HomeMy WebLinkAbout10-16-08October 16, 2008
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Thursday, October 16, 2008 at 7:00 PM in the St. Joseph City Hall.
Members Present: Mayor AI Rassier, Councilors Renee Symanietz, Dale Wick, Rick Schultz, Steve
Frank, Administrator Judy Weyrens
City Representatives Present: Finance Director Lori Bartlett, Police Chief Pete Jansky, Public Works
Director Terry Thene
Others Present: Joe Kane, Joanne Schneider, Allison Gerbeck, Mark Zimmer, Mark Loso, Ken Loso, Jodi
Terhaar, Jim Schumann, Mike Connolly, Richard Crawford, Veronica Anderson.
PUBLIC COMMENTS TO THE AGENDA
Joe Kane, St. John's University, approached the Council on behalf of the St. John's Senate to address
issues relating to the elections. First, he addressed the recent change of the polling locations. He stated
that students have the right to vote and for many it is their first time or the only time that they will vote
during college. The change of precinct boundaries was approved by the Council on May 28, 2008 without
input from the students. He asked that the City participate in an outreach program with the St. John's and
St. Ben's Senate to work together on matters that affect the students. He also questioned why they were
not notified of the proposed change. Kane advised the Council that due to same day registration, there
will be a lot of students registering to vote and questioned whether or not the City has adequate staffing
and equipment to accommodate the precinct change. The College will be providing a shuttle bus to the
polling place to help residents get to the polling location. In the future, Kane stated that the student senate
would like to be advised of information or changes relating to elections. Frank advised Kane that the
College of St. Benedict was informed of the change before the Council acted on the matter. The Council
has to look at what is best for the entire community. Kane encouraged the Council to reconsider and
establish a polling place just for the student population. Frank replied that, nationwide, election judges
are getting harder and harder to find and St. Joseph was fortunate to have more judges then openings.
However, this will not always be the case and reducing the precincts help with staffing. Kane stated that
the Council could utilize the students for election judges, but again they were not consulted.
Allison Gerbeck, College of St Benedict, spoke to the Council with respect to the recent vandalism during
homecoming weekend. They are addressing the issue on campus as well as working with the police.
There is a reward leading to those responsible for the vandalism.
Agenda: Wick made a motion to approve the agenda with the following additions/deletions:
Add 12 Premise Permit
Add 12 Scheduling Software
Add 12b Fire Department Christmas Decorations
Add 12c Updates
The motion was seconded by Symanietz and passed unanimously.
Consent Agenda: Symanietz made a motion to approve the consent agenda as follows:
a. Bills Payable -Approve check numbers 040739 - 040848 and EFT numbers 000211-000226
and 000440-000442.
b. Pay Equity -Authorize execution of the revised Pay Equity Report as presented.
c. Pay Application- Authorize the Mayor to execute Pay Application #9 for the 2007 Jade
Road Improvements and authorize payment to RL Larson in the amount of $ 12,681.98.
d. Pay Application -Authorize the Mayor to execute Pay Application # 10 for the 2005
Northland Heights Improvements and authorize payment to Erin Construction in the
amount $82,074.95.
e. Pay Application -Authorize the Mayor to execute Pay Application # 6, Final Payment, to
Hardrives, Inc. in the amount of $12,788.87.
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f. Capital Equipment -Authorize the purchase of a rotary laser to set grades, funded
through the 2008 Budget.
g. Treasurer's Report -Accept the September 2008 Treasurer's Report and the 3'~ Quarter
2008 Treasurer's Report.
h. Quarterly Financial Report -Accept the 3'~ Quarter 2008 Financial Report.
i. Donations -Accept the donations for camping and Christmas decorations.
j. Moved to Administrator Reports
k. Moved to Administrator Reports
The motion was seconded by Schultz and passed unanimously.
Public Hearing -Assessment Hearing for Delinquent Accounts: Weyrens stated that, once a year, the
City can certify delinquent accounts, provided they are given the opportunity to contest the fee. This
matter has been published as a public hearing any anyone present to dispute a fee can speak at this
time. At this time the public hearing was opened and as no one present wished to speak the hearing was
closed.
Frank questioned if there were more this year than last, to which Weyrens stated that are. Rassier
questioned if the fees associated with the lawn mowing on Iverson are similar to those on 18th Avenue
and if this is another area that the City is trying to clean up. Weyrens stated that they are similar. Wick
questioned the weed charges in the amount of $27 as the fee schedule says $60. Weyrens advised him
that they are combined lots and the charges have been split between amongst the units.
Wick made a motion to approve the certification of the delinquent invoices/utility bills to Stearns
County for collection in 2009. The motion was seconded by Frank and passed unanimously.
Public Hearing - 2:00 AM Bar Closing: Mayor Rassier opened the Public Hearing and stated the purpose
of the hearing is to consider the possible extension of liquor license hours, authorizing the 2AM closing.
At this time Weyrens presented the Council with past actions of the Council, including the three times the
matter was brought before the Council with an unfavorable vote. In addition Weyrens presented a
summary of liquor license violations over the past three years. At this time Rassier encouraged anyone
present to present testimony regarding the proposed 2AM closing time.
Joanne Schneider spoke to the Councilors as a resident of St. Joseph as well as a commercial property
owner. She stated that she would like the City to give local business every opportunity to succeed. On
behalf of the bar owners, she stated that she has went door to door looking for donations and many of the
bars do help. They have been very giving over the past twenty years. She asked that the Council listen to
their needs and try to help them to succeed in a market that is very competitive.
Mark Zimmer approached the Councilors in support of the 2AM bar closing. He stated that he and his wife
Peggy have owned the LaPlayette since 1974. They have seen many things come and go in St. Joseph
over the years. He stated that they are requesting that the Council re-consider the extension of the bar
hours as it is an economic issue. Due to the fact that the areas surrounding St. Joseph all have the 2AM
bar closing, St. Joseph is an island and competition is not only within rather with the surrounding areas as
well. He would like all bar owners to be on the same playing field. He understands that the extension is
not for every business/license holder. According to Zimmer, it is a reality that the restaurant/bar business
is a tough business. Many long time establishments have recently closed. This is due to circumstances
such as the smoking ban, expansion of the casinos and gambling. He also stated that St. Joseph is
unique to the surrounding areas due to the fact that there are two colleges. He spoke with other cities with
similar situations and the 2AM bar closing works in those cities.
Frank stated that he has not yet been approached by the bar owners. He stated that bar owners need
public licenses for a reason. He added that the Council has heard from several neighbors who are not all
supportive. With respect to the LaPlayette, he advised Zimmer that they have had the most violations as
well as the highest value of fines. In his opinion, the fines in St. Joseph are light compared to other cities.
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He has heard that the Legion and the EI Paso are not in support of the change and Sal's has stated that
they are indifferent. When he questioned what other bar owners would be in support of the change, it was
noted that the Main street Pub would support the extension of bar hours. Zimmer stated that this would be
an elective license for the liquor license holders and some may choose not to participate as it would not fit
their business model.
Frank questioned Zimmer about the new condos that have been built on Minnesota Street. Zimmer stated
that he spoke with Mr. Petters and Mr. Degiovanni prior to building and advised them to remember the
area in which they are building. Those that are purchasing those condos know where they are living.
Frank stated that the Police Chief will speak against the extension of hours and questioned how Zimmer
would react to the Police Chief. Zimmer stated that there must be a way to make this work. He questioned
how it is done in other cities. If it were not a good idea, the state would not have authorized the extension
of the bar hours.
Mark Loso, owner of the Main street Pub, addressed the Council in favor as well. He stated that they
would take advantage of the extension three days per week. Loso stated that they would like a level
playing field with the areas surrounding St. Joseph. He added that they would like a chance to make a
living as well.
Mike Connelly, approached the Council as the Dean of Students on behalf of St. John's. According to
Connelly, they have no opinion on the matter. They were pleased to be notified of the proposed change.
Although they are not in favor or opposed, he asked that the Council consider the implications of the
possible extension to include:
• Increased nuisances
~ Change in bus schedule
• Additional time to consume alcohol
The bar owners may not see an economic impact as people will arrive later spending the same amount of
time in the bar as if they were open until 1AM. He added that the Council should keep public safety in
mind and look at the cost of additional police officers.
In response to comments made by Connelly, Zimmer stated that they have other clientele other than
students. In a recent article done by the St Cloud Times, he stated that neither he nor Loso were
contacted. Their establishment is more than a "college hangout". Frank questioned whether Zimmer
believes that they will come out ahead with the extension of the hours to which he stated that they would.
He added that they plan to stay open until 2AM only on Friday and Saturday evenings.
Richard Crawford, 15 Minnesota Street E, stated that he recently purchased one of the lofts along
Minnesota Street. He stated that he has had no complaints with the bar owners. He knew there were bars
there when he purchased his loft and although his choice would be to have them close at 1AM, he
understands their needs. He suggested that the City get involved with a neighborhood watch program.
Rassier closed the public hearing and re-opened it for Council discussion.
Weyrens stated that Chief Jansky did some research on the proposed 2AM bar closing. Jansky stated
that all five neighboring cities have the 2AM bar closing. He spoke to St. Cloud Police Chief Ballantine
regarding the affect on the City of St. Joseph. Like St. Joseph, St. Cloud has a large education institution
within the corporate limits and have similar problems. Ballantine stated that they only affect they have
noticed is that the nuisance calls are backed up one hour.
He also spoke with the Police Chiefs from Northfield, St. Peter and Mankato as they also have Colleges.
Northfield and St. Peter do not have the 2AM bar closing; however, Mankato does. Jansky reported that
they have similar problems as St. Joseph as we are unique in that we have students who are residents
for only nine months out of the year. They are young and like to have a good time. In Mankato, they have
seen an increase in the blood alcohol levels and calls are coming in later resulting in shift changes for the
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Police Department. St. Peter is working with Gustavus as they do not want their image to be about
alcohol. He added that Northfield will be addressing this issue in the future.
Jansky stated that he is concerned about the businesses in St. Joseph and is open-minded when it
comes to alcohol; however, he stated that he has some issues:
• Limited resources in the Police Department.
• The number of special events throughout the year have increased and grown over the years.
Currently, the schedule for the Police Officers has a shift change at 7AM and 5PM. Jansky stated that he
is concerned about the resources and costs. Rassier questioned whether the schedule could be adjusted
on weekends and holidays to accommodate the 2AM bar closing. Jansky replied that they sometimes
have three officers working until 3AM, but not all the time. This gives their department limited resources to
handle other calls that come into the department. He reminded the Council that they are not going to
receive any new officers in 2009.
Wick questioned Jansky to whether or not they have been fining those for serving intoxicating persons.
Zimmer explained that the intoxicating person may not have been served in their establishment; rather
somewhere else or someone else may have purchased the alcohol for them. Jansky stated that he
cannot put an officer in the bars to control that.
Schultz questioned Jansky as to the number of noise violations occurring after 1AM. Jansky responded
that their reporting system does not allow them to break violations down by time of day; however, he
stated that most violations tend to occur between 10-11:30PM and 1:30-2:30AM.
Frank addressed the issue of the bus schedule for St. John's University. Jansky stated that in the past,
students would mitigate through the neighborhoods. In the 1980's, the College began to offer the bus
system as students had no way to get back to campus and they would hitchhike along CR75. Frank
questioned what would happen if they choose not to extend the bus schedule. Jansky advised Frank that
people will find a way back to campus somehow.
Jim Schuman approached the Council on behalf of the College of St. Benedict. Currently, the last bus
runs at 2AM, but he said that they would probably extend the bus hours. He also advised the Council not
to make their decision based on the Colleges. The extension of the bar hours would only push the noise
back one hour. He also stated that less 1/3 of the students are of legal age to drink. According to
Schuman, they will adapt to provide safety for the students. On behalf of the College, he stated that they
are willing to provide ID readers to the bars if they are willing to use them. He advised the bar owners that
South Dakota is the license of choice for students who are underage. Rassier questioned when they
expect to have all students living on campus. Terhaar advised the Council that they plan to have a new
building ready for students in 2012.
Rassier closed the public hearing.
Wick stated that he was looking for input; however, he is not ready to vote on this issue as he has some
questions.
1. Limited days -The State Statute does not limit the permit to a certain number of days per week.
He questioned how the City could limit those days and whether it could be done through
Ordinance.
2. Institutions - He stated that the City should look at the matrix and give preauthorization for such a
permit. If there are too many violations, they would lose their license.
Frank stated that the Mankato fee schedule is higher and more detailed than St. Joseph.
Schultz questioned Thene as to having vehicles off of the streets by 2AM. Thene stated that they do not
want to have vehicles on the streets past 2AM as they do not the snowplows to compete with vehicles
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leaving the bars. Weyrens suggested leaving the 2AM in place rather than changing the Ordinance.
Thene stated that most of the bars are on Minnesota Street and that is the first to be cleared.
Rassier stated that the City has some rights to be restrictive, but there needs to be more discussion. The
department heads would need to deal with issues relating to police protection and snow removal.
Frank stated that these bars are long established businesses; however, he added that the City is trying to
develop the downtown area and this might create a clash between the redevelopment and the existing
businesses. According to Rassier, there is always someone who is unhappy and the City must re-
evaluate this.
Weyrens stated that staff with gather additional information and bring it back for further discussion on.
Park and Trail System: Veronica Anderson, project manager with SEH and Bruce Berghorst with the Park
Board were present to discuss the Park and Trail System Plan for the City. Anderson thanked the Park
Board for all their hard work and she thanked the Community, Planning Commission and City Council for
their input at the open house.
To bring this plan from vision to reality, it begins with the Comprehensive Plan and ends with the Design
Development and Construction Documents. Anderson added that planning is very important. The purpose
of the Park and Trail System Plan is to do the following:
• Provides a picture of the current system -identifies issues and opportunities
• Responds to the needs and desires of community -based on community survey & open house
comments
• Provides evaluation of parks within the system
• Provides vision, mission, goal and policy statements that establish clearly defined guidelines for
developing a beautiful, well maintained and functional park and trail system
• Provides recommendations -general and specific
• Provides cost estimates for short, medium and long-term proposed improvements
According to Anderson, they are on track with the proposed schedule for the project. She stated that the
plan is based on the following trends:
• Population growth
• Age groups
• Household size
• Recreation trends
She explained that a survey was distributed to all the residents and there were 100 surveys received. The
survey contained 16 questions relating to parks and trails. They also took into consideration the current
park system and an evaluation was done for each of the existing parks. The Park Board was able to
develop a vision statement and a mission statement.
• Vision - St. Joseph shall provide an attractive, well-maintained park, open space, and trail system
that is safe and accessible to all community members and that provides a range of active and
passive opportunities for diverse and changing recreation needs.
• Mission - To plan, develop, preserve, improve, and maintain our City's parkland for a balanced
and diverse park and trail system.
Anderson also explained the plan's goals, objectives and policies.
Anderson advised the Council that several of the parks were reclassified. Based on the new
classifications, she stated that the City has a deficit of community parks and neighborhood parks. She
then provided the Council with a look at the proposed park and trail system plan as well as a sample park
concept for Cloverdale Park. Along with the concept plan, she presented a concept cost estimate for the
park. Lastly, she provided the Council with a plan for the implementation of the plan.
Anderson stated that the next steps include:
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1. Public Hearing on Draft Park and Trail System Plan
2. Finalize Plan
3. City Council Adopts Park and Trail System Plan
4. Implementing Plan
Schultz questioned Anderson as to how concrete the proposed plan is. She responded by stating that it is
what the Park Board would like to see, but changes can be made. The Plan gives the City a general idea
for each park.
Berghorst stated that the plan gives the City an idea of what can be done in the parks. Frank questioned if
there are any plans for a dog park to which Berghorst said there is. Frank added that he has never heard
of a meditation park. He also stated that there is no place in St. Joseph where "kids can be kids". The City
should leave more green space. Berghorst replied that Centennial, Memorial and Millstream parks all
have open space. According to Frank, the City tends to over plan its activities. Anderson stated that this
should be used as a tool for along-term vision of the City. Frank also questioned if there is anything
unique about the City. Anderson stated that she was pleased to see that residents are really interested in
trails, nature and walking.
Wick addressed minor corrections in the draft document. He also addressed some questions relating to
comments from the open house. The survey results showed an expressed interest in a splash pad. Wick
questioned why no water park was included in the plan. Anderson stated that the issue of an aquatic
center was addressed; however, there is talk of a regional aquatic center in St. Cloud. There was also talk
of a community center with a pool. She stated that water was addressed in many ways. Wick stated that
there is nothing proposed for teens and that should be addressed in the plan.
The Council discussed the proposed date for the Public Hearing as it would be best to have both the City
Council and Park Board present. Weyrens stated that their goal is to have it completed by the end of
December.
PUBLIC WORKS DIRECTOR REPORTS
Energy Analysis: Thene reported that there are two types of energy audits available for the City buildings.
1. Online Energy Assessment -This would be completed in house and is very informal.
2. Onsite Energy Assessment - An energy engineer would come and do an onsite audit of each of
the buildings. ($200 for buildings < 25,000 sq. ft and $300 for buildings > 25,000 sq. ft.) A report
would then be provided to the City along with possible energy conservation projects.
To provide an onsite energy assessment for the City Hall, Fire Hall, Maintenance Shop, Waste Water Lift
Station, Water Filtration Plant and the new Water Filtration Plant, it would cost less than $2,000. Weyrens
stated that the funds could come from the current budget in the operating supplies.
Wick made a motion to approve the onsite energy assessment of the city facilities. The motion
was seconded by Schultz and passed unanimously.
Xcel Energy Peak Controlled Rate: Thene presented the Council with a proposal to participate in the
Zxcel Peak Shave Program. The program involves businesses operating on a generator during peak
demand. The City would be notified of a peak event and the staff would have to place essential facilities
on a generator during a specified period of time. In return for participating, the City will see a reduction in
rates year round. If the City would have participated in the program in 2007, the City could have seen a
savings of $3,636. There may be some increased employee hours associated with the implementation to
shut down the generator after normal working hours; however, the City would still see a savings. There
were some questions relating to the terms of the contract. Wick stated that he does not want to enter into
a contract for a long period of time unless we see savings. Thene stated that he would gather more
information on the terms of the contract. Weyrens stated that it would be brought back at a later date for
Council approval.
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CAPx 2020 Update: Thene reported that he talked with Don Schultz regarding the CAPx 2020 power line.
In the first quarter of 2009, they plan to file the application with the State. They are having difficulties in
identifying the route through Avon and St. Joseph.
MnWARN: Thene advised the Council that he would like to participate in the MnWARN program which
allows for statewide response in the event of a utility emergency. He stated that there are no costs or
obligations associated with such. It is similar to the mutual aid for the Fire Department. All of the area
cities are joining. It would benefit the City in the event of an emergency due to a natural disaster. Rassier
questioned how wages would be paid. Bartlett stated that the wages would be reimbursable costs. She
added that the City would.only need to account for equipment liability. Wick stated that he would like to
see the agreement before Council approval. He would also like a procedure to be set prior to an
emergency which gives staff the approval to go before a meeting of the City Council. Schultz questioned
who the emergency director is for the City to which he was told that Chief Jansky would be responsible if
an emergency were to happen in St. Joseph. Weyrens stated that a copy of the agreement and the
resolution will be brought back to the Council for approval.
POLICE CHIEF REPORTS
Monthly Report: The monthly report was presented as FYI.
Based on the report, Frank questioned whether there are simply more cases of liquor on the streets or
urinating in public than normal. Jansky replied that the number tends to rise and fall depending on which
class(es) are coming through at the College. The rise and fall also relates to temperatures. He added that
this year, he sees the City being challenged by the students. Their department has received a $1,250
grant to help with enforcement costs for spring.
Mailboxes: Frank questioned if the USPS gets involved with the recent issues with mailboxes. Jansky
stated that they would not generally get involved with those types of issues. He added that Crime
Stoppers, the Police Department and the Colleges are working on this. According to Jansky, these types
of crimes are not always committed by residents.
Neighborhood Watch Program: Schultz stated that he has heard of the City of Minneapolis requesting
funds from the State to fund a neighborhood watch program. Jansky replied that he has not heard of this,
but stated he would look into the possibility of funding for such.
MAYOR REPORTS+
North Star Commuter Rail: Rassier advised the Council that he received a letter as to where they are at
and where they are going. He stated it will be a while before it gets this far.
Upcoming Election: Rassier stressed that is important for residents to express their opinions and they
should be informed and get out and vote.
SYMAN I ETZ
COUNCIL REPORTS
St. Cloud Area Joint Cities Meeting: Symanietz reported that she attended the Joint Cities meeting at
which they discussed the Waste Water Treatment Plant. She gave information to Weyrens which shows
the flow of the wastewater through the area.
APO: Symanietz stated that she attended the APO Meeting. They discussed the 2030 transportation plan.
She provided Weyrens with information relating to projected areas for transportation and new
development.
WICK - No Report
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SCHULTZ
Stearns County 5-year Road Plan: Schultz reported that the Stearns County five year road plan includes:
realignment of CR 2; reconstruction of CR 51; trail construction along CR 51; and a corridor study in Cold
Spring similar to that of Field Street.
District 742 School Levy: Schultz urged residents to consider supporting the District 742 School Levy as
the district invested into our community by building the new elementary school.
FRANK
Meetings: Frank stated that he attended the APO Meeting as well as the Central Minnesota League of
Cities Meeting. At the CMLC meeting in Sauk Rapids, they discussed the sewer and waste water.
ADMINISTRATOR REPORTS
Special Use Permit: Weyrens stated that the College of St. Benedict is requesting to construct a bus
shelte- r on 3~` Avenue NW at the main entrance to the College. The Planning Commission originally
looked at either the rezoning of the property to allow for the construction of the shelter or a possible
special use permit. The Planning Commission denied a request for rezoning and suggested that they
apply for the special use permit. Frank stated that the City may see more of these types of shelters in the
future. Wick clarified that it will be constructed out of the right-of-way.
The Planning Commission conducted a public hearing on October 6, 2008 to consider the Special Use
Permit. It was a unanimous recommendation of the Planning Commission to recommend the Council
issue a Special Use Permit to the College of St. Benedict to allow the construction of a bus shelter on 3rd
Avenue NW. The property where the shelter will be housed is owned by the College of St. Benedict. The
only contingency of the Planning Commission is that the shelter must be outside of the right-of-way.
Schultz made a motion to approve the special use permit to the College of St. Benedict to allow
for the construction of the bus shelter on 3'~ Avenue, provided the shelter is not located within the
right-of-way. The motion was seconded by Symanietz and passed unanimously.
Christmas Decorations: Weyrens stated that the Fire Department is looking to replace the Christmas
decorations hanging over Minnesota Street as well as the bells. The estimated cost of the decorations is
$8,000 with $3,000 coming from the Jaycees, $4,000 from the City and the remaining $1,000 from the
Chamber. Weyrens stated that the Jaycees are requesting that they be allowed to pay 2 of the $3,000 to
be payable in 2009. Frank questioned what kinds of lights will be purchased. Rassier stated they will be
LED.
Symanietz made a motion to approve the financing for the Christmas decorations. The motion was
seconded by Schultz and passed unanimously.
Premise Permit: Weyrens reported that, in 2007, the Council approved the premise permit for the St.
Cloud Boxer's Club for lawful gambling at the Trobec's Event Center. Since then, they have discontinued
their permit as Trobec's Event Center was only open for special events. They are now requesting a
premise permit to have pull tabs at the Stonehouse.
Frank made a motion to accept the lawful gambling premise permit for the St. Cloud Boxer's Club
to allow lawful gambling at the Stonehouse Tavern 8~ Eatery. The motion was seconded by
Symanietz and passed unanimously.
October 16, 2008
Page 9 of 9
Graceview Estates: Weyrens clarified that the Council will be conducting a public hearing on November 6
to consider the issuance of a Special Use Permit, PUD Amendment and Site Plan Approval for S & H
Partnership. The Planning Commission will consider the site plan review on November 3.
Upcoming Meetings:
• October 22 6:OOPM Comprehensive Plan Meeting
• October 20 5:30 PM Budget Meeting
Adjourn: Schultz made a motion to adjourn at 9:40PM. The motion was seconded by Frank and
passed unanimously.
/`~
J dy W rens
A ~ trator