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HomeMy WebLinkAbout1999 [10] Oct 07 J>age 3632 October 7. 1999 City of St Joseph City Council Meeting 10/0799,7:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, October 7, 1999 at 7:00 p.m. in the St. Joseph City Hall. I ¡ Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlerl, Ken Twit and Mary Niedenfuer, and Clerk-Administrator Cari Schmidt. I I , others Present: Deputy Clerk Judy Weyrens, EDA Director Chad Carlson, City Attomey Tom Jovanovich, City Engineer Joe Bettendoñ, Brenna Walker, Kathleen Comer, Tiffany Haag, Sarah Pangerl, Jeff Haag, Monica Pelzer, Tim Reuter, Steve Streng, Dick Taufen, Mike Deutz, Ben HoUennan, Dan Marrin, Officer Paul Schley, Officer Brad Meyer and Dan Voschek 2. Approve Agenda: Hiemenz indicated that the City Engineer asked to address a Northland Drive water main issue that isn't on the agenda. Loso made a motion to approve the agenda with the addition. The motion was seconded by Ehlert and passed unanimously. Twit expressed concern that the Council is receiving different revisions of the agenda. He asked that no revisions be reprinted and that any and all additions or deletions from the original mailed out agenda be made at the Council meeting so that it is reflected in the record. 3. 7:00 Noise Violation - 117 Minnesota Street East - Evidentiary Hearing- Mayor Hiemenz stated that the owner of 117 Minnesota Street East was notified of a potential noise violation and have requested an evidentiary hearing. As such the hearing will be recorded and all persons wishing to speak will be required to use the microphone. The hearing will consist of two phases: 1) presentation of information so the Council cart make a determination if a noise violation occurred; 2) If it is determined that a noise violation occurred, the Council will consider possible sanctions. Mayor Hiemenz infonned those present ofthe procedure ofthe hearing and then opened the floor up for testimony. Monica Pelzer, owner of 117 Minnesota Street East, stated that this is the first incident of this nature in the fourteen years that she has owned the pmperty. She does her best to screen the students in order to place qualitY tenants in the home. She calls the university as well as prior landlords in an effort to ensure ihe students will not be problematic. She does not want this to be an ongoing problem, and as such has served eviction notices upon the student tenants. She unC erstandS that there are financial ramifications for everyone involved in this process and does not want to take up any more valuable time of the Council. She indicated that she is represented by legal Council, Tim Reuter, an attomey from St. Cloud. I Tim Reuter, attomey for Ms. Pelzer, stated that as this is the first incident of this nature in fourteen years, it would be inappropriate for the Council to revoke the rental license. She took measures of a reasonable landlord to ensure that she would have quality tenants on the premises. He indicated that she is here today to cooperate to the full extent with the City Council. Mayor Hiemenz stated that the Council received a letter from the student tenants which he read at the meeting: "Dear Council Members: We are writing to address the Noise Ordinance Violation that we received on the momìng of September 18, 1999. We would like to explain the sequence of events that 9ccurred that night. The evening started with a barbecue that we hosted for our dose frienQs. We proceeded to go to a local establishment. We were informed atte~ the incident that the~~ wali an anno\locement made from the DJ boot\l at the La Playette that "The Jungìe,' Qur hOIlSe,"«"S l\í\Ying an atterbar. When we retumec nome at approximately 1:15 am, there was no one on our premises except for those we invited. However, witl\il' \ ¡,e next 14 minutes, people began to flock to our home. Upon their arrival, a large amount of noise accompanied the uninvited and unwanted people. These I J>age 3633 October 7, 1999 I people were not allowed in our house-we had turned them away. Therefore, they were congregated outside thus causing more noise and disrupting neighbors. Before we could further request people to leave, the St. Joseph Police Department had arrived. They told us that they had received a complaint and that people needed to either go inside of the house or leave the property. We cooperated with the police and regained control in a timely fashion. Since this event occurred., we have spoken with our neighbors. We feel terrible that irresponsible and inappropriate behavior was displayed on our property and in no way do we condone suGh behavior. We accept this event as a leaming experience and are aware of the ramifications of such behavior and are aware of our role in the community as well. We will continue to make others aware of this issue in our community of St. Joseph. By joining CORE we have made a reactive step towards possible solutions to this issue and hope to increase the proactiveness of others in the community. At the CORE meeting we discussed ways to curb the outrageous behavior of certain students. We came to a consensus that the problem begins not necessarily with the student renters> but rather with those who continually disrupt the neighborhoods. Thank you for your time and consideration on this sensitive subject. We look forward to discussing this event and possible solutions for the Mure. Sincerely, Brenna Walker, Tiffany Haag, Kate Comer, and Sarah Pangerl, Septerrnber 30, 1999." Kate Comer, 117 East Minnesota Street, stated that they take full responsibility for the incident and- stated that they are very sorry that it happened. I Kevin Blanchette stated that he filed the complaint. Since that night, he has spoken with the tenants and believes that they are truly sorry and that they have an understanding of what unacceptable behavior occurred that night. He recounted- the events of the evening beginning with people hiding in his garage, stealing his scarecrow and watching 2 male students urinating on their front hedge in front of his wife. He heard a scream of "Let's party!" arol!nd 1 :15 AM. He stated he is especially distressed that his wife had to witness such behavior. He indicated that this is the first incident that he has taken issue with involving these tenants. Paul Schley, St.J05eph Police Officer, recounted the incidents of the evening. He stated that they received a call about the noise. They arrived and immediately made contact with the renters. The garage was packed with students and a keg. The complaint also indicated that two students were hiding in Mr. Blanchette's garage. Schley also observed cups and glasses strewn about. He indicated that the noise was audible when he pulled into the alley. It could be heard more than three houses away. Schley stated that they did not issue a citation for the noise violation. Jim Hardwick, 21 First Ave SE, stated that he too heard the party going at 1 :15 AM. He lives four houses away. He walked to the party around 1 :30 and the police were already there. He expressed concern for the elderly residents that live in the area. Tom Jovanovich, City Attomey, stated that the Council has essentially three options: impose a noise violation and a fine of up to $1,000, suspend the rontallicense or revoKe the license for a specified period of time. Loso made a motion that the violation did occur but that the landlord took responsibility for the students by evicting them. Niedenfuer seconded the motion. Loso stated that this is difficult as no citation was given to the students. Ehlert stated that it is to the landlord's benefrt that there was no citation given to the students. I Brad Meyer, Sl Joseph Police Officer, stated that they typically do not give citations to the renters if they co-operate with the police in breaking up the party. Just because there is no citation, does not mean that there is no fault. Twit asked Ms. Pelzer if she is really evicting the students and she indicated that she is. J>age 3634 October 7, 1999 Hiemenz stated that the motion should be amended to levy a $400 fine plus administrative costs agaînst thE} landlord that will be stayed for six months provided that she evict the tenants. I Tim Reuter, attomey for Ms. Pelzer asked what if the eviction is challenged and does not hold up in court? Tom Jovanovich, City Attomey, stated that as a landlord Ms. Pelzer ~ strictly liable in this situation. The City must take a strong position and Ms. Pelzer has gotten off lightly. If the evictions are challenged and don1 stand up in court, Ms. Pelzer can retum to the Council and plead her case then. Strong actions are oftert needed even if it may seem unjust. There being no additional testimony, Loso amended his motion that sufficient testimony had been provided to determine that a noise violation did occur at 117 Minnesota Street East, and that administrative costs and a $400 fine be levied against the landlord, suspended for six months provided the tenants are evicted from the unit. Niedenfuer seconded the motion and it passed unanimously. 4. 8:00 Noise Violation - 304 Old Highway 52, Apt. 1 - Mayor HiementZ stated that the owners of 304 Old Highway 52 Apt. 1 were notified of a noise violation but did not request an evidentiary hearing. As the landlord waived his right to such hearing, the Council must determine that a violation did occur and will proceed immediately to consider a disposition, which may include revocation or suspension of the rental license. Prior to the determination, you or your designated representative may address the City Council. Dan Marrin, landlord for 304 Old Highway 52, Apt. 1, stated that he bought the property in 1985 when it was a student rental. Over the years he converted it to family housing. This is the first group of students that he has rented to in years. He felt they were more responsible than most as they approached him so early in the summer and seemed to be planning ahead. He took great measures to ensure that there would be no problems including special provisions in the lease regarding kegs, parties and a joint and several liability clause. He has given the students 60 day notice to vacate letters and stated that the disposition of their tenancy is in the hands of the Council. I Dan Voschek, a tenant of 304 Old Highway 52 stated that he never reÅ“ived notice of the hearing. He indicated that they would like to say a few words in their defense. Jovanovich stated that if would be acceptable for the students to say a few words. Kristi Marthaler, another tenant, stated that they asked all of their neighbors to sign a statement that their music had never been too loud. She stated that they were having a few people over to watch football (10-15) and some were drinking. Officer Paul Schley addressed the Council recounting the events of the evening. He received a complaint of a loud party. He parked in front and could hear the music and voices from his squad car. He noticed a pitcher of beer and also heard a number of students running out the backdoor. He discussed the issue with the two renters present. Brad Meyer also stated that they told the students that they would have to appear before the Council. This is standard procedure and wouldn't be left out. Jovanovich stated that the Council has a number of options that they could use. They could impose the same fine as in the last hearing giving the landlord the option to keep the students and just pay the fine. Ehlert made a motion to levy administrative costs (at least $150) plus a $300 fine suspended for three months against the landlord provided that the students. vacate the property within 60 days. Twit seconded the motion and it passed unanimously. Twit stated that if Mr. Marrin decides to keep the tenants and just pay the fine, the repercussions of a second violation could be much greater. I Page 3635 October 7, 1999 I 5. Approve Consent Agenda a. Add 15.00 to fee schedule for fingerprinting services b. Budget Resolution - Tax Certification Rate c. Approval of election judges for November General Election d. Set Public Hearing for Assessments for Joseph Street Industrial Park and Northland Drive Improvements for November 4, 1999 e. Set a Public Heañng for Business Subsidy Policy for October 21, 1999 f. Authorization to Hire a part time officer to fill in as needed while the City searches for a new police chief Twit made a motion to approve the consent agenda, seconded by Ehlert. The motion passed unanimously. 6. Approve Minutes - 91110199 Loso made a correction on page two of an incomplete sentence. Niedenfuer made a correction on page four, third full paragraph. She disagreed with the term "pet peeve" stating that she never uses that phrase. The sentence was corrected to read "One of the biggest problems she perceives is when bouncers at bars let underage students into the establishments because they are friends, or because they give them cigarettes: Low made a motion to approve the minutes of 9/10199. Seconded by Twit. The motion passed unanimously. 7. Bills Payable and OvertimelCallouts - Weyrens stated that the Uons have agreed to pay for a portion ofthe dredging for Millstream Pond. The City's portion would be approximately I $3,500. Loso made a motion for the City to pay $3,500 for the dredging of Millstream Pond. Ehlert seconded the motion and it passed unanimously. Weyrens indicated that the money would come out of the Park Fund. I Twit asked whether item 27932 was the same item that was approved last time. Weyrens indicated that it is an additional bill that just happens to be around the same amount. Niedenfuer made a motion to approve the bills payable, seconded by Ehlert. The motion passed unanimously. Ehlert questioned the fIVe hours for Marthaler on the callout sheet as to whether this could be done during the work day. Taufen stated that this amount was put in the budget ahead of time and it was his understanding they had approval to do it. It has to be done in the early hours ofthe morning. Ehlert thanked Taufen for the clarification and stated he just couldn't recall what the Council had decided. Twit made a motion to approve the callouts, seconded by Loso. The motion passed unanimously. 8. Public Comments on the Agenda Dick T aufen reported that he and Deputy Clerk Weyrens drafted the 1999 Consumer Confidence Water Report, which is the results of monitoring done On its drinking water for the period of January 1 to December 31, 1998. The purpose ofthe report is to advance customers understanding of drinking water and heighten awareness of the need to protect precious water resources. The report has to be approved by October 15th. Taufen requested that if the Council has any questions or changes to the report to please call Judy by Monday the 11th. I 9. Gohman Right of Way Transaction- Chad Carlson reported that the City of St. Joseph needs to acquire right of way for the placement of water and sewer lines and the construction of East Elm Street. The construction is in conjunction with the County Road 133 project. He proposed two option for the Council to consider of which he is recommending the second. This option has Mr. Gohman donated the property to the City for the right of way. In tum, the City will apply the hook up fee and trunk sewer charge to the remaining lot after the taking J>age 3636 October 7, 1999 and paid by Mr. Gohman. The City would then credit Mr. Gohman the amount charged for the fees to the total assessment for the property. I Ehlert asked Carlson if the trade was a good situation for the City dollar wise. Carlson indicated that they took the appraised value and it works out almost dollar for dollar. Weyrens stated that she also recommends option two as the City doesn't want to be placed in the position of waiving fees. Niedenfuer asked Carlson to see if Gohman would be interested in some type of screening"attice work on the fence. Twit agreed stating that putting it along 133 would not block 75. Loso made a motion to approve option two where Gohman donateSc the property to the City in exchange for the City applying the hook up fee and trunk sewer charge to the remaining lot after the taking and paid by Mr. Gohman. The City would then credit Gohman the amount charged for the fees to the total assessment for the property. Twit seconded the motion and it passed unanimously. 10. Right of First Refusal for First State Bank - Greg Reinhart is seeking a right of first refusal or an option to buy the 40' to the east of the new bank property (the west 40' of the remainder) Twit stated that he is not comfortable giving this option unless it is purchased, otherwise we are putting the City at the control of the bank. Hiemenz indicated that the Township would also rather just see a sale of the property. Loso questioned how the extraction of that 40' of the property affect the value of the rest. Carlson stated that it is a narrow lot anyway. There are only certain things that can be done with the property, but 40' won't affect it that much. Carlson stated that Reinhart told him that he was looking for a five year right of first refusal, where at the end of the five years he would just purchase the property. Hiemenz stated that he would discuss it further with Reinhart and the Township and report back to the City Council. 11. Police Chief Recruitment- Schmidt reported that Brimeyer would no longer be able to do the search for a new Police Chief due to an extraordinarily heavy schedule right now. She spoke with the Administrator in Waite Park who just recently went through this process. They used the Criminal Justice Associates. He expressed some frustration with the process as it was originally quoted at $6,000 and ended up being more than $10,000. Tiley also received only 18 applications and most were local. He indicated that if he had to do ~t again he would advertise himself and just hire someone to do the background investigation. Schmidt recommended that this be the route the Council takes. She requested authority to run an ad for the Chief position to get the ball rolling. The Council would have more time to decide if they wanted to form a committee to hire, do it themselves or hire a consultant. Niedenfuer expressed that she would like to see the Police Departments input in the ad for the position. Twit made a motion to proceed with the announcement, seconded by Loso. The motion passed unanimously. I 12. NSP Proposed Easement for Anchors and Downguys in MemoñaJ Park - Dick Taufen reported that NSP is placing anchors and down guys on a new pole along Memorial Park. This is happening as a result of the new station they are putting on the south side of the road, west of the old Gill farm. They started on the new substation this morning. Niedenfuer stated that it seems backwards that they've already done it and are now asking forpermission. Taufen indicated that he asked for another pole instead of the downguys but NSP said no. Ehlert stated that the Park Board has been discussing constructing a walking path around the baseball field. These wires will now be in the way of that path. Ehlert asked if NSP should have to pay the City something for this property. Taufen stated that we shouldn't make them wait too long on this, as the substation is being built for our benefit. We need the power for our second substation. Loso made a motion to grant the NSP easement with the caveat that if John Scherer beHeves we are due compensation that we will seek such reimbursement. Ehlert seconded the motion and it passed unanimously. I J>age 3637 October 7, 1999 I 13. Cold Spring Wastewater Treatment Facility Proposal- The City of Cold Spring is requesting $5,000 from the City of St. Joseph to continue with the Wastewater Facilities Plan and fOf the Collection and Conveyance System Analysis lInd Report. Hiemenz stated that he also met with St. Cloud and is comfortable that they will be able to offer the City what they need in terms of wastewater. Loso made a motion to back out of Cold Spring at this time. Ehlert seconded the motion. Bettendorf stated that the deal with St. Cloud looks the most promising.. Wrth Cold Spring, the City is looking at nine miles of pipe which will most certainly run at least 2.25 million for the pipe only. If all of the area in the 20 year annexation plan were developed in the next 20 years, this capacity would take care of our needs. The issue is whethef we want to keep our options open wíth cold Spring. Twit expressed concern that we still don't know if this is a sure thing with St Cloud. Hiemenz agreed but stated that the plan has the backing of the Mayof and staff. Bettendorf stated that this might be a good time to send the message to St. Cloud that they have been a good business partnef. I Twit made a motion that the City decline to participate financially at this time with the Cold Spring facility expansion and that the City send a letter stating that this is our stance at the present time, but it may change in the future. Ehlert seconded the motion and it passed unanimously. 14. Assessment Issue - Ben Hollerman- Ben Hollerman has requested the City reduce his watef assessment equal to what the residents paid in 1994. If this request is granted, a new public heafing must be conducted fOf ALL the residents who were assessed in the 90" and 91&1 Street Improvement. Further, the water assessment could not just be reduced for Ben Hollerman, all the residents would need to be reassessed and the City would have to absorb the cost (excess of $17,000) Loso stated that he received a call from Ben Hollerman questioning the assessment policy. He requested that the Council take a second look at the roll. L050 is uncomfortable with the fact that the fesidents on 90th got a new road that was paid fOf by the residents on 91 st, Joe Bettendorf stated that restoration charges were levied ovef the whole project. There wefe no complaints regarding the festoration at the public hearing Ben stated that he essentially feels like he was talked out ofthe project in 1994 and now he is paying thousands more. He is feeling ripped off. Last time around the sewer was more expensive, and this time the water is more expensive. Weyrens stated that we are talking about seven othef properties as well. Bettendorf stated the the cost is spread our to make it affordable to everyone. We want to be careful we don't go the other way. He also stated that it's importantto remember that this project came in very cheap. Twit pointed out that these are two separate projects that were done six years apart. It was based on a decision that Mr. Hollerman made at the time.. Ehlert stated that he agreed with Loso that it does seem unfair that 900. received a new street that 91 st had to pay for. Loso pointed out that this is not how the City has handled these things historically. Twit stated that the two issues cannot be considered together. Mf. Hollerman has only asked the Council to reconsider the water assessment. Twit made a motion not to reduce Ben Hollerman's water assessment. Loso seconded the motion and the vote passed unanimously. I Ehlert stated that he would like John Schefer to explore the possibility of having the City absorb the cost of the street fOf 90th that was assessed to the residents on 91 st. Weyrens stated that the City may be opening itself up for problems as there is a process to certifY the assessment. Ehlert made a motion to have Scherer look at the costs involved in blacktopping gel" and whether or not the City could absorb those costs without opening up the. assessment:> aøaIn. l.osq~. motion. The vote passed 4:1J with Hiemenz votmg no. .,. "i.T~~" j", J>age 3638 October 7, 1999 15. Northland Drive Issue- Joe Bettendorf- Bettendorf stated that as the Council is aware, they are putting in Northland Drive without utilities. He ~sked permission to place 80' of water main underneath now however, at a cost of $4,900. The altemative is that we wait and it costs more later. The whole idea is to bring the 16" main back to the water tower. Eventually we want to close the loop. We plan on- bringing sewer up one side and take services across without tearing up the road. The water main is a sure thing, so it would be a good idea to do it now. Ehlert made a motion to approve the 80' water main for approximately $4,900. Loso seconded the motion and it passed unanimously. I Hiemenz stated that he got a question about Pondview 5 today. The dirt has been leveled off and now the backyards are lower so that all of the water will run into the yards behind Fred Reber. Niedenfuer stated that she also received a caU about the new phase of Pondview. There are piles of dirt that the residents are curious about. Twit also asked about the status of the punch lists for Pondview 2,3, and four. Bettendorf stated that he would look into the issues and report back to the Council. 16. Mayors Report - The Mayor reported that the Cable Commission has requested Paul Schley be appointed to the Commission. He has experience with Cable TV and is interested in participating. Hiemenz made a motion to appointPaul Schley to the Cable Commission, seconded by Loso. The motion passed unanimously. 17. Council Reports - Niedenfuer stated that she attended a Healthy Communities Partnership workshop in Little Falls. The HCP is looking at conducting a City wide visioning process as early as January. Loso indicated that he received a call that the water tower lights are out. Schmidt stated that she would follow up with Dick Taufen to see what the issue is. Loso also asked why the EDA is questioning the architects agreement for the new City hall building. Twit stated that there was some discussion about the fee schedule that came in. At this point, the question is if the EDA is the true purchaser of the bank building, who should hire the architect? Niedenfuer stated that since there isn't a contract yet, the rates should still be negotiable. I Ehlert reported that at the last Lions meeting, $6,300 Frisbee golf course was approved. The Lions will purchase the equipment and Dick Taufen has agreed to store the equipment. He also reported that the memorial dedicationltree sculpture was last wee,kend. A total of 10 trees were planted. The location was originally in the SE comer, but tile Park Board thought the SW comer was a better idea. Twit stated that he is concemed about receiving so many handouts at the Council table. He doesn't want to be given information at the last minute so that they can't make informed decisions. Twit also stated that the City should entertain the idea of a moratorium on rental units in R1 or R2 in a situation of an absentee owner. He suggested discussing this topic at a future working meeting. 18. Clerk/Administrator Report - Schmidt reported that AI Rassier, City Rental Inspector, gave his notice to terminate employment. He stated that he would remain in the employ of the City until we could find a replacement. Schmidt asked for authorization to start advertising for the position. Twit made a motion to authorize Schmidt to advertise for the position of rental inspector. Loso seconded the motion and it passed unanimously. 19. Miscellaneous and Announcement Items - Loso stated that he would like to see the Council handling meeting items in a more timely manner. He doesn't like being at the meetings until 10:45 PM. Hiemenz stated that the evidentiary hearing made this meeting long. Schmidt stated that she could also help by shortening the agendas if the Council would point out things they like her to handle without their input. I J>age 3639 October 7, 1999 I 20. Adjourn - 10:45 P.M. Twit made a motion to adjoum, seconded by Loso. The motion passed unanimously. Respectfully Submitted, C~5~'- Cañ Schmidt Clerk/Administrator City of St Joseph I I I I I