Loading...
HomeMy WebLinkAbout2005 [03] Mar 03 I I I - March 3,,2005 Page '1 of 6 I I Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, March 3, 2005 at 7:00 PM in the SI. Joseph City Hall. 1 Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Ross Rieke, Renee Symanietz. City Administrator Judy Weyrens. Citv ReDresentatives Present: City Engineer Joe Bettendorf, City Attorney Tom Jovanovich Others Present: Kevin Carpenter, Ian Carpenter, Chris Baldwin, Jen Hitzemann ADDrove AQenda: Rassier made a motion to approve the agenda with the following changes: Remove 3b Minutes Move 3c Contract Payment- Move to 8d under City Engineer Reports The motion was seconded by Symanietz and passed unanimously. Consent AQenda: Wick made a motion to approve the consent agenda as follows. a. Bills Payable - Approve check numbers 35450-35508 b. Removed c. Moved to 8d i d. Firefighter Compensation Adjustment - Accept the recommendation of the Fire BOðrd and increase the annual salary of the Fire Chief and Assistant Chief and increase the response compensation. e. Grant Application - Authorize the Mayor and Administrator to execute a Grant Application to the DNR for funding assistance for bathroom facilities at Northland Drive. The motion was seconded by Rieke and passed unanimously. Public Comments: No one present wished to speak. 2005 ImDrovement Bond Sale: Bond Counsel Monte Eastvold appeared before the Council to present the financing for the 2005 Improvements for the Cloverdale area and Hill Street. Previously, the Council I . authorized the issuance of a $ 1,655,000 Ne90tiated Bond. Eastvold presented the following information Project cost $ Net effective Interest Rate Average Interest Rate Life of Bond Issue Percentage of Assessment Revenue Bonds Callable 1,521,134 4.60% 4.03% 15 Years 77 2012 Due to the size of the Bond Issue and the type of bond issue <negotiated sale) the City must hire an independent financial advisor to review the bond sale for pricing fairness with the market. Mericor Financial Services is willing to provide this service at an estimated cost of $2,000. The Council must authorize execution of an engagement letter between the City of SI. Joseph and Mer/cor Financial Services. , Wick made a motion authorizing the Mayor and Administrator to execute the engagement letter I between Mericor Financial Services, Inc. and the City of St. Joseph to provide a fairness opinion of the 2005 Improvement Bond Issue at an estimated cost of $ 2,000. The motion was seconded by Rassier and passed unanimously. I Rassier made a motion authorizing the Mayor and Administrator to execute the resolution issuing bonds in the amount of $ 1,655,00 for the 2005 Utility Improvements. The motion was seconded by Rieke and passed unanimously. : .. March 3, 2005 Page 2 of6 Noise Violation. 29 E Minnesota Street: Weyrens reported that the Police Department responded to a noise complaint at 29 Minnesota Street East on February 20, 2005. Roger Schleper and Brock Ketcher of Rock Properties own the property in question. Weyrens stated that the property owners have contacted her regarding the violation and they do not dispute that a violation occurred. Since an evidentiary hearing is not being requested the Council must acknowledge that a violation did occur. After acknowledgment the Council then must decide the disposition. I Rassier made a motion authorizing Northland Securities to purchase the bonds at the stated interest rates. The motion was seconded by Symanietz and passed unanimously. Rassier made a motion acknowledging that a noise violation occurred on February 20, 2005 at 29 Minnesota Street East. The motion was seconded by Wick and passed unanimously. Carib om stated that since an evidentiary hearing was not requested he will allow one representative of the property to approach the Council. It was also clarified for the Council that the noise violation that occurred in 2004 resulted in a City Council fine to the landlord in the amount of $ 250.00, of which $ 100 was assessed for lack of cooperation with the Police Department. The noise violation of February 20, 2005 also included a lack of cooperation with the police department and resulted in two agencies assisting the Police Department spending over two hours at the site. Roger Schleper, Rock Investments, approached the Council and stated that they own several rental properties in the City and to the best of their recollection the two noise violations mentioned at this meeting are the only violations they have received. Schleper stated they understand the severity of the noise violation and for that reason they have begun the eviction process. He further stated that new tenants are scheduled to move in on June 1 for the summer months. Carlbom questioned Schleper as to who will be paying the fine imposed by the City Council. Schleper I responded that they will pass any monetary fine on to the tenants as they did with the first fine imposed by the Council in October 2004. Rieke questioned Jovanovich as to whether or not it matters who pays the fine. Jovanovich stated it is irrelevant who pays the fine. As far as the City policy, since the landlords own the property and receive a license to operate a rental unit within the City, it is best to handle issues with the landlords rather than the tenants. Carlbom stated that he is concerned that the landlord has no financial burden if they pass the fine on to the tenants. Rassier stated that the City Council has the authority to suspend the rental license, which would create a financial burden to the property owner. Rassier made a motion to fine the property owner of 29 Minnesota Street East $350 and to suspend their rental license until July 31, 2005. The motion was seconded by Wick. Schleper stated they took action after the first violation and tried to stress the seriousness of the violation to the tenants. He asked that the Council offer some leniency towards those students who are planning to move in June 1. Wick clarified that the students moving in on June 1 are new tenants. Kevin Carpenter, attorney representing the students, requested to speak. Wick stated that he is opposed to letting him speak, as this in not an evidentiary hearing. Carpenter stated that his son is one of the tenants and will speak on his behalf. Carpenter stated that when reading through the material presented to the Council, it stated that the tenants would be out by March 1. However, the judicial process is just beginning and as a result the tenants are still living in the house. He also stated that currently the Council deals with the landlords, it is his opinion that the tenants need to be involved to ensure that they receive the information and have an opportunity to dispute the claims. There was some discussion amongst the Council members regarding the motion by Rassier. Wick questioned whether or not Rassier would amend his motion to allow the summer tenants to occupy the residence. Caribom addressed the possibility of suspending the license for the balance of the current license year rather then July 31. Rieke stated in his opinion that $ 350 is too low for this violation and questioned if there is a matrix for noise violations. Weyrens stated that the City does not have a matrix I ~ I I I -""""''''",:':''''''''.''~''''"."~~,~.",~,,--.y,,,~~,,,,,,~ . I i I March 3,: 2005 Page (3 of6 I for noise violations, however the minimum fine for a noise violation is $ 150 as established by the City Council. The Council has previously discussed establishing a matrix for noise violations, however, there are too many variables and it was decided to not establish a matrix. Rieke stated that it may be better to keep the license intact and raise the fine. Carlbom stated to the best of his knowledge there is not a lack of housing in the summer months and the tenants scheduled to move in June 1 can easily find alternative housing. By suspending the license, the property owner will feel the impact as well as the tenants. qn the other hand, Wick stated that the property owner did not invite the people over and the property owner did not receive the noise violation, the tenants did. As a result, he feels that the fine should be increased! and the suspension time should be lessened. i I Symanietz made a motion to amend the motion to end the suspension period on June 1 rather than July 31, 2005. The motion was seconded by Wick. Ayes: Wick, Rieke, Symanietz Nays: Carlbom, Rassier " Amendment Passes 3:2:0 Rieke made a motion to amend the motion to increase the fine from $ 350 to $ 750 with the suspension period ending June 1, 2005. The motion was seconded by Wick. Ayes: Rieke, Wick Nays: Rassier, Carlbom, Symanietz Amendment Fails 2:3:0 VOTE CALL - AMENDED MOTION Ayes: Symanietz, Wick Nays: Rassier, Carlbom, Rieke Amended Motion Fails 2:3:0 Carlbom made a motion to fine the property owner of 29 Minnesota Street East $750 and suspend the renta' license until July 31, 2005. The motion was seconded by Rieke. : I Ayes: Rieke, Rassier, Carlbom Nays: Symanietz, Wick Motion Carries 3:2:0 Schleper stated that he currently passes the fine on to the students so that they feel the impact that their violation had on the City. He questioned the Council what he should be doing differently. He stated that there is a lot of misconception of off-campus college students in the City and that if the City would be interested in a meeting with the Council and Landlords, he would be the first to volunteer. ARCON DeveloDment: Weyrens stated that the Planning Commission conducted a public hearing for:the Preliminary Plat entitled River's Bend. The developer for the project is Arcon Development with Rick I Packer the project manager. River's Bend includes utilization of the PUD process, seeking relief on lot sizes for 53 lots and reducing the sideyard setback on the accessory side from 10 feet to five feet. The Planning Commission is recommending that the Council rezone the areas identified as R1 on the plat and leave the portions illustrated as R3 as Agricultural. The developer has not provided a detailed site plan for the R3 portion of the plat, therefore, upon the recommendation of the City Attorney, that portion ofthe plat should remain agricultural. The final action by the Planning Commission is recommending appro'¡'al of two variances on design standards, length of a block and cul-de-sac. i : Rick Packer approached the Council representing ARCON Development. He stated that this process: began 3 years ago. This is a large project with 460 acres and 571 Single Family Lots. The project will be spread out in phases over time through 2018. He further stated that the environmental review procesS has been completed with the Council approving the AUAR in 2004. Once approved, the AUAR functions as the Comprehensive Plan for the River's Bend Plat. Packer presented the following information: I . PUD Application - Packer stated that he has requested to develop the property undel the PUD Ordinance to have varied side yard setbacks of 5' and 10'. Packer stated in his I opinion varied setbacks lead to better looking subdivisions as well as allow for future expansion. Packer also stated that with these setbacks, most people will put the garage March 3, 2005 Page 4 of 6 · on the 5' side, which would eliminate any room for recreational vehicles on the side of the yard. Their average lot is 13,500 sq. ft., however, there are 53 lots that meet both width and depth, but do not meet the minimum sq. ft. Packer stated that he has withdrawn the R3 Zoning request, as the Planning Commission would not consider a R3 Zoning Application without a detailed site plan. Packer clarified that he would rather have this area zoned R4 but it is his understanding the Planning Commission did not approve the draft Ordinance. The 1" phase will consist of approximately 50 lots. The Storm Water Plan has been modified from the original plan with the Storm Water discharging to the Sauk River. I · · · Wick stated that the Park Board met and have finalized the Park Dedication requirements accepting land as the contribution. The Park Board acknowledges that not all the land donated is useable land, but it will add to the area that is useable. The proposed park for River's Bend will include a ball field, soccer field and shelters. The area abutting the shore of the Sauk River will not be developed with roads or equipment; rather it will remain natural with access to the river for canoeing. Jovanovich questioned Packer as to when they anticipate developing the multiple family dwelling area. He stated that the City is currently reviewing a R4 Ordinance and they would like to see a development plan for this type of community. Packer stated that he will wait until the City decides if they want R3 or R4, at that time he will present a proposed development plan. There was also some discussion on Ufecycle Housing. Wick stated that SI. Joseph is participant in the area Affordable Housing initiative and questioned Packer if he is providing for any Affordable Housing. Packer stated that the housing in River's Bend will be approximately $30-40,000 above the price point established by the Affordable Housing committee. He further stated that he does not support subsidizing I housing at the expense of others and at this point the plat does not include lots to be placed in the Affordable Housing Program. Wick also questioned why the trails have not been included on the preliminary plat. Weyrens responded that trails are not platted, they are dedicated in the form of easements which will be illustrated on the final plat along with separate easement documents. Wick made a motion to accept the recommendation of the Planning Commission and approve the Preliminary Plat entitled River's Bend. The motion was seconded by Symanietz and passed unanimously. Discussion: Carfbom stated that he would like to see them reach the 15% for lifecycle housing, as the area Cities have agreed to try and provide the same. When Packer questioned how he should try to meet that, Wick stated that they could possibly build lower priced houses on the 53 lots that do not meet the required square footage. Rassier made a motion to accept the recommendation of the Planning Commission and rezone the areas identified as single family R-1 and all areas marked R3 will remain Agricultural. The motion was seconded by Rieke and passed unanimously. Rassier made a motion accepting the recommendation of the Planning Commission and approve the request of ARCON Development to develop River's Bend as a PUD, allowing for a 5' setback on the side yard setback abutting the accessory building and allowing 53 lots a total area of less than 13,000 square feet. In addition this motion accepts the recommendation of the Planning Commission granting the following variances: 1. 694 foot variance on the maximum block length - St. Joseph Code of Ordinances 52.46 Subd. 2(a). I 2. 100 foot variance on the maximum length of a cul-de-sac St. JoseDh Code of Ordinances 54.16 Subd. 3(1). I I I ·····~-·c;~,··..~·.cc-.".-.,.,.".-v______ I March 3,i 2005 Page 5 of 6 , The motion was seconded by Rieke and passed unanimously. CITY ENGINEER REPORTS 2004 MS4 Storm Water Permit - Public InDut: Bettendorf reported that beginning in 2003, the City is' required to submit an annual Storm Sewer System Report and accept public input on the management of the Storm Water System. The requirement in 2003 also required municipalities to apply for a Storm 1 , Water Permit, which included the development of Best Management Practices (BMP's) to control storm water discharge. The annual report then becomes a summary of the BMP's. I 1 Weyrens reported that the City has implemented the BMP's stated in the Storm Water Permit and with the assistance of the Building Official and Public Works Director monitor compliance with the same. I Beginning in 2005 the City will be offering an annual hazardous waste pickup which is included in the ~~. I i Water UDdate: Bettendorf stated that the water testing at the site of the future water filtration plant and well field has been completed and the final report will be available in April. The report indicates that there is sufficient water and good quality water. Once the final report is reviewed the City will need to prepare a purchase agreement for the needed land. i MAYOR REPORTS I District 742 BuildinQ Facilities Committee: Carlbom stated that he attended the building facilities I committee meeting where they discussed facility needs for the next 10 years. Carlbom stated that since Wick is a member of the SI. Joseph School Committee he will forward to him all the information received at the meeting. ' Sales Tax: Carlbom updated the Council on the status of the regional sales tax bill. Representative : Knoblach has stated that he will not author a regional sales tax bill, he will however, sign a sales tax bill for the Cities he represents (SI. Cloud, Waite Park, SI. Augusta). Knoblach encourages SI. Joseph to contract Representative Hosch to author a similar bill for SI. Joseph. The area Cities oppose this I approach as it could leave one City without a tax if one bill is not passed. Therefore, area Cities will be asking Representative Severson to author a regional sales tax bill with Hosch and Opatz co-authoring the bill. , COUNCIL REPORTS i i RIEKE - No Report : I Although Rieke had nothing to report he did state that he would like to begin some dialogue about the city's hope for affordable housing. We should think of what the price points will be and discuss ways to keep this type of program active in the City. RASSIER Historical Societv: Rassier stated that the Historical Society is currently displaying some of their artifabts at the SI. Benedict Monastery Museum. He also reminded the Council that the Society is still looking for a permanent facility to call the SI. Joseph Historical Society. ' ¡ InauQuration at SI. Benedict: Rassier stated that the President's Inauguration is scheduled for April 22 and discussed a possible joint welcoming from the City. March 3, 2005 Page 6 of 6 WICK Grant ADDlication: Wick stated that the Park Board is working with SEH on a Grant Application for the construction of a shelter and restrooms at Northland Park. The grant requires a public hearing which will be conducted on March 21, 2005 before the Park Board. Rivers Bend Park Dedication: Wick stated that Arcon Development is donating 110+ acres of land for park purposes. While a portion of the land dedicated is not useable, it will add green space and protect the shore of the Sauk River. SYMANIETZ APO MeetinQ: Symanietz stated that she attended the APO Meeting. They discussed transportation as well as bikes and walking trails in the area. She stated that last year 650 people were killed in car accidents in Minnesota. She stated that based on the facts that she heard at the meeting, she urges people to wear their seatbelts. Rassier made a motion to adjourn at 8:30; seconded by Rieke and passed unanimously. /j c?t~f~ I I I