Loading...
HomeMy WebLinkAbout03.06.23March 6" , 2023 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, March 6th, 2023, at 6:OOPM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Adam Scepaniak, Bob Loso, Kelly Beniek City Representatives Present: Interim City Administrator Jeff O'Neill, Finance Director Lori Bartlett, Public Works Director Ryan Wensmann, City Clerk Kayla Klein, Community Development Director Nate Keller, Police Chief Dwight Pfannenstein, Fire Chief Jeff Taufen, City Engineer Randy Sabart Swearing in of Police Officer Madison Honer: Officer Madison Honer was sworn in by Mayor Schultz. Public Comments: Tim Borrresch, 113rdAve.NW. Borresch shared his concerns regarding properties within the `City who do not shovel their sidewalks. He noted there is a section of sidewalk in between 3rd avenue and 2"d avenue that has not been shoveled all winter creating a hazard and making it impossible to, use the sidewalk. Borresch also shared some residents leave their garbage or recycling containers out for weeks creating a nuisance when the container spills creating loose and flying refuse. Borresch owns two properties in that area, it is hard to enforce his tenants to shovel and bring in the refuse containers when others are not. Borresch inquired about who is responsible or who could be responsible for issuing citations for failing to clear sidewalks and keeping neighborhoods clean. Borresch also: wanted to note that alley between 3'd and 2°d is a public right of way, however, parking in the alley and parking in the grass is illegal and he would like to see no parking signs put up in the alley before ball season starts._ Approve Agenda: Loso motioned to approve the agenda; seconded by Kluesner and passed unanimously by those present. Consent Agenda: Loso made a motion to approve the consent agenda; seconded by Kluesner and passed unanimously by those present. Consent Agenda: a. Minutes —Requested Action: Approve the minutes of February 21, 2022. b. Bills Payable — Requested Action: Approve Check Numbers 060161-060243, Account Payable EFT #002137-002140; Payroll EFT #112360-112365; Regular Pay Period 4. c. Consideration of Approval of Mn Home Improvements Variance Extension Request — Requested Action: Approve Resolution 2023-008 Extending Variance Approval for City Council Resolutions 2021-018, 2021-019, 2021-020. d. Firefighter Hire — Requested Action: Approve the hire of Jeremy Welters and Joshua Wilkins as firefighters for the St. Joseph Fire Department. Consideration of Easement Vacation Requests and approval of the Northland Business Center Third Addition Preliminary and Final Plat Request: Keller provided an overview of the request submitted by CLC Partners to vacate interior easements and approval preliminary and final plat for Northland Business Center Third Addition. Four Jots are being consolidated -into one, creating a 15:77=acre lot: OMlots do require final platting before they are built on. A Development Agreement (DA) is required with the plat.; Previously, when the development was envisioned, Outlot E could have been subdivided into approximately six properties which would have been accessed off of 24th avenue. Since this is a consolidation with access already provided including utilities the intent of the DA has shifted. Now, the improvement on 24th Avenue NE from Jasmine Lane to Trobec's can be delayed. Staff has worked with the attorney to draft language in the DA to reflect the change which would shift the responsibility of the future 24th Avenue NE from the time of plat and developer to adjacent property owners at the time of assessment. Keller also noted that within the DA there is a stormwater development fee. Typically, this is paid at the time of the DA being executed and prior to the plat being recorded. Our ordinance does have an allowance for stormwater credits to be given, those credits can help offset that total fee amount and since those credits will be unknown until the site plan goes through and is under review, that payment has been shifted to occur at the time of site plan review. Keller shared there were no public comments regarding this matter at the Planning Commission -meeting held on February 13th, 2023. The Planning; Commission voted 6-0 in favor of the vacation and platting request. March 61h , 2023 Page 2 of 4 Schultz asked staff how drainage will be handled for this lot. Sabart informed the Council, currently public drainage on 21 st is handled in the streets so we are managing right of way drainage on 21 st Avenue NE, this system also has capacity to handle drainage from that lot. On the 24th Avenue side of the lot, although, staff hasn't seen the site plan yet, it is staff's understanding there will be on -site stormwater management for that development. Loso motioned to approve resolution 2023-009 to vacate interior easements within Northland Business Center, resolution 2023-010 to vacate interior easements within Northland Business Center Second Addition, and Preliminary and Final Plat resolution 2023-011 for Northland Business Center Third Addition which includes approval of the Development Agreement; seconded by Kluesner and passed unanimously. Consideration of Request for an Extension for Demolition of Property Located at 13 2°d Ave NW: Keller shared with the Council a request has been made by the owner of the property at 13 2"d Ave NW for an extension regarding the demolition date due to weather. The current court order requires the owner to: • Complete all repairs within 60 day (by Monday April 24th) and obtain building permit within 10 days. • Demolish building within 30 days (by Saturday March 25) and obtain demo permit within 10 days. Keller informed the Council the City may solicit quotes to demo the building. Those costs would be charged/billed to the property owner and could be collected via assessing the property; however, the owner may contest the assessment. Loso motioned to approve grantingextension of required demolition from Saturday, March 25th to April 30th, 2023; seconded by Kluesner and passed unanimously. Consideration of Approval of Resolution 2023-012 Adopting Enforcement Approach on Nuisance Violations: O'Neill shared with the Council large crowd gatherings have been a topic of conversation and a general concern of the community for some time. This matter was recently discussed at a Council workshop which set the stage for staff to present a resolution which outlines the Council's position, sense of concern and the actions to be taken in the future to try to prevent situations and recoup Public Safety resources that occur with large crowd gatherings. Should Council move forward with adoption of this resolution and adopt the associated ordinances, the City will take initiative to inform and educate those parties that might be involved with large crowd gatherings. Police Chief Pfannenstein reiterated O'Neill's statement. In no way is the City trying to limit residents from enjoying their property, however, when their activity or gathering becomes so large and disruptive that on an evening when two officers are on duty that additional officers must be called in to manage a large crowd gathering is what the City is trying to prevent. Pfannenstein shared that landlords, renters, and property owners who do may not have a rental license will be educated regarding the new approach and enforcement of nuisance violations. Dege informed the Council, the City could establish a minimum penalty of $250 and cap it at $2500. Dege would also like to see a warning issued before a penalty. Councilman Kluesner shared that he would prefer to offer the individual/s the right to appeal versus issuing a warning. Beniek, Scepaniak and Pfannenstein agreed with Kluesner that a penalty should be issued upon first offense. Dege shared that process would be defensible provided the City does a good job educating. Dege asked for the Councils opinion regarding the fine, whether there should be a cap or if restitution should be based on police response. Scepaniak shared that he would prefer to see the restitution based on police response. Schultz asked Dege if there will be provisions that provide revocation or penalties of rental licenses, he also wanted to know if the license could be revoked immediately as part of the citation. Dege shared that if there is an incident the City may suspend or revoke the rental license however, they do have the opportunity to appeal to the council. Dege informed the Council that a letter would need to go out the next business day after the event informing the landlord there is going to be some form or suspension or revocation of their rental license and give the landlord the opportunity to appeal. Dege shared the Council would determine the suspension. Landlords could reapply for rental licensing after their suspension or revocation at which time, Council could take prior offenses into consideration. March 01', 2023 Page 3 of 4 Kluesner asked Staff what the educational plan to communicate the new enforcement of nuisance violations will be. O'Neill informed the Council that the City Clerk will advertise/educate residents via the City's website, Newsletter, Facebook, The Newsleader, and an introductory press release. Pfannenstein will speak directly with landlords whose properties may get into these situations. CSB/SJU are also planning to speak with tenants to make them aware of the changes. Keller shared there will be a mailing to those who hold a rental license to notify them of the new resolution. Loso motioned to Adopt Resolution 2023-012; seconded by Scepaniak and passed unanimously. Discussion on Rental Fees for City Facilities for Non-profit Organizations Klein shared with the Council there are currently eleven non-profit organizations whom the City waives rental fees for. These organizations still provide a damage deposit. Rental fees for the use of City facilities/parks include a $200 rental fee and $200 damage deposit, except for the Multi -Purpose; Room at City Hall. The rental fee for the Multi -Purpose Room is $150.00 with a $200 damage deposit. City Hall has received a request to have the rental fees waived for the Cub Scouts troop. Staff would like input from the Council regarding the Cub Scout reservation request as well as processing future non-profit facility reservations. Council and Staff discussed the length of time that the eleven non -profits have been using the facilities at no cost. It was established they have been receiving these facilities at no cost for more than 15 years. Klein found in 2008 there was a separation in rental fees. Non -profits and residents had a lower rate than a business or a for -profit. Schultz shared that the City has waived these fees as a "good neighbor policy" to these eleven non-profit organizations. O'Neill shared the purpose of asking for the rental fees is to offset staff time and maintenance costs. Council directed Staff to provide a list of entities whom have been charged to compare it to the current organizations whose rental fees are waived. Engineer Reports: None. Administrator Reports: • O'Neill shared with Council that he and Finance Director Bartlett will meet with Greg Gack Wednesday, March 18th at 3:OOPM regarding operations, design, and budget for the Community Center. • O'Neill informed the Council that the sales tax initiative missed the deadline, however, the Lobbyist noted it can be inserted as an amendment. The lobbyist feels the City should continue to pursue it, however, we may want to modify the request. O'Neill shared with the council the total project cost ($37.5M) exceeds the 20-year revenue potential ($20M) which may pose problems for acceptance by legislature. Originally Staff and Council recognized the gap but thought grants and other funding would enable completion of these projects in 20 years. As staff learns more, it may be the case that the City needs to show that all project costs are to be funded by the sales tax that can be generated in 20 years. Staff is looking for the Council to consider reviewing the four projects and determine which ones should be removed. ■ $15.5 m public safety facility ■ $11 m Community Center, phase 2 ■ $5m regional trail connections ■ $6m regional parks Schultz shared he would like to see the regional trail connections and the public safety facility projects removed. The regional trail connections project has a long way to go before the City would be ready to begin the project. Schultz would like to see the public safety facility introduced at a future bonding session. The Council concurred with what had been stated by Schultz. Schultz made a motion to remove the $15.5 million public safety facility allotment and $5 million regional trail connections allotment and rejacket it as an amendment to Community Center, Phase 2 and Regional Parks; seconded by Loso and passed unanimously. • SF 1806, the St. Joseph sewer main bond bill. One person may testify for the bill once it is scheduled. Schultz shared he will testify on March gth. March 6�' , 2023 Page 4 of 4 • O'Neill informed the Council about a congressional directed spending opportunity. He shared the Gateway Project and the Community Center may quality for funding consideration. Staff only found out about this opportunity last week. Applications are due March 10th. Unless Council directs otherwise, staff would like to attempt to apply through Klobuchar's office in the amount of $12M for the Community Center. Staff would also like to apply through Congressman Emmer's Office for $12M to fund the Gateway sanitary sewer and lift station. Mayor and Council Reports: Schultz shared he was at the LMC this past week, they are working on re - branding the mayor's association. He was also in Alexandria on March 4th and 5th attending the elected learning institute, he took part in the advanced section; Kluesner attended the newly elected session. He met with CSB/SJU regarding the nuisance ordinance and received their approval. Day at the Capital is March gth, Schultz has meetings scheduled with Putnam, Demuth, and Perryman. Admiourn: Kluesner made a motion to adjourn at 7:11PM; seconded by Scepaniak and passed u nimously. ( _ V� Kayla lein City Clerk