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HomeMy WebLinkAbout2001 [08] Aug 02 I I I ¡ ¡ August 2, 2001 i , Page 1 ¡Of 5 Pursuant to due call and notice thereof, the City Council for the City of SI. Joseph met in regular session on Thursday, August 2, 2001 at 7:00 PM in the SI. Joseph City Hall. I Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI Rassier, Kyle Schneider: Administrator/Clerk Judy Weyrens. , i Others Present: William Tallman, Tim Borresch, Blake Elliot, Lori Pfannenstein, Netti Pfannenstein, Joe Bettendof, Dick Taufen. I I Approve Aaenda: Loso made a motion to approve the agenda, seconded by Ehlert and passed unanimously. i Consent Aaenda: Rassier made a motion to approve the consent agenda as follows; seconded by Schneider and passed unanimously. ' a. Bills Payable, Check Numbers 30063 - 30130 b. Minutes - June 7 and June 28, 2001 c. Authorize the expenditure not to exceed $ 7,900.00 for the purchase of a skateboard ramp. I d. Authorize the attendance of Officer Janssen to intoxilyzer school. e. Accept the application for an Exemption from Lawful Gambling for the Church of st. Joseph for an event to be held on January 6, 2002. i Discussion: Loso questioned the cost of the skateboard ramp and if it is necessary to spend that much money on a ramp. The skate park has been a victim of vandalism and Loso has I reservations about rewarding that type of behavior with expensive equipment. Schneider I responded that the Park Board met with the kids using the skate park and the equipment proposed for purchase is what the kids want. Further, Schneider stated that the City's insurance carrier has required that an handmade equipment be removed and rules for the park be postelL The equipment proposed by the Park Board has been approved by the insurance carrier and I carries a ten (10) year warranty. i Hosch stated that if the park is to continue signs need to be posted and the vandalism needs to stop. Park Board Chair Lonnie Abbott stated that the Park Board is in the process of posting the rules. Ehlert stated that he strongly encourages the Park Board to help find ways to reduce the vandalism. Loso requested the Park Board purchase the vandal proof lights for the skating rink as they are constantly a target for vandalism. I The motion passed unanimously. Public Comments to the Agenda , I Dan Muske. 333 Cypress Drive: Dan Muske questioned the process for the recent rezoning and at what time the final decision will be made. Hosch stated that the City is required to publish and mail notices to all affected property owners. At the public hearing testimony is received regarding the proposed I changes. Due to the large amount of testimony at the recent public hearing, the City Council referred the , matter back to the Planning Commission for discussion on August 6, 2001. The City Council will act on the recommendations of the Planning Commission on August 16, 2001. i ADMINISTRATOR I CLERK REPORTS ¡ Fire Truck Financina: Weyrens presented the Council with a proposal to purchase the ladder truck using Equipment Certificates. Municipalities are limited in the manner in which equipment can be purchased. If the City does not pay for equipment in full, they have two options: 1) lease from the vendor; or 2) I Equipment Certificates. Equipment Certificates can be issued for no longer than five (5) years and the debt cannot exceed ten percent of the market value of the city. The city has not used Equipment I August 2, 2001 Page 2 of5 Certificates in the past, but if the city is considering purchasing street equipment, this option should be considered. The Council agreed to discuss this matter further at the upcoming budget meeting. Noise Violation HearinQ Bill Tallman. 121 Ash Street East: Hosch stated that the property owner has not requested an evidentiary hearing, which is then considered an admission of guilt. The noise violation occurred on July 14, 2001 at 12:28 PM. The police issued citations for 12 underage consumption tickets and 1 noise violation ticket. The police report indicates the tenants were uncooperative and mutual aid from Waite Park was requested. Bill Tallman spoke on his behalf. He stated that he has fined the residents leasing the house for the noise violation. His lease includes a penalty of $ 350.00 for violation of the noise ordinance and $ 750.00 for having a party. On the night in question, the tenants had a softball party which become out of control. Tallman stated that he has decided to no longer sub lease the apartments during the summer months as that is when the tenants seem to get in trouble. Further, in an effort to monitor the property he has hired local resident Tom Borresch. At this time he told the Council he was open to any suggestions the City may have to help control the problem. Tim Borresch stated that he drives by the property daily to monitor the activities. Unfortunately, the night of the noise violation is the one night he did not drive by the property. He further questioned why he did not receive a copy of the noise violation and tonight is the first opportunity he has had to view the report. Weyrens stated it is the policy of the city to notify the property owner. Borresch stated that as manager of the property he should be informed as well. I Council members discussed the history of the property and the fact that the same property received a noise violation one year ago. In the past seven years the property has received four noise violations in addition to complaints regarding lawn maintenance and garbage. Ehlert stated that it is his opinion that the noise violation on July 14, 2001 was the foremost complaint the City has seen. The police had to threaten to call the Fire Department if partiers did not get off the roof. Further, they would not let the I officers enter the house. Therefore, the pattern of noise needs to be addressed. Loso concurred with Ehlert and stated that the residents along Ash Street East have been fighting student rental issues for many years. The property at 121 Ash Street East appears to be a large part of the problem as is evidenced by the property history. Rassier stated that before Borresch was hired to maintain the property, it was extremely difficult to have the necessary repairs made to the house and lawn maintenance was a big problem. Loso made a motion to revoke the license for the property located at 121 Ash Street East, owned by William Tallman for a period of one year. The revocation is based on the noise violation history of the property and severity of the most current violation. The motion was seconded by Rassier. Discussion Ehlert stated that he did receive a call from a resident to revoke the license, as fining the property owner has not had an affect in the past. Hosch stated that he would prefer the license be suspended and not revoked. If the license is revoked the property owner loses his grandfather status and the house would have to be owner occupied if it were to continue to be rented after the revocalïon period. Borresch stated he has been manager for the past two years and the property is getting better. The Council needs to consider there are two other rental units in the general vicinity and some of the complaints become intertwined. Blake Elliot stated that he was present the night in question. He stated that h,e was having a BBQ that ended up out of control. He stated that he did not know the students that were at the party as they were walking by and stopped. It is his opinion that the residents are prejudiced against students and do not want to work with the students. Elliot suggested that the community and student relationships be worked on to help in situations such as this. Further, he suggested that the Council consider assigning community service rather than revoking the rental license. I I I I , August 2, 2001 Page 3 'of 5 Ehlert questioned why, if Elliot did not know the students did he allow them to hide in the attic ind basement after the police arrived at the scene. Loso stated that the Council needs to take a I stand and history of this property makes this situation extremely serious. ¡ Lori Pfannenstein of 221 Ash Street East stated that the residents of Ash street have had to put up with noise and garbage long enough. This summer a full dumpster sat in the yard of 121 Ash street East and the residents had to look at it. The residents have had to call the City Office to request garbage and I mattresses be removed. It is time the Council take action to help the neighborhoods and send a strong message to the Colleges. ,I Netti Pfannenstein of 208 Ash street East stated that the neighbors are tired of dealing with rental issJes. It is time for the Council to show the students that unacceptable behavior will not be tolerated. She ! applauded the Council for their actions, but cautioned that follow through is important. The history of the property in question warrant the penalty considered by the Council. Netti further stated that if the i Council does not intend to enforce the Ordinances they should throw them out. She also questioned if this decision is difficult because there are too many landlords on the Council. i Hosch stated that a suspension of the license would send the same message to the students as a revocation. Loso encouraged the Council to revoke the license and follow through with the recommendations of the Rental Housing Committee. He further stated that the Council has a responsibility to the neighborhood and should make the hard decision. . ¡ Ehlert stated the Council is following the Ordinance as it contains parameters for decision making. Each violation is considered individually and the Council acts within the guidelines of the Ordinance. Schneider questioned if the City has a matrix penalty system for noise violations. Ehlert responded no, that each case is reviewed independently. Ayes: loso, Rassier Nays: Hosch, Ehlert, Schneider Motion Fails 2:3:0 Hosch made a motion to suspend the rental license for the property located at 121 Ash Street East, owned by William Tallman for a period of one year. The motion was seconded by Ehlert. Discussion: Ehlert questioned if the Council could remove the grandfather status with the suspension reducing the maximum renters from five to three. Hosch stated that would be considered a revocation. Ayes: Hosch, Ehlert Nays: loso, Schneider, Rassier Motion Fails 2:3:0 Rassier made a motion to suspend the rental license for the property located at 121 Ash Street, East, owned by William Tallman for a period of one year. Further, the property owner will be fined $ 1,000.00. The motion was seconded by loso and passed unanimously. i , i Hosch made a motion that the property must be vacated in 45 days, (September 16, 2001); seconded by Rassier and passed unanimously. CITY ENGINEER REPORTS County Road 121 (Colleae Avenue South): City Engineer Joe Bettendorf appeared before the Council to discuss the proposed assessment role for the reconstruction of County Road 121 (Colle~e Avenue I South). loso questioned if the City should be contacting the residents on 2951h and 103 Street to see if they have an interest in utility services. Bettendorf stated that he would coordinate correspondence Weyrens. At this time the Council needs to resolve the following issues: I 1. large frontage lots: Bettendorf questioned if the City wishes to cap the maximum frontage that would be charged. Any amount in excess of the cap would be August 2, 2001 Page 4 of5 2. the city. Loso questioned why the city would cap the amount. Bettendorf responded that some of the assessments are large and benefit to the property must be shown. The Council was in general agreement to follow past practice, assessing the actual amount of front footage. College Park Apartments - Watermain may need to be replaced. The existing main has served a useful life, so the question is the replacement cost assessable. The Council agreed to assess it as in the past. Bettendorf also questioned the number of units being assessed for water and sewer. If the past formula is used, the units being assessed is less than one half the total number of units. The Council agreed to use the formula currently in place. Church Property - Bettendorf questioned the assessment for the church. The properties are corner lots and as such the long side is assessed at 50%. When Minnesota Street was reconstructed the property owner was only assessed for curb and gutter. Ehlert questioned why one property owner should only be assessed for 50%. Bettendorf responded that each project is financed individually depending on revenue sources. The City in the past has not changed the assessment policy based on a past project. Bettendorf agreed to review this matter and report back to the Council. 3. Ehlert questioned if the City has any input in the final design of County Road 121 (College Avenue South). Bettendorf stated that the City must approve the plans and he will make arrangements with Stearns County to present the plans to the City Council. It is his understanding the road has been designed with three lanes (a middle turn lane). The road bed will be 44' wide with 10' shoulders. I Proiect UDdates: Pond View Six: The roads are moving forward and should be compl1eted shortly. Northland Five: The pre-construction meeting was scheduled and diirt work has begun. The City is still working on the Developer's Agreement and recording the Final Plat. Street Project: Representatives from SEH are working on the feasibility report for the first phase I of the capital improvement project. The report should be ready late August or early September. Final Grading, Pond View Six: The wrong grading plan was submitted for Pond View Six. Bettendorf stated he had reviewed each lot before the final was approved and when the first building permit was issued it was discovered the grading had changed. Therefore, he must review the entire grading plan again. Public Works Report Bus StoD Relocation Reauest: Public Works Directar Dick Taufen reported that the College of St. Benedict has requested authorization to move the bus stop on 2'"" Avenue NW from near Centennial Park. South one half block to the monument area. The current bus stop is presenting a safety issue as students are walking in front of and behind the bus. By moving the bus stop one half block south the students would walk away form the bus. The bus stop would be for drop off only and would end daily by 5 PM. The College is asking that the curb be painted yellow. In addition, they have agreed to help with the snow removal as it is a direct benefit to the students. Taufen recommended the Council move the bus stop as requested. Ehlert made a motion to move the bus stop on 2nd Avenue NW as requested by the College of St. Benedict and painting the curb yellow. It is further understood that 51. Ben's will provide the snow removal for the bus stop area. The bus stop is for drop off only and will end daily by 5 PM. The motion was seconded by Loso and passed unanimously. Street Sian Reauest: Taufen reported that Stearns County has installed new street signs on County Roads. The County has converted the signs from a six inch plate to a nine inch plate with six inch lettering. The new sign is easier to read. Taufen stated that many of the existing street signs are in need of replacement and requested the Council consider converting the signs to nine inch plates. The original signs were purchased by the Lions and include their emblem. If the signs are replaced Taufen recommends the emblem be included. Loso made a motion to change the street signs to a nine inch I I I I August 2, 2001 Page 5.of5 plate as requested by Taufen and to establish a program for replacement. The motion was seconded by Rassier and passed unanimously. Water Hvdrant: Taufen reported that a hydrant may need to be replaced. During construction a gaskei become lodged in the hydrant and has caused it to malfunction. If the gasket cannot be removed the! hydrant will need to be repaired. Repair cost could exceed $ 5,000 including removing a portion of the sidewalk and replacing the paving stones. The Council was in general agreement that it needs to be ! repaired and requested Taufen keep the Council informed. Mayor Reports Meetinas: Hosch reported that he attended the West Metro Corridor meeting and will be meeting with representatives from St. Cloud regarding the sewer conveyance/capacity. Council Reports LOSO St. Wendel Sewer: Loso questioned the status of the sewer issue regarding St. Wendel Township. Weyrens reported that she contacted the Township Clerk and they will be discussing the matter on August 7,2001. Loso and Hosch agreed to attend the meeting at St. Wendel. RASSIER Affordable Housina: Rassier stated he attended another meeting in Waite Park regarding the refurbishing of older homes. They are also looking for representation from area cities to work on a joint Rental ! Ordinance. Rassier stated that St. Joseph appears to be more progressive than some area cities ! regarding rental regulations. ! EHLERT - No Report SCHNEIDER I , Park Board: Schneider reported the Council recently met to prepare the 2002 budget. They have also welcomed a new member, Chuck Muske. The repairs to the campground at Millstream Park have been completed and the signs should be installed shortly. i ! The Council recessed at 9:30 and reconvened at 9:45 at which time City Attorney Tom Jovonavich stated that the Council would be going into closed session. The meeting was closed pursuant'to MS § 13D05 Subd. 3 for an interim evaluation on the performance of the Police Chief. , I At 11 :29 PM the meeting was opened and Loso made a motion to adjourn; seconded by Rassier and passed unanimously. ! I , ! ~d7 Jud Wrens Adm stratorlClerk ","-L',;¿("h~'MhJ.L!::W!,~;b;,¡ ;; -''''. I THIS PAGE INTENTIONALLY LEFT BLANK I I