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HomeMy WebLinkAbout2012 [02] Feb 16 February 16, 2012 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 Thursday, February 16, 2012 at 7:00 PM in the St. Joseph City Hall, opening with the Pledge of Allegiance. Members Present: Mayor Rick Schultz. Council members Renee Symanietz, Dale Wick, Bob Loso and Steve Frank. Administrator Judy Weyrens. City Representatives Present: Finance Director Lori Bartlett, Police Chief Pete Jansky, Public Works Director Terry Thene, City Engineer Randy Sabart, EDA Director Cynthia Smith - Strack, Prosecuting Attorney Matt Staehling. Others Present: Talezia Calloway, Stephanie Dickrell, Tom Klein. PUBLIC COMMENTS No one present wished to speak. Approve Agenda: Symanietz made a motion to approve the agenda with the deletion of item 7(b), parking pads. The motion was seconded by Loso and passed unanimously. Consent Agenda: Loso made a motion to approve the consent agenda as follows: a. Minutes — Approve the minutes of February 2 and February 6, 2012. b. Bills Payable — Approve check numbers 045041 — 045088, payroll EFT #000639 — 000643 and accounts payable EFT #001566 — 001567. c. Treasurer's Report — Accept the January 2012 Treasurer's Report and Cash position. d. Variance — Grant a 10 foot front yard variance to McMullen Properties to allow for an addition. The motion was seconded by Wick. Discussion: Wick clarified that if an ad -hoc committee is not a sub - committee of the Council and as such is not compensable, does not fall under open meeting laws and does not use city resources. The motion carried unanimously. Matt Staehling, City Prosecuting Attorney. Weyrens stated that the Council previously authorized the issuance of administrative citations for non - traffic violations. At the same time the Council amended Ordinance 14 to provide a process for those wishing to appeal an administrative citation. If an individual opted to contest or appeal the administrative citation, the police department would dismiss the administrative ticket and issue a State citation that would be processed through the court system. Since that time the City has appointed the City of St. Cloud as the prosecuting attorney and the services they provide include an appeal process that does not go through the court system. The proposed Ordinance in front of the Council at this time is a combination of the City of Sartell and City of St. Cloud Ordinance. Matt Staehling, City prosecuting attorney approached the Council to discuss the proposed Ordinance Amendment. Staehling stated that the proposed Ordinance is an expansion of the current Ordinance. The City of St. Cloud has opted to use and administrative appeal process as enforcement of City Ordinance is not high on the Courts priorities and St. Cloud has determined that administrative appeal process is an effective method for correcting and gaining compliance for property relating offenses. Staehling stated that all Ordinance violations are applicable to the administrative hearing process. In addition to identifying the appeal process, the Ordinance specifies who has the authority to issue administrative citations as in some Cities the Building Official and Fire Marshall have authority to issue citations in addition to the police department. Loso questioned what happens if individuals don't pay their citations as so may feel that ticket does not have merit. Staehling stated that property fines can be assessed against the property or the City can use the service of a collection agency or use the revenue capture program offered by the State of Minnesota. February 16, 2012 Page 2 of 4 Staehling stated that it is his experience that the majority of fines are paid or resolved through the administrative process. When questioned about the cost of the hearing, Staehling stated a deposit is required to offset the cost of the hearing officer, which is $ 125 per hour. For efficiency and cost effectiveness, his staff groups hearings. Steve Frank asked Staehling how he would respond to the criticism that Cities are using Administrative citations as a means of raising revenue. Staehling stated that the issuance of administrative citations is not a money maker; rather it is an effective manner to enforce nuisance and neighborhood ordinances. Frank questioned if speeding is cited through the administrative process, if it will appear on their record. He stated that he is concerned about public safety. Weyrens clarified that the City does not utilize administrative citations for traffic. Staehling added that in the event of a public safety matter, the City can follow through with enforcement and issue escalating fines until compliance is achieved. Frank stated that the proposed Ordinance includes a mediation process and he questioned what is involved in that process. Staehling stated that mediation is a process for conflict resolution which is conducted by one of the attorney's in the office. Typically it involves discussion the citation as the person is looking for a greater understanding. If the individual is not satisfied at this level, it would proceed to the hearing officer. The City has retained the services of two attorneys who serve as the hearing officer. They are not representatives of the City of St. Cloud and act independently. Frank stated that o him the term mediation is more formal; staff agreed to change the language. Wick made a motion amending Ordinance 14, authorizing the Mayor and Administrator to execute resolution 2012 -003; seconded by Symanietz and passed unanimously Wick made a motion authorizing the Mayor and Administrator to execute resolution 2012 -004 authorizing the summary publication of Ordinance 14. The motion was seconded by Loso and passed unanimously. Social Host Ordinance — Weyrens stated the City Council in the past has discussed the possible adoption of a Social Host Ordinance and since the City of St. Cloud has implemented such an Ordinance, Staehling can provide the background and effectiveness. Staehling stated that for St. Cloud the Social Host Ordinance has been the closed thing to a sliver bullet for curtailing drinking and noise. Since the adoption of the Ordinance St. Cloud has drastically reduced the number of violations. The administration at SCSU has educated the students with the impact if they are the recipient of such a violation. The Ordinance holds the person who owns the home or the tenants that responsible for any drinking or neighborhood violations. The Ordinance violation charges those present or the owner responsible if they knew or should have known that an illegal activity could occur. When a social host violation occurs, it typically starts as a noise violation and alcohol violations are secondary. Social Host violations are processed through district court and the court has taken the offenses seriously and these violations are attached to individual records. Symanietz questioned if parents can be charged if they are not at home at the time of the party. Staehling stated that parents are only charged if evidence supports that the parents knew or should have known about the party. When questioned on the complexity of the ordinance language, Staehling stated that the Ordinance is only three or four paragraphs and is considered a nuisance ordinance with a maximum of $ 1,000. Frank questioned how the City of St. Cloud monitors noise violations to which Staehling stated that if the officer can hear the noise from fifty feet it is considered a violation. EDA Annual Report — EDA Director Cynthia Smith - Strack presented the Council with the 2011 Annual report. She stated the mission of the EDA is to provide a professional municipal economic development program that assists industrial and commercial development activities which minimize impacts to the environment, transportation system, municipal water /sewer use, and financial resources for the City of St. Joseph. February 16, 2012 Page 3 of 4 Highlights of the report included: • Identification of Board Members and meetings conducted during 2011 • The Core functions of the EDA include: Organizational development, Business development, Infrastructure development and Market development. • Market value and tax capacity composition and historical review • A summary of current St. Joseph economic indicators to include unemployment rate, employment data, wage•data, new home construction for 2011, housing vacancy rates, sales and use data, and population and household data. • Highlights of EDA activity for 2011 to include: Participation with East Central Regional Development Commission and CEDS grant request, response to impact of residency requirements for CSB /SJU, enhanced the website, development of window clings, finalization of professional plat, completion of master plan for CSAH 2 development, implement new programs for re- development, responded to inquiries for 27 existing and 13 new prospects, and continued to work on the revitalization of the downtown. • Presented a summary of goals for 2012 to include: extension of infrastructure system, manage response to CSB /SJU residency requirements, market St. Joseph within greater MN, investigate and pursue proactive measures to secure and provide shovel ready sites, continue to work with the property owners along CSAH 2, implement capital improvement projects, respond to inquiries, continue downtown redevelopment initiatives, present updates to the public, examine the development process, and create a marketing concept. Schultz question the marketing efforts identified in the goals to compensate for not being part of the Greater St. Cloud Corporation. Wick stated that it is because of the absence of the Partnership that the EDA set aside fund for marketing. Schultz discussed branding and how the image on the window clings used by the EDA relate to the skyline that is used for the stationary and City products. Wick stated that the EDA will be working on the branding for 2012. Smith - Strack stated the window clings were developed to help educate the public of the successes of the EDA. Schultz questioned if the EDA reviews what he refers to as "winners /losers ". If the EDA is working with a prospect, and they opt for another community, are the reasons for not selecting St. Joseph reviewed? He sees this as a valuable tool. He further stated that he sees the downtown re- development as an important piece of economy and future for St. Joseph and would like to see how the EDA can help with items such as street scape, power line relocation and parking. Smith - Strack stated that the City does have some funding set aside and it is a goal of the EDA. Loso made a motion to accept the 2011 Annual EDA Report as presented; seconded by Wick and passed unanimously. Administrator Reports Architectural Services: Weyrens reported that the facilities committee interviewed three architectural firms, Hagemeister Mack, GLT and Niegen. All three firms used the existing facility and expanded the building adding space for growth. The Community center in all proposals was on the northern edge of the property. Wick and Symanietz stated that they serve on the committee and it was unanimous decision to recommend the City enter in an agreement for architectural services with Hagemeister Mack. City Engineer Randy Sabart stated that the City may to narrow the initial contract to schematic design. Loso made a motion authorizing staff to negotiate a contract for architectural services for the development of a City campus, bringing the final contract back for approval. The motion was seconded by Wick and passed unanimously. EDA Resolution: Wick reported that as requested by the City Council the EDA discussed the membership provisions in the Enabling Ordinance and whether modifications are necessary. The EDA is recommending the City Council conduct a public hearing to consider amending the Enabling Ordinance to include a provision that requires members of the EDA to live, work, or own property in the City of St. Joseph. Weyrens stated that alternative language could be included that when a member no longer February 16, 2012 Page 4 of 4 meets the requirements, resignation would be required. The Council agreed to consider an amendment to the Enabling Ordinance, but not include proposed language in the notice of hearing. Loso made a motion to conduct a public hearing on section 2.03 of the 1996 EDA Enabling Ordinance for the purpose of clarifying membership requirements. The motion was seconded by Symanietz. Discussion: Loso stated that while he supports conducting a public hearing, he would encourage any amendments to be effective in calendar year 2013. Lobbyist, Sales Tax: Weyrens reported that reported that previously the Council approved the hiring of a lobbyist for the local half cent sales tax extension with the condition that all six Cities participate and the total cost of the contract does not exceed $ 10,000. Weyrens stated that the City of St. Cloud has decided not to participate; therefore the remaining Cities are requesting St. Joseph to reconsider. The additional cost to the City is $ 333.00. Feedback received from the League of MN Cities and some of the local legislators indicate that the legislation to extend the sales tax may be a difficult task. In fact, legislators such as Steve Gottwalt question what cities need the funding for and how it will be used. In addition, some legislators have opted not to author the legislation. Loso stated objection to the hiring of a lobbyist and questioned how the expenditure will be funded. Finance Director Bartlett stated that the expenditure can came from the reserves or funds not expended for the open administrative position. Weyrens stated that a third option would be utilization of the principal stock. Wick made a motion authoring participation in the lobbying efforts for the local one half cent sales tax extension, utilizing the services of Flarhety and Hood. The motion was seconded by Symanietz. Ayes: Schultz, Wick, Symanietz, Frank Nays: Loso Motion Carried 4:1:0 Council Reports FRANK — No Report LOSO - Due to the lack of snow, Loso made a motion to lift the winter parking ban. The motion died to lack of a second. WICK — No Report SYMANIETZ — Reported that she attended the APO Executive meeting on behalf of Mayor Schultz and she continues to lobby for Wobegon Trail Funding. Mayor Reports Joint Planning: Schultz reported that the Joint Planning Board will be reviewing and adopting protocol for conducting meetings and requirements /processes for land use requests. Adjourn: Wick made a motion to adjourn at 9:00 PM; seconded by Frank and passed unanimously. 6` Ley ...06 J eyrens • strator