Proctor Journal

January 20, 2009, 6:00 p.m.

Mayor Anderson called the meeting to order at 6:00 p.m.

MEMBERS PRSENT: Councilors Jake Benson; Troy Foucault; Tom Lavato, Shawn McGovern; Mayor Stephen Anderson

Others in attendance included Jim Rohweder, City Administrator; Jim Schulzetenberg, Deputy City Clerk; John Bray, City Attorney; Walt Wobig, Police Chief; Rich Borg; Jon Olsen.

The following motions were approved:

Motion by Lavato, seconded by Foucault and carried: To approve the January 5, 2009 Proctor City Council regular meeting minutes; December 8, 2008 PUC regular meeting minutes; November 2008 PUC Income Statement M-18-09-401

Motion by Lavato, seconded by McGovern and carried: To approve the agenda. M-19-09-401

Motion by Benson, seconded by Foucault and carried: To suspend the agenda to take input from the audience. M-20-09-401

Motion by Lavato, seconded by Foucault and carried: To approve the consent agenda with the exception of 4.B. January 14, 2009 Liquor Control Committee meeting minutes; and, 4.C. January 13, 2009 Parks & Recreation Committee meeting minutes, as listed under 1. Communications; 3. Clerk Advises Council; 4. Committee Reports. M-21-09-401

3A. To approve the Government Fund payroll period ended January 4, 2009 in the amount of $37,419.27; and the Liquor Fund payroll period ended January 4, 2009 in the amount of $4,248.14.

4A. To approve the December 4, 2008 Cable TV Commission meeting minutes.

Motion by Lavato, seconded by Foucault and carried: To approve the January 14, 2009 Liquor Control Committee meeting minutes and the November 2008 Liquor Income Statement. M-22-09-401

Motion by Foucault, seconded by McGovern and carried: To grant a restaurant liquor license to J&J Olsen Enterprises LLC dba Chaser’s Wing Grill, contingent upon all requirements being met. M-23-09-401

Motion by Foucault, seconded by McGovern and carried: To approve the January 13, 2009 Parks & Recreation Committee meeting minutes. M-24-09-401

Motion by Foucault, seconded by McGovern and carried: To give usage of Field #2 to the Little League. M-25-09-401

Motion by McGovern, seconded by Benson and carried: That City Council write a letter of support for the Irving Community Club requesting the state to reduce charitable gambling tax on organizations. M-26-09-401

Motion by Anderson, seconded by Lavato and carried: To table previous motion (to allow staff additional time to research with LMC) until the next regularly scheduled Council meeting. M-27-09-401

Motion by Anderson, seconded by Foucault and carried: To appoint 2009 committee and commission members as listed with the following exceptions: M-28-09-401

• Beautification Committee and Tourism Committee appointments

• Remove Bud Tessier and Cindy Matheson from Parks & Recreation Committee and add Tim Rohweder and Chad Brenna

• Add Larry Shelton to the Comprehensive Plan Group

Motion by Benson, seconded by McGovern and carried: To approve 2009 Debt Service payments. M-29-09-401

Motion by Lavato, seconded by Foucault and carried: To approve ICD Securities Inc. M-30-09-401

Motion by Lavato, seconded by Foucault and carried: To approve the Police Records Coordinator Secretary (Part-Time), Police Records Manager/Terminal Agency Coordinator job descriptions (with the correction of the numbering on job descriptions). M-31-09-401

Motion by Lavato, seconded by McGovern and carried: To approve the General Fund bills list in the amount of $18,743.76 and the Liquor Fund bills list in the amount of $40,237.39, with the exception of cell phone reimbursements. M-32-09-401, 481

Motion by Foucault, seconded by McGovern and carried: To adjourn the meeting at 7:55 p.m. M-33-09-401

The foregoing is only a summary of the proceedings of the regular City Council meeting described above.

The complete minutes of such meeting are available in the office of the City Administrator during regular business hours of the City.

James U. Schulzetenberg

Deputy City Clerk

February 26, 2009

February 2, 2009, 6:00 p.m.

Mayor Anderson called the meeting to order at 6:00 p.m.

MEMBERS PRESENT:

Councilors Jake Benson;

Troy Foucault; Tom

Lavato; Shawn McGovern;

Mayor Stephen Anderson

Others in attendance included Jim Rohweder, City Administrator; Jim Schulzetenberg, Deputy City Clerk; John Bray, City Attorney; Walt Wobig, Police Chief; John Benson, Fire Chief; Lori Anderson; Gregg & Ann Berglund; James Gittemeier; Jerrid Mulligan; Chris Klatte; Janna Goerd; Jim Tuomi; Gordy Downs.

The following motions were approved:

Motion by Lavato, seconded by Foucault and carried: To approve the January 20, 2009 Proctor City Council regular meeting minutes. M-34-09-401

Motion by Foucault, seconded by McGovern and carried: To approve the amended agenda to include 4.C. January 30, 2009 Liquor Control Committee meeting minutes; 6.E. South St. Louis County Fairgrounds. M-35-09-401

Motion by Lavato, seconded by Foucault and carried: To suspend the agenda to take input from the audience. M-36-09-401

Motion by Lavato, seconded by Foucault and carried: To approve the consent agenda as listed under 1. Communications; 3. Clerk Advises Council; 4. Committee Reports. M-37-09-401

3.A. To approve the Government Fund payroll period ended January 25, 2009 in the amount of $35,625.52 and the Liquor Fund payroll period ended January 25, 2009 in the amount of $3,167.03

4.B. To approve the January 22, 2009 Proctor Economic Development Authority meeting minutes.

Motion by Lavato, seconded by Foucault and carried: To approve the January 26, 2009 Planning & Zoning Commission meeting minutes. M-38-09-401

Motion by Lavato, seconded by McGovern and carried: To approve the January 20, 2009 Tourism Committee meeting minutes. M-39-09-401

Motion by Lavato, seconded by Foucault and carried: To approve liquor license transfer for Tailgate Bar & Grill with all contingencies being met. M-40-09-401

Motion by McGovern, seconded by Foucault and carried: To adopt the 2020 vision Comprehensive Plan. M-41-09-401

Motion by Lavato, seconded by McGovern and carried: To thank the Comprehensive Plan Group and encourage them to continue working on plan. M-42-09-401

Motion by Lavato, seconded by Foucault and carried: To follow Minnesota Department of Natural Resources permit guidelines regarding the issuance of burning permits. M-43-09-401

Motion by Anderson, seconded by Foucault and carried: To adopt the recommendation of the Tourism Committee for their committee makeup. M-44-09-401

Motion by McGovern, seconded by Benson and carried: That the Tourism Committee member to be named later - be designated to be a citizen of the community. M-45-09-401

Motion by Lavato, seconded by McGovern and carried: Ask Tourism Committee to work up a marketing plan to be brought to City Council. M-46-09-401

Motion by McGovern, seconded by Lavato and carried: If Chief feels it necessary, to suspend the K-9 program and to allow K-9 to stay with handler. M-47-09-401

Motion by Lavato, seconded by Foucault and carried: To approve staff recommendation to reduce operating budget: M-48-09-401

• Cancel purchase of a new squad car

• Continue to operate with three employees in the Street Department

• Reduce administrative salary by $22,500

• Suspend K-9 program until funds become available

Motion by Foucault, seconded by McGovern and carried: To approve Administrative Ordinances & Penalties (included in Council packets) as written with the exception of changing administrative penalty marked as $50 to $65, $25 items remaining the same. M-49-09-401

Motion by Foucault, seconded by Benson and carried: To approve Mayor Anderson and Councilor Benson to commence negotiations with St. Louis County on the acquisition of the South St. Louis County Fairgrounds. M-50-09-401

Motion by Lavato, seconded by Benson and carried: Upon recommendation of Planning & Zoning Commission, approve the 2009 Home Occupation Permits. M-51-09-401

Motion by Lavato, seconded by McGovern and carried: To approve the Agreement For Professional Services Between The City Of Proctor And The South St. Louis Soil & Water Conservation District. M-52-09-401

Motion by McGovern, seconded by Lavato and carried: To approve amended First Responder/Fire Fighter 1 job description as recommended by the Fire Chief. M-53-09-401

Motion by Lavato, seconded by McGovern and carried: To approve the 2009 Pay Equity Report. M-54-09-401

Motion by Lavato, seconded by Foucault and carried: To approve the General Fund bills list in the amount of $44,253.62 and the Liquor Fund bills list in the amount of $23,321.36. M-55-09-401, 481

Motion by Foucault, seconded by Lavato and carried: To adjourn the meeting at 9:07 p.m. M-56-09-401

A First Reading was held on the following ordinance with the Second Reading to be enacted (at which time Council will vote to adopt or not adopt these ordinance changes) at the next regularly scheduled meeting after its publication:

Ordinance No. 01-09

§506A.05 Hearing Procedures And

Hearing Officer

Section 506A.05 Hearing.

Any person contesting an administrative offense pursuant to this Section may, within fifteen (15) twenty (20) days of the time of issuance of this the receipt or mailing of the written notice of violation notice, or in the case of a parking offense, within five (5) days of the time of issuance of the notice, request an administrative hearing to contest the fact that a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed. Failure to pay the administrative penalty for the violation cited may result in the person being cited for a criminal violation. be issued a State Citation requesting a hearing through St. Louis County District to determine if a violation has occurred.

Section 506A.05a Hearing Officer.

An individual designated in writing by the City Administrator shall be the hearing officer for purposes of this section. The hearing officer is authorized to hear and determine any controversy relating to the administrative offenses provided for in this section. This process is intended to replace any existing administrative procedures previously established by ordinance with regard to violations enumerated herein.

Section 506A.06 Failure to Pay.

In the event a party charged with an administrative offense fails to pay the penalty provided by this section, and administrative fee, a misdemeanor or petty misdemeanor charge may be brought against the alleged violator in accordance with applicable statutes, code, or ordinance. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such criminal charge may be brought by the City for the same violation.

Section 506A.09 Subsequent Offenses.

In the event a party is charged with a subsequent administrative offense within a twelve (12) month period of paying an administrative penalty for the same or substantially similar offense, the subsequent administrative penalty shall be increased by twenty-five percent (25%) above the then existing administrative penalty for the same offense.

Section 506B: Administrative

Hearing Process

506B.01 Purpose.

The City Council has determined that there is a need for a standard method of addressing administrative appeals and an alternative method of enforcing certain violations of City Code or Ordinances which provide for the imposition of administrative penalties and fees instead of criminal penalties. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement with regard to certain types of Code or Ordinance violations. This method of enforcement shall be in addition to any other legal remedy which may be pursued by the City for City Code and Ordinance violations.

506B.02 Amending Existing Administrative Hearing Processes.

Presently, City Code 702.04 Subd. 8.(c) 5 provide for administrative hearings which extend due process to those individuals or merchants that are alleged to have bartered or sold alcoholic products to individuals that are under legal age. Provisions contained in 702.04 Subd.8.(c) 4 presently provide for civil penalties which involve the payment of administrative fees and license suspension with regard to violations. At the time those sections were adopted the system of conducting administrative hearings was untested. Given the experience that has been gained by enforcing those sections, and in the interest of consistency and fairness, it is the express intent of this section to provide for a consistent administrative hearing process for all hearings conducted pursuant to those sections and any other ordinances that the City Council may hereinafter adopt which provide for the imposition of administrative fees and penalties.

506B.03 Administrative Citations.

Hereafter, all administrative citations issued with regard to violations of City Code or Ordinances will be issued by a City Police Officer or another City Official authorized by the City to issue a citation regarding the prohibited conduct. All such citations must be issued in person or must be sent by mail to the person or entity responsible for the violation or must be attached to the motor vehicle involved in the violation in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the name of the issuing officer or authorized individual, the amount of the scheduled administrative penalty, and the manner for paying the administrative penalty or for appealing the citation. The person responsible for the violation must either pay the scheduled administrative fee as provided for in the section for which they are cited or request a hearing within twenty (20) days of the receipt or mailing of the written notice of violation.

506B.04 Administrative Hearing Process.

The City Council hereby ordains that all administrative hearings will be conducted before a hearing officer who is either licensed to practice law in the State of Minnesota, is a retired Judge, a hearing officer, or is a trained arbitrator or mediator. The City Administrator is hereby authorized to select a hearing officer to hear and determine matters for which a hearing is requested provided that the person selected as a hearing officer is not a City employee and is not a person that would have a personal interest in the outcome. The cited individual in any given instance shall have the right to ask that the hearing officer assigned to the case be removed from the case, for cause, as long as a written request is filed with the City Administrator within five (5) days after the cited individual or person has been notified as to the identity of hearing officer chosen. If denied, any subsequent requests must be directed to the assigned hearing officer directly and must also be based upon cause. The assigned hearing officer will then decide whether or not he or she can fairly and objectively review the case. If the hearing officer assigned determines that cause exists for removal, that officer shall remove himself or herself from the case and the City Administrator shall assign another hearing officer. A hearing officer is not a judicial officer but is a public officer as defined by Minnesota Statute §609.415.

(A) Notice of Hearing. Notice of a prospective administrative hearing must be served in person or by mail on the person or the entity alleged to be responsible for the violation at least seven (7) days in advance of the proposed hearing unless a shorter time is agreed to by all parties. At the hearing, the City will be required to proceed first to present testimony and question any witnesses that the City believes supports the alleged administrative fee or citation sought to be enforced. The strict rules of evidence will not apply and the hearing officer shall receive and give weight to evidence, including hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their personal affairs. Either party is entitled to be represented by an attorney at their own cost and the hearing will not be transcribed by a court reporter unless a transcript is requested and paid for by the person or entity requesting the hearing. Any person requesting that the hearing be transcribed agrees to provide the City with a copy of the transcript at no cost to the City.

(B) Hearing Officer’s Authority. The hearing officer chosen herein is authorized by the City Council to determine whether or not a violation has occurred, whether it is proper to impose the scheduled administrative penalty, or whether or not it is proper to reduce, stay, or waive a scheduled penalty.

1. Subpoena Authority. Upon the hearing officer’s own initiative or upon written request of an interested party demonstrating the need, the hearing officer may issue an administrative subpoena requiring the attendance of witnesses or the production of books, papers, records, or other documents that are material to the matter being considered. The party requesting the subpoena shall be responsible for serving the subpoena in a manner provided for civil actions and for paying the fees and expenses and mileage of any witnesses required to attend. A person served with an administrative subpoena pursuant to these provisions may file an objection with the hearing officer promptly but not later than the time specified in the subpoena for compliance. The officer may cancel the subpoena, the hearing, or modify the subpoena if it is unreasonable or oppressive or if the proposed witnesses provide adequate grounds for modification of the subpoena’s requirements. However, any person who fails to file an objection, or, without just cause, fails to or refuses to attend and testify or to produce the required documents in obedience to an administrative subpoena issued herein shall be guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek a continuance of the hearing and an Order from the District Court directing compliance with the subpoena issued pursuant to this section.

2. Decision. The hearing officer’s decision and supporting reasons must be stated in writing and must be completed within ten (10) days of the date of the hearing. That decision will be produced in writing and provided to the City Administrator and the parties involved within ten (10) days from the date of the hearing. If mailed, the hearing officer will be given an additional three (3) days to provide for mailing.

(C) Judicial Review. Any person that maintains that they are aggrieved by an administrative decision consistent with this provision may have that decision reviewed in the district court consistent with Minnesota Statute §462.361.

506B.05 Recovery of Civil Penalties or Administrative Fees.

If a civil penalty or administrative fee assessed pursuant to code or ordinance or determined after an administrative hearing requested herein is not paid within the time specified, it shall constitute a lien against the real property on which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for the violation, and/or, be a personal obligation of the violator in all other situations.

1. A lien assessed herein may be assessed against the property and collected in the same manner as taxes.

2. A personal obligation may be collected by any appropriate legal means.

3. Failure to pay fine or administrative fee assessed herein is grounds for suspending or revoking a license associated with the violation.

4. During the time that any civil penalty administrative fee remains unpaid, the City will be entitled to assess interest based upon the prevailing judgment interest rate and provided by law by the State District Courts.

506B.06 Additional Criminal Penalties.

The following are misdemeanors, punishable in accordance with state law:

A. Failure without good cause to pay a fine or final determination made by the hearing officer as provided herein.

B. Failure to appear at an administrative hearing requested and scheduled pursuant to this section or for failure to comply with an administrative subpoena without filing a timely objection as provided herein.

C. Failure to pay a fine imposed by the hearing officer within sixty (60) days of the date of citation or no later than thirty (30) days after the date of any written decision to determine that a violation has occurred and all appeals there from.

The foregoing is only a summary of the proceedings of the regular City Council meeting described above.

The complete minutes of such meeting are available in the office of the City Administrator during regular business hours of the City.

James U. Schulzetenberg

Deputy City Clerk

P.J. – February 26, 2009