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HomeMy WebLinkAbout2000 [05] May 18 Page 3737 May 18, 2000 I City of St Joseph City Council Meeting 5/18/00, 1:00 PM 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, May 18th, 2000 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kennettt J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit, ,and Clerk- Administrator Cari Schmid! and Deputy Clerk Judy Weyrens. Members absent: Mary Niedenfuer Others Present: EDA Director Chad Carlson, Public Works Director Dick Taufen, Police Chief Gary Will, Tom Kuelbs, City Engineer Joe Bettendorf, Mike Deutz ! 2. Approve Agenda - Schmidt stated that there was one change to the agenda. The Rec Association submitted their gambling renewal form for the La Playette. Ehlert made a motion to approve the agenda with the change, seconded by Twit. The motion passed unanimously. 3. Approve Consent Agenda a. Gambling Renewal- Minnesota Deer Hunter's Association b. Gambling Renewal- st. Joseph Rec Association c. Adjustment to City Assessor's salary Ehlert made a motion to approve the consent agenda, seconded by Twit. The motion passed unanimously. (4:0) I 4. 1:00 Public Hearing - Noise Violation - 818 East MN Street - Hiemenz opened the public hearing forthe noise violation that was issued on April 28, 2000 forthe property located at 818 East MN Street. Hiemenz stated that an evidentiary hearing was not requested within seven days of the hearing. This constitutes a waiver of the right to a hearing. This waiver is the equivalent to an admission of the basic allegations alleged in the report by the complaining party. As this right was waived, the Council determines that a violation did occur and will then proceed immediately to disposition. Hiemenz read the police report detailing the events of the evening which included 74 people being cited for underage consumption, as well as approximately 130 people at the residence. There were also eight kegs discovered at the residence. Hiemenz stated that this property had no previous violations. Twit made a motion to find that a noise violation did occur, seconded by Loso. This motion passed unanimously. (4:0) Hiemenz stated that as the right to a hearing was waived and the Council finds that a noise vi01ation did occur, they would move directiy to disposition. Tom Kuelbs, owner of the property requested the chance to speak. Mr. Kuelbs apologized for himself and his tenants. He stated that he has made a concerted effort to work with his neighbors and reintroduces himself to them often, encouraging them to call him if there is ever a problem. He stated that during this particular incident, he was in Califomia. In the past he has responded immediately when the neighbors have complained, and has even called the police himself on occasion. .He assured the Council that the lease for these tenants for next year has been voided. I Ehlert asked Kuelbs how long he has had a rental license with the City.Mr. Kuelbs indicated that he has had the property for six years. Ehlert clarified that this was the first incident in the six years he has held the license. Kuelbs stated that the two students present at the meeting are students that are on the lease for next year and were not part of this incident. They are present out of concem that they may not have a place to live next year. Kuelbs explained that the tenants that were involved in this incident would not be allowed to rent this property. Page 3738 May 18, 2000 The Council asked Chief Will if he would explain the fines involved wtl,h this citation. Will stated that he didn't know exact numbers but that they were fined for disorderty house, as well as.the violation of the keg ordinance, and whatever fine the Council imposes tonight. Weyrens added that there is at least $200-$250 in overtime charges as well. I Schmidt asked Kuelbs if he has a provision in his lease that allows him to recover any of the fines imposed back from his renters-and if not encouraged him to include that language for the future leases. Hiemenz stated that he found it shocking and disturbing that the students know what the ordinances are and they violate them anyway. This shows a total disregard for the community. Twit stated that Kuelbs clearty knew that there were problems with these tenants in the past, as he admitted that he even called the police on them once. Kuelbs reiterated that he has made a point of being present and dealing with issues as they arise. He would have responded immediately to this problem but he was in California. He stated that he's been lucky to have been blessed with peaceful tenants up to this point. Twit stated that this incident was extremely well documented with 130 people in the basement and 74 ofthem cited for underage consumption. Twit stated that he would hate to think of a worse case scenario than this. Twit moved to impose a $1,000 fine with administrative costs and fees and to revoke the license. Loso moved to amend the original motion, staying the revocation but imposing the $1,000 fine plus administrative costs and fees. Ehlert seconded the amended motion. Loso stated that he strongly believes that 95% ofthe fault belongs with the renter here and only 5% with the landlord. This property hasn1 been a problem in the past. The landlord takes care of his property and has been very responsible. Immediate revocation would be an extremely harsh penalty. It would end up being more harmful for him than the actual perpetrators. Twit stated that landlords are business people and should be treated that way. He a1so added that this has been a problem house as he has heard fJ1Dm many of the neighbors in that area. Twit stated that the City is not going to be able to get this under control until the Council makes a strong statement. Loso argued that this statement would be unjust. This landlord is not irresponsible or a slumlord and is not the type of landlord the City should punish. I Twit asked Loso ttlen if he is willing to allow this to happen in other aneas of town because he feels like we are setting a precedent here. Twit stated again that he couldn't foresee anything worse. Ehlert stated that he agrees with Loso in that this isn1 the type of landlord we should be going after. Kuelbs should be allowed to leave town and not have to worry. Ehlert stated that he is disheartened about the whole situation because the City has been working haft! on these issues. Ehlert stated that he isn1 saying this situation is ok, only that the landlord shouldn.'t shoulder all of the blame. Twit stated that the landlord is responsible for the property 24 hours per day. Hiemenz stated that people in the house knew what they were doing. The residents and the Council cannot condone this behavior. Hiemenz stated that he believ'e5 the original motion is appropriate. Loso argued that the Council is taking away this landlord's livelihood with this penalty. The tenants screwed up, not the landlord. Requiring him to let the property sit vacant for a year isn1 fair. I Chief Will stated that there were three total calls on the property this year: this one, one where the landlord himself called it in and one where the noise stoP¡JeQ by the time the officers arrived. Loso stated that the City shouldn1 punish the land\QQl for calling the police himself. Hiemenz called the question of whether to impose a $1,000 fine p/lls administrative Page 3739 May 18, 2000 I costs and fees plus a stayed revocation for 12 months. Ehlert and Loso voted yes. Hiemenz and Twit voted no. The motion failed 2:2. Twit made the original motion to impose $1,000 fine plus administrative costs and fees and to revoke the rental license immediately. Hiemenz seconded the motion. The motion failed 2:2 (Ehlert and Loso voting no, Twit and Hiemenz voting yes). Twit made B motion to suspend the license for six months and impose the $1,000 fine plus administrative costs and fees. Hiemenz seconded the motion. Ehlert asked when the six months would start and then expressed concem that the landlord would not be able to rent out the property 3 months into the school year. Kuelbs stated that he might be able to get a family in at that time, but that it would be difficult. Ehlert stated that even with the monetary fine, this would be the steepest penalty imposed to date. This would be sending a message and not punishing the landlord. Twit stated that this would be sending the message that this type of behavior is ok. Ehlert disagreed. Hiemenz called the question of whether to suspend the license for six months plus $1000 fine and administrative costs and fees. The motion failed 2:2. (Hiemenz and Twit voting yes, Ehlert and Loso voting no). Hiemenz made a motion to impose the $1,000 fine, plus administrative costs, overtime and fees and to suspend ihe license for three months. In addition, if there are any incidents in the next twelve months, the license will be suspended for an additional twelve months from the date of the incident. Loso seconded the motion. The motion passed 4:0. I 5. Approve Minutes -Loso made a motion to approve theminutes of 5/4100. Ehlert seconded the motion and it passed unanimously. 6. Bills Payable and OvertimelCallouts - Twit made a motioil to approve the bills payable. Loso seconded the motion and it passed unanimously. Twit made a motion to approve the callouts, seconded by Ehlert. The motion passed unanimously. 7. 8:00 Street Vacation Public Hearing - Cedar Street - Schmidt stated that the latest copy ofthe resolution and agreement that the Council received only had a feW minor changes regarding the partnership language. The City Attomey added language that allows the city to tear up asphalt or landscaping as necessary. It doe not only limit the City's protection to destruction.of the garbage storage unit. The City Attomey also added a section which authorizes the Mayor and City Clerk to execute a Quit Claim Deed, deeding the City's interest in the vacated street to the adjacent property owners, subject to the reserved easements. Twit made a motion to approve the resolution vacating a portion of Cedar street and the agreement between the City and Triple K Partnership. Loso seconded the motion and it passed unanimously (4:0). Lou Krebsbach asked for clarification whether or not this included the setback for the dumpster. Weyrens clarified stating that the resolution and agreement approved the location of the dumpster. Ehlert asked Schmidt to make sure that the Planning Commission was aware ofthis decision. I 8. Engineering Report - Survey Requirements - New Housing drainage problem- Bettendorf explained that they are finding that many new homeowners do not know where their lot comers are, and are not aware of easements and protective covenants on their property. Despite the efforts of staff to put procedures into place to prevent these things from happening, some realtors and homebuilders don1 want to cooperate. Once the lot is sold, the Developer and Realtor are out of the picture and the builder takes over. The Builder or subèontractor landscape with little regard to how their work affects the sùrrounding properties. This leaves problems for the City and the homeowner. Bettendorf suggested tþat the City adopt a procedure similar to what is being used in Rogers, Minnesota. The first Step in the process is that no building permits are issued until the site grading for the development phase has been completed and approved. Once the site grading has been Page 3740 May 18, 2000 completed, the Developer and Registered Land Surveyor verify that site grading has been completed according to the approved site grading plan submitted with the preliminary plat I documents. Elevations are taken on air lot comers, all building pads and on drainage breaks, ponding sites, ditches and swayles. The Developer then submits a copy ofthe approved grading plan showing the "as built" elevations. This informalion is checked by the City. If everything matches the original grading plan, the as-built grading plan becomes the approved Development Plan. The Developer has now met his site grading requirements and búilding permits can be issued. This is the time that the builder enters the picture. Before the Builder can be given a building permit, he mist submit, from a Registered Land Surveyor, a Certificate of Survey showing proposed elevations for lot comers, the building pad and side and rear lot lines; these elevations must agree with the approved Development Plan. Drainage arrows are provided, showing how the lot is to drain. Also shown would be proposed elevalions for grade at the front and read, and at the lookoutlwalkout levels ofthe house being built. Finally, the certificate must show all easements and setbacks for the house building built. When this certificate has been checked and approved by the City, a building permit can be issued. When the house has been completed and the lot restored to final d~aft, but before it is sodded or seeded, the Builder's Surveyor provides an "as built" Certificate Survey documenting the final in place elevations and setbacks. Ifthese elevations agree with the Proposed grades, and if the setbacks are okay, the lot can be sodded or seeded and a Certificate of Occupancy issued. Finally, for winter conditions where the house is ready but the final landscaping cannot be completed until Spring, an escrow is deposited with the City until the final grading can be checked out. Ehlert stated that this sounds like a good tool, but asked how much added cost would be incurred. Bettendorf stated that it shouldn1 bee too much as it really only means another day of survey time, approximately ($t 50-$200). Twit asked what this means for the homebuyer and Bettendorf stated that in his opinion, this means an extra $250 for the homebuyer. I Bettendorf explained that this has been a problem in the last few developments and this process should help curb those problems in the Mure. Loso asked how it would be enforced and Bettendorf explained that it would become part ofthe developer's agreement. Loso made a motion to accept the new housing drainage and permit procedure, seconded by Twit. The motion passed unanimously. (4:0) Bettendorf stated that he would like to create a development manual for the City that developers would purchase that want to work in St. Joseph. Ehlert expressed some concern that we might be duplicating requirements here and wants to make it convenient for the home owner. Bettendorf stated that they could provide a list of surveyors for the convenience of the homeowners. Bettendorf added that the developers and builders are not going to like this process. In addition, we are the only community in the area doing this. Bettendorf stated that it was met with some· reluctance in Rogers in the beginning, but they now embrace the process. Bettendorf stated that he and staff would also like to talk about the 121 survey. The initial interest surveys that were sent to the Township residents have come in. The results are pretty close. There were 62 surveys mailed, with 54 responding. 24 voted yes for annexation and City services, with 27 voting no. 3 ofthe respondents made no oommitments. There were 8 total that didn1 respond. 38% favor the jmprovements and 43% are against them, with 8% not responding. Schmidt stated that the City is contesti~ the population from the Statle Demographer's office. They hope to hear from them by the 10 of June. Schmidt stated that if the Council wants to move forward with this project that we need to schedule an informaliol1al meeling and a public hearing. After much discussion, the Council decided on June 13th at 8:00 for the informational meeting and June 19'h for the Public hearing (If necessary). I I I I i I Page 3741' May 18, 2000 I I Ehlert stated that it seems clear that many of the "no' votes were from people that didn1 have: enough information. There was also some discussion as to whether and when the County , could come in and tell them that they have to fIX their system. Bettendorf stated that the County will require this, particular1y if the property is sold. Loso expressed concern that this project is too expensive and that the City if merely subsidizing a private developer. Hiemenz and Ehlert disagreed stating that the property owners, whoever they may be, would pay their fair share. Twit added that depending on how the meetings go, it might not be beneficial to annex at all. Bettendorf stated that he hoped to have a better idea of costs by the informational meeting on the 13'h. Bettendorf stated that he spoke with Council member Loso about the issue with Ben Hollerman and the cost split. He stated that it's interesting because one of the respondents to the survey actually asked for the costs to be lumped together and not separated out as was done in the previous projects that caused so much controversy. Loso asked that the issue with Ben Hollerman be placed on the agenda for the second meeting in June when Bettendorf returns from vacation. Finally, Bettendorf stated that the last storm caused a number of washouts in town. One of them occurred on the Minnesota Street pond near Ar1ington Place. There are also a number of other spots in town where the areas need to be refilled and re-seeded. Ar1ington Place will be dealing with their wash out. It will be the City's responsibility to take care of the other areas. Bettendorf recommended that the city hire a contractor to take care of the individual washouts. Loso made a motion to authorize the City to hire a contractor to take care of the wash out areas. Ehlert seconded the motion and it passed unanimously. (4:0) Loso asked Bettendorf about the storm water outlet by the Millstream Park. Bettendorf reported that this is part of the City's Capital Improvement program. 9. Public Comments on the Agenda - There were no public comments on the agenda. 10. Amendment to Buettner Development Agreement - Loso made a motion to approve the amendment to the Buettner Development Agreement allowing him to extend the time duration from June 1, 2000 to December 1, 2000 to relocate his trees. Ehlert seconded the motion and it passed unanimously. (4:0) 11. Discussion of Ground Lease Agreement between 1he City of St. Joseph and the St Joseph Economic Development Authority - Hiemenz stated that it was necessary to split the ground lease and the building lease of the building into two separate documents. Loso made a motion to approve the ground lease agreement, seconded by Ehlert. The motion passed unanimously. (4:0) 12. Mayor's report - Hiemenz reported that he spoke with a number of other Cities that are also having some problems with their building inspector. There is concern that he may be spreading himself too thin. Hiemenz also reported on a number of meetings he attended involving feedlot regulations, the Great River Regional Library and the steams County MunicipalLeague. Hiemenz also reported that he spoke to some of the neighbors surrounding the Pole Barn in pondview and informed them that the City does not have the authority to enforce covenants. 13. Council Reports -Twit had no report. Ehlert reported that he and Schmidt would be meeting with the Martinez's to talk about the bid on the Roth property. Loso stated he wanted to bring something up, but would wait in the interest of time. 14. Clerk! Administrator Report - Schmidt reported on a few upcoming meetings. The Rental Committee has finished its report and the Council will see it 011 the next agenda. Page 3742 May 18, 2000 15. MiScellaneous and Announcement Items -Chief Will addressed some of the statements regarding expenditures for coverage of Disorientation that were made in the St. Cloud Times article. I 16. Closed Session - The Council decided to wait to discuss the AFSCME contract until the meeting on Wednesday, May 24th at 4:30 PM, when all ofthe Council Members could be present. 17. Adjourn -10:10 Loso made a motion to adjourn, seconded by Ehlert. The motion passed unanimously. Respectfully Submitted, ~-5µl Cari Schmidt Clerk/Administrator City of St Joseph I I