HomeMy WebLinkAbout[04a] Minutes November 20, 2012
Page 1 of 5
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session
on Tuesday, November 20, 2012 at 6:00 PM in the St. Joseph City Hall, opening the meeting with the
Pledge of Allegiance.
Members Present: Mayor Rick Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso
and City Administrator Judy Weyrens
City Representatives Present: City Finance Director Lori Bartlett, Police Chief Pete Jansky and Public
Works Director Terry Thene
2013 Budget: Weyrens stated that the purpose of the meeting is to continue discussion the general fund
budget both operating and capital projects. With regard to capital projects, the City Engineer and Public
Works Director have reviewed needed improvements and have prioritized the following projects for the
next three calendar years:
2013 Proposed Capital Improvement Projects
CSAH 75 Sewer Line $ 409,000 2013 Debt $ 1,634,000
Main Lift Station 550,000
Park Terrace-Design, Hearings 125,000 Revenue Sources
Street Overlay 240,000 Assessments
Street Overlay-Baker/7th 140,000 Water/Sewer Revenue
St Cloud SIS Phase IV 674,000 MSA Funding
Equipment Certificate 295,000" Debt Reserve and Tax Levy
2014 Proposed Capital Improvement Projects
Water Tower Repairs $ 535,000 01'.4 Debt $ 3,134,000
Northland Drive 374,000
Park Terrace-Constdclion 2,100,000 Revenue Sources
Assessments, Tax Levy,
Water/Sewer Revenue, MSA
2015 Proposed Capitat Improvement Projects
Street Improvement,; linton 350,000 2015 Debt $ 832,000
Street Improvement, Northland ea 232,000
Equipment Certificate !,�' °;� 250,000 Revenue Sources
Assessment, Tax Levy
Water Sewer Revenue
Weyrens stated that during the years 2013 2015 the proposed capital improvement projects would add
an annual debt levy of approximately$326,000 and during the same period $ 175,000 in levies would be
expired. Therefore,the financial impact of the projects is an increase in levy of approximately$ 151,000.
Weyrens added that in the years 2017 and 2018 the City will have$ 238,000 in debt expiring, reducing
the overall impact of the capital projects. However, this does not account for additional projects such as
community center or economic development projects.
Loso questioned the proposed Park Terrace project and dates for completion. Weyrens stated that
logistically it would not be possible to construct the project in 2013 as the public improvement hearing
would have toe scheduled with the project ordered and designed. This process will take three to five
months. Once the project is ordered, and designed it will have to be bid and an assessment hearing will
take place. Due to the size and complexity of the project, it will take an entire season to construct so the
City would want to start as early in spring as possible. Therefore, staff is proposing to conduct all the
required hearings in 2013 as well as designing the project so that it could be bid in February 2014 with
construction following.
Frank questioned Sabart as to why the water tower improvements were moved to 2014 rather than 2013.
Sabart responded that during discussions with the Public Works Director, he feels that the main sewer
line under CR 75 is more urgent than the water tower and he concurs. The water tower has not shown
November 20, 2012
Page 2 of 5
additional signs of failure so waiting one more year will not be problematic. If the sewer line under CR 75
would fail, it would have significant impacts. In addition, if the City is considering expanding sewer
services to area near 1-94, the sewer line replacement would be required. Therefore, the sewer repair is
a phase one of the extension.
Weyrens stated the second part of the budget discussion is the operation portion. The Council must
approve a general fund levy by December 28 which relates to the expenditure budget. The preliminary
budget resulted in a tax capacity rate of 55.185%, an increase of 4.7096 from 2012.
Loso stated that he would like to reduce$ 250,000 from the general fund budget and set those funds
aside for debt relief. The City has a lot of debt and the growth many not provide the required revenue and
the City should be prepared and have funds set aside for such. Weyrens stated that the City does
currently have a debt service relief fund for this purpose. In addition, growth has been sustaining the debt
payments thus far. Loso stated that funds set aside could also be used for projects as currently the City
does not have readily available funds for projects and sooner or later the projects, such as Park Terrace,
will need to be completed.
Wick requested clarification on the budget line for Council dues as only$6,000 was budgeted yet$
22,000 was expended. Bartlett stated that she is in the process of placing all the Council memberships in
one line item. While the numbers look skewed, the memberships for 2012 did not exceed the budget
numbers.
Weyrens stated that the Council material included the information on the St. Cloud Street Light Utility
along with background information. If the City were to use the method that St. Cloud utilized, the setup
cost will be between $ 7,000 and$ 10,000 as the fee is based on acreage and all the parcels would have
be reviewed through GIS. Loso questioned if the setup fee could be included in the fee, to which
Weyrens responded yes. Symanietz questioned if the process to establish the utility would require a
public hearing to which Weyrens responded yes.
Weyrens stated the total City budget for Street Lighting is$51,000,and unlike St. Cloud, the only City
costs for street lighting is the purchase of power from a third party and capital costs. St. Cloud actually
generates electricity and has a significantly higher budget. It is difficult to determine the impact for
commercial or residential without completing some type of analysis of acreage. Weyrens stated that the
current storm water utility is calculated on acreage and it might be possible to generate broad impact.
Wick stated it would helpful to see the impact on commercial and residential before deciding to move
forward. Schultz stated that it is his opinion that the decision is whether or not to expend funds for the
setup fee, Changing the street light utility fees from taxation to utility provides for a proportionate sharing
of expenses regardless of tax classification.
Weyrens stated that,part of the budget for 2013 includes the issuance of an equipment certificate. While
the Council is not being asked to approve the equipment at this meeting, the items included on the
proposed list are not funded in the general fund budget. The first payment for the debt will occur in 2014.
Schultz questioned the proposed computer equipment and if the City has considered using offsite servers
such as NetGain. Weyrens stated that the City did solicit quotes before investing in the current servers
and it is not cost effective at that time. Schultz also questioned the future of the electronic storage
program LaserFiche and if plans are to change with the ability of the new website. Weyrens stated that
the City has a considerable investment in LaserFiche and she had not looked into the abilities of
CivicPlus. Schultz stated that he wants to make sure that the City is not investing in old technology.
Schultz questioned if the City will be reviewing the polling places or potential for new locations. Weyrens
stated that the next election will be in 2014 and the polling places will be reviewed. Funds have been set
aside for future expenditures for if and when the City adds a third precinct again. The City already has
the additional electronic tabulator and HVA machine but would need to purchase additional booths.
Schultz questioned the annual fee for participation in the St. Cloud Regional Human Rights Office and if
the City is receiving an equal benefit from participation. Wick stated that he has requested information in
November 20, 2012
Page 3 of 5
the past regarding budgets and audits and the City has not received a budget approved by the Joint
Powers Board. Schultz stated that St. Joseph is the only Area City that opted to participate and he would
be more willing to support of all the Cities participated. In tight budget years it is his opinion that the funds
could be better spent somewhere else. Loso made a motion to withdraw from the St. Cloud Regional
Human Rights Initiative; seconded by Schultz.
Ayes: Schultz, Wick, Loso, Frank
Nays: Symanietz Motion Carried 4:1
Frank questioned the proposed improvements to Clinton Village as the City has discussed the needed
improvement for the past couple of years and it keeps getting delayed. He has been talking to some of
the neighbors who need to complete maintenance on their driveway but do not want to complete the work
now only to have it removed in a couple of years. Thene stated that the project has not been reviewed for
construction plans and it is likely that the project will only be a mill and overlay and the curb will not be
disturbed or minimal curb if there are bad spots. Unfortunately until the project is designed and reviewed
it is not possible to indicate which curb sections will be impacted.
The Council discussed the debt impacts from the proposed projects and the large spike in levy
requirements for the year 2016. Weyrens stated that the spike is anticipated for one year and that could
be offset with debt service relief funds and levy. Frank questioned if the projected debt impacts
considered an increased bond rate. Bartlett responded that the rates have been increased one to two
percent. Frank questioned the assessment formulator Park Terrace and how it relates to the policy and
budget. Weyrens stated that the assessment revenue projected for the proposed projects has been
estimated conservatively at 25%. While the policy indicates 60%the amount that can be assessed is that
which is equal to the benefit.
The following is a summary of operating budget discussion items: r.
• Legislative bodies' budget of$ 6,300 includes all board and commissions with members earing $
35.00 per meeting.
• The City has not expended funds in the insurance category for the finance department as the
employee has alternative insurance for 2012.
• Cable Access budget includes funds for photography for the new website.
• Fees for the new website have been included in the budget
• Automotive service sin the thepOlicearea has increased as the lease vehicles no longer include fuel.
This has not been an increase to the budget as the lease price has dropped as well.
• The budget for 2012 is lower than the 2010 budget, but$ 180,000 higher than 2011 budget due
to reduced staffing and budget cuts.
Loso stated that the proposed budget includes hiring a full time officer in 2013 and he does not support
the additional personal and indicated that it should be removed from the budget. Jansky clarified that the
proposed budget includes hiring an officer in July. Schulz questioned Jansky what happens if the City
does or does not hire the officer. Jansky stated that if the officer is not hired, the City will continue to use
part time officers to cover,open shifts or for vacation. If the officer is hired, the Police Sergeant would
again be supervising employees and the he would have more flexibility in covering shifts for vacations
and holidays. In addition the City would reduce the part time officer hours.Jansky stated that the
department is running about 200 ICR's ahead of last year which represents a higher work load.
Frank made a motion to fund the full time officer for 2013 with an anticipated hiring date of July
2013 as is currently included in the preliminary budget. The motion was seconded by Wick.
Ayes: Wick, Frank, Symanietz
Nays: Loso Motion Carried 4:1
Loso questioned the membership to the St. Cloud Area Planning Organization(APO). He stated that he
is a member and on policy board and they've only met maybe three times this year(several cancellations)
Wick stated that he too questions sometimes the membership, but with the membership the City would
not have access to federal funding for transportation. Schultz stated that while does not disagree with
November 20, 2012
Page 4 of 5
Loso and Wick, the City needs to be a member for funding opportunities. The executive director of the
APO is aware of the concern of some of the member Cities and Executive Board will continue to discuss.
Loso questioned the existing equipment certificates and when they expire. Weyrens stated that the City
maintains two separate equipment certificates with one expiring in 2013 and the second in 2015. The
certificates are always for a five year period. The equipment certificates provide a mechanism for the City
to purchase needed equipment without spiking the budget.
In reviewing the proposed equipment for 2013, Loso questioned the need for a second front end loader at
a cost of$ 197,000. Thene clarified that the proposed equipment is new and includes a blade and wing.
He further stated that the staff can be more efficient plowing the streets with a loader than a stand plow
truck. Loso disagreed and stated that it is his opinion that the front end loader will end up like the road
grader, parked more than used. The Council questioned Thene if he considered used equipment to
which he responded not at this time.
Loso stated that he also does not support the gator and questions the need. Thene stated that the gator
would be used for watering the flowers and moving around town picking up garbage and odds and ends.
Frank stated that it is his opinion that workers are more efficient when they have good equipment. Loso
stated that the equipment could probably be rented for less than purchasing.
The proposed equipment certificate also includes surveillance equipment for the parks and upgrading the
computers. Loso stated that he does not support the surveillance equipment as it seems like a want and
not a need. He is looking for financial sustainability. Wick questioned the computer upgrade to which
Weyrens responded is replacing one server, upgrading workstations and LaserFiche. Loso questioned
the status of the Council going paperless. Weyrens stated that the City can use peg access fees for the
electronic devices for the Council and the Council would retrieve the information from the City website.
Wick questioned the possibility of Council members receiving City mails. Weyrens stated that the
League has come out on a position on this and she will check into the possibility. The City can purchase
users to add the Council if that is desired.
Adjourn: Wick made motion to adjourn at 7:30 PM;seconded by Frank and passed unanimously.
Judy Weyrens
Administrator
December 20,2012
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, December 20, 2013 in the St. Joseph City Hall,opening the meeting with the Pledge of
Allegiance.
Members Present: Mayor Rick Schultz, Councilors Dale Wick, Renee Symanietz, Steve Frank, Bob Loso
and City Administrator Judy Weyrens
City Representatives Present: City Finance Director Lori Bartlett, Police Chief Pete Jansky and Public
Works Director Terry Thene
Others Present:
PUBLIC COMMENTS—No one present wished to speak.
Approve of Agenda: Loso made a motion to approve the agenda removing consent agenda item (a)
minutes; the motion was seconded by Frank and passed unanimously by those present.
Consent Agenda: Wick made a motion to approve the Consent agenda as follows; seconded by
Symanietz and passed unanimously.
a. Removed �y
b. Bills Payable—Approved check numbers045948 046038, payroll EFT#000737-000746 and
accounts payable EFT#001595.
c. Treasurer Report—Accepted the November Tr curers Report.
d. Donations—Accepted the donations for the purposes stated.
e. Liquor Licenses—Issued20l3 Cigarette, Amusement and Malt Liquor Licenses.
f. Liquor License Transfer—Approved the liquor license transfer from St. Joseph Amoco Liquor
to Pequot Liquor LLC ,
g. Liability Insurance -Authorized the Administrator to execute the LMCIT Liability Coverage
Waiver Form,verifying that the City does not waive the monetary limits on tort liability
fry, yfrfr
Planning Commissions'' fyrens reported that the Planning Commission received the recommendation
of the R1 Rental Housing Committee regarding rental provisions in residential zoning districts. The
Committee has recommendadthe RIZoning Ordinance be amended to allow property owners who have
been trying to sell their home without success the opportunity to rent the home for a period of two years.
The recommendation includes issuingan Interim Use Permit if a property owner qualifies which includes
a public hearing and notification of the;adjoining property. The Committee was split on whether or not the
property owner could require an extension;of the Interim Use Permit beyond two years. The Committee
recommended that if the Council amends the Ordinance as recommended by the Committee, the
provision should be reviewed after 18 months to determine its effectiveness and market conditions.
Frank questioned the recommendation of the City Attorney, to which Weyrens stated that he
recommended utilizing an,Interim Use Permit with a sunset provision. He did not recommend allowing
permits to be renewed as their might not be an incentive for the property owner to sell their home or they
may opt to list the home at an unrealistic selling price, claiming the property is not selling.
The Council discussed the provision whereby the property owner is required to validate that they have
actively marketed and attempted to sell their home for three months. Weyrens stated the Committee
suggested that a brokerage agreement would have to be provided to illustrate the hardship. Schultz
stated that the Planning Commission has recommended the City Council move the amendment to the
public hearing stage to solicit public input.
Frank questioned procedurally what happens after the Planning Commission conducts the public hearing.
Weyrens stated that the Planning Commission will forward a recommendation to the City Council who will
in turn accept, reject or modify the recommendation. The Planning Commission is charged by Statute to
conduct the public hearing so when the matter comes to the Council it is not a hearing; rather Council
December 20,2012
Page 2 of 4
discussion. Frank questioned why the Council would refer the matter back to the housing committee after
18 months and why the Planning Commission or City Council is not conducting the review. He stated it is
his opinion that the Council over utilizes ad-hoc committees when boards and commissions are already in
place. Weyrens stated that the committee was conflicted on whether or not property owners should be
allowed to request an extension. Therefore, before the two year period ends the committee felt it that the
current economic conditions should be reviewed, including housing sale trends, utilization of the
provision, or should the provision be removed.
Frank questioned if the committee discussed implications if the property has ordinance compliance issues
such as noise. Schultz stated that it would be the same as any other rental license. They would be cited
for violation and the matter would come before the Council. The housing committee indicated that the
license renewal would be the same as all other licenses, reviewed each year.
Loso made a motion to request the Planning Commission conduct a public hearing on the
proposed amendment to allow for non-owner occupied rental license as recommended by the RI
Rental Housing Committee. The amendment would allow a property owner the opportunity to
apply for an Interim Use Permit if certain conditions are met and would be valid for two years. The
motion was seconded by Symanietz and passed unanimously.
Committee/Board Reports
EDA: Frank stated the EDA has been receiving favorable comments from those that have interacted with
the City, whether it is City staff or the EDA,Board. The EDA is in the process of completing the Business
Retention and Expansion Survey(BRE). The purpose of the`BRE is to identify strengths and weakness
of the City all in an effort to promote and retain business. With the information received thus far,whether
the business was small or large, there were no significant deficiencies. Wick added that the City Council
will receive the full BRE results in January. Schultz questioned Wick as to the status of the consultant
contract with Municipal Development Group(MDG). Wick stated that MDG has requested flexibility with
the contract hours to which the EDA agreed. He clarified that the EDA Boards manages the contract with
the City Council approving a budget for services.
Park Board: Loso reported that the Park Board met recently and discussed the Snow Town/Joe Town
winter recreation activity that is being planned for February 2013. The event will include a medallion hunt,
skating, sledding, and some type of food and wine tasting. The wine tasting will be provided by Coborn's
utilizing their MN Caterers license. Frank expressed appreciation to Archery Country for donating the
targets for the new archery range.
Administrator Reports
Sales Tax Extension: Weyrens reported that the Mayors and Administrators met recently to discuss lobby
services for the extension of the one-half cent regional sales tax. All the area Cities that are participants,
including St. Cloud, have come to the same conclusion that the best chance for success of the extension
is to utilize the services of a lobbyist. St. Cloud has agreed that due to the changes in representatives
and change of control of the legislature, a lobbyist should be retained. The Coalition of Greater MN Cities
has provided a cost proposal of$ 12,500 which is slightly higher than 2012. The Cities requested that the
Coalition consider keeping the cost at the 2012 fee, but they indicated that actually spent over$ 11,500
on the 2012 effort and the 2013 initiative will include more work; therefore, they cannot reduce the cost.
Loso stated that it is his opinion that a lobbyist is not needed and stated that the matter did not pass in
2012, so he does not support retaining a lobbyist. Schultz stated that the extension did pass the
legislature but was vetoed by the Governor. Schultz stated that the change in the makeup of the
legislature changes the effort that is needed. Frank stated that he is opposed to funding efforts such as
lobbying for one-half cent sales tax from the refuse fund and the City should look at either budgeting for
this service or add an administrative budget line item that could be used.
December 20, 2012
Page 3 of 4
Wick questioned if a portion of the lobbying services should not be included with the membership that is
paid by all the Cities. Schultz responded that the membership includes lobbying services that pertain to
the broad membership. The sales tax extension is for a specific segment of the membership. He further
stated that the initiative this time will require additional time and effort and is not a guarantee. Schultz
made a motion authorizing the utilization of Flaherty and Hood for lobbying services for the St.
Cloud Area Sales Tax Extension with the area total cost of$ 12,500. The fee will be divided
equally among the participating cities. The motion was seconded by Symanietz.
Ayes: Schultz,Wick, Symanietz, Frank
Nays: Loso Motion Carried 4:1:0
Performance Measures Survey: Weyrens reported that the Council opted to participate in the
Performance Measure Program as part of the budget process. The Performance Measure program
requires municipalities to survey the property owner on the effectiveness of programs and services
measuring 10 standards. The survey results must be completed and accepted by the Council no later
than December 31. As an incentive to solicit participation and encourage communication with residents,
the Statute provides a per capita reimbursement and for St.Joseph that amount is $ 914.76.
Weyrens stated that 30 responses received on the Performance Measured Survey which is slightly less
than 2011. The City placed an ad in the St. Joseph Newsleader and the survey tool was provided and
collected by the League of MN Cities through survey monkey. Loso suggests that we send out mailings
in future because not all residents'computers and the''City may reach a broader audience.
Wick made a motion to accept the survey results as reported by the League of MN Cities,
authorizing the Mayor and nu
authorizing execute resolution 2012-026. The motion was
seconded by Schultz and passed unanimously.,
Mayor rReports
Fire Relief: The St.Joseph Fire Relief Association Board met'recently and discussed the need to solicit
bids for firms to conduct their annual audit and prepare all annual reports.
APO: The January 24 APO meeting will include discussion on the Federal Transportation Planning
Grant.
City Council Reports
FRANK, Frank commended the street department for their snow removal efforts and providing for safe
roads. He questioned Public Works Director Terry Thene on the type of solution used for ice control and
why the movement from salt to sand. Thene responded that using salt is more effective for ice control
and reduces pollution in the storm water system. Frank stated that some communities have opted to use
a liquid form of salt and if the City will be converting at some point and if so what costs would be
anticipated. Thene stated that only Cities with major roads have converted and he does not see the City
converting for some time. As an alternative the City is currently using thaw rocks which is treated salt and
works well when temps are below zero
LOSO—No Report
WICK—No Report
SYMANITEZ—No Report
Adiourn: As the agenda was completed, Schultz adjourned the meeting at 7:40 PM.
Judy Weyrens
Administrator
December 20, 2012
Page 4 of 4
Fr
a.
* 3a is page tio � Pk
2
i
4
ty 2
January 3, 2013
Page 1 of 4
Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday,
January 3, 2013 at 7:00PM in the St. Joseph City Hall, opening the meeting with the Pledge of Allegiance.
Members Present: Mayor Rick Schultz, Councilors Renee Symanietz, Dale Wick, Steve Frank, Bob Loso
and City Administrator Judy Weyrens
City Representatives Present: Police Chief Pete Jansky, Public Works Director Terry Thene, Finance
Director Lori Bartlett.
Others Present: Matt Staehling
Oath of Office: Weyrens administered the Oath of Office to the following:
• Mayor—Rick Schultz
• Councilors—Bob Loso, Renee Symanietz
PUBLIC COMMENTS
Approval of the Agenda: Loso made a motion to approve the agenda as presented; seconded by
Wick and passed unanimously.
Consent Agenda:Wick made a motion to approve the consent agenda with minor corrections to the
Minutes of October 18, 2012; seconded by Symanietz and passed unanimously:
a. Minutes—Requested Action: Approve the minutes of October 18, November 1, and
November 15, 2012.
b. Bills Payable—Requested Action: Approve check numbers 046088-046165 payroll EFT#
000752-000759.
Ordinance Amendments: Weyrens stated that previously the City Council discussed adopting a Social
Host, Keg Permit and Disruptive intoxication Ordinance. All three Ordinances are utilized by the City of
St. Cloud and the Council requested that the City Attorney from St. Cloud attend a Council meeting to
discuss the pros and cons of the Ordinances.
Social Host: Matt Staehling, Cloud City Attorney approached the Council and stated that the
three Ordinances before the Council are tools for combating livability issues, noise and high risk drinking.
St. Joseph, like St. Cloud finds themselves balancing-;the concerns of the long term residents against the
residents that reside in the community for nine months. Since St. Cloud has implemented the Social Host
and Disruptive Intoxication the City has noticed a considerable decline in violations such as urinating in
public, open container and noise. St. Cloud has also seen a decline keg violations but that is due to a
change student drinking as more students carry alcohol in their backpack so kegs are not the prominent
alcohol source.
Staehling stated that since they implemented the Ordinances the offenses are charged as misdemeanors
and the Courts system has reacted favorably. Frank questioned what type of fine is assessed for
misdemeanors to which Staehling stated up to$ 1,000 and/or 90 days in jail. Typically for a first offense
the courts are assigning a$ 300.00 fine and two days in jail or an equivalent in community service.
Frank also questioned Staehling if he were to re-write the Ordinance today, what he would change.
Staehling stated the Ordinance as drafted is similar to what all Cities in Minnesota that have adopted the
Ordinance are enforcing and he would not change anything. The Ordinance is affective and has been
upheld in the court system.
Symanietz questions the implications to the homeowner regarding the social host ordinance and
questioned whether or not homeowners can be charged if they are not home. For example she
questioned if her children hosted a party and she were out of town could she be charged. Staehling
responded that first a situation has to occur which triggers police attention and the police have the
responsibility of providing evidence that the property owner was aware of the party with the potential of
January 3, 2013
Page 2 of 4
minor consumption. The property cannot be cited if they were not aware of potential minor consumption.
In St. Cloud the Ordinance violations have centered on landlord tenant, not typical single family homes.
Weyrens questioned Staehling if a Social Host violation is cited are other citations issued at the same
time such as noise. Police Chief Pete Jansky and Staehling stated that typically it is a noise violation
brings police attention to the property so, yes; a noise violation citation is also issued. Jansky clarified
that in the event a noise citation is issued, the property owner would be required to appear before the
Council as in the past.
Schultz questioned how St. Joseph can effectively manage the students walking around with alcohol in
their backpacks. He stated that he had the opportunity to ride with the Police Chief one weekend and
experienced large groups of students walking around, some carrying out disruptive activities. Jansky
stated that the proposed Ordinance Disruptive Intoxication would be a tool for the officers to utilize. Loso
stated that it is not uncommon for a group of homes to host a party,such as on Cypress Drive, and
questioned if each property owner would be cited to which Staehling stated yes.
Frank questioned if the College of St. Benedict and St. John's University are supportive of the proposed
Ordinances. Weyrens and Jansky stated that they are supportive and have offered to provide education
and outreach to the students so that they are aware of the Ordinances before spring.
Wick questioned provision 75.04 whereby it states that the ordinance does not apply to situations where
underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and
scope of employment. He stated that why wouldn't the host of a party indicate that the underage person
was in charge, thereby exempt from violation. Staehling stated that in the situation stated by Wick the
underage person is not in lawful possession of the alcohol nor is he an employee of the person hosting
the party. The exemption stated in the Ordinance relates to an underage person that is employed within
a licensed establishment.
Kea Ordinance: Jansky stated that the proposed amendment to the Keg Ordinance would
require any persons wishing to have on keg on their premises to first obtain a permit from the City Offices. •
Staehling stated that the City of St. Cloud has had a permitting process for some time and it allows the
police department to know where the parties will be located. The Council requested Staehling detail the
process used in St. Cloud. Staehling stated that permits are only available during business hours at the
City Offices. So as not to discourage residents from purchasing permits, the fee is nominal at$ 5.25.
While the fee does not generate revenue, it provides the police department with the information they
need. Staehling clarified that it is not the responsibility of the liquor stores to enforce the Ordinance, the
responsibility lies solely with the purchaser.
Frank questioned if a permitting process has implications for cultural or religious residents. Staehling
stated that he is not aware of any implications a typically ceremonial events don't include keg type alcohol
consumption. Frank stated that he recently read an article where the City of Cloud discussed limiting
licenses to property owners who have outstanding fees on their property including property tax and any
city fees. He questioned the application of such a policy. Staehling stated that the City of St. Cloud has
taken the position that if a property owner is requesting a license from the City, all fees should be current.
St. Joseph would have to verify the enabling language in the Ordinance if the opted to do the same.
Wick questioned the provision in the Keg Ordinance whereby it requires the return of the prior issued
permit before another permit can be issued and what happens in that case. Staehling stated if the prior
permit is not returned, the property owner must wait 30 days before another permit can be issued.
Disruptive Intoxication: Staehling stated the purpose of the proposed Ordinance entitled
Disruptive Intoxication is to provide the Police Officers with a tool for when people are congregating in
areas creating a disturbance. In St. Cloud the Ordinance is used to help control walking traffic coming
and going to the bar or parties. Jansky stated that the courts have recently ruled that standing in one's
yard yelling profanities is not a violation. The proposed Ordinance could help manage this type of
complaint.
January 3, 2013
Page 3 of 4
Wick questioned if the proposed ordinances or amendments require a public hearing to which Weyrens
stated no, they require Council action and publication of the adoption. Due to the proposed impact on
residents, Loso made a motion to conduct a public hearing on the proposed Ordinances and
amendments at the January 17, 2013 Council meeting. The motion was seconded by Frank and
passed unanimously.
Appointments: Weyrens stated annually the Mayor presents recommended appointments for the
various boards and commission. The appointments, with the exception of the Acting Mayor are typically
ratified by the City Council. The Acting Mayor appointment must go through a nomination and voting
process. Loso made a motion to accept the appointments as presented by Mayor Schultz. The
motion was seconded by Frank and passed unanimously.
Discussion: Loso questioned the EDA appointment to which Schultz stated Gary Osberg is a
resident of St. Joseph, is employed by Minnesota Public Radio and has held various board/commission
positions. Frank questioned that while he is not opposed to Osberg, he was hoping to add some diversity
to the Board. Schultz stated he only received on application for the EDA member. Frank questioned the
Health Board and whether or not the Board is active. Weyrens stated that the Board is used when a
situation arises.
Acting Mayor: Symanietz made a motion nominating Dale Wick for the appointment as Acting
Mayor; seconded by Schultz and passed unanimously.
Administrator Reports—No Report
Mayor Reports—No Report
Council Reports
FRANK—No report z,
LOSO—Questioned the status of the Facility committee and if the project is moving forward. Loso stated
that he recently had a discussion with one of the consultants and as a small firm they need to know that
status as they plan their work for 2013. Schultz reported that Wick will be resuming the committee
meetings, garnering additional community=comments.
WICK—No Report
—No Report
Adjourn: Loso made a motion to adjourn at 8:00 PM; seconded by Wick and passed unanimously.
Judy Weyrens
Administrator
January 3, 2013
Page 4 of 4
p:.
^ahK.kr
k
,
„ This page tentiona t eft blan
e
a_
,, 4