Minnesota State Representative Bjorn Olson visited the Winnebago City Council on Oct. 10 to request that the council reach out to him if they need any assistance at the state level.

The Winnebago City Council discussed updating several city ordinances at a meeting held on Tuesday, Oct. 10.

The most contentious point of discussion was the city’s ordinance regulating the smoking of substances at certain locations within city limits.

Minnesota’s recent legalization of possession and home growth of cannabis on Aug. 1, as well as the impending legalization of cannabis sales in 2025, spurred conversations about updating the ordinance.

Though the city cannot regulate the use of cannabis in private locations, it can regulate the smoking of substances on and in the vicinity of public property.

“You can prohibit smoking in the park, schools, churches, day care centers and the like, including areas that may be close to the intake of air for public buildings,” city attorney David Frundt summarized.

He put an early draft of an updated ordinance in front of the council. The ordinance defines ‘smoking’ as the inhalation, exhalation, burning or carrying of any lighted or heated cigar, cigarette, pipe or other lighted or heated product containing nicotine, marajuana or another plant – natural or synthetic.

The ordinance also includes activated electronic delivery devices such as e-cigarettes and vape pens under this definition.

The ordinance clarifies that, as defined by the Minnesota Indoor Act, smoking is not allowed in indoor places. It also states that smoking is prohibited on city-owned, leased, rented and contracted property, as well as in personal motor vehicles parked on such property.

Additionally, the ordinance prohibits smoking upon property located within 25 feet of public places of employment and within 25 feet of public or private schools and church facilities within city limits.

While the council was in agreement about these portions of the ordinance, they debated at some length how to designate Main Street – both its front sidewalks and its back alleyways.

“You do have the ability to regulate that if you want to prohibit smoking,” Frundt informed the council. “Do we want to limit (smoking) to just the back side, or prohibit it completely?” 

The council observed that prohibiting smoking on Main Street entirely could create significant difficulties for some of its businesses whose patrons often want to step outside to smoke.

“I guess I’m of the belief that they can all go behind their buildings, rather than on Main Street,” city administrator Judi Hynes suggested.

Council member Paul Eisenmenger countered, “It’s people’s choice as far as I’m concerned. I won’t be partaking in the activities, but I guess I’d like to have that option if I so wanted to, because you are outside.”

He clarified that he does support prohibiting smoking on and in the vicinity of public property such as parks and City Hall.  

The council decided they would like to consider the issue further before making a formal decision about Main Street’s designation.

However, as they were in agreement about other portions of the ordinance, the council directed Frundt to draft an ordinance designating parks, churches, day cares, schools, and any city structure as locations where smoking is prohibited.

“Do that to start with – we can add or subtract (smoking prohibitions) later,” council member Jean Anderson said.

The council also reviewed an updated draft of an ordinance amending the city’s regulation of special vehicles, including motorized golf cars, utility task vehicles (UTVs) and all-terrain vehicles (ATVs).

The council had previously decided to add UTVs to the ordinance, but not to establish permitting requirements for special vehicles. However, Frundt said he had discovered that the state requires cities to collect permits from special vehicle users.

“I did discover that per Minnesota statutes, the UTVs can only be driven on city streets via a permit from the local government, as they are prohibited to be driven on city streets unless the city has an ordinance expressly granting the right to do so via a permit,” Frundt explained.

He said he will bring the updated amendment back for a first reading at the next City Council meeting on Wednesday, Nov. 14.

The council requested he add mini trucks to the draft which will be reviewed at that meeting.

In other business, the Winnebago City Council: 

• Received a visit from Minnesota State Representative Bjorn Olson, who requested that the council reach out to him if they need any assistance at the state level.

“If there are any needs Winnebago has, let me know so I can bring them forward,” he said, adding that state funds are most easily accessible for projects involving water and roads.

• Conducted a first reading of the city’s amended bicycle ordinance, and set a public hearing and second reading for the ordinance at the council’s next meeting on Nov. 14.

• Set Winnebago’s Truth in Taxation public hearing for Dec. 12 at 7 p.m.

• Approved the replacement of a compressor at the Street Shop which is no longer working. Ron’s Plumbing HVAC & Electric will complete the project for a total of $2,859.53.

• Approved Hynes to approve a short-term rental of a tractor to pull the biosolids applicator in the event that the tractor the city ordered to lease does not arrive in time.

• Approved Resolution 822-2023 accepting a total of $677.80 in donations to the city of Winnebago.

• Approved the temporary closure of blocks of Cleveland Avenue W from First Street SW to Fourth Street NW, as well as a block of Second Street SW from First Avenue SW to Cleveland Avenue W, and a block of Second Street NW from First Avenue NW to Cleveland Avenue W, on Oct. 31, at 4:30 p.m.

The streets will be closed for the Winnebago Community Club-sponsored Halloween Costume Parade, which is starting at 5 p.m.