Loading...
HomeMy WebLinkAbout2000 [06] Jun 01 1 City of Sl Joseph City Council Meeting 611100, 7:00 PM Page June 1, 1. Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met on Thursday, June 1, 2000 at 7:00 p.m. in the St. Joseph City Hall. Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit, Mary Niedenfuer, Clerk-Administrator Cari Schmidt and Deputy Clerk Judy Weyrens. Others Present: Public Works Director Dick Taufen, Police Chief Gary Will, Mike Deutz, Tillie Wasner, Lorraine Minier, Roger Steichen, Mark Vadnais, Steve Hagman, Noreen Loso, AI Rassier, Dan Schmitz, Mary Hiltner, Doris Johnson, Stephanie Howe, David Leapaldt, Lonnie Abbott, Dennis'Hall and Wayne Meyer. 2. Approve Agenda - Loso made a motion to approve the agenda, seconded by Twit. The motion passed unanimously. I 3. Approve Consent Agenda a. Authorization to hire 3 part time Maintenance Employees b. Change of Precinct 2 from Legion to Firehall , c. Temporary Outdoor Uquor Permit - La Playette - July 15 - La Jam d. Application for Payment No. 3- tf' Ave NE/Northland Drive - $42,946.51 e. Set Public Hearing for July 6, 2000 to consider an increase in the club and wine license fee f. Authorization to send Deputy Clerk Weyrens to Municipal Clerks Institute, July 10-14, $330 Loso stated that he had three questions about item a. He asked when would they start, finish and what would their salary be. Schmidt stated they would start as soon as possible at $7.00Ihour and end August 31st. Twit stated that he didn't know where three came from because he spoke to the Public Works Director and he didn't ask for three. Schmidt stated that the Public Works Director was at the meeting where this was discussed, but that if they now think they could get along with less than three, that's fine. Twit suggested it be changed to ·up to three". Loso made a motion to approve the consent agenda with the change of 'up to three part time Maintenance employees" in item a. Twit seconded the motion and it passed unanimously. Twit asked for clarification on what the hours were for the La Jam. The hours are from 3:00 PM -10:00 PM. 4. GL T Presentation - Stephanie Howe, of GL T Architects, addressed the Council. Howe reviewed the current floor plans for the upper and lower levels of the new City hall. She explained that a few of the spaces are different due to some modifications that had to be made to the elevator. The entry and exit for the elevator has changed requiring the elevator to have two doors. This also cuts into the Council chambers a small amount. The Video room and mechanical room sizes were also affected to a certain extent. Twit asked if there is added cost for the double door elevator and Howe indicated that there is and those will be reviewed in a moment. Howe explained that they are attempting to use as much existing casework as possible. The counter for the teller window is a little high for re-use, but they will see what they can do. Another issue that must be decided is the layout for the Council dias. There are a number of smaller issues that need to be dealt with and they would like to start meeting with a smaller group to make these decisions. 1 Schmidt stated that perhaps one ofthe Council members would like to be on this smaller committee with staff. Ken Twit stated that he would like to be involved. Ehlert stated that the meetings should just be set up and whoever can make it will be there. Page 3744 June 1,2000 Dennis Hall, engineerforWJ Sutherland addressed the Council concerning the HVAC system. Hall stated that if the current system is used, the Council chambers will be 78 degrees. Hall stated that he understood that the current employees in the Bank reported that it already gets a little stuffy in there during the summer months. Hall reported that they would reuse as much ductwork as possible, but that if the Council wants the room any cooler, they would have to install a new unit that would servelhe Chambers and the video room. This alternate proposal would run around $10,000. It would be a fIVe ton system that would accommodate at least 20 people and would keep the video room at 65 degrees. Hall stated that the existing system would be enough about 60-70% of the time, but for larger meetings, the room would become hot. Twit asked if there is anyway to push the existing system to accommodate the room. Hall said no. He also added that this would be a humid 80 degrees as well. The new codes require more fresh air to be in they system. Adding more load would add stress across the whole building. Loso asked if we could shut other areas of the building down when we aren1 using it and funnel it to the Council chambers. Hall stated that this wouldn't work as there is so little cooling going on in the other areas of the basement as it is. 1 Ehlert asked if this would be a completely separate unit from the existing system. Leapaldt indicated that it is and that this would eventually save on operating costs as it won't have to be used all the time. Twit asked ifthe modifications that are being made to the rest of the building require us to update the building to the new codes. Hall stated that's correct. Leapaldt stated that they didn't want to have to bring this issue to the Council as they are well aware of their desire to keep costs down. Hiemenz and Ehlert suggested that the duct work be put in now and if we want to add a system at a later date it could be done. The rest ofthe Council agree~. Howe showed the site plan for the exterior and surrounding areas of CitY hall. We are required to have two handicapped stalls and inquired as to whether the City wants to do the striping ofthe stalls themselves. Hiemenz stated that we can do the striping in house with the City equipment. Hiemenz also asked whether or not they were takjng out the obstructions under the drive-up window. Howe stated that that wasn't part of the initial plan, but it certainly could be. I Loso stated that he thinks there is an ingresslegress problem. There will only be one entrance to the parking lot. Wrth the police cars parked underneath the awning, the CitY won't want people driving in and out by the police cars_ Leapaldt reported on the project schedule. The estimated construction completion date is September 21 $I, 2000, with construction starting July 21 st. This will also be dependent on when the bank moves into its new building. Leapaldt reported on the revised cost projection as $346,273, from the initial estimate of $329,212. The Council dias is estimated at $5,250, with theiJlevator at $42,000. The mechanical and electrical are at $38,333 and to modifY the lower lever, it will cost approximately $23,321. Niecfenfuer asked about the general requirement cost of $36, 803 explaining that she thought this number might be smaller as the construction is less than what was originally anticipated. Leapaldt stated that they didn1 adjust this figure, but that she's right in that it might be less than they originally thought. These figures may go down. Howe stated that she would work with Schmidt to set up a meeting with the smaller group. 5. Department Head Reports - Chief Will reported that Part-time officer Keith Stuart has submitted his resignation to accept full time employment. Will stated that he will be conducting a search for his replacement. Will added that with the amount of time that is to be taken off by our full time staff this year and next year, it is very important for the department to have at least two part time officers to fill in so that overtime is kept down. Will reported that when applications for liquor, tobacco andlor gambling licenses are submitted, the Police Department will be conducting background checks for the new businesses. The purpose of these checks is to determine if the applicants have the abilitY to 1 I I Page 3745 June 1, 2000' conduct such businesses in accordance with the City ordinances. For renewals of those same types of licenses, the department will also be conducting a background check to determine the level of compliance during the last license year. Will stated that he recently discovered that the grant for Lorraine's position ended May 31, 2000. The grant was available for two years starting at the beginning date. The fact that we started the position a year into the grant period does not mean we get two years from that date. Will stated that it was an easy miss as it is the last four words "after initial grant issuance" that sets the time period. It will cost the City $21 ,300 to keep the position for the rest of the year. Will stated that this position is extremely important and frees up eight hours of patrol time during the day. If we lose her, one patrol officer will be required to spend that time typing transcripts and doing the clerical work that Lorraine can do now. The Council asked if there were other grants out there that the City could apply for. Will stated that there isn't anything right now. Also, we would have to keep this position 011 and use the grant for a new position if we received another one. Will reported that most of these programs are on hold until the Presidential Election as they are predicting that most community policing programs and grants will be eliminated or scaled back dramatically. Weyrens stated that we have enough funding to keep the position until the next Council meetin~. Staff will come up with some numbers and options for the Council at the meeting on the 1St. I Dick Taufen reported to the City Council. Twit asked Taufen whether or not he needed three part time maintenance employees for the summer. Taufen asked whether or not we had heard back from St. Johns on their work study program. Ehlert stated that we have 20 hours of timelwork study that we would be eligible for. Twit stated that it was up to staffs discretion as the Council voted for "up to" three employees. Taufen reported that he has been having a continuous computer problem with the water tower. The whole system goes dead for periods at a time. He thinks it has something to do with the communication system. Hiemenz asked if the generators could help in this situation. Taufen explained it's more of a communication problem. Taufen also stated that the outfall by the creek is deteriorating more as water runs through it. They want to get some local contractors to give the City a bid for the work. Joe Bettendorf estimated that this is a $10,000 project. Loso asked about the status of the bridge. Taufen reported that that is a $50,000 project. Taufen reported that he received a request from a resident on Hickory Court to put u :}some "Deaf Child" signage. This family has deaf children and at least one of the parents is deaf as well. Niedenfuer made a motion to approve the purchase and placement of up to two "deaf child area" signs in the area. Twit seconded the motion and it passed unanimously. 1 Taufen stated that there is one more issue for Council's consideration. Wrth the 121 project coming, staff would like the City Council to consider iii new policy which requires Îndividuals to hook up to sewer and water in a period of 30 days once the lines are put in. The City recently discovered that one individual has been using City services without paying for them for the past six months. Unless they tell us that they've hooked up, the CitY has no way to know. Loso asked if this is the same situation or individual that City had a problem with 6-9 months ago. Taufen said no. Weyrens added that because of the upcoming gotential annexation, we want to make this policy so that it's clear for the meeting on the 13 . 'The policy should read something like "if you run the lines to the building, you must hook up within 30 days." Twit suggested that it should read: "running the service lines past the encroachment ofthe right of way requires hook up in thirty days." The Council asked to review a draft at the meeting on the 8th. 6. Rental Report - Noreen Loso gave a presentation ofthe Rental Report. She stated that the City Council appointed the Rental Housing Committee to study the existing ordinance and Page 3746 June 1, 2000 practices and report to the City Council with recommendations. The Committee met and has a number of recommendations forthe Council. First, the City should establish a short and long term housing plan for each zone (particularly the business district) as well as action steps to achieve these goals. This plan should be shared with the communitY, boards and commissions, local businesses and the educational institutions in St. Joseph. Second, the CitY should also establish clear lines of responsibility for complaints and how to respond to them. In addition, the ordinances that are already written should be consistently enforced. I Third, new license holders should be given a complete set of policies at the time the license is issued. This should include: Ordinance 55: Housing Maintenance and Occupancy, Ordinance 107: Garbage and Refuse Ordinance, Ordinance 102: Regulation of Noise, Ordinance 111: Ordinance Prohibiting Public Nuisances, and Ordinance 52: Zoning Ordinance. The new license holders should also be provided a copy of the complaint protocol policy with explanations of who will be called in different situations should complaints be made concerning their property. Fourth, the Housing Maintenance and Occupancy ordinance should be reviewed and changed to reflect the recommended changes from the Rental Committee. Fifth, the Zoning Ordinance lays out clear and definitive uses for what is permitted and what is not in each zone. It became clear to the Committee, that although the zoning ordinance did not allow for it, many of the zones were granted rental licenses based on square footage, and not the definition of "family" or the list of "permitted uses." The Committee recommends that the Zoning Ordinance be enforced as written, with square footage only coming into play in the areas it specifically states. The Committee agreed that a special use permit would be required to obtain a rental license in fiNery zone, except R-3. They also agreed that there should be no rental licenses issued in Light Industrial. It was also suggested that in B-1 and B-2, that a single family dwelling be listed as a permitted use, but that a special use permit must be obtained for the license to be granted. I Sixth, the City Council should discuss whether or not they are willing to impose a sunset on the grandfather clause provision. This would require some of the older, long standing rental licenses in the CitY to conform with the current definitions and occupancy limits in the ordinance. The City Attorney stated that although there is no specific authority permitting or prohibiting this, it will likely invite litigation. The CitY Council should weigh the cost of potential litigation with the possibility of being able to decrease the number of tenants in some ofthe older rental housing stock. In the alternative, the City Council should work with the ownersllandlords to bring the rental properties in line with the Housing Plan. The Council should also work with the landlords toward the goal of creating zones for family friendly affordable housing that won't be swallowed up by student rental. Seventh, the City Council has the authority to impose a civil penalty up to $1,000. However, this maximum amount has yet to be imposed. The Committee recommends that the City Council send a strong message to violators and impose the maximum penalty allowed by law. Finally, the Committee recommends that the CitY Council follow the lead of St. Cloud and Waite Park, who now provide criminal background investigations on prospective tenants of rental property upon request of the owner or manager of the rental property_ 1 Hiemenz expressed his gratitude and appreciation on the part oftl1e CitY Council regarding the work that the Rental Committee did. Ehlert asked for darification on the housing plan and also stated that he agrees with the background checks. This will help keep the influx of bad elerriènts out of St. Joseph. Niedenfuer stated that for darification I Page 3747 June 1, 2000 they are talking about background checks for the tenants, not the landlords. It also wouldn't be required for landlords, but it would behoove them to do it anyway. Hiemenz stated that the discussion surrounding background checks for tenants originated at the Mayor's meetings. The issue also came up at the Municipal League of Cities meetings. The Council agreed to a meeting on Thursday the ath at 7:30 at the Fire Hall with the rental committee. Mike Oeutz stated that a number of landlords attended these meetings as well and they would like to have input at the meeting on Thursday night. 7. Approve Minutes -Schmidt apologized for getting the minutes to the Council late. The minutes of May 18th were tabled until the next meeting of June 15". 6. Bills Payable and OvertimelCallouts - Weyrens detailed some of the bills regarding the Pond View Ridge oversizing, cleaning for the firehall and a fuel pump for the truck that was broken out into four areas where it is used. Loso made a motion to approve the bills payable. Twit seconded the motion and it passed unanimously. Ehlert made a motion to approve the callouts, seconded by Niedenfuer. The motion passed unanimously. I 7. Publíc Comments on the Agenda - Mark Vadnais addressed the Council. He read a tetter that he presented to the Council. "We are writing once again in hopes that you will reconsider our request for a variance to l1ave three dogs at our residence. Since our last request in January of this year our daughter has found employment but has been unable to find an apartment. At that time two of our neighbors complained that our dogs had a problem with barking, even though no record showed any violations and we have heard of none since that meeting to this date. During that meeting you gave us until June 7f11 to do something about our three dogs, because our oldest daughter was going to graduate from college and take one of the dogs with her. Herplans have changed. She has moved into an apartment waiting on a house to become available. She will be there from 4-6 months. So we are once again asking for a full variance to have three dogs. We have made a great effort to reduce the problem that our two neighbors seem to think was annoying. The problem of barking by one of my dogs has been dealt with by having her debarked. If my other dog becomes a problem we will debark her too. But because of her age and health I do not want to do this at this time. We have tried to do all we can to keep our dogs from annoying our neighbors to the side. " Loso stated that the complaint was for barking and the Vadnais's have taken some responsible actions to help alleviate the problem. Twit stated that the variance that wasgÎVen in the past was a compromise that was based on the fact that the dog would be gone by June ¡th. Vadnais stated that he understands that but that his situation has changed. Niedenfuer stated that the ordinance only allows for two dogs, Vadnais stated that he had one of the dogs debarked and the St. Joseph vet clinic has record of that. Vadnais stated that he is on the agenda for the next Council meeting, but would like his current variance extended until then, as he is sure his neighbors win be calling the police when the dog is not gone on the af11. Loso made a motion to extend the variance until the 1&" of June so that this item can be addressed at the June 15" Council meeting. Ehlert seconded the motion and it passed unanimously. ~chmidt stated that she would send notices to the neighbors notifying them of the extended variance and also the meeting on the 15th. I 8. Park Board Concerns - Lonnie Abbott - Lonnie Abbott reported on some of the recent projects ot the Park Board. The last phases of the "big toy" are in progress. They are also working on the spring toys for Northland, as well as signage for the entrance to the park. They are also working on a concrete slab in the park for the skateboarders in mid June. Abbott commended the City maintenance department for the fine job they are doing in the parks and for their cooperation in helping to install equipment. ' Page 3748 .June 1, 2000 Abbott stated that the main reason he wanted to address the Council is to report that the Park Board is feeling over1ooked by the Council in some of the recent decisions that have been made. The first is the City beautification project on Main Street. The Council took it upon I themselves to allocate $150 from the Park Board budget for this item. The Park Board has a budget they work from and would like notice ofthese items ahead of time. Second, the Park Board is concerned about the donation of trees in the Industrial Park. They are concerned that the City is paying the owner $9,000 to move his own trees. The Park Board said they didn't care for the trees and wanted the funds instead. They even agreed to take the funds in deferred payments. Hiemenzstated that this is a different situation than residential development. Those funds were never promised to the Park Boards. A deal was struck with the developer concerning this issue. Ehlert stated that the CitY is trying to be accommodating to the developer but that the Park Board has a strong interest in those funds as well. Abbott stated that the Park Board knows that the Council has the final say, but they feel as though they are being over1ooked. Twit asked how they figure that the CitY is paying the developer to move the trees. Abbott stated that if the trees weren't going to be moved, the Park Board would have received $9,000. Twit stated that those funds were never promised to the Park Bpard. Abbott stated that they didn't want the trees though, they wanted the cash. They could have purchased new, nicer trees from a nursery instead of these old trees. Hiemenz stated that as far as the $150 beautification project, the Council didn't allocate those out of Park Board funds, but rather out of Park FundslMaintenance. Ehlert stated that the Park Board felt like the Council dumped this in their lap because it has to do with flowers, so it's a semi-park item. Abbott stated that the Park Board would be willing to take this on in the future if they have time to budget for it. Finally, Abbott reported that the summer recreation program looks good. The Park Board hasn1 been very involved with this in the past, but that with a new recreation director, the lines of communication have opened up. They have added new programs and staff is doing a great job. 9. Mayor's report - Hiemenz reported that he received a call from a citizen that thought the Council was too hard on the Landlord during the last noise violation hearing. Loso stated that he received the same call. Hiemenz also reported that he, Ehlert and Schmidt met with the Martinez's regarding the Roth house. Since the Council began talking about this piece of property, a number of individuals have approached him about poterrtially buying the property. They are meeting again with the Martinez's next Friday, the 9th of June to discuss the bid again. They asked the Martinez's to get a few more bids that might rome in lower than the figures they originally received. This item will be on the Council agenda for the 15th. The Council will have to decide which bid to take or what process to use to decide at that time. I 10. Council Reports - Niedenfuer had no report. Loso reported that he met with Mark Hemann, the President of the Platinum Marketing Group regarding the potential golf course and housing development in the Township. The Mayor, Joe Bettendorf, Bob Loso and Mr. Hemann went out to view the two potential sites south of 121. This project is contingent on a number of items including the potential for city services. It could possibly include 325 homes and a golf course. The homes would be a wide range from apartments and affordable housing to larger upscale models. Ehlert reported that he will be stepping down from the Council whenever this development or 121 is discussed as he is involved with the purchase agreements and the project itself. His involvement in the real estate aspects of the development require him to recuse himself from any of the discussions to avoid the appearance of impropriety. Twit reported that he received a call just the opposite of the one that the Mayor and Council member Loso received. The resident thought the fine was appropriat,e and they thanked the Council for finally taking a firm stance. I Ehlert stated that the 3 month suspension was a compromise that was reached at the table. The real hardship in the sentence is the fact that an automatic suspension will be in order if there is another violation in the next year. í 11. Clerk! Administrator Report - Schmidt reported on a few upcoming meetings ! i I Page 3749 June 1, 2000 I 12. Miscellaneous and Announcement Items -Chief Will addressed the Council stating that if the Council is considering allowing the Landlords to do background checks on prospective tenants, to keep in mind that the turn around time is 4-7 dðys as the Police Department does not have a terminal with that information in house. Hiemenz stated that Council also received a request for a waiver oftheelectronic sign fee from the Y2K Lions. Schmidt stated that according to staff, the Council decided to review these requests on a case by case basis. Hiemenz and Ehlert disagreed and stated they set out a very distinct policy regarding these requests. The Council agreed to discuss this item at the next Council meeting. Hiemenz also commented on the Wobegon Trail meeting. 13. Closed Session - Schmidt stated that the Council could either discuss the strikethrough draft during the closed session or they could review it on the·ir own over the weekend. The only changes are the ones that the Council reviewed at the previous meetings. The Council agreed to go over the copies on their own and report any discrepancies to Schmidt by Tuesday. Schmidt asked which of the Council members want to sit on the negotiating team for the contract. The Council decided that Loso and Twit would assist in negotiating the contract. Schmidt stated that she would contact Steve Prebl'e, the union representative and find out what the next step would be. 14. Adjourn -10:00 Twit made a motion to adjourn, seconded b.y Ehlert. The motion passed unanimously. Respectfully Submitted, I ¿:. \ JlÆ ~ Cari Schmidt Clerk!Administrator City of St. Joseph I