HomeMy WebLinkAbout2012 [10] Oct 18 October 18, 2012
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Pursuant to due call and notice thereof, the St.Joseph City Council met in regular session on Thursday,
October 18, 2012 at 7:OOPM in the St. Joseph City Hall, opening the meeting with the Pledge of
Allegiance.
Members Present: Ma or Rick Schultz, Councilors Renee S manietz, Dale Wick, Steve Frank, Bob Loso
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and City Administrator Judy Weyrens
Citv Representatives Present: Finance Director Lori Bartlett, Police Chief Peter Jansky
Others Present: Lisa Ruprecht, Rachel Dunham, Melissa Flaig, Sarah Fiedler, Sara Mickolichek, Sarah
Dingmann, Jenny Brattensborg, Tom Klein, Dean Connolly
Public Comments:No one was present who wished to speak.
Approval of the AQenda: Symanietz made a motion to approve the agenda with the following
changes: Weyrens requested to remove item 4(a)and add to the end of the agenda a closed
meeting to discuss labor strategy. Schultr would like to add item 4.5 to review the Rules of Order.
Council will move into a closed session in pursuant to Minnesota Statute 13(d)to discuss labor
strategies.The motion was seconded by Loso and passed unanimously.
Consent AQenda: Loso made a motion to approve the consent agenda with the removal of item
4(a).The motion was seconded by Wick and passed unanimously.
a. Deleted
b. Bills Payable—Approved check numbers 045818-045874, payroll EFT#000723-000727 and
accounts payables 001588-001592.
c. Treasurer Report—Approved the Sept 2012 and 3'�Quarter Treasurer's Report
d. Donations—Accepted the donations and their purposes as stated.
Rules of Order: Mayor Schultz stated that he wanted to review the Rules of Order regarding
communicating effectively at Council meetings. While he encouraged Council members to speak at
meetings, he requested that they wait to speak until recognized and to be respectful of others opinions.
Park Board Bud et: Park Board Chair J hn nd n red before the Council to discuss the
ca o A erso appea
proposed budget for 2012. He stated that the funding has decreased over the years due to the lack of
park dedication funds. He understands the reaction to cut parks and recreation funds during budget
years; however,when people look at moving to a community they do consider the amenities.
Regarding the Budget, $400 has been included in the budgeted for flowers at Monument Park.The Park
Board is proposing to make improvements to Cbverdale Park.The long-range plan of the City guides
Cloverdale Park towards a Zen or meditative park which has a proposed development cost of$250,000.
Using the same concept, the Park Board reque$ted a local vendor, Scenic Specialties, to design a
concept plan for the park including a cost estimate. The concept plan included a cost estimate of$
22,000. Anderson stated that before the Park Board is ready to move forward they will seek public input
as he has already received comments regarding the lack of playground equipment.
Frank questioned the dedication fees listed on the Park Board Financial Statement regarding the Army
Reserve Center. Weyrens stated that the Army Reserve project is in the planning stages and it is
uncertain as to whether or not they will be platting and if they do not, a dedication fee is not collected.
Frank questioned if the project for Cloverdale Park will be competitively bid to which Anderson stated yes.
Wick questioned the proposed trail path for the Cloverdale Park project and whether it would be paved or
gravel. Anderson informed Council it is to be concrete.Wick also inquired about the$7500 dollar
expenditure in 2012 for a memorial. Finance Direct Lori Bartlett stated that expenditure related to the
Scoreboard in Schneider Field. Wick made a motion to accept the proposed 2013 Park Board
Budget.The motion was seconded by Symanietz and passed unanimously.
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Administrators Report
Leqislative Priorities:Weyrens shared that the next Inter Governmental Meeting will be held on Tuesday,
October 30, 2012. The area Administrators met on October 12, 2012, to discuss the draft Joint Legislative
Priorities List, using the 2012 Legislative Priorities a guide. The items completed have been removed and
two new areas have been added. One addition is to request changes to the 429 Statutes regarding
minimum assessment ratio needed for bonding purposes and to include language to allow for benefit for
underground infrastructure. The seconded item is modifications to the Government Data Practices
regarding when names of victims need to be provided to the media and a second provision to keep
private email addresses of residents paying their utility bill through email. Weyrens stated the request for
modifications to the Data Practices Act is a result of the Verso accident.
Frank stated that he does not support the proposed priority regarding eminent domain as he has
concerns when government takes private property. In addition he stated that while is a supporter of the
North Star commuter train, he does not see any evidence that the link from Big Lake to St. Cloud is a
financially feasible. Therefore, this priority may not be a reality.
Communitv Sian: Weyrens reported that she has been working with Rich Feneis,from Custom Signs to
replace the existing community sign located on CR 75 and College Avenue. It is anticipated that the new
sign will cost approximately$ 100,000 and Feneis has offered to serve as a broker for the sign, paying for
the cost of the sign in exchange for collecting the revenue. The City would be allowed 00:20 seconds per
minute to advertise community events on the sign. The remaining time would be limited to the business
sponsors which Feneis would solicit. In addition, Feneis would manage the sign including the rotating
messages. Feneis offered a second alternative where he would just assist the City with the construction
and the City would pay for the sign and control the advertising revenue. This scenario would be cash
neutral for the first five years, and would require personnel to solicit sponsors for the sign.
The Council concurred that the City is not in a position to construct and manage the sign and prefer the
option with Feneis controlling the sign. Weyrens clarified that the City will own the City, as in the past and
after five years the City could exercise the option to manage the advertising. During the first five years
the City would be responsible for the electricity and cable modem as in the past. The expense would be
about$1200 a year for the City. Weyrens presented the City with a draft of a proposed agreement
between the City and Feneis for the Community Sign. Loso stated that the agreement should be clear as
to the types of advertising the City will be permitted during the 00:20 time allotment. When questioned for
the next step in the process,Weyrens stated that once the contract is executed, Feneis will begin
soliciting advertisers and has 90 days to secure four sponsors which meet City approval. At this time the
sign would be constructed. Jansky questioned if the City will be able to place public service
announcements on the sign to which Weyrens responded yes, but they will be placed by Feneis.
Wick made a motion authorizing the Mayor and Administrator to execute the agreement between
Rich Feneis and the City of St.Joseph for the construction and management of a community sign
to replace the existing sign located on CR 75 and College Avenue. The motion was seconded by
Frank and passed unanimously.
Ordinance Amendment—Noise Ordinance 102:Weyrens presented the Council with an amendment to
the Noise Ordinance 102. The amendment corrects inconsistencies between Ordinance 55 and 102 and
formalizes the noise violation policy as it relates to rental property. In addition, the proposed amendment
adds the restrictions for construction noise that is currently identified in the subdivision ordinance.
Schultz and Frank requested the Ordinance be modified to include current terms as the existing
Ordinance seems outdated. Loso made a motion to table the discussion on Noise Ordinance.The
motion failed due to lack of second.
Frank questioned the reference to exhaust in the noise Ordinance and why such language is in a noise
Ordinance as exhaust does not create noise. The Council concurred to remove the reference to exhaust.
Wick requested clarification in regard to the provision for construction noise and questioned if that related
to home projects. Weyrens stated that the construction times relate to construction projects that create
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noise that can be heard beyond the property line. The majority of complaints regarding construction are
new construction and utility improvements.
Ordinance Amendment—Ordinance 112: Ordinance Prohibiting Disruptive Intoxication. Jansky explained
the background for this Ordinance and that the State of Minnesota does not have a public intoxication
law.Where the City has problems is with large crowds.This Ordinance would allow for better crowd
management. The Ordinance has been adopted by several other Cities. Ordinance 112 would only affect
the individual breaking the law. Frank would like to see more defined language with the Ordinance.
Jansky expressed that the language being used is standard in law enforcement State-wide and will hold
u in court.
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Ordinance Amendment—Ordinance 74: Keg Permits. Jansky commented that the City of St. Cloud has
this Ordinance along with several other communities. It would require individuals to purchase a permit if
they intend to have a keg within the City limits. Jansky explained that this permit will afford the police
department the opportunity to know the location of parties. The permit process would not change the
existing Ordinance that limits the number of kegs per property to one. Weyrens clarified that the retail
store sellin the ke does not have an obli ation to enforce the Ordinance. S manietz wanted
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clarification on how the process would work. Schultz recommended that the Council should investigate
what the policies are for the City of St. Cloud for the permit process. There is concern regarding multiple
permits being filed from neighboring addresses or how leases are written for room rentals at the same
property so muttiple permits are not given out.
Ordinance Amendment—Ordinance 75:Jansky stated that the City has once before considered adopting
a Social Host Ordinance, but delayed action based on a pending case for the same Ordinance in St.
Cloud. The matter was resolved without litigation;therefore, Jansky requested the Council again
consider adopting such an Ordinance. The purpose of the Social Host Ordinance is to hold the property
owner or tenant responsible for behaviors that occur as a result of alcohol or from large gatherings which
become disruptive. The purpose is to discourage underage possession and consumption of alcohol,
even if done within the confines of a private residence, and intends to hold persons criminally responsible
who host events or gatherings where persons under 21 years of age possess or consume atcohol
regardless of the person hosting the event or gathering supplied the alcohol. Jansky explained that there
have been several instances where the private party stated they did not supply the alcohol to the
individual under the age of 21 and this Ordinance would offer better enforcement. Loso inquired if there is
a State law covering this issue. Jansky replied yes, that State Statute does cover this topic, but it does not
clarify if the individual who is under age brings their own alcohol and the Host knowingly allows the
consumption of alcohol. This Ordinance will make the Host criminally responsible. Jansky reported
meetings with both colleges have been held and they are very supportive of the Ordinance.This
Ordinance would make only the person(s)who are responsible for the resident in violation of the
Ordinance. The Council requested additional information on the Ordinance to which Weyrens stated that
she will contact the St. Cloud City Attorney to see if he would be willing to come and discuss their
experiences.
Council Wages:Weyrens advised the Council if they intend to modify their wages in 2013 any action must
be ratified before the election on November 6, 2012. Weyrens provided the Council with a summary of
the area City Council compensation and most Cities have moved towards a set fee, not a per meeting
fee. Frank suggested moving to a standardized fee and felt it may less complicated. Loso felt it would be
more efficient. The Council will continue the discussion at the November 1, 2012 meeting.
Sunset Ridae Plat:Weyrens reported the Joint Planning Board has been working on a plat entitled
Sunset Ridge which is owned by the Roman Notch Trust. One of the major discussion items is access
and the need to have access for the future both to the east and west. City staff has forwarded the
proposed easements to Stearns County Environmental Services for consideration. The Joint Planning
Board will be considering this matter on October 29, 2012. While the plat is located in the Township, it
falls within the Orderly Annexation area where the Joint Planning Board has final authority. Weyrens
stated that as with plats in the City, the developer will be required to enter into a development agreement
' to memorialize the terms and conditions of the plat.
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Mayor Report
Meetinqs Attended: Schultz reported that over the past could of weeks he attended the following
meetings:
October 10—attended a listening session with Michelle Bachman's Deputy Chief of Staff Robert
Boland. Transportations issues were discussed along with healthcare, and there were many interesting
ideas shared. , They also shared their concern with the access to propane in rural Minnesota and how
cost prohibitive it was to bring in.
October 11 —attended the APO executive committee meeting at which they announced changes
in the Federal formulas for allocation of more funds internally. There was a discussion for maintenance
versus new projects. A full Board study is required regarding funds that must be used or they will be lost.
A request from The Greater St. Cloud Area Corp.for money was approved and they are not members of
the APO.This is the first time that the APO has granted monies to a non-member. Questions were raised
on how it will affect future funding availability. There will be future discussions within the APO on how to
distribute the funds to non AP members.
Council Reports
Frank—No report
I Loso—No report
.
Wick—No report
Symanietz--No report
Closed meetinp:A motion was made by Wick to go into a closed meeting pursuant to MN Statute
13(d)to discuss labor strategies.The motion was seconded by Symanietz and passed
unanimously.Weyrens confirmed that no action will occur when the Council comes out of closed
session.
Adiourn:Wick made a motion to adjourn at 8:45 PM.The motion was seconded by Loso and
passed unanimously.
Judy e1��ns
Admi istrator
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