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HomeMy WebLinkAbout2000 [08] Aug 03 Page 3765 August 3, 2000 City of St. Joseph City Council Meeting 8/3100, 7:00 PM Call to Order. Pursuant to due call and notice thereof, the City Council for the City of St. Joseph n'let on Thursday, August 3, 2000 at 7:00 p.m. in the St. Joseph City Hall. I i Members Present Mayor Kenneth Hiemenz, Cory Ehlert, Ken Twit, Bob Loso, Clerk- Administrator Cari Schmidt and Deputy Clerk Judy Weyrens. Members absent: Mary Niedenfuer. Others Present :City attorney John Scherer, Police Chief Gary Will, Diane Schneider, Randy Matthews, Linda Sniezek, Roger Steichen, Diane Schneider, Larry Hosch, Dan Schmitz, Nathan Kirschner, Kelly Knewtson, Carole Tamm, Gary Utsch, AI Rassier, Art Reber, Joyce Stock, Dick Stock, Leu and Betty Walz, Lee Zipp, Dave Douvíer, Lori Pfannenstein, Kevin Blanchette, Doris Johnson, Tim Borresch, Dick Taufen, Eric Moscho and David Puchalla. ' Special Order of Business - Certificate of Appreciation - Paul Zastrow- Chief Will presented a Certificate of Appreciation to Paul Zastrow for his assistance in a police situation a few weeks ago. Mr. Zastrow was in attendance and accepted the certificate. Approve Agenda -Schmidt stated that there are two chan~~s to the agenda. First, item 11 Noise Violation for 121 East Ash will be on the agenda for the 17 . They are no longer asking for an evidentiary hearing. Also, Fire Chief Dave Theisen has requested that the Council approve the hiring of Keith Simon. The Fire Board approved it last night. Mr. Simon is à fire fighter for RockviUe, has all of his training and could start immediately. This could be placed on consent Ehlert made a motion to approve the agenda, seconded by Loso. The motion passed unanimously. Delinquent Utility BHI Hearing - No-one was present for this item. I 7:05 Noise Violation - ~16 Old Hwy 52- Hiemenz opened the hearing. He stated that there was a noise violation at 316 Old Hwy 52 on July 16, 2000. The owner, Bob McMannesdid not request an evidentiary hearing. As such, he has waived this right. A waiver of this right to a hearing is equivalent to an admission of the basic allegations alleged in the report. Loso made a motion to find that the noise violation did occur, seconded by Twit. The motion passed unanimously. Bob McMannes, owner of the property addressed the Council. He stated that two of the people involved in the violation would like to address the Council. Nate Kirschner, a graduating senior at St. Johns addressed the Council He stated that there was no party here. They were merely sitting outside around the campfire. He feels that they were very cooperative with the officer. Kelly Knewtson, a St. Bens student, reiterated that there was no party or keg. She apologized for any inconvenience this incident may have caused. They stated that they weren't trying to be difficult or argumentative and that this was merely a difference of a opinioll with the officer. Mr McMannes stated that he is not denying that it happened. He reiterated that there was no party or keg at this incident. They were merely sitting around a campfire listening to a radio from their vehicle. He added that he isn't trying to minimize the incident in any way, but that it wasn't a party. He stated that he purchased the property two years ago and put in new windows, carpet, paint and new exterior doors. As a landlord he tries to keep a close eye on the property. He and his manager Randy Matthews are working on a plan to make sure that this type of thing does not happen again. McMannes also apologized to the woman who complained about the noise. I I I I i Page 3766 August 3, 2000 Ehlert asked if the two students that spoke would be tenants in the fall. Nate Kirshner win be a tenant. Hiemenz stated that the key issue is that there was a violation. It doesn't have to be a party to be a noise violation. Loso miide a motion to asses administrative costs only. He does not feel that the landlord was responsible for this incident in any way. Twit stated that it does not have to be a party or have alcohol involved to be a violation. This was a noisy gathering outside ~t a very early hour. This type of incident is completely uncalled for. Twit made a motion to amend the original motion to add a $200 fine on top of the {jdministrative costs {jfJ(j fees. Ehlert seconded the motion with the amendment. The motion to assess a $200 fine plus $150 administrative costs and fees passed unanimously. Approve Consent Agenda - Awardof City Hall project bid- Gopher state Contractors _ $245,640 Authorization to hire Fire Fighter Keith Simon Stephanie Howe from GL T architects addressed the Council. She stated fhat she hasn't worked directly with Gopher State before but GL T has done two other projects with them that have been very sUCcessful. Twit stated that he had reservations about the whole thing. He feels that decisions were made that were never brought to the table. He stated that SchmidLand the Mayor made decisions without consulting the rest of the Council. Hiemenz stated that some of the decisions were of a timely nature. He reported to the Council afterward on them. Twit stated that the decision of whether to have a project manager or general contractor was never brought to the table and he has a real problem with that. Our local building inspector could have done that and he doesn't know why that was never looked into. Hiemenz called the question. Loso made a motion to approve the consent agenda, seconded by Ehlert. The motion passed 3:1, with Twit voting no. Department Head Reports -Taufen reported that Northern Pipeline requested a permit for Seren Innovations to run th!ì\r lines to St. Bens. Their proposed route is to run three two inch tubes undergrounghuntil16 Avenlhe, where they will take the line above ground and to the existing poles until 7 Ave Na. At 7 they will run the lines under one block and then back above ground again until 2n Ave NW and into the college. Taufen stated that in the past the Council has been reluctant to allow any wires to be placed above ground. Ordinance 36 allows the Council to approve the location of the wires. Loso stated that he has no problem with this. Twit stated that it has been the direction of the Council to try and get as much underground as possible. Hiemenz stated that the Council should determine where they should go. H~ suggested that they put most of it underground on Highway 75 and then enter the College on 2n Ave NW. The Council should try and minimize the burden on the residential areas as much as possible. Ehlert stated that they take the route that the Mayor suggested. It seems leSs intrusive than coming down MinnesoM Street. Hiemenz stated that the Council would be meeting on Wednesday, August 9 for a budget meeting and that Seren could revise their permit and address the Council there with a new route. Taufen reported that he discussed the slow children sign issue with the Police Chi~f. They are recommending that two signs be installed'tRne on East Baker 200-300 feet off 16 Avenue on the North side of Dale and the other off 10 Avenue. Taufen stated that there may be a possibility of pulling some signs from other areas of town. Some "Slow Children" signs were placed in an alley where there are no longer children living nearby. Taufen stated that he is looking for approval to pull the signs where they are no longer needed an place them in the new locations. The Council agreed. Taufen reported that Representative Steve Dehler requested that grating be placed over the culverts in Klinefelter Park. Taufen stated that they have one on hand and that the other would have to be ordered. Joe Bettendor, the City Engineer recommended that neither of the grates be placed on the culverts. If a child were to get into the system up stream, this would prevent them Page 3767 August 3, 2000 from getting out at the bottom and could result in them drowning. Loso made a motion to take the recommendation of the City Engineer to not place the grates over the culverts. Twit seconded the motion and it passed unanimously. Taufen reported that there. is a dead elm tree hanging over the Roth house. If there is a strong storm, there is a possibility that the tree could fall on the house. It is his recommendation that the tree be removed. Loso made a motion to hire a tree removal company and have the tree taken down. Ehlert seconded the motion and it passed unanimously. I Taufen reported that NSP will be having a power shut down from 1 :30 am -4:30 am on Saturday. NSP notified all ofthe affected homeowners. Taufen reported that the Lions gave another $3,000 to add on to the Frisbee Golf course. Tim Macky would like to get started on the next six holes. Six holes will cost approximately $3,400- $3,500. Hiemenz asked for clarification on the location of the additional holes and expressed some concern that it may interfere with the rest of the park or the compost site. Taufen indicated that it won't interfere and that most of it will be on the east side of the creek. Treasurer's Report - Judy Weyrens - Weyrens stated that this item can be moved to the budget meeting on Wednesday night. The Council agreed. Gary Will - Police Chief - Chief Will reported that The County Wide Records Management System (RMS) and The Mobile Digital Computer (MD1) systems have gone from being run by St. Cloud Police to the Steams County Sheriffs office for everyone except st. Cloud. There have been some changes in cost as well. Will Stated that he still does not believe that the City has the funds to do this all in one year and as such recommends that the CitY budget for the system for the future. In the interim, he recommends that the CitY obtain CrimeStar program for $1,295. The yearly support fee is $100 the first year, and $130 each year after until we go with the County-wide system. Will stated that this would also give the department time to evaluate the system. Twit asked about the compatibility of the two systems. Will explained that they would only have to re-enter the 2000 reports. Ehlert made a motion to accept the Chiefs recommendation to go with the CrimeStar program and budget for the County system over the next three years. Twit seconded the motion and it passed unanimously. I Will reported that they have received some clarification on the COPS grant. There were two grants, which is part of the reason that there was so much confusion about it. The first grant has expired, but the second is still available. We haven't accepted any of thle funds as of yet. If we do accept the funds, we have to keep the position for a total of three years. If we don't accept the funds, we can keep the position on for as long as we need it and in whatever capacity we wish. Chief will stated that the position is vital to the department. Wrthout it, they lose one officer off the street. If the position is kept at part time, the City will not have to pay benefrts, which significantly decreases the cost. Loso stated that he is in favor of turning away the grant. He does not want to tie the City into having to keep the position full time for three years. The CitY will have to fully fund the position for a full year after the grant expires. Hiemenz stated that he has received comments from the public about the increased visibilitY of the police department since the position was created. Twit asked Chief Will which is more beneficial to you, six full time officers or a % time administrative assistant. Will stated that they are equal. Wrthout the administrative assistant, one of the officers will need to do the same work. Will stated that the Council could discuss this item further at the budget meeting on Wednesday. The Council agreed. Will reported that he is bringing on a new part timer Jolene Hartman to fill in after Keith Stuart's departure. I I I 1 I I Page 3768' August 3, 2000' Will asked if the Council had any comments on the crime statistics report. The Council commented on the 116 speeding tickets and 13 unlawfully tinted windows. Will stated that they are down in the number of calls for assistance. Will stated that he would like approval to send an {)fficer to a grant writing workshop on September 7-8. The cost is $350. Loso stated that he would like Chief Will to attend the workshop. Ehlert made a motion to approve the attendance of the grant writing workshop, seconded by Twit. The motion passed unanimously. Approve Minutes - Twit made a motion to approve the minutes of July dh, seconded by Ehlert, with Loso abstainitlfl The motion passed unanimously. Twit made a motion to approve the minutes of July 2d' , seconded by Ehlert. The motion passed unanimously. Bills Payable and Overtime/Callouts - Weyrens reported that there are a number of reimbursable items on the bills for the summer recreation program. The community picnic made almost $800 this year. Weyrens also reported that they have asked Duane Gertz to continue doing the yard work on the new City Hall building. He took care of it for the bank. He brings his own equipment and only charges $45 per time. He is also the interested in cleaning the building once we move in. Ehlert stated that he doesn1 have a problem with him closing out the year, but would like to see him doing it on an as needed basis only. Weyrens reported that they received cellular phone bids from six companies and that Nextel came in the lowest. There would be a cell in each squad car, one in public works, one for summer and winter rec. Will pointed out that the phones also act as pagers. They will be looking at mid range phones for $69.00. Twit made a motion 10 authorize the City to accept the lowest bid on the cell phones. Loso seconded the motion and it passed unanimously. Loso made a motion to approve the bills payable. Ehlert seconded the motion and it passed unanimously. Loso made a motion to approve the overtime and calfouts, seconded by Twit. The motion passed unanimously. Public Comments on the Agenda - Gary Utsch asked the Council what type of work this administrative assistant would be doing to make over $40,000. Hiemenz explained that this amount is not all salary. It also includes benefits and a 3% cost of living increase each year. Ehlert stated that the employees have a very nice insurance program where the City pays for 85% of it. Mike Deutz addressed the Council. He wanted to know whether or not the Council would allow the landlords to speak during the Ordinance 55 discussion. Hiemenz stated that they aren't required to allow them to say anything. Ehlert stated that it is clear by the numbers in attendance at the meeting that this is an important item and that they should be given the opportunity to speak. Discussion or Changes to Ordinance 55: Housing, Maintenance and Occupancy Ordinance _ Deutz asked if the Rental Committee was going to make another report. Noreen Loso stated that they already gave their report at the last meeting and that this meeting is just to go over the recommended changes to Ordinance 55 so that Steve Hagman, the new Rental Inspector can start his inspections. Noreen put an overhead showing the changes on the overhead projector. Deutz stated that the Landlord Committee has hired an attorney who will be able to answer any questions should the Council have any. They feel that the definition of family is not clear enougn. They agree that furniture on lawns and parking are both issues that need to be dealt with. The change to room ventilation will be cost prohibitive to some of the older homes. Also, the change , from 25% to 15% paint requirement will apply to all the homes in St. Joseph, and not just the rental housing. They also firmly believe that the rental license should run with the property and not the owner. Their attorney had advised them that giving the City a list of tenants is a Page 3769 August 3, 2000 violation of the data privacy act and not a matter of public record. Deutz also stated that the Landlord's association would like to see a final copy of the ordinance before it's adopted formally. Hiemenz suggested that the Council work its way through Ordinance 55 one change at a time. The changes on page two are merely language and title changes, for example "Faculty Residence Directors" was changed to just ·Residence Directors." On page 3, subd. 7: Family, the word ·Or" was added. Schmidt explained that the Rental Committee pulled a and b from another ordinance and inserted it here. City Attorney John Scherer stated that the definition of family was most closely defined for R-1and that the strict definition of family has not been used in R-3. Hiemenz explained that without the ·or" the definition would allow for 3 unrelated people and any related members would only count as one of those people. By adding the "or" to the definition, family is now limited to three unrelated people OR a family. Hiemenz stated that the next change is on page 5, Section 55.4 subd. 3. Maintenance of Occupied Areas. The committee added the phrase ·in order to prevent any health, safety or fire hazards." Steve Hagman, the rental inspector stated that this was for the sake of clarification. Everyone's definition of ·clean" is different so the committee wanted a better standard. This could be beneficial in non rental situations as well. I Hiemenz stated that the next change is on page six, subd. 6 b. The provisions relates to furniture and mattresses being placed outside. Noreen Loso stated that this is another situation where the committee took a provision from another ordinance and copied it verbatim into the housing ordinance. John Scherer stated that in these situations, it may be better to simply refer to the other ordinances than to include them twice. Hiemenz stated that the next change is on page 7 relating to parking. Schmidt stated that again, the committee pulled all of the text from the Zoning Ordinance. They only made one change and that was to the width of the parking stalls. The Committee recommended that the stalls be 9x17, instead of 9x18. Scherer stated that this section should be removed and simply referred to in the ordinance. Repeating sections of ordinance throughout can be problematic when changes occur. Sections tend to get missed. I Twit expressed some concern with the formulation for parking stalls, specifically the second provision that reads· When units or measurements used in determining the number of required parking spaces result in requirement of a fractional space, any fraction up to and including one half space shall be disregarded and fractions over one half shall require one space." He stated that with this provision, multiple housing units will end up short on parking. The ordinance sells it short on the front end. Steve Frank addressed the Council and said that the CitY should look into what other communities are tloing. What does the League suggest? John Scherer indicated that he wasn't sure why the Y. space was handled in this manner. Nonetheless, this entire provision should be removed from Ordinance 55 and merely incorporated by reference. The parking section itself can be re-addressed and clarified at a future meeting. Hiemenz stated that the next change was to Section 66.6 subd. 2. Nonhabitable Room Ventilation. Schmidt stated that the Committee was divided on this issue. It was suggested that there be a requirement that the room be vented to the outside. There was some disagreement as to whether it would be satisfactory to have it be vented to the attic. Deutz stated that the Council must realize that this would have widespread application and not just be for the rental housing in town. Scherer suggested that the phrase "either a window or a vent to the exterior" be added to the provision. Hiemenz stated that the next change was on page 12, 55.8, Subd. 1. Thle Committee changed the percentage from 25% to 15% in the section regarding how much exterior would have to be in poor condition before it must be repaired. Steve Hagman stated that prior to 1978, all paint contained lead and they should automatically be repainted. Lead paint is a safety issue and this type of provisioo also ensures that the houses in town are kept up. Some of the landlords in the I I I I i Page 3770 August 3, 2000 audience expressed concern that the new housing inspector would expect them to make all of I the changes at once. Scherer stated that the City would have to work from a standard of reasonableness. He would encourage flexibility and cooperation on the part of all involved. The next change is on page 13, Section 55.9 Subd. 1. The committee wanted to include a provision in the section of the Uniform Fire Code that states that there shall be no more than ten people in a basement with less than two doorslexits. Schrerer stated that this would not be enforceable and recommended that this not be done. Hiemenz stated that the next change was on page 14, Section 55.10. Fire Protection. The Committee recommended that there be a fire extinguisher and carbon monoxide detector in every unit, as well as a smoke detector on every level. There was some discussion about whether or not this could be limited to rental units alone. Scherer recommended that the section be left as is with the statement "All buildings shall be subject to the Uniform Fire Code." The next change was on page 14, Section 55.11 Licensing of Rental units: Subd. 1 C. The Committee recommended that the owner or their designee be able to respond quickly to any emergency, and thus suggested a requirement that they live within a 25-30 mile radius of the City. Schrererstated that he thought this was reasonable. The Committee also suggested that any new rental licenses be given to the Planning Commission for review and approval. This was meant only for NEW licenses and not for renewals. This would provide a check and balance for the rental inspector. Steve Frank addressed the Council. He stated that he is especially concerned about what is being allowed in R-1. He would like to see the Council limit rentals completely in R-1. Hiemenz explained that the situation he is describing is the one currently in place. The Council is trying to figure out how to deal with the situation as it stands now. Hiemenz stated that the next change is on page 15, Section 55.11, Subd. 8. License Not Transferable. Deutz reiterated that he feels that the license should run with the property and not the owner. John Scherer agreed and stated that the Council would be inviting litigation if they wanted to sunset the grandfather clause. There is minimal case Jaw out there about such a sunset, and most of them only refer to biJIboards. He hasn1 seen it tried in any other situation. Scherer stated that when this is taken to court, there is a SO/50 chance that the CitY would lose. Loso stated that the courts. would have to look at the comp plan for the City which emphasizes keeping the old neighborhoods intact. The Comp plan has just been ignored over the years. Scherer stated that even so, any decision to change zoning or accept these licenses was a legislative one that was done at the Council table. Twit said that basically Scherer is telling them that twenty years from now they are going to be having this same discussion. Scherer stated that the grandfather clause would stay in effect until the use changes. Ifthe property is sold to a single family and no longer used as a rental, the grandfather status would be lost. In any other case, the court would most likely consider it a taking, or eminent domain. The City would be taking away a property interest of the landlords. The City is not allowing them to use it in the same manner in which they acquired it. Kevin Blanchette stated that if there is a violation of the code the license could be revoked and the grandfatherstatus would be lost that way. Scherer agreed. Mike Deutz stated that their attorney advised them that it was illegal to require the landlords to give the City the names of the tenants. Their attorney addressed the Council saying th~.'<'41j~,it may not be illegal it certainly is big brotherish and overreaching. John Scherer addre~.~~~,"~" issue saying that the City has an interest in knowing who lives there for public service and sa.. issues. Page 3771 August 3, 2000 Twit made a motion to adopt Ordinance 55 with the changes as recommended by the City Attorney, seconded by Loso. The motion passed unanimously. Hiemenz stated that in light of the late hour, the Council should table the reports until the next meeting and adjourn. I Adjourn - Twit made a motion to adjourn at 11:00, seconded by Ehlert. The motion passed unanimously. Respectfully Submitted, ¿:S-~ Cari Schmidt ClerklAdministrator I I