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HomeMy WebLinkAbout2013 [01] Jan 03January 3, 2013 Page 1 of 3 Pursuant to due call and notice thereof, the St. Joseph City Council met in regular session on Thursday, January 3, 2013 at TOOPM 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, St. 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 3 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. Keg 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 3 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 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 SYMANITEZ — No Report Adjourn: Loso made a motion to adjourn at 8:00 PM; seconded by Wick and passed unanimously. Judy Weyrens Administrator