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HomeMy WebLinkAbout2001 [01] Jan 17 Page 3839 January 17, 2001 Pursuant to due call and notice thereof, the City Council met in special session on Wednesday, January 17, 2001 at 5:00 p.m. at the St. Joseph Meeting Grounds. Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, Kyle Schneider, AI Rassier. Clerk/Administrator Judy Weyrens. I Others Present: City Attorney John Scherer, City Engineer Joe Bettendorf, City Bond Counsel Monte Eastvold, Public Works Director Dick Taufen, Nick Phal. City Attorney John Scherer stated the purpose of this meeting was to present introductory material to the new Councilors and provide an opportunity for the experienced Council members to share input. Scherer presented the Council with the following information: o Governing Rules for the City of St. Joseph o General Rules of the City Council o Delegation authority of the City Council o Meetings ( publication requirements and quorum) o Open Meeting Law . o Counting Votes - Super Majority -vs- Majority o Rules of conduct for meetings o Actions of Councilors o Conflicts of Interest o Gift Law o Contract requirements o Land Use Rules o Lawful Expenditures I City Engineer Joe Bettendorf presented the Council with the following information: ¡ o Role of the City Engineer I o Boards / Commissions the City Engineer represents on behalf of the City of I St. Joseph I o Private Developer and Conflict of Interest o Updated the Council on the current issues facing the City Council (Millstream Storm Sewer Repair, Computer mapping, Joseph Street Improvement, St. I Joseph Business Park, Northland Addition, Capital Improvement Program, Pond View Ridge Sixth, CR 121 Improvement, Golf Course Project, Municipal State Aid System, St. Wendel Sewer Negotiations, Current Transportation I Issues. . I City Bond Counsel Monte Eastyold presented the Council with information on the Debt i Management Study prepared in October 2000. The study includes a detail cash flow for each bond fund the City has outstanding. ' The meeting was adjourned by consensus at 7:20 p.m. 1t4~ Ju y Weyrens rk/Administrator I I I Page 3840 January 17, 2001 Pursuant to due call and notice thereof, the St. Joseph City Council and St. Joseph Planning I Commission met in joint session on Wednesday, January 17, 2001 at 7:30 p.m. in the St. Joseph City Hall. i City Council Members Present: Mayor Larry Hosch. Councilors Bob Loso, Cory Ehlert, AI Rassier, Kyle Schneider. City Clerk/Administrator Judy Weyrens. i I i Others Present: Diane Schneider, Tim Borresch, Sue Borresch, Jim Hardwick, Noreen Loso, Ben Poepping, Mary Ann Poepping. Plannina Commission Members Present: Chair Gary Utsch. Commissioners S. Kathleen Kalinowski, Marge Lesnick, Kurt Schneider, Michael Deutz, Jim Graeve. Planning Commission Secretary Chad Carlson. Mayor Hosch stated the purpose of the joint meeting is to discuss the recent changes to Ordinance 52 and 55 of the St. Joseph Code of Ordinances as it relates to securing a rental license in a R-1, Single Family zone. A recent issue before the Planning Commission has given concern whether or not the Ordinance should be changed to allow non owner occupied rental units in an R-1 area. Further, the Council and Commission need to discuss where R-3 zoning should be located. Planning Commission Chair Gary Utsch stated that he would like to see an area zoned for single family rental, not necessarily student rental. He understands the Ordinance was changed to only allow owner occupied rental in R-1 zone to help protect the integrity of the residential 'I neighborhoods. However, by excluding non owner occupied rentals, the City has excluded families from renting homes in residential neighborhoods as well. I Noreen Loso stated she was a member of the Housing Committee which reviewed the Ordinances and recommended the changes that are now being discussed at this meeting. First, she stated that the City cannot have an Ordinance that discriminates against students. Secondly; the Housing Committee was charged with reviewing the Ordinances and recommending changes that would leave neighborhoods intact and provide an area for R-3. In Loso's opinion the Planning Commission at this time needs to review the zoning map and find an appropriate area for R-3. I I I I Bob Loso stated it is his opinion that the entire downtown area should be zoned R-3 as the City of Sartell has recently done. Loso stated it is his understanding the Ordinance cannot include a provision whereby a rental license could be secured in an R-1 area by issuance of a Special Use Permit. The City Attorney has provided information that issuing a Speciai Use Permit may leave the City open to litigation. Jim Hardwick stated that he too was part of the Housing Committee and feels there are two issues at hand: 1) How should the City handle the rezoning request of Tim Borresch? 2) If an area in the City limits were to be designated as R-3, (multiple family), where would it be? Hardwick stated it is his opinion the middle section of the City should be zoned R-3 as it is near the college. It is his understanding that many of the complaints received at night are from foot traffic to and from the bars and student housing. By providing an area near the college for housing, the early morning disruption of the neighborhoods should be lessened. Hosch stated that the City cannot discriminate based on familial matters and does not support changing an Ordinance limiting a rental area to family units only. The City cannot legally make such a change. I Ehlert stated that he has met with Deutz and Carlson and discussed the need to review the Zoning of St. Joseph, and the Comprehensive Plan as well. The Comprehensive Plan was last updated in 1996 and should be reviewed at this time. Page 3841 January 17, 2001 Ustch clarified that he voted against the rezoning request of Tim Borresch on Monday night as he . felt the Planning Commission should review the entire area to determine R-3 zoning. Utsch stated that he has some ideas that he would like to present at the next Planning Commission meeting. I Tim Borresch stated that he made an application with the City to rezone three parcels from R-1 to R-3. The property he was seeking to rezone was bordered by R-3 zoning on the east and a street on the west. In Borresch's opinion the rezoning would continue the present zoning and not be spot zoning. While he understands resident's fear that once the property is rezoned the present single family homes could be torn down and an apartment complex built. Borresch stated that is not his intent. However, someday that area could be senior apartments with a garden in the front yard. Borresch encouraged the Council and Commission to assess all the possible uses for the property and not assume it will become an apartment complex for student housing. AI Rassier stated that he too was part of the Housing Committee and agrees the Planning Commission and City Council need to determine an area for multiple family housing. However, Rassier stated that he understood the main issue for this meeting to be the recent change in R-1 Zoning, allowing only owner occupied rental units. Marge Lesnick stated that it is her opinion that the Planning Commission was not consulted before the R-1 Zoning change was approved by the City Council. It is true the Planning Commission passed a resolution requesting the Council place a moratorium on rental licenses but they were not consulted beyond that. Lesnick does not agree with the revised Ordinance requiring all future rental units in an R-1 to be owner occupied. Bob Loso stated that the purpose of the Committee at the time of reviewing the Ordinance was to find a way to protect the residential neighborhoods and still provide an ar'ea for multiple family dwelling units. Further, Loso stated that the Chair of the Planning Commission was part of the Committee and should have reported back to the Commission. I Jim Graeve stated that he feels the City needs to be more creative when defining a family and then read aloud the definition from the census bureau. It reads as follows: . A family is any two or more related people living in a household." It is Graeve's opinion that if the definition of a family where changed, the Ordinance could be modified to allow homes to be rented to families only as defined by the Census Bureau. Kurt Schneider stated that over the past years the City has changed the Rental Ordinance and Zoning Ordinance making it difficult for landlords to purchase homes and convert them to rental properties. When the definition of a family was changed from 5 to 3 unrelated people it became difficult for landlords to cash fiow single family homes. The recent change of the Ordinance has now made it difficult for the resident who wants to rent their home on a short temn basis to persons other then student populations. Schneider stated that the current Ordinance allows all residential areas to rent a portion of their home. Ehlert stated that he would prefer to handle each rental request on a case by case basis. He stated that no two cases are the same and the Planning Commission can look at the integrity of each case using the Comprehensive Plan and Zoning Ordinance as a guideline. Loso disagreed with Ehlert and stated the City would be setting precedence and their decisions could be challenged as arbitrary and capricious. Loso stated that furthemnore, in 2000 the Council agreed to amend the Ordinance and that decision should be honored. The Commission should determine the best area for multiple family housing and request rezoning of that area as necessary . Ben Poepping stated it was his understanding the purpose of the meeting at this time was to review the request of Tim Borresch and find a way to allow that property to be rented to a family. As far as protecting neighborhoods from rental properties, Poepping stated they have already I Page 3S42 January 17, 2001 I seen rental units in Pond View Ridge as the parents of students purchase homes for them to live in while attending school. Jim Hardwick stated it is his opinion that the Planning Commission should review the zoning of the entire City. It is his understanding that neighborhoods such as Ash Street have been saturated with rental units due to a lack of establishing an area for rental units. The Planning Commission should investigate the amount of present housing stock that is rental and how much should the City have. Mike Deutz stated it is his opinion that rental units belong adjacent to the College of St. Benedict in the downtown area. Allowing rental in this area would be least disruptive to the long term residents of the City. He too concurred the Planning Commission and City Council should review the Comprehensive Plan as he, Carlson and Ehiert have discussed this in the past. Kalinowski concurred with Utsch and stated she too would like to review all the zoning in the City and look at alternatives to include the possibility of creating an additional zoning district. Two of the current Planning Commission members were part of the Housing Committee and can provide the Commission with the needed information. Carlson stated that as Ehlert and Deutz mentioned, the Comprehensive Plan needs to updated the same time zoning is reviewed. There are some funding options available to assist the City with the cost of review and revisions to the Comprehensive Plan, Loso stated in the past the APO has provided such assistance. I Loso made a motion instructing the Planning Commission to review all the zoning classification in the City of 5t. Joseph, paying particular attention to R·3 Zoning and report back to the Council within 60 days. The motion was seconded by Ehlert and passed unanimously. Adiourn: Loso made a motion to adjourn at 9:05 p.m.; seconded by Ehlert and passed unanimously by those present. ~~~dy ÆJq~ Ju.~eyrens City Clerk/Administrator I