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HomeMy WebLinkAbout2001 [06] Jun 07 I I Page 3898 Jnne 7, 2001 I Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular ¡ session on Thursday, June 7, 2001 at 7:00 PM in the St. Joseph City Hall. I Members Present: Mayor Larry Hosch. Councilors Cory Ehlert, Bob Loso,AI Rassier, Kyle Schneider. AdministratorlClerk Judy Weyrens. City Representatives Present: City Attorney John Scherer, City Engineer Joe Bettendorf, Public Works Director Dick Taufen, Police Chief Gary Will. Others Present: Dan Schmitz, Brian Stangl, Linda Sniezek, Rose Eiynck, Roger Steichen, Steve Nelson, Jim Graeve, Cari Habiger, Jane Fuchs Noise Violation 115 6th Avenue SE. Dan Schmitz: Mayor Hosch stated that the Council has received notice of an alleged noise violation at 115 - 6th Avenue SE on May 19, 2001. Since the property owner has not requested an evidentiary hearing, the property owner is acknowledging that a noise violation did occur. Therefore, Hosch stated the Council will move to the disposition stage and asked the property owner for any comments he may have. Dan Schmitz stated the property in question is a duplex with one side rented to a family and the i other side to students. On the evening in question he drove by the property at 6:00 PM and there was nothing happening, by 11 :00 PM the police had been called. Schmitz stated that he has owned the property for 12 years and in that time has received only one complaint. Schmitz also stated that the property in violation will be rented to a family next year. Loso stated that the police report indicated the tenants were cooperative and were cited for the criminal offense of the noise violation. In his opinion, Loso believed this incident should have been handled as a warning. Rassier made a motion acknowledging that a noise violation did occur at 115 - 6th Avenue SE on May 19, 2001. Further, the property owner will be fined the administrative fees of $ 150.00. The motion was seconded by Schneider and passed unanimously. AODrove Agenda: Hosch made a motion to ~pprove the agenda with the removal of item (f) I 2001 - 2002 Liquor Licenses from the consent agenda. The motion was seconded by Ehlert and passed unanimously. I Consent Agenda: Loso made a motion to approve the consent agenda as follows: a. b. c. Bills Payable - Check Numbers 29802 - 29868 Minutes April 19, May 3, May 17 and May 22, 2001 Close Minnesota Street between College Avenue and 1" Avenue NWand College Avenu South from Minnesota Street to the eastlwest alley on July 4,2001. Approval is I contingent upon proper signage and approval from Stearns County. Accept/he low bid of Design Electric in the amount of $ 5,875.00 for the upgrading ofthe Millstream Camp area. I Accept the low bid of OM Building in the amount of $ 4,610 to remodel a portion of the City Offices providing for evening security ¡ Item removed ! Authorize the expenditure of $ 692.00 to install a computer modem from McDowall Company to operate the HVAC System Accept the Police Chief Review and recommendations of the City Attorney and Mayor. d. e. f. g. h. The motion was seconded by Rassier and passed unanimously. I ¡ Liauor License 2001 2002: Rassier made a motion to approve the following licenses to be effective from July 1 2001 through June 3D, 2002. I Off Sale: Loso's Inc (Loso's Main Street Pub); P & L of SI. Joseph Inc (La Playeffe); EI Paso club & Lanes; SIP Inc.; SI. Joe Amoco Liquor; Hollander's Page 3899 June 7, 2001 On Sale: Loso's Inc (Loso's Main Street Pub); P & L of St. Joseph Inc (La Playeffe); £1 Paso club & Lanes; BIP Inc Loso's Inc (Loso's Main Street Pub); P & L of St. Joseph Inc (La Playeffe); EI Paso club & Lanes; BIP Inc; American Legion College of St. Benedict; Bo Diddley's American Legion Club I Sunday: Wine: Club: The motion was seconded by Loso. Ayes: Hosch, Ehlert, Loso, Rassier Nays: None Abstain: Schneider Motion Carried 4:0:1 All Soec Services Nancy Scott: Building Official Nancy Scott appeared before the Council to present the 1" quarter building activity report. Scott stated that she has been working for the City for 3 months and would like to address the following concerns: 1. Mechanical and Plumbing Code: The City of St. Joseph is one of the few jurisdictions that does not enforce the Minnesota State Mechanical and Plumbing Code. The enforcement of the code is meant as a safety measure to assure gas appliances, fixtures and plumbing are installed correctly. Energy Code: The State of Minnesota has changed the State Building Code requiring building pemnits for roofing and siding. Scott stated that she would charge a nominal fee for such pemnits and would work with residents doing the work on weekends. Ehlert stated that he does not wish to stop residents from working on weekends or fear getting ticketed on weekends because a permit was not secured. Scott assured the Council that pemnits could be secured after the weekend and the inspection could be completed at the same time. Rental Housing Inspections: Scott stated that she attended the meeting conducted by the Rental Housing Inspector and has some concerns. Scott requested clarification as to who is the Housing Compliance Official: and if it is Rental Housing Inspector Steve Hagmann, is he responsible to Scott. Hosch and Ehlert stated that it is their understanding that Hagmann is the Housing Compliance Officer and consults the Building Official as needed. I 2. 3. Noise Violation 310 Old Hiahway 52 Brian Stangl: Mayor Hosch stated that the Council has received notice of an alleged noise violation at 310 Old Highway 52 on May 19, 2001. Since the property owner has not requested an evidentiary hearing, the property owner is acknowledging that a noise violation did occur. Therefore, Hosch stated the Council will move to the disposition stage and asked the property owner for any comments he may have. Stangl stated that he has recently purchased the property at Old Highway 52 and this process is new to him. The students involved in the incident on May 19 have moved and were not available to be present a this meeting. Stangl further stated that the first notice he received was a certified letter. He was told that they could not find his phone number, but they were able to contact him earlier in the day. City Attorney John Scherer questioned if his lease includes party provisions and loss of damage deposit. Stangl stated that the lease does not have any provisions for parties and the damage deposit has already been retained for repairs to the unit. Ehlert made a motion acknowledging that a noise violation did occur at 310 Old Highway 52 on May 19, 2001. Further, the property owner will be fined the administrative fees of $ 150.00. The motion was seconded by Schneider and passed unanimously. Public Comments: No one present wished to speak Linda Sniezek. Rental License Request: Linda Sniezek appeared before the Council to request authorization to rent her parents property located at 213 Ash Street East. The Ordinance Amendment in September 2000 revised the Ordinance allowing only owner occupied rental units in an R-1, single family zoning district. In February 2000 the City imposed a rental license moratorium to study rental districts. During this time Sniezek requested the Council grant a I I Page 3900 June 7, 2001 !¡, I special permit to allow the property at 213 Ash Street East to be used as a rental unit. Sniezek agreed to adhere to the new policy after the moratorium was lifted. In December of 2000 Sniezek requested relief from the new Ordinance due to a medical condition of her tenant. The Council granted relief with the understanding that the special permit expired in May of 2001. Sniezek is currently requesting relief from the Ordinance to prevent a financial hardship if the property is sold, and presented the Council with a letter from her attorney advising her family not to sell t~e home. The home has been rented to a family since March of 2000 and the tenants have b~come members of the community. Sniezek stated it is her opinion that the Council wanted to encourage families to move to St. Joseph rather than leave homes unoccupied. She further stated the amended Ordinance may force elderly residents to sell their homes. Sniezek's tenant, Cari Habiger approached the Council and requested that the rental license be continued at 213 Ash Street East. She stated that she has been living in the home since March of 2000 and has chosen to make St. Joseph her home. Habiger stated that it was difficult finding rental housing in SI. Joseph and if the Council does not allow the rental license to continue, she will not be able to live in St. Joseph. Loso stated that the Council ruled on this matter in December, allowing the rental license to continue until May of 2001. Loso clarified that when the original permit was granted, it was understood that it was a special permit until the moratorium period concluded. Further, Sniezek agreed to abide by the recommendations of the committee if the special license were extended. Loso stated that in his opinion the Council was upfront with Sniezek and she agreed to these terms. Therefore, he does not feel any relief should be granted, as in doing so the Ordinance willi loose integrity. I Roxanne Habiger approached the Council and questioned why the Council does not want to encourage family rental. Attorney John Scherer stated that St. Joseph has been trying to deal with managing the rental units within residential neighborhoods. Residents have requested the Council take action to stop the conversion of homes to student rentals and keep the neighborhoods in-tact. Rental units in residential areas lead to a majority of problems such as noise, garbage, and lack of adequate lawn care; The purpose of the new ordinance is to stop or slow down the proliferation of rental units in an R-1, Single family zoning district. Scherer further clarified that the Council cannot make a provision for family rental as then it would become discriminatory. Ehelrt stated that it is his understanding that the purpose of the new Ordinance was to preserve the older housing stock for single family use. It is his opinion that the request at this time meets the intent of the Ordinance. The rental unit is being occupied by a family who is a part of the community of SI. Joseph. Ehlert further stated that he feels this property was caught in the middle of the process and the use should be allowed to continue. Rassier stated that it is his opinion that the Council should give the Ordinance a chance and granting the special permit at this time overrides the new Ordinance. Rassier questioned Scherer as to the legalities of issuing such a permit. Scherer responded that he is uncertain as to how ! the initial permit was granted, but instructed the Council to be cautious when considering this matter. Hosch stated that he too beliefs the property in question was caught in the middle of the Ordinance change and has some inherent rights. Denying the permit at this time could create a hardship. Hosch further stated that if the initial request was not made during the moratorium period he would not be supportive of allowing a rental permit. I , , Schneider concurred with Sniezek that an empty house is not an asset to a neighborhood. If the ¡ property remains vacant it begins to look rundown and will become unsightly. Therefore, he feels the best use for the property in question is to continue as a rental unit. Page 3901 June 7, 2001 Ehlert made a motion to extend a Special Rental License to the property at 213 Ash Street East. The license may be renewed annually with the following understanding: The rental license will cease 120 days after the death of Rose Viehauser, or upon Cari Habiger moving from the property; which ever comes first. The motion was seconded by Schneider. I AyeS: Hosch, Ehlert, Schneider Nays: Loso, Rassier Motion Carried 3:2:0 Rental Housina Insoector Steve Haamann: Rental Housing Inspector Steve Hagmann appeared before the Council to discuss the license process for 2001 - 2002. Hagmann stated that he met with a number of landlords and discussed the process that will be used for securing a rental license. He stated that this year licenses will not be issued until all fire safety issues are resolved and completed paperwork and fees are submitted. Hagmann also stated that all lower level bedrooms will be required to install egress windows. The landlords present at the meeting requested one year to complete the egress windows as it is a costly item. Scherer clarified that any extension of fire safety issues should be acknowledged on the rental registration form along with a deadline for completion. Further, a second inspection should be conducted to assure that repairs have been completed. Hagmann stated he would like the Council to change the rental license period to begin October 1" of each year. He stated that changing the date would allow rental inspections to be completed when they are occupied, thus allowing him to check traffic patterns and occupancy. In addition, he would have the opportunity to talk to the tenants if they have any issues. Ehlert stated that he would like to see fire safety issues completed within a time frame such as 90 days. The landlords are aware they need egress windows for lower level living and they should be installed in a timely manner. He further questioned the logistics of completing the inspections during the school year as many of the rentals in St. Joseph are student re,ntals, thereby largely being unoccupied during the summer months. The vacancy period allows repairs to be completed without disturbing tenants. Ehlert questioned if the landlords provided any input on the license period. Hagmann stated that the landlords present requested the rental license period remain as it is currently. I Loso stated that changing the rental license period would have a negative impact to the Noise Ordinance. Currently any violation of the Noise Ordinance stays with the property during the license period, from August 15 to August 14. This period also coincides with the school year, making the tenants responsible for the full 12 month period. If the rental license period is changed, two different groups of tenants may be impacted by violations. Hosch stated that it is his preference to keep the rental license period as it is written. He has received feedback from landlords that it would be difficult to complete major repairs while the rental until is occupied. Schneider concurred with Hosch. Rassier stated that as a former rental inspector he would argue that the inspections are easier to complete without all the tenants present. Some of the major repairs could not be completed while occupied, and it would be difficult to remove the tenants if the inspections were completed in September and October. Loso made a motion denying the request of the Rental Housing Inspector leaving the license period as stated in Ordinance No. 55. The motion was seconded by Schneider and passed unanimously. CITY ENGINEER REPORTS I Page 3902 June 7, 2001 I Capital Improvement Plan: City Engineer Joe Bettendorf presented the Council with the Capital Improvement Plan. The plan includes street maintenance and reconstruction, purchase of additional parkland, construction of a maintenance facility, purchase of additional sewer conveyancelcapacity, lift station repairs, and water improvements. The Council needs to review and prioritize the proposed improvementsl needs. However, Bettendorf noted the additional sewer conveyance/capacity and reconstruction of the Baker Street lift station is a priority. Bettendorf stated the Council should also begin planning for an additional water tower and well field. As the City grows this will become a priority issue, and long range planning could prove cost effective when purchasing additional land . Rassier questioned if water and sewer lines are replaced when a road is reconstructed; and if so who pays for the replacement. Bettendorf stated that some of the street projects include pipe replacement as they are over 30 years old. The proposed plan indicates the property owner will be assessed a portion of the cost. At the present time the City has adopted a policy assessing property owner 60% of the road cost and water/sewer replacement. ! Councilors discussed with Bettendorf the number of elderly residents that would be affected by the improvements. Bettendorf stated the City could investigate providing for deferred assessments for seniors and hardship situations. Weyrens stated the City currently has a provision for deferral and she will conduct further research before a public hearing is conducted. The Council agreed to conduct a special meeting on June 13, 2001 at 1 :00 PM to review and prioritize the Capital Improvement Plan prepared by Bettendorf. . I County Road 121/ College Avenue South: Bettendorf stated that he is still reviewing the plans the reconstruction of County Road 121. The Council will need to determine the financial impact of the project and how the project will be financed. At this time it does not appear that any road work will be completed in 2001. It is the intent of the County to prepare all the documents and bid the project for a spring 2002 start date. The Council agreed to discuss this matter in special session on June 13. Northland Phase V: Bettendorf reported that the feasibility report has been completed for Northland Phase V and the developer is requesting to move forward with the solicitation of bids. Therefore, Loso made a motion to adopt the following resolution approving the plans and specifications and ordering advertisement for bids for the improvements to Northland V. The motion was seconded by Rassier and passed unanimously. Resolution Approving Plans and Specifications and Ordering Advertisement for Bids WHEREAS, pursuant to a resoiution passed by the Council on May 15, 2001, the City Engineer, Joe Bettendorf of SEH, has prepared plans and specifications for the improvement of street and utilities for the development of Northland Phase Vand has presented such plans and specifications to the council for approval; , NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH MINNESOTA: , , , 1. Such plans and specifications, a copy of which is hereto and made a part hereof' are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in th'e official paper an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published and specify the work to be done, shall state that bids will be opened and that the responsibility of the bidders will be considered by the Council at 7:30 PM on JUIY¡ 19, 2001 in the Council Chambers of the City Hall, 25 College Avenue North. I Any Bidder whose responsibility is questioned during consideration of the bid will I Page 3903 June 7, 2001 be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the City Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City of SI. Joseph for 5% of the amount of such bid. I Northland Phase V Final Plat: The Council reviewed the final plat for Northland Phase V. Scherer advised the Council to include drainage easements on the eastern lots rather than provide for outlots. The City incurs maintenance costs if outlots are platted and ownership becomes an issue. Scherer further recommended that the easements include egresslingress rights. Bettendorf questioned if the drainage areas will be required to be fenced. The Council agreed to include language that would allow fencing if liability became an issue. Rassier made a motion to approve the final plat of Northland Phase V with the following contingencies: 1. The plat be revised to include easements in the drainage areas. The easement should provide for drainage and access. Further, it will be the responsibility of the owner to record the easements. The motion was seconded by Schneider. Ayes: Hosch, Loso, Schneider, Rassier Nays: None. Abstain: Ehlert Motion Carried 4:0:1 Northland Phase V. Developers Aoreement: Rassier made a motion authorizing the City AdministratorlClerk and Mayor to execute the Developer's Agreement for Northland Phase V with the following additions: 1. Inclusion of the easements as stated above. 2. The developer will stake and delineate wetlands. 3. Fencing will be provided around Northland Park as requested by the Park Board. I The motion was seconded by Rassier and passed unanimously. SI. Wendel Sewer Exoansion: Scherer reported that at a recent Department Head meeting extension of sewer service to SI. Wendel Township was discussed. He presented an idea whereby SI. Wendel Township would install the infrastructure and then contract with the City for services until the property is annexed. This method would limit the exposure to the City and place the financial burden on SI. Wendel Township. Scherer stated he presented his idea to the City of SI. Cloud and they have initially agreed to consider the matter. The Council agreed to present this information to SI. Wendel Township on June 26, 2001 at 6:30 PM at the SI. Wendel Township Hall. DEPARTMENT HEAD REPORTS POLICE DEPARTMENT Racial Profilina: Police Chief Gary Will, Jr. reported that the legislature has passed a bill requiring ali cities adopt a policy and train employees in matters concemed with racial profiling. The bill has become effective July 1, 2001. The training will be paid by the State of Minnesota with the only cost to the City being travel time. The bill also provides for data collection and will fund· those efforts. Will stated that he will update the Council as more information is available. Car Detailinç¡: Ehlert questioned when the 2001 squad will arrive and if the detailing will be the same as the previous car received. Will reported that all the officers with the exception of one requested new graphics for the new squad cars. The officers in the department did not have consensus for the design chosen, but of those with an opinion, the graphic of choice was detailed on the new squad car. Ehlert requested that before the graphics on placed on the second car I i I Page 3904 June 7, zoot ! I som!J discussion tak!Js plac!J as to what th!J City is looking for in graphics. Will agm!Jd to bring th!J matt!Jr back to th!J Council for consid!Jration. PUBLIC WORKS BI!Jach!Jr Saf!Jty: Public Works Dir!Jctor Dick Tauf!Jn r!Jport!Jd that h!J and th!J Building Officiat hav!J insp!Jct!Jd all th!J bl!Jach!Jrs for compliance with safety r!Jgulations. The Recreation ' Association has alr!Jady r!Jpair!Jd th!J bl!Jachers in Millstream Park to comply with saf!Jty r!Jquimments. How!Jv!Jr, th!J bl!Jach!Jrs at M!Jmorial Park am in n!Jed of mpair. Th!J approximat!J cost to fulfill th!J saf!Jty r!Jquimm!Jnts is $ 1,000 and as this is a saf!Jty m!Jasur!J th!J parts have already be!Jn ordered. Ehlert stated that he would contact the Lions to see if they would assist with funding. Seasonal Maintenance Workers: Taufen reported that the City accepted ahd reviewed applications for temporary maintenance workers. The following individuals were hired to work until August 31,2001: Erik Schultz, Kyle Kane, Eric Theisen. MAYOR REPORTS Affordable Housina: Hosch requested the Council discuss the proposed Affordable Housing Ordinance and provid!J input for the committee. Loso stated it is his opinion that the City has enough affordable housing and should not participate with the area cities. Ehlert stated that he has concern with the mandatory requirement that all housing developments contain 15% of affordable housing lots. He further stated that St. Joseph has affordable housing and believes each City should be rated on their own merit. I The Council reviewed the mcommendations of the Planning Commission. Hosch stated that he too has concern on the mandatory plat requirement and the make-up of the board governing the area of affordable housing. Rassier stated the Council spent considerable time discussing the matter and recommended the City respond to the task force with the concernS of St. Joseph. Ehlert made a motion authorizing the Mayor to forward the following recommendations regarding affordable housing to the task force: i a. Clarify the financial analysis of the administrative and program costs b. Define the members of the "five city panel" c. Review the cost of city personnel d. Review the provision of "cash in lieu of construction" e. Review the provision of mandating every new development to include affordable housing f. Consider integration of affordable homes with market rate homes g. Consider reducing home re-sale clause from 10 years to 5 years h. Consider implementing a review procedure for all the cities, such as a . "scorecard or tally" that will show the progress of each City with regard to affordable housing. The motion was seconded by loso and passed unanimously. Joint Planning District: Hosch r!Jported that the Area Joint Planning Committ!J!J has re-organiz!Jd i and will be meeting four times throughout the Y!Jar. The Committee is comprised of the area I Mayors and Administrators with D!JWayn!J Merrick chairing the Committee. I COUNCil REPORTS LOSO Page 3905 June 7, 2001 No Report RASSIER I Minnesota Beautification: The Lions, Jaycees and St. Joseph Chamber contributed and planted flowers along Minnesota Street. The Council requested Weyrens to sent letters of gratitude to all contributing organizations EHLERT No Report SCHNEIDER Park Board: Schneider reported the Park Board has met with a representative of the League Insurance Company regarding liability at the skate park, and will continue to review options for operating the park safely. ADMINISTRATOR ICLERK REPORTS LELS Contract: Weyrens reported that she has been contacted by the Union Representative for the Police Union. The current contract expires December 31, 2001 and they are requesting to begin negotiations at this time. The Council agreed to negotiate the contract as an entire Council and will meet with the LELS representative on July 11,2001 at 5:00 PM. Alter receiving the proposal the Council may consider establishing a sub committee for purpose of negotiation. Comorehensive Plan: Weyrens requested authorization to solicit funding for updating of the Comprehensive Plan. Ehlert made a motion authorizing Weyrens to seek funding to assist the City with the updating and review of the Comprehensive Plan. The motion was seconded by Hosch and passed unanimously. I Citv Office Facility - Roof Reoair Estimates: Weyrens reported that she has received two quotes on repairing the roof. One company has submitted a written quote in the amount of $ 4,000. The second company submitted a verbal quote at approximately $ 2,000. The Council requested Weyrens secure both quotes in writing and submit them to the Council at the next meeting. Adiourn: Loso made a motion to adjourn at 10:30 PM; seconded by Schneider and passed unanimously. c1y 2/~ udy eyrens Ad nistrator/Clerk I