the City involve the College of SI. Benedict and SI. John's University in the process. Hosch reported that they have already been approached and are a part of the process. At this time the Council agreed to table any action until a formal request is presented 10 the Council. Council Reports UTSCH - No Report WICK Affordable Housinq: Wick reported that he attended a Ufecycle Housing meeting where they discuss. d required forms and prices for participating housing. Wick reported that he would forward the information to Weyrens. RASSIER - No Report RIEKE EDA Update: The EDA discussed the proposed water and sewer access fees and expressed concern that the business fee has been established beyond what the market will bear. The EDA would like the , opportunity to formulate a hookup fee for businesses. It is the opinion of some of the EDA members fhat October 16, 2003 Page 4 of 4 residential users utilize the water and sewer to a greater degree than businesses and that should be reflected in the rates. Administrator Reports West Metro Consultant Contract: Weyrens reported that she has received a second request asking SI. Joseph to participate in the cost of the study for the West Metro Corridor. Based on direction by the City Council, Weyrens submitted a letter to the APO stating that SI. Joseph will not be cost sharing the West Metro Corridor Study as SI. Joseph is not a direct beneficiary. The Council was in general agreement that St. Joseph will not participate in the study. Cellular 2000 Tower Lease: Weyrens reported that the Public Works Director and the City Engineer met with Representatives of Cellular 2000 to discuss the proposed additional telecommunication devices. It was a recommendation of the Public Works Director to require that the additional cabinets be placed outside of the water tower. A letter has been forwarded to Cellular 2000 detailing the requirements for installation and indicating the annual lease fee for the additional equipment would be $ 1200. The Council requested the Public Works Director and City Engineer prepare a report illustrating the pros and cons of placing the antennas outside of the facility. This matter will be placed on the agenda in November for consideration. Adiourn: Rassier made a motion to adjourn at 8:10 PM; seconded by Wick and passed unanimously. I I I