HomeMy WebLinkAbout2017 [11] Nov 06 November 6, 2017
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Monday, November 6, 2017 at 6:00 PM at the St. Joseph Government Center, opening with the
pledge of allegiance.
Members Present: Mayor Rick Schultz, Councilors Dale Wick,Troy Goracke, Matt Killam, Administrator
Judy Weyrens.
Members Absent: Bob Loso
Others Present: Michael Ross, Steve Erlander, Thomas Schuller, LouAnn Schuller, Mary Steenberge,
Joan Thralow, Mark Soennecker, Dave Demars, Cory Ehlert.
Citv Representatives Present: City Engineer Randy Sabart, Public Works Director Terry Thene,
Community Development Director Therese Haffner
Public Comments:
Thomas Schuller, 320 Lanigan Way SE: Schuller questioned whether the Conditional Use Permit had
been approved already. Schuller stated he does not approve of the proposed Conditional Use as it
changes the character of the neighborhood. Schuller wants to know what steps need to be taken in order
to amend city ordinances.
Joan Tralow, 501 Lanigan Way SE: Tralow stated she loves the neighborhood as it is and is concerned
with properties in the neighborhood changing to rental properties.
Carol Clement, 507 Lanigan Way SE: Clement approached the Council opposed to the Conditional Use
Permit Request. Clement asked for clarification on the rental ordinances in the City as she has heard that
houses cannot be rented in the City. Clement also stated she is upset with the public hearing process
and that she had not received a public hearing notice in a timely manner as it was sent to an incorrect
address.
Weyrens responded that the abi►ity to secure a rental�icense varies based on the zoning district
for which the property is located within. In an R1, Sing/e Family district rental is allowed provided the
owner resides at the residence. A provision is included in the Ordinance that a non-owner occupied
rental can occur if the property is in the process of selling;however that provision only allows for a two
year renta/period. In an R4 Zoning District property owners can secure a license for non-owner occupied
provided the tenants are 55 or older. Weyrens clarified fhat the P/anning Commission is charged with
conducting public hearings for/and use matters, forwarding a recommendation to the City Council. They
serve advisory to the Council. According to MN Statute, once a public hearing is closed, additiona�
testimony is only permitfed if it is new testimony that was not availab/e at the time of the public hearing.
With regard to the hearing notices, the addressed used were those provided through Stearns County, as
they keep the tax records.
LouAnn Schu�ler, 32D Lanigan Way SE: Schuller stated the rental of the home opens up the possibility of
future homes in the neighborhood being used as rentals and she is opposed to the Conditional Use
Permit as presented.
Approve Aqenda: Wick made a motion to approve the agenda with the addition of 8e, MOU
Agreement and 8f, Refuse Contract.The motion was seconded by Killam and passed unanimously
by those present.
Consent Aqenda: Wick made a motion to approve the consent agenda as follows; seconded by
Goracke and passed unanimously.
a. Minutes—Approved the minutes of October 24, 2017.
b. Bills Payable—Approved check numbers 052699-052745, Payroll EFT#001420-001425.
c. Application for Payment No. 2—Approved application for payment no. 2 for the 2017 Alley
Improvements and authorized payment to C&L Excavating in the amount of$28,773.27.
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d. Application for Payment No. 9—Approved application for payment no.9 for the 2016 Field Street
Improvements and authorized payment to Douglas-Kerr Underground, LLC in the amount of
$5,443.64.
e. Millstream Park Shelter, Draw No. 5—Approved payment for the contractors listed in Draw#5 for
the MiNstream Park Shelter Project in the amount of$108,971.02.
f. Gambling Permits—Authorized the Mayor and Administrator to execute Resolution 2017-057 and
Resolution 2017-058 Approving the Applications to Conduct Off-Site Gambling for the St.Joseph
Lions.
Conditional Use Permit(CUP), 329 Laniqan Wav SE: Weyrens presented the Council with the Planning
Commission recommendation regarding issuance of a CUP to allow a non-owner occupied rental at 329
Lanigan Way SE. The City became aware that the aforementioned property was in the process of being
rented; therefore a compliance notice was mailed and the property owner requesting they submit the
necessary applications to secure a rental license. Upon notification, the property owners submitted the
necessary materials to apply for a Conditional Use Permif.
Weyrens stated that while opposition has been heard regarding the issuance of the CUP, the Ordinance
identifies non-owner occupied rental as a conditional use. The Ordinances list a set of criteria that must
be meet and unless there are findings that are contrary to the Ordinance the use is permitted. The City
has the ability to place restrictions on the CUP; however, once issued, it does stay with the property.
Wick stated that the application and proposed use of the property is legal and abides by City Ordinances;
therefore, the Council does not have grounds to deny it. Goracke questioned when the R4 Ordinance was
developed. Weyrens stated it was created in 2006-2007 and it was a process that took a couple of years
to complete. The purpose of the R4 Townhome/Patio Home Ordinance was to provide another type of
housing in St. Joseph. The R4 Ordinance was established for patio homes/townhomes and included a
smaller lot size. At the time of the Ordinance development the City had received some concerns that St.
Joseph lacked housing for seniors with the only option apartment buildings. Developing the R4
Ordinance allowed the City to create patio homes and limit rental to those over 55, meeting the demands
requested of the City.
Schultz verified that residents must be 55 and older and questioned how that provision will be enforced.
Weyrens stated that when the rental license is renewed each year, the property owner will be required to
provide evidence that the property owner meets tf�e qualifications.
Wick made a motion authorizing the Mayor and Administrator to execute Resolution 2017-059
adopting Findings of Fact and granting a Conditional Use Permit to allow a non-owner occupied
residential rental license for 329 Lanigan Way SE.The motion was seconded by Schultr and
passed unanimously by those present.
Citv Enqineer Reports, Bid Results: Sabart reported that bids were opened for the Water Treatment Plant
No. 1 Improvements. Eight bids were received with the low apparent bidder being MN Mechanical
Solutions in the amount of$166,523.00.At this time staff is still reviewing the responsibility of the low
bidder and awarding of the bid will be brought back at a later council meeting.
Committee Uadates, Park Board: Killam reported the Park Board will be hosting a grand opening for the
Millstream Pavilion on November 27'h at 6 PM.The Lions will be involved with the opening as well.The
Park Board also discussed the dog park usage and the proposed development of East Park. Killam
added that Park Board Chair John Anderson will be coming to a Council meeting next month to discuss
future goals.
Administrator Reports, Stearns Countv Proposed Ordinance:Weyrens stated the City was made aware of
a proposed Stearns County Land Use Amendment whereby limited manufacturing would be added as a
use in agricultural zoning districts though the issuance of a Conditional Use Permit. The amendment is
concerning as cities invest a considerable amount of resources in creating industrial areas by extending
infrastructure. Developing in rural areas is less costly, making it more attractive to some businesses. The
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Stearns County Commissioners will be conducting a public hearing on the proposed Ordinance
Amendment on November 14, 2017 at 10:00 AM. In discussing the matter with some of the area
administrators it was the consensus to request the respective City Councils to authorize the drafting of a
letter objecting to the proposed amendment and to have representation at the public hearing.
Wick and Schultz concurred that the Ordinance seems problematic and supports the efforts to
recommend the Stearns County Commissioners deny the proposed amendment. Wick made a motion
authorizing staff to draft a letter of opposition to the proposed amendment to Stearns County
Ordinance 439.The motion was seconded by Goracke and passed unanimously by those present.
Administrator Reports, Leqislative Priorities:Annually the area cities prepare a list of legislative priorities
to assist with lobbying legislators when the session begins. St. Joseph has three bonding requests for
consideration in the 2018 session: The Jacob Wetterling Recreation Center, CR 75 Pedestrian Crossing,
and East Park Development.
Wick stated that each city has their priorities and that some may not agree with others. However, the
resolution is a regional document that Wick supports.
Wick made a motion authorizing the Mayor to execute the Joint Resolution of Legislative Priorities
for the 2018 session.The motion was seconded by Killam and passed unanimously by those
present.
Administrator Reports, Ordinance Violation—Fine Structure:Weyrens stated staff has been reviewing
fees and fines for Ord'+nance infractions.The current matrix was created in 2010. Secondly, an
amendment to the parking ticket fees is being proposed to condense the collection schedule.
By consensus, the Council requested staff to bring back a more formal request illustrating the proposed
ordinance violation changes.
Schultz made a motion amending the fee schedule for parking tickets replacing it with the
following: $20.00 initial ticket; $60.00 after 10 days; $90.00 after 20 days; $120.00 Revenue
Recapture after 30 days. The motion was seconded by Wick and passed unanimously by those
present.
Administrator Reports, Stearns Countv Assessor Acareement: Weyrens presented the Council with a
proposed agreement with Stearns County whereby the Stearns County Assessor would fulfill the
responsibility of the Board of Equalization and Appeals. The City has utilized Stearns County for this role
for the past six years, executing two three year contracts. Functioning as the Board of Equalization and
Review, Stearns County staff conducts an open book meeting each year affording residents the
opportunity to question their assigned market valuation. This process has served the City well and
Weyrens recommended the Council execute a three year contract for service years 2018, 2-19 and 2020.
Wick made a motion for the City to enter into a three year agreement with Stearns County,
transferring the responsibility of the Board of Appeals and Equalization to Stearns County.The
motion was seconded by Killam and passed unanimously by those present.
MOU Aareement:Weyrens stated that some confusion has arisen regarding processing administrative
subdivisions. During the Memorandum of Understanding (MOU)review process the City and Township
discussed removing the provision that required Joint Planning Board for administrative lot splits. The
MOU is more restrictive than the MOU and the regulating Stearns County Ordinance aflows staff to review
and approve administrative lot splits. The provision was inadvertently left in the MOU and Weyresn
questioned the Council on their understanding. The Council concurred that it was their understanding
that the administrative lot split requirements was to be removed from the MOU and they would be
processed by the Zoning Administrator.
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Schultr made a motion to clarify the language in the MOU Agreement to include that
administrative lot splits do not require a public hearing and they were intended to be removed
from the MOU with the Zoning Administrator approving minor subdivisions(lot split).The motion
was seconded by Wick and passed unanimously by those present.
Refuse Contract:Weyrens stated that recently a resident questioned the rationale for providing two week
clean up opportunities in spring and in fall. This resident indicated that he has seen considerable abuse
of people hauling in refuse which is not the intent. Weyrens stated that she contacted the refuse hauler
inquiring the annuaf contract cost if the annual cleanups were limited to one week in spring and one week
in fall, to which they stated it would reduce the rate by .25%.
Wick stated that it is his opinion that whether the pickup is one week or two, abuse will still occur. He
appreciates that if he misses one week he still has another opportunity. He also indicated that the
decreased rate for reducing does not seem incentive to change and residents have come to expect two
weeks. Schultz concurred and stated that if the service is reduced to one week it needs to be established
so that the students can clean out the rental homes.
Goracke made a motion authorizing the Mayor and Administrator to execute the three year refuse
contract with Republic Services to include one pick up in the fall and one pickup in the spring
rather than the current two in spring and fall. The rates witi increase 2.50% in 2018 and 2.75 in
each 2019 and 2020. The motion was seconded by Killam.
Aye: Killam, Schultr, Goracke
Nay: Wick Motion Carried: 3:1
Adiourn: Killam made a motion to adjourn at 6:44 PM; seconded by Schultz and passed
unanimously by those present.
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Judy Weyfens -
Adtninistrator