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Home My WebLink About1996 [05] May 02 {Book 09} ~/e- rÁ CITY OF ST. JOSEPH _'\ J / - CITY COUNCIL MEETING 21 First Avenue NW May 2, 1996 - 7:00 P.M. p.o. Box 668, St. Joseph, MN 56374 (612) 363-7201 AGENDA Fax: 363-0342 1. Call to Order MAYOR 2. Approve Agenda Donald "Bud" Reber 3. CONSENT AGENDA a) Minutes April 17 and April 18. CLEHKI b) Ordinance 38 - Senior & Disability Ass'mt Deferral ADMINISTHATOR c) Fire & Rescue Mutual Aid Agreement Rachel Stapleton d) Application for Payment #2, M.C. Magney e) Salls Outdoor Events Approval and Rescheduling f) Telecommunications Con~erence COUNCILOHS g) American Legion Gambling License Renewal Ross Rieke Bob Loso 4. PUBLIC COMMENTS Ken Hiemenz Cory Ehlert 5. Bills Payable & Overtime and Callouts . 6. Mayor Reports 7 . Council Reports 8. 7:30 P.M. - 1995 Audit Report . 9. Department Head Reports 10. Recess 11. Clerk/Administrator Reports a) Community Events Sign Proposal b) Rent upstairs of City Hall Annex to business c) EDA Members d) St. Augusta Landfill Settlement e) Nuisance Ordinance. f) Weed Ordinance g) Other Matters of Concern 12. 8:30 p.m. - East Minnesota Street Sidewalks 13. 8:45 P.M. Continue Public Hearing for Alley Vacation 14. 9:00 p.m. Resident Parking Problem - Thomas Montury . 15. Adjourn ".. _.~ v~ CITY OF ST. JOSEPH - MEMORANDUM 21 First Avenue NW P.O. Box 668, Date: April 30, 1996 St. Joseph, MN 56374 (612) 363-7201 From: Rachel Stapleton Fax: 363-0342 To: Honorable Mayor and Members of the Council MAYOR Donald "Bud" Reher Subject: Council meeting May 2, 1996 ------------------------------------------------------ CLEHK! 3 . CONSENT AGENDA ADMINISTHATOH a) No corrections were received. Rachel Stapleton b) Ordinance 38 - Senior & Disability Assessment Deferral COUNCILOHS - This ordinance was brought before you previously, and deferred because of the $3,000 principal amount limit in Ross Rieke Section 38.7. John Scherer indicated this amount may be Bob Loso changed but did not recommend reducing it much. Ken Hiemenz Cory EhJert C) Fire & Rescue Mutual Aid Agreement has some minor . changes from the previous agreement. d) Application for Number 2, Payment to M.C. Magney Construction, Inc. for the water treatment facility of $52,439.05 has been submitted and approved by Jim Norton from SEH, the engineer for this project (copy enclosed). e) Salls Outdoor Events Approval and Rescheduling - Outdoor liquor events need Council approval by motion. Council has previously approved the May 11 and May 17 events by motion. Including these events in the consent agenda will approve the date changes and events as follows and require contact with the Chief of Police for security: Previous approval for a wrestling event May 5 has been rescheduled for May 17 hours from 7 to 10 with out door liquor, and music associated with the wrestling events. Approval is for date change. The previously approved May 11 event with Johnny Holmes has been rescheduled to May 26 with outdoor music and liquor from 8 until midnight. May 11 event previously was from noon to midnight - approval but music will be from 5 pm or 6 pm. -- f) I am requesting approval to attend the Minnesota Telecommunications Conference in Bloomington May 22. ",' , -' -' Registration fee of $95 is waived because I am a member of the IISAC Board. g) Copy enclosed. 8. Dave Hinnenkamp and Jennifer Thienes of Kern, Dewenter, Viere will present the 1995 Audit report. 11 a. Enclosed in your packet is information and proposed contracts for the Community 'Events sign. The contract provides an allowance for another sign (CSB) should they decide they would like one. b. We had a request to rent the upstairs of City Hall Annex to a business. Are you interested in considering this use? c. Joe Fitzgerald was recommended as an environmentalist to be on the EDA Board. d, e, and f. Information in your packet. . 14. Thomas Montury lives at 407 First Avenue NE and is complaining about parking problems in the area. He stated he is unable to park in front of his residence because residents of the Cedar Villas park along his street. He would like something worked out to allow him to park in front of his residence. Jim Kacures also called complaining of no available parking for customers of Floral Arts. . - ~ , Pursuant to due notice and call thereof, the City Council for the City of St. Joseph met as a Board of Review on Wednesday, April 17, . 1996 at 7:00 p.m. in City Hall, as an extension of the City Clerk's office, to hear concerns of values placed on individual properties for taxable purposes. MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Bob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton; County Assessor Robert Lindvall, City Assessor Ollie Lesnick. OTHERS PRESENT: Jim Bruemmer, Jim Schwagel, Kevin Determan, Albert & Colleen Kuebelbeck. REQUESTS FOR CONSIDERATION: The following persons appeared before the Board of Review and made the following requests. JIM BRUEMMER (84.53779.000) felt his house is not worth the value placed on it ($55,000 which includes an increase of $1,400). Lesnick increased the prQperty value of all the properties in the area to reflect market válue derived from sales. Mr. Bruemmer did not have ëiny' documents to render an opinion of value on the property. Cory Ehlert arri~ed at 7:G5.p.m. tIÞ KEVIN DETERMAN (84.86503.007) requested an increase in the value on his mobile home. He stated he has made improvements worth about $300. Bob Lindvall indicated mobile home valuations are County responsibility and would would be comfortable with an increase of $200 added to the listed value of $3,000. JIM SCHWAGEL (84.53886.000 - former Creamery Apartments) questioned the role rental income plays in the valuation. Lesnick stated rental income is considered along with the market value of the property. Schwagel paid $145,000 for the property and has made considerable improvements. Schwagel is requesting the value be reduced from $176,700 to $155,700 because the appliances should be deducted as personal property. ALBERT & COLLEEN KUEBELBECK questioned the status of designating their property homestead and notification to the escrow agent for their mortgage company. (It is designated homestead, and Lindvall will assist them in getting the notifications processed. Letters requesting consideration were received from the following persons. BRIAN ORCUTT (53790.035) requested a review of his property at 128 13th Avenue SE. It currently is valued at $158,900. Lesnick tIÞ Page 1 i , stated Orcutt had contacted him and stated the appraised value on the property is $158,500. Lesnick indicated a reduction could be . allowed because the property is over 100% of the market value and over built for the area. He would ask consideration for the value of $152,000 on the property. MICHAEL J. DEUTZ (84.53854.000) asked to have the classification changed from commercial to non-homestead residential. The property use changed on December 1, 1995. TERRY SCHMID requested the value of lots in Northland be reconsidered. Lesnick indicated lots sold in Northland which are similar in size, have had varying market values when sold. Lesnick appraised them by size. BOARD OF REVIEW DECISIONS: Loso made a motion to adopt the following valuations and changes to valuations for the 1996 assessment; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. JIM BRUEMMER (84.53779.000) Value of $55,000 - No change. KEVIN DETERMAN (84.86503.007) Increase value to $3,200. JIM SCHWAGEL (84.53886.000 Decrease property to $166,700 allowing . for personal property. ALBERT & COLLEEN KUEBELBECK - No decision needed. BRIAN ORCUTT (53790.035) Change to $152,000 (95% of market value). MICHAEL J. DEUTZ (84.53854.000) Change classification from commercial to non-homestead residential. TERRY SCHMID - Lesnick reviewed and reduced the following lots in Northland Addition as indicated (those valued over $20,000). 53734.100 53734.101 53734.102 53734.103 53734.104 53734.114 53734.115 53734.118 53734.119 53734.120 53734.121 53734.122 Page 2 . .. . . ~ . . . 53734.125 53734.127 53734.131 Loso made a motion to adjourn the Board of Review at 8:50 p.m.; seconded by Hiemenz. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Rachel Stapleton Clerk/Administrator . - - Page 3 · , 4IJ Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 18, 1996 at 7:00 P.M. in the City Hall. MEMBERS PRESENT: Mayor Donald Bud Reber; Councilors Ross Rieke, Bob Loso, Ken Hiemenz, Cory Ehlert; Clerk/Administrator Rachel Stapleton. OTHERS PRESENT: Judy Weyrens, John Scherer, Mike Hazen, Bob Wahlstrom, Ellen Wahlstrom, Steve Streng, Jim Graeve, Mary Ann Graeve, Fred Reber, Jean Gustin, Gage Dennison, Taryn Kocian. Mayor Reber called the meeting to order at 7:00 P.M. with Councilors Rieke, Loso, Ehlert and Hiemenz present. AGENDA: Loso made a motion to approve the agenda; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. PUBLIC HEARING - ECONOMIC DEVELOPMENT AUTHORITY: Mayor Reber opened the public hearing to receive questions and comments from the public, concerning establishing an Economic Development Authority. Hiemenz stated the resolution is patterned after the City of Becker's resolution. The Council may change the resolution at any time by holding a public hearing. tIÞ Loso questioned the powers of an EDA. John Scherer stated the Council may reserve as much authority as it desires. The powers are, as a political body, to acquire property, lease property, accept gifts, and issue bonds except G.O. bonds in their own right. The Council may reserve these powers. The EDA may do TIF and Industrial Revenue Bonds and may ask the Council to levy. A certain number of Council members must sit on the EDA board. Board members would be selected from persons expressing interest. Recommendations from the Star City Commission would also be accepted. Mayor Reber would like to give an opportunity for as many people as possible to be on the Board, although it should not be too large to function well. Hiemenz stated an advisory board may be set up that may have a greater mix of individuals. Rieke recommended reviewing the size of the Board after a test period of time. It could be increased at the review time after holding a public hearing. Loso stated the Council may act as the EDA board with a subsidiary advisory committee. Establishing an EDA is creating another body, which in turn could cause a problem between the Council and the EDA. Hiemenz stated the Star City Commission felt strongly that the EDA Board should not be the Council. Also the terms of the EDA Board members are six years. Be aware this is a long commitment for board members. - -- Page 1 ~ . , . Ellen Wahlstrom questioned the EDA I S role in relation to the Planning Commission. John Scherer explained zoning and land use issues are Planning Commission responsibilities. The EDA I S role is to bring in development. They will still have to comply with zoning issues. Wahlstrom questioned if a member of the Planning Commission should be on the EDA. Scherer responded not necessarily. Wahlstrom further questioned the mechanics of the EDA and subsidiary committee. She also recommended having an environmentalist on the EDA Board and asked if there was one on the Planning Commission or if the Planning Commission reviews environmental issues. Ehlert responded the Planning Commission reviews environmental issues as they come before them along with other issues. Scherer stated the Planning Commission reviews plats for noise, drainage, aesthetics, etc. Mike Hazen stated he is a community member of the Star City Commission, whose mission statement includes lito bring environmentally friendly business or industry to the City and Community. II He invited Wahlstrom to attend Star City Commission meetings. Hiemenz stated when he was on the Planning Commission the Board expressed environmental concerns for issues as they came up. .~ Mike Hazen stated when the Star City Commission met with Gerry Wenner of DTED he recommended the City Council not be the EDA Board. He also recommended if an EDA Director is hired, this individual should only serve st. Joseph in this capacity. Mayor Reber indicated the St. Cloud Area Economic Development Partnership, of which the City is a member, has recently adopted a code of ethics. If a director would serve more than one City a similar code of ethics could be used. Hiemenz made a motion to adopt the resolution establishing an Economic Development Authority for the City of st. Joseph; seconded by Ehlert. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: Loso. Motion carried. Mayor Reber closed the hearing. PUBLIC COMMENTS: 1) Taryn Kocian and Gage Dennison appeared before the Council to request blocking off Ash Street for a party. There are several rental houses on Ash Street in the 100 East Ash Street block and would like to have a daytime party. They were willing to talk to the neighbors and fence the area. John Scherer advised them selling alcohol or allowing underage drinking is not legal. He also advised emergency situations in the neighborhood could cause liability. -- Kocian and Dennison stated their alternate plan is to hold the party in the back yard. They were advised to contact the neighbors and keep in mind the -- noise ordinance, to which they agreed. Page 2 - Ehlert made a motion to deny the request to close the street; seconded . Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 2 ) Mike Hazen stated in line skaters are out in force. Skaters were three abreast on East Minnesota Street recently and would not move to the side to let him pass. He recommended a notice be published in the school papers asking skaters to move over. City Attorney John Scherer will look into this matter. Rieke expressed a need to have a place for roller blades, bikes etc. such as the proposed park to park trail. Ehlert recommended providing education and friendly common courtesy beforf ordinance regulation is considered. CONSENT AGENDA: Hiemenz made a motion to approve the Consent Agenda a; follows; seconded by Loso. 1. Minutes of the April 4, 1996 Council meeting as corrected. 2. Application for payment Number One to M.C. Magney Construction, Inc. for the Water Treatment Facility of $35,876.75. 3. The Engineering rate schedule for Short Elliot Hendrickson, In. effective April 1, 1996 as submitted. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. BILLS PAYABLE: Deputy Clerk Judy Weyrens presented the bills payable. Aft, short discussion Loso made a motion to approve the bills payable che numbers 22322 - 22351; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Loso made a motion to approve the overtime and callouts as presente seconded by Rieke. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. TREASURER'S REPORT: Deputy Clerk Judy Weyrens presented the first quart 1996 Treasurer's report and recommended establishing a construction fl (414) for the Water Treatment Facility project. Loso made a motion establish the fund as recommended; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. After short discussion of previous budget overages Hiemenz made a motion accept the report as presented; seconded by Loso. - - Page 3 .. ~ . ~ Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. MAYOR'S REPORT: 1) The Mayor met with Rob Schwegel concerning the construction of the monument for the rededication of Morningside Park. Mayor Reber offered to form the base for it. Needed will be concrete and washed sand, along with one maintenance worker to work three days with the artist constructing the monument out of field stone. Loso made a motion to approve the materials and maintenance worker as requested; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. COUNCILORS REPORT RIEKE: 1) The CORE Committee met and received the Community Day report and discussed plans for next year. College representatives were in attendance to discuss plans for Pinestock. 2) Rieke thanked the Council for the honor of attending the Chiefs of Police conference award ceremony and the honoring of Brian Klinefelter with the Medal of Honor posthumously. He stated this was truly an honor and our City was well represented by the Officials in attendance. EHLERT: 1) Two student workers from St. John's have been approved for -- funding through the program this year. Efforts will be made to get a third position funded through the program. Ehlert made a motion to hire Aaron -- Reznechek, Charles Mehr, and Brandon Schneider for the summer job positions, forty hour weeks, with the wages determined by the funding program. The motion was seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, 'Ehlert. Nayes: None. Motion carried. 2) During the planning phase of the HRA homes, the Cedar Village Town Home Association expressed concern about future residents of the adjoining HRA homes using the Town Homes private driveway. This is now happening and the Town Home Association would like to put up a fence. John Scherer recommended the Town Home follow usual procedure for installing a fence, to contact the building official for a permit. 3) Residents on Third Avenue NE would like to have Third Avenue NE by their property looked at for improvement. Currently this area is not a street constructed to standards, but functions as an alley. LOSO: 1) The St. Joseph Recreational Association would like to have the City provide payroll services for their employee for Millstream Park. The Association will reimburse the City for all costs incurred. Loso made a motion to provide this service as requested; seconded by Ehlert. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. -- 2) Loso recommended establishing a procedure to receive information on -- proposed projects from affected property owners prior to the planning stage, Page 4 ~ and to receive requests for improvements or services prior to the bUdgeti~~ process. He proposed setting a meeting date to receive requests and commen ~ and providing information on the effect the projects will have on property taxes. Notice could be sent to affected property owners along with information and a request for input. After short discussion Council req~ested Loso to compile a plan and bring it back to the Council. HIEMENZ: The star City Commission will be reviewing the Star City package and revising a couple items prior to submission of the full application. Portions of the marketing aspects need to be finalized. RIEKE: Rieke recommended the Council drive our city at night, noticing the level of street lighting, and consider if it is the correct level. Mayor Reber recommended reacting to people's requests, because some people do not want more light by their property. CITY ATTORNEY REPORTS: John Scherer reported 1) the Council had asked for a recommendation on a request to reimburse Kevin and JoAnn Evens attorney fees. He stated the City is not authorized to make that type of payment. Loso made a motion to accept the recommendation of the City Attorney and deny the request for reimbursement of Kevin and JoAnn Evens, for their legal fees; seconded by Ehlert. Ayes: Reber, Loso, Hiemenz, Ehlert. Nayes: None. Rieke abstained. Motion carried. 2) The model nuisance ordinance was reviewed by Scherer and recommendatio~ will be sent in a letter. He felt portions of it would be hard to enforc 3) Tom Jovanovich of Scherer's office will be making a recommendation on the St. Augusta landfill issue. 4 ) The weed control ordinance could be amended to make some allowances that are not controlled by state statute. Information will be sent on this matter. Loso made a motion to recess for ten minutes at 8:40 p.m; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Mayor Reber reconvened the meeting at 8:50 p.m. ST. JOSEPH POLICE OFFICERS FEDERATION: Rieke discussed the negotiations with the Police Officers and they are accepting of the revised pay scale along with each officer's placement on it. He recommended leaving the uniform aIIO'.·¡ance issue as it currently is. He advised the Council that Officer Young had noted an error in the vacation allowances in the contract and praised him for recommending and allowing a correction from "days" to "hours'I without contention. The Council also discussed the status of payment for gloves. Mayor Reber recommended gloves be part of the initial issue. Rieke moved to modify the motion of February 15, allowing the gloves purchased February 1st be part of the original uniform issue for those officers .-. ê -- Page 5 .. ~ .... .. .hence forth gloves shall be part of the initial uniform issue. The motion was seconded by Reber. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: Loso. Motion carried. Rieke recommended changing article ¡0.01 of the contract to include gloves as part of the initial uniform issue. Loso stated he would like the resolution of January 4 allowing $500 uniform allowance per officer per year, charging the uniforms to the City, be included under 15.2 of the contract. Rieke stated they felt there are enough issues in front this year, and if the uniform issue is asked for reconsideration in a future year the documentation issue will have to be faced. Hiemenz made a motion to adopt the contract as presented; seconded by Rieke. Ayes: Reber, Rieke, Hiemenz, Ehlert. Nayes: Loso. Motion carried. Council generally agreed employees will move up a step on their anniversary date. tlÞCLERK/ADMINISTRATOR REPORTS: 1) County Road 134, East Minnesota Street, is on the County Board agenda on April 23 at 1:30 p.m. for their consideration. 2) Todd Fultz is requesting the following changes and permits for his proposed events. i May 11 - Originally the Council approved an outdoor liquor permit with Johnny Holmes. Small bands will be substituted for this event with hours and security to be the same. May 17 - A wrestling event has been rescheduled to May 17, from 7:00 p.m. to 9:00 p.m. Security will meet the requirements of the Police Chief. May 26 - Johnny Holmes. Outdoor liquor permit as originally scheduled. Security will meet the requirements of the Police Chief. .'.- ." Council requested Fultz work with the Police Chief on security and control. The Council reserved the right to reconsider any event following an event causing problems. 3) The compost area may open April 26 - April 27. We are in need of another attendant. Mayor recommended putting an ad in the St. Joseph Newsleader. 4) Complaints of a semi-truck in a residential zone were received. The owner ~ of the truck will be notified. ~ Page 6 .. { 5) Consideration of a stop sign coming out of Morningside Park or a four w~ stop sign at the corner of Dale Street East and 10th Street SE was requeste . After short discussion Loso made a motion to install a stop sign on 10th Avenue SE on the south side of Dale Street; seconded by Hiemenz. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. 6 ) The College of St. Benedict has not yet made a decision on a second community events sign. Rich Feneis asked how the Council wished to proceed. Council was in general agreement to move forward with allowances for a possible second sign, and have materials prepared for Council consideration. 8) Spring cleanup has brought some complaints of trash being hauled into the City from other areas. Council discussed various methods of control, and possibility of enforcing them. Criminal penalty, identifiers of trash such as stickers to be placed on it was considered. No action taken. ADJOURN: Hiemenz made a motion to adjourn at 9:43 p.m.; seconded by Loso. Ayes: Reber, Rieke, Loso, Hiemenz, Ehlert. Nayes: None. Motion carried. Rachel Stapleton Clerk/Administrator . --- ...- Page 7 ; . The City Council for the City of St. Joseph HEREBY ORDAINS: ORDINANCE 38: SENIOR AND DISABILITY ASSESSMENT DEFERRAL Section 38.1: Purpose. It is the purpose and intent of this Ordinance to establish a policy and procedure for the deference of payment of special assessments for homestead property owned by a person 65 years of age or older, or retired from gainful employment because of a permanent disability, and for whom payment would constitute an unreasonable hardship. Section 38.2: Authority. This Ordinance is enacted in accordance with the authority granted by Minnesota Statute Sees. 435.193 - 435.195 Section 38.3: Definitions. As used herein, the following terms have the following meaning: Subd. 1: "Owner" is any natural person with at least a 50 percent interest in the legal or equitable title to a parcel of real property. - Subd. 2: "Homestead" is the house occupied by an Owner and used by the Owner as his or - her principal dwelling place, together with the land upon which it is situated, not to exceed forty acres. S':lbd.3: "Disabled Owner" is an Owner who has been determined to have a disability for purposes of the receipt of Social Security Benefits in accordance with the rules and procedures set forth in 42 USC § 421. Section 38.4: Authorization to Defer. An assessment for a public improvement of homestead property of which the Owner is age 65 or older or a Disabled Owner, may be deferred by the City upon a finding that the payment of the assessment would impose an unreasonable financial hardship on the Owner. Section 38.5: Deferral Process. An Owner seeking deferral shall make application on forms prescribed by the Stearns County Auditor. Upon application, the Owner shall complete a financial disclosure form. Based upon the information set forth therein, the City Council shall make a finding as to financial hardship and grant or deny the deferment. The City Clerk shall advise the County Auditor of any deferments granted by the City. The application for deferral shall be submitted no later than September 1st of the year before which the assessments are due. Section 38.6: Interest. Interest shall accrue on the principal amount of any deferred assessment at the same rate established for the assessment, as if no deferment was granted. Section 38.7: Assessment Not Subject to Deferral. Assessments in a total principal amount --- of Three Thousand and no/100 ($3,000.00) Dollars or less shall not be subject to deferral. " Section 38.8: Financial Hardship. The assessment shall be considered to cause an . unreasonable financial hardship if the City determines that any of the following circumstances exist: Subd. 1: The average annual principal and interest payment which will be due on the assessment is in excess of three (3%) percent of the combined annual income of the Owner and all adults residing at the property with the Owner; or Subd. 2: Exceptional and unusual circumstances, which will force the Owner to make an involuntary and unplanned expenditure of assets, including but not limited to, uninsured medical expenses for a major illness or uninsured loss or destruction of the Owner's house, or the accumulation of prior assessments currently payable. Section 38.9: Termination of Deferral. The deferral of assessments shall terminate, and the mature assessment principal payments and accrued interest shall become due and payable, upon the occurrence of any of the following events: Subd. 1: The death of the Owner, provided that the Owner's spouse is not otherwise eligible for deferment. Subd. 2: The sale, transfer or subdivision of the property, or any part thereof. Subd. 3: If the property no longer qualifies as the Owner's Homestead, or Subd. 4: If the City determines that financial hardship no longer exists. .- Section 38.10 Adoption of Statutes. The provisions of this Ordinance shall be construed - in accordance with Minn. Stat. § 435,191 - § 435.195. The provisions of these statutes are adopted hereby, as if fully set forth herein, subject to any modification contained herein. This Ordinance Amendment is passed this _ day of , 1996, by the City Council for the City of St. Joseph. Clerk/Administrator Mayor 1-I:\n \city\stjoe\aro=ó.2S1 - - . . . · AGREEMENT - CENTRAL MINNESOTA FIRE AID ASSOCIATION THIS AGREEMENT, made and entered into by and between the followingfire departments and governmental units: Sartell, St. Stephen, St. Joseph, St. Cloud, St. John's University, Sauk Rapids, Waite Park, Rockville, Rice, Cold Spring, Clear Lake, Clearwater, and Avon. WHEREAS the said municipalities and fire departments desire to make available to each other their respective emergency equipment and fire fighting personnel in the case of emergencies, and each of said municipalities and fire departments has legal authority to send its emergency equipment and fire fighting personnel into other communities, NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: · That in consideration of the mutual covenants, agreements, and undertakings hereinafter set forth, each of the parties hereto agrees to furnish emergency assistance to any of the others when called upon by the fire chief or fire department officer in charge of any of the otherparties hereto, subject to the following conditions, to-wit: 1. That road and weather conditions must be such that the emergency run can be made with reasonable safety to firefighting personnel and equipment, and the decision of the fire chief, or other fire department officer in charge, shall be final in such matters. 2. That in the event all of the emergency equipment and all or most of the fire fighting personnel of the fire department of any community so called upon for emergency assistance by one of the other parties hereto are in use in said community at the time the call comes in from the other · party, or in the discretion of the fire chief, or other fire department officer in charge, such emergency equipment or firefighting personnel may be needed in said community, the said , community shall be heldfree and relievedfrom allliabžlity to make said run or to respond to said . call. 3, That in the event emergency equipment and fire fighting personnel of the fire department of any community is engaged in emergency operations for the benefit of the party calling for assistance, or in response to a call from said party, shall be needed for emergency operations or for any other purpose in its own community, that said emergency equipment and the firefighting personnel of said fire department may be recalled to its own community before completing the emergency operations f?r the other party and said assisting party shall be held free from any liability to continue said emergency operations. 4. If one or more situations occurs within the limits of any of the above municipalities, or within the limits of any territory in which any of said municipalities has contracted to furnish . emergency equipment and firefighting personnel, and the emergency equipment or firefighting personnel of any of the municipalities executing this contract is, in thejudgment of the chiefofits fire department, or in his absence his assistant or deputy in charge of its fire department, insufficient to control the situation or situations, an "emergency" shall exist for the purposes of this agreement. 5. If an emergency, as defined in paragraph 4, arises, any of the persons who are entitled by paragraph 4 above to determine an emergency may call upon the fire department of one or more of the municipalities above named for assistance. If all the emergency equipment and firefighting personnel of any of said municipalities is engaged in emergency operations, the chief or comlnanding officer of the fire department of any other such municipality who emergency equipment is not engaged in emergency operations may be requested by the fire chief of the requesting party . to send emergency equipment and fire fighting personnel to the empty fire station to be available for 2 < . , . call if required for any emergency. It is the intention of the parties to this agreement to cooperate in the event of an emergency by making available necessary emergency equipment and firefighting personnel from the nearest fire stations and during such an emergency to rearrange emergency equipment of the parties so as to make the remaining equipment and fire fighting personnel available for use in the event other emergencies shall occur anywhere throughout the territory of these municipalities. 6. Upon receipt of a call for assistance as set forth in paragraph 5, the fire department of any of the parties hereto shall promptly dispatch at least one fire truck or other requested emergency equipment with the usual number of fire fighting personnel to assist with the situation which has caused the emergency or to render stand-by service as the case may be, provided that no . fire department of any of said parties shall be obligated to send its emergency equipment or fire fighting personnel beyond its boundaries if to do so would leave such municipality without any emergency equipment or fire fighting personnel available within its limits for service at an emergency which might subsequently arise within. In extreme emergencies, however, every effort will be made to redistribute emergency equipment and firefighting personnel so as to make it available for any additional emergencies which might arise. 7. The emergency equipment and fire fighting personnel of any fire department assisting the fire department of another municipality in an emergency will, immediately upon arrival at the scene of the emergency, be under the command of the fire chief or fire officer in charge for the municipality within whose boundaries the emergency is situated 8. No charge shall be made by any party for assistance rendered to another party under . this agreement. 9. The community asking and receiving assistance from any other party hereto shall not 3 be held liable for any damage to the property of the assisting party while answering the call for · assistance or while in the emergency service of the community requesting assistance; each party shall carry its own liability insurance for the benefit of itself, its equipment, and its fire fighting personnel while in the service of any other party and each party shall carry liability insurance saving both itself and the other party being assisted harmless so far as negligent acts of the fire fighting personnel in the employ of said party are concerned 10. No party to this agreement nor any officer or employee of any party shall be liable to any other party or to any person on account of failure of any party to this agreement to furnish its emergency equipment or firefighting personnel in response to a call for assistance from any other municipality. 11, While each party in answering a call from some other party hereto shall attempt to · furnish a reasonable number of fire fighting personnel on each piece of emergency equipment answering such call, the discretion of the fire chief or other fire department officer in charge of the emergency equipment and department of said party shall be final as to the number of fire fighting personnel that can be spared. 12. That in the event of emergency calls from two or more communities or parties hereto, the first call shall have priority and the second call shall be answered as soon as possible, it being understood between all the parties hereto that property within the limits of each community shall have first call on the services of its own fire department. 13. No liability shall be incurred by a party who shall have summoned assistance under this agreement for damage to, or destruction of, emergency equipment of a party rendering such assistance. · 4 . . . . 14. That the governing body of each party hereto will appoint the Chief of the Fire Department and one representative of the governing body of that community to serve as members of an association formed for the purpose of furthering the purposes of this agreement and increasing the efficiency of the firefighting services of these municipalities by exchange of information, standardization of equipment, education of personnel, perfection of methods of fire alarms throughout the territory of these municipalities and such other matters as will serve to mutually assist these municipalities in the prevention and extinguishment of fires. - 15. A copy of this agreement will be posted at the fire department headquarters of each party hereto. Subject to all of the above conditions, each of the parties hereto agrees to make every reasonable effort to attend emergencies in any of the other communities mentioned herein when . such assistance is requested as above provided 16. This agreement shall be binding on a party upon receipt and filing with the Secretary of the Chiefs Association of a certified copy of this agreement properly executed by said party. 17. Parties to this agreement shall be limited to Cities, Townships, and fire departments located within a 15 mile radius of the St. Cloud City Hall. Application to be included in this agreement must be approved by a majority of the then current parties to this agreement. 18. Any party hereto may withdraw from this agreement by thirty days notice in writing to the others. IN WiTNESS WHEREOF, the parties have caused this agreement to be executed pursuant to . resolutions adopted by their respective governing bodies and have caused their respective seals to be affIXed effective the day and year first above written. 5 In the presence of City of St. Cloud · By By Fire Chief Mayor By By As to City of St. Cloud City Clerk (8 E A L) Date Signed: In the presence of Citý ofSartell By By Fire Chief Mayor · By By As to City of Sartell City Clerk (S E A L) Date Signed In the presence of City of St. Stephen By By Fire Chief Mayor By By As to City of St. Stephen City Clerk (SEA L) Date Signed · . . , · In the presence of' City of St. Joseph BY~,j) ~ .1ffi:.J By Fire Chief Mayor By By As to City of St. Joseph City Clerk (S E A L ) Date Signed In the presence of' City of Sa uk Rapids · By By Fire Chief Mayor By By As to City of Sauk Rapids City Clerk (S E A L) Date Signed In the presence of' City of Waite Park By By Fire Chief Mayor By By · As to City of Waite Park City Clerk (SEA L) Date Signed In the presence of City of Rockville . By By Fire Chief Mayor By By As to City of Rockville City Clerk (S E A L) Date signed In the presence of City of Cold Spring By By Fire Chief Mayor . By By As to City of Cold Spring City Clerk (S E A L) Date Signed In the presence of City of Rice By By Fire Chief Mayor By By As to City of Rice City Clerk (S E A L) Date Signed e - e . . . In the presence of' City of Clear Lake By By Fire Chief Mayor By By As to City of Clear Lake City Clerk (S E A L) Date Signed In the presence of' City of Clearwater By By . Fire Chief Mayor By By As to City of Clearwater City Clerk (SEAL) Date Signed In the presence of' St. John's University By By Fire Chief President By By As to St. John's University Secretary . (S E A L) Date Signed In the presence of City of Avon . By By Fire Chief Mayor By By As to City of Avon City Clerk (S E A L) Date Signed . . . . ~LING PREMISES AUTHORIZATION ACKNOWLEDGMENT THE GAMBLING CONTROL BOARD, OR AGENTS I HEREBY GIVE CONSENT TO LOCAL LAW ENFORCEMENT OFFICERS, OF THE BOARD, OR THE COMMISSIONER OF REVENUE OR PUBLIC SAFETY, OR AGENTS OF THE COMMISSIONERS, TO ENTER THE PREMISES TO ENFORCE THE LAW. BANK RECORDS INFORMATION THE GAMBLING CONTROL BOARD IS AUTHORIZED TO INSPECT THE BANK RECORDS OF THE GAMBLING ACCOUNT WHENEVER NECESSARY TO FULFILL REQUIREMENTS OF CURRENT GAMBLING RULES AND STATUTES. I DECLARE THAT: I HAVE READ THIS APPLICATION AND ALL INFORMATION SUBMITTED TO THE GAMBLING CONTROL BOARD; ALL INFORMATION IS TRUE, ACCURATE AND COMPLETE;; ALL OTHER REQUIRED INFORMATION HAS BEEN FULLY DISCLOSED; I AM THE CHIEF EXECUTIVE OFFICER OF THE ORGANIZATION; I ASSUME FULL RESPONSIBILITY FOR THE FAIR AND LAWFUL OPERATION OF ALL GAMBLING ACTIVITIES TO BE CONDUCTED; I WILL FAMILIARIZE MYSELF WITH THE LAWS OF MINNESOTA GOVERNING LAWFUL GAMBLING AND RULES OF THE GAMBLING CONTROL BOARD AND AGREE, IF ISSUED A PREMISES PERMIT, TO ABIDE THOSE LAWS AND RULES, INCLUDING AMENDMENTS TO THEM; ANY CHANGES IN APPLICATION INFORMATION WILL BE SUBMITTED TO THE GAMBLING CONTROL BOARD AND LOCAL UNIT OF GOVERNMENT WITHIN TEN DAYS OF THE CHANGE; I UNDERSTAND THAT FAILURE TO PROVIDE REQUIRED INFORMATION OR PROVIDING FALSE OR MISLEADING INFORMATION MAY RESULT IN THE DENIAL OR REVOCATION OF THE PREMISES PERMIT. IIIÞATURE OF CHIEF EXECUTIVE OFFICER DATE LOCAL GOVERNMENT ACKNOWLEDGMENT 1. THE CITY* MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN CITY LIMITS. 2. THE COUNTY** AND TOWNSHIP** MUST SIGN THIS APPLICATION IF THE GAMBLING PREMISES IS LOCATED WITHIN A TOWNSHIP. 3. FOR TOWNSHIPS THAT ARE UNORGANIZED OR UNINCORPORATED, THE COUNTY**IS REQUIRED TO ATTACH A LETTER TO THIS APPLICATION INDICATING THE TOWNSHIPS STATUS. .. (CITY OR COUNTY) . 4. THE LOCAL UNIT OF GOVERNMENT MUST PASS A RESOLUTION SPECIFICALLY APPROVING OR DENYING THIS APPLICATION. .:> . A COPY OF THE LOCAL UNIT OF GOVERNMENT'S RESOLUTION APPROVING THIS APPLICATION MUST BE ATTACHED TO THIS APPLICATION. J. IF THIS APPLICATION IS DENIED BY THE LOCAL UNIT OF GOVERNMENT, IT SHOULD NOT BE SUBMITTED TO THE GAMBLING CONTROL BOARD. rOWNSHIP: 3Y SIGNATURE BELOW, THE TOWNSHIP ACKNOWLEDGES THAT THE ORGANIZATION IS APPLYING FOR A JREMISES PERMIT WITHIN TOWNSHIP LIMITS. ~ITY* OR COUNTY** TOWNSHIP * * I TOWNSHIP NAME O~ ~ -j- 3ò.œy' h I RECEIVING APPLICATION I SIGNATURE OF PERSON RECEIVING APPLICATION I rITLE DATE RECEIVED I TITLE DATE RECEIVED !J6.KJÁJ~ . ~ ;)/) lifh I / REFER TO THE CHECKLIST FOR REQUIRED ATTACHMENTS MAIL TO: GAMBLING CONTROL BOARD 1711 W COUNTY RD B - SUITE 300 S Nest STATE OF MINNESOTA IFOR BOARD USE ONLY I GAMBLING CONTROL BOARD I AMT PAID · PREMISES PERMIT RENEWAL APPLICATION I CHECK NO. LG214PPR PRINTED:01/02/96 I DATE LICENSE NUMBER: B-01373-002 EFFECTIVE DATE: 07/01/94 EXPIRATION DATE: 06/30/96 NN1E OF ORGANIZATION: American Legion Post 328 St Joseph GAMBLING PREMISES INFORMATION NN1E OF ESTABLISHMENT WHERE GAMBLING WILL BE CONDUCTED Am Legion Post 328 101 N Minnesota St St Joseph 56374 COUNTY Stearns IS THE PREMISES LOCATED WITHIN THE CITY LIMITS?: Y LESSOR INFORMATION DOES YOUR ORGANIZATION OWN THIS SITE?: Yes IF NO, LIST THE LESSOR: NAÞ1E OF PROPERTY OWNER (WHEN NOT LESSOR) : SQUÞRE FEET PER MONTH: 0 Þ~OUNT PAID FOR RENT PER MONTH: · SQUÞRE FEET PER OCCASION: 0 AMOUNT PAID PER OCCASION: 0 BINGO ACTIVITY BINGO IS CONDUCTED ON THIS PREMISES: No IF YES¡ REFER TO INSTRUCTIONS FOR REQUIRED ATTACHMENT STORAGE ADDRESS 101 W Minnesota St St Joseph MN 56374 BANK INFORMATION 1st State Bank St Joseph Box 159 St Joseph MN 56374 G.='·_f'1BLING BANK ACCOUNT NUMBER: 300290901 ON THE LINES PROVIDED BELOW LIST THE NAME, ADDRESS fu~ TITLE OF AT LEAST TWO PERSONS ~L1EORIZED TO SIGN CHECKS AND MAKE DEPOSITS AND WITHDRAWALS FOR THE GAMBLING ACCOUNT. ~EE ORGANIZATION'S TREASURER MAY NOT HANDLE GAMBLING FUNDS. G~(J T r:r<-- ( ~ (eA- r ê) {j ù'f... ? -f ..J- S~ Jo~?-r f'-/1 N --Sb3'/Y ..--.- w~ 1J-5.- Lf þ-; f1v~ S"r-JÞ-Uf it -1 7.,..-..s7 'Y ~~ SS MN' · (BE SURE TO COMPLETE THE REVERSE SIDE OF THIS APPLICATION) THIS FORM WILL BE MADE AVAILABLE IN ALTERNATIVE FORMAT (I.E. LARGE PRINT, BRAILLE) UPON REQUEST .. j.- ,. t ',. c ..:., .- . FENEI§ ENTERPRISES, INC. -;-tf' BUSINESS DEVELOPMENT AND CONSUL TIN6 4067 PINE POINT ROAD. ST. CLOUD. MN. 56303. PHONE: (612) 251-6130 April 22, 1996 Ms, Rachel Stapleton Clerk! Administrator City of St. Joseph 2 I-First Ave, NW P,O, Box 668 St Joseph, I\.1N 56374 . Dear Ms. Stapleton, As a follow up to our phone conversation on Friday, April 19,1996, I have enclosed the following for your review arid comments: 1. Option II Agreement The following insertions or changes were made to the 10/28/95 document-(Tab 4)- included in . the proposal packet. They are highlighted for ease of comparison. Page 1 - 1995 changed to 1996 - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 2 - New (5) that reads "The sign structure,ßxclusive of the Reader Vision electronic message center and the Action Graphic advertisikg;display portion, are covered with exterior plywood and stained tounge and groovè cedar similar to the Sartell Community Events Sign. The City, at its option, may elect to use an alternate material or finish to cover the sign structure. In that case, Feneis shall pay the city $2,900 which shall be used for this purpose" is included. - Old (5) -New (6) that reads "No landscaping shown on sketch is included'" - b. Advertising Rights "if that option was selected" is added to last sentence - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 3 - d. Warranties (2) (e) has additional language as follows "...the southwest comer of the intersection of CSAH 75 and College Ave. North/County Road 2; adjacent to St. Joe Gas and Bait complex." - f Policy for Businesses to Advertise on Displays has additional language as follows. . "The City is exploring with Feneis Enterprises, Inc. the possibility of insta1Iing a I '9' -'.~ ... second community events sign within the city limits of St. Joseph at a later date. · If it should become a reality, the following policy will prevail. A business may be allowed to advertise on both sides of both displays for the length of the sign lease selected. If a business elects to advertise on one side of a display only, the display leased will be rotated on a six month basis, to the second community events sign for six months and then to the alternate side of the original community events sign for six months and then to the alternate side of the second community events sign for six ~ months. This rotation policy would continue to the end of the advertisers sign lease. . If a business elects to advertise on both sides of the original community events sign and the second community events sign becomes a reality, one of the advertiser's displays would be moved to the second community events sign and then alternated, from side to side, on a six month basis." - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 4 - Balance of new language started on bottom of page 3 - (Rev. 10/28/95) changed to (Rev. 4/19/96) . Page 5 - New page added due to added verbiage in balance of document. 2. Sign Lease · The following insertions or changes were made to the 10/28/95 document-(Tab 5)- included in the proposal packet. They are for higWighted for ease of comparison. Page 1 - Changed 1995 to 1996 - Additional language that reads "...the southwest corner of the intersection ofCSAH 75 a and College Avenue North/County Road 2; adjacent to St. Joe Gas and Bait complex. - Additional language for ''Policy for Business to Advertise on Displays" that reads "The City is exploring with F eneis Enterprises, Inc. the possibility of installing a second community events sign within the city limits of St. Joseph at a later date. If it should become a reality, the following policy will prevail. A business may be allowed to advertise on both sides of both displays for the length of the sign lease selected. If a business elects to advertise on one side of a display only, the display leased will be rotated on a six month basis, to the second community events sign for six months and then to the alternate side of the original community events sign for six months and then to the alternate side of the second community events sign for six months. This rotation policy would continue to the end of the advertisers sign lease. If a business elects to advertise on both sides of the original community events sign and the second community events sign becomes a reality, one of the advertiser's displays would be moved to the second community events sign and then alternated, from side to side, on a six month basis. · 2 " '.. fill , : . Page 2 - Policy ftom page I continued. - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 3 - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 4 - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 5 - (Rev. 10/28/95) changed to (Rev. 4/19/96) Page 6 - (Rev. 10/28/95) changed to (Rev. 4/19/96) 3. Rates and Requirements The following insertions or changes were made to the original document-(Tab 6)- included in the proposal packet. Page I . - Sign location language that reads "the southwest corner of the intersection ofCSAH 75 and College Avenue North/County Road 2; adjacentto St. Joe Gas and Bait complex " is included. - 1. Rates: were changed to reflect an anticipated 3% CPI adjustment. Page 2 -Additional policy language added for second sign. 4. Proposed letter to St. Joseph businesses enclosed letter will be sent to all St. Joseph area businesses for your review and approval. 5. College of St. Benedict/St. John's University One other issue that needs to be decided is outlined in tab 3 of my proposal. Specifically under Option II, will the community events portion of the sign be rented to the College of St. Benedict/St. John's University for $150.00 per month for 9 months per year? Ifnot, the advertiser rates would be $94.75 per half panel and $170.00 per full panel instead of $82.40 per half panel and $148.30 per full panel. Please let me know if you need any additional infonnation. My phone number is 251-6130. Thank you, Rich F eneis President-Feneis Enterprises, Inc. . 3 -~ . . ,. . Option II Agreement THIS AGREEMENT, is entered into on this _ day of , 1996, by and between Feneis Enterprises, Inc. (hereafter "Feneis") and City of St. Joseph (hereafter "City"). 1. Grants of Rights. City, in consideration of the sum of One and No/100 ($1.00) Dollar and other good and valuable considerations received from Feneis, the receipt and sufficiency of which are hereby acknowledged, hereby gives and grants to Feneis the exclusive right to broker a community events sign (hereafter referred to as "sign") for the City's future use, for which Feneis will be allowed to sell, rent, lease, or otherwise transfer advertising rights to the Tri- Vision Graphic Display Sign (hereafter referred to as "display"). 2. Brokerage Period. This exclusive right to broker shall extend for a period of forty- five (45) days from the date of execution of this Agreement. 3. Termination Provision. IfFeneis is unable to contract with enough advertisers to fill two-thirds (2/3) of the faces available on the display within the forty-five (45) day period, this agreement shall terminate and neither party shall have any further rights or claims against the . other. 4. Satisfaction of Brokerage Requirement. In the event Feneis is able to contract with sufficient advertisers to fill two-thirds (2/3) of the faces available on the display at any point during the forty-five (45) day period, the parties will proceed as follows: a. Donation. Feneis donates, transfers, conveys, assigns and delivers unto the City, its successors and assigns, a community events sign for the City for its use. Said sign (per sketch attached) is described as follows: (I) The overall dimension is twenty-five (25) feet in height from the grade to the top of the sign; and fifteen feet (15) in total width. (2) The portion of the sign containing the "City of St. Joseph" Logo consists of2" thick material with pictorial details painted per City of St. Joseph Logo. (3) The portion of the sign available for the City's use in displaying community events or other announcements is manufactured by Reader Vision., Inc. Model #40114, of Winston-Salem, North Carolina, and measures fifty three (53") inches in height by eleven feet-six inches (II' 6") in length. (4) The advertising/display portion of the sign is manufactured by Action Graphics of . Jonesboro, Arkansas and measures five feet (5) in height by fifteen feet-three inches (15' 3") in width. (Rev. 4/19/96) -1- ,op (5) The sign structure, exclusive of the Reader Vision electronic message center and the . Action Graphic advertising/display portion, are covered with exterior plywood and a stained tounge and groove cedar similar to the Sartell Community Events Sign. The City, at its option, may elect to use an alternate material or finish to cover the sign structure. In that case, Feneis shall pay the city $2,900 which shall be used for this purpose. (6) No landscaping shown on sketch is included. b. Advertising Rights. Feneis retains the right to sell, rent, lease, or otherwise transfer advertising rights in the display portion of the sign for a period of fifteen (15) years. At the end of the fifteen (15) year period, F eneis shall retain an exclusive option to sell said advertising rights and bill and collect fees as an independent agent of the City for a commission of fifteen percent (15%) of the revenues generated; provided, however, that the City may sell such advertising rights directly to an advertiser and for such sales shall not be required to pay a commission to Feneis. Feneis further retains the right to sell, rent, lease, or otherwise transfer advertising rights to one half of the display time available on the Community Events portion of the sign to the St. Joseph Schools or the College of St. BenedictlSt. John's University for $150.00 per month for 9 months of each year if that option was selected. c. Costs. (1) F eneis shall pay the following charges to be incurred in connection with the sign: . (a) All costs associated with the construction of the community events sign; (b) All costs, taxes, and expenses necessary to establish, solicit, and maintain the display space on said sign; (2) City shall pay the following charges to be incurred in connection with the sign: (a) Insurance coverage for the sign structure in the amount of 100% of the value. Initially said value will be the present value, and each year thereafter the value shall be adjusted to the CPI; (b) Maintenance and repair, as it deems necessary, to all components of the sign, except for the five foot by fifteen foot-three inch display portion thereof; (c) All electrical bills incurred by the City as a result of the sign, including the providing of a primary power supply and phone lines to the base of the sign and the making of the final electrical hook-up; (d) Restoration of site after sign is installed. . (Rev. 4/19/96) -2- .... . . . , . d. W arranties. (1) Both parties warrant and represent to each other that they have full power and authority to enter into Agreement. (2) City warrants and represents that: I (a) The establishment, use and operation of the sign is in full compliance with applicable building codes, environmental, zoning and land use laws and other local, state and federal laws and regulations. (b) Access will be given to the community events portion of the sign at cost to all nonprofit entities requesting participation and meeting predetermined criteria established by the City. "At cost"shall be defined as labor and administrative cos!S to coordinate, maintain, and light said sign. (c) No for-profit entities will be allowed to display any signs or messages on the communi.ty events portion of the sign structure. (d) No display or attachment of a banner to the sign structure will be allowed. . (e) The location of the community events sign is the southwest comer of the intersection of CSAH 75 and College Ave. North/County Road 2~ adjacent to St. Joe Gas and Bait complex. ", ,. , < ,c , ., (3) Feneis warrants and represents that it will have title to the sign :tTeè'an,ddear of all title defect, liens, en¿umbrances, and security interests of any kind, nature, or description to the sign hereby assigned, transferred, conveyed, and del~vered and that it will take all steps reasonably necessary to put City in actu~lposs'ession and operating control of said sign. In addition, the City agrees that the display provides a public service. To the extent allowed under its ordinances, the City will consider, in its review of permits requested for the constructÍç:m of structures, planting of trees, and placing of signs, the proximity to the display and the adverse impact on the displays visibility to the public. The City will attach such conditions to protect the visibility of the display as the City deems reasonable appropriate. e. Approval of Advertising Copy. The City shall have the final approval of all advertisers, including the copy and colors which will be used by them in their displays, which shall not be unreasonably withheld. f. Policy for Businesses to Advertise on Displays. A business may be allowed to advertise on both sides of the display for the length of the sign lease selected. If a . business elects to advertise on one side only of the display, the display leased will be rotated on a six month basis, to the other display face available. The City is exploring with (Rev. 4/19/96) -3- ... Feneis Enterprises, Inc. the possibility of installing a second community events sign within . the city limits of St. Joseph at a later date. If it should become a reality, the following policy will prevail. A business may be allowed to advertise on both sides of both displays for the length of the sign lease selected. If a business elects to advertise on one side of a display only, the display leased will be rotated on a six month basis, to the second community events sign for six months and then to the alternate side of the original community events sign for six months and then to the alternate side of the second community events sign for six months. This rotation policy would continue to the end of the advertisers sign lease.If a business elects to advertise on both sides of the original community events sign and the second community events sign becomes a reality, one of the advertiser's displays would be moved to the second community events sign and then alternated, from side to side, on a six month basis. g. Approval of Advertiser Lease Rates or Fee. The City shall approve the initial advertiser lease rate or fee, which shall be identical for all potential advertisers, and which is acceptable to F eneis. Adjustment to the initial base rate or fee shall be based on the "C.p.r.-United States, all items" on June 1, 1995, and adjusted annually thereafter to take effect on August 1, of each year of the agreement. 5. Access to Property. City authorizes Feneis and its agents to enter upon the property on which the community events sign will be placed for the purpose of making measurements, surveys, and such other similar investigations, including the showing of the potential sign area to . possible advertisers, as Feneis may reasonably desire to inform itself concerning the size and suitability of the property for the construction of the sign, provided that such activity is done following notification of City and not done at a time or in a manner which will interfere materially with City's use of property. In addition, City authorizes Feneis and its agents to enter upon the property and any adjoining property as is necessary to construct the sign in the event the option is exercised. 6. Entire Agreement: Amendments. This Agreement constitutes the entire agreement between the parties, and no other agreement prior to or contemporaneous with this agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by both parties hereto, or their respective successors or assigns. 7. Assignments. The terms of this agreement shall be binding upon the executors, administrators, heirs, successors, and assigns of the parties. Neither Feneis nor City shall have the right to assign their interest in this agreement to any other third party without prior approval consent. (Rev. 4/19/96) -4- . , - , . . . . CITY OF ST. JOSEPH FENEIS ENTERPRISES, INC. BY: BY: Its: Its: . . (Rev. 4/19/96) -5- - . . ..7~-e-:.?/B~';: 160'/ . . ~ - --~ r- . FENEI§ ENTERPRISES, INC. BUSINESS DEVELOPMENT AND CONSUL TIN6 4067 PINE POINT ROAD. ST. CLOUD, MN. 56303. PHONE: (612) 251-6130 "SIGN LEASE" On this _day of , 1996, the undersigned having a principal address of Minnesota (the "Lessee"), hereby makes application to Feneis Enterprises, Inc., 4067 Pine Point Road, St. Cloud, MN 56303 (the "Lessor") to lease rrom Lessor space on the Lessor's Tri- Vision Graphic Displays located on City of S1. Joseph Community Events" sign structure in the southwest comer of the intersection of CSAH 75 and College Avenue North/County Road 2; adjacent to St. Joe Gas and Bait complex in St. Joseph, Minnesota., upon the terms, provisions, conditions, and limitations as hereinafter set forth: Name of business to be displayed on sign Advertisements to be displayed . Size of space to be displayed 5'x 7' 6" 5' x IS' I. Definitions. A. "City" refers to the City of St. Joseph. B. "Feneis" refers to Feneis Enterprises, Inc. , C. "Displays" refers to Tn-Vision Graphic Display. D. "Advertiser" refers to the Lessor/business that desires to advertise on the display. E. "Effective Date" means the date this lease is accepted by Lessee and the City of St. Joseph. F. "Advertisement" refers to the removable panel attached to the displays that contain the advertisers layout, design, and colors to be used on displays. 2. Approval to Advertise on Displays. The City of St. Joseph shall have final approval of layout, design, and colors to be used by advertiser on displays. The city shall also have final approval of all advertisers who desire to advertise on display as well as the rrequency, participation, and timing of those advertisers' display. All approvals shall not be unreasonably withheld. 3. Policy for Businesses to Advertise on Displays. A business may be allowed to advertise on one or both sides of the display on the "Community Events" sign structure for the length of the sign lease selected. If a business elects to advertise on one side of the display only, the display leased will be rotated, on a six month basis, to the other display face available. The City is . exploring with F eneis Enterprises, Inc. the possibility of installing a second community events sign within the city limits of St. Joseph at a later date. If it should become a reality, the following (Rev. 4/19/96) -1- -, " policy will prevail. A business may be allowed to advertise on both sides of both displays for the . length of the sign lease selected. If a business elects to advertise on one side of a display only, the display leased will be rotated on a six month basis, to the second community events sign for six months and then to the alternate side of the original community events sign for six months and then to the alternate side of the second community events sign for six months. This rotation policy would continue to the end of the advertisers sign lease. If a business elects to advertise on both sides of the original community events sign and the second community events sign becomes a reality, one of the advertiser's displays would be moved to the second community events sign and then alternated, from side to side, on a six month basis. No advertisement for a competing business will be allowed on the same side of the sign during the same period the advertiser has his advertisement displayed. 4. Approval of Advertiser lease rate or fee. The City shall approve the initial advertiser lease rate or fee, which shall be identical for all potential advertisers, and which is acceptable to Feneis. Adjustment to the initial base rate or fee shall be based on the "c.P.1. - United States, all items" on June I, 1995, and adjusted annually thereafter to take effect on August 1 of each year of the agreement. 5. Term and Renewal. This lease shall be effective on the "Effective Date", provided, however, the lease payment provided herein shall commence and be paid in advance on the first day of the . month next following the installation of Lessor IS advertisement on display. The initial tenu of this lease shall be months after installation of Lessee's advertisement. The lease shall be automatically renewed for successive tenus of the same period of time as the initial tenu unless the Lessor or Lessee shall give written notice to the other party of its intent not to renew, sent by certified mail return receipt requested, at least ninety (90) days prior to the then current tenu. All provisions and conditions of this lease shall remain the same during any renewal periods except for the monthly rental which shall be increased to the standard rent charged all advertisers, as of the date of renewal. If for any reason whatsoever Lessee's advertisement is not placed on the displays, Lessee's sole responsibility shall be the return of any deposit or other fee paid by Lessee or Lessor, and Lessee shall have no further obligation or liability to Lessor whatsoever. 6. Rent and Payment Method. There are four payment methods available. They are: A. Monthly (automatically deducted from checking account only) B. Quarterly C. Semi-Annual D. Annual . (Rev. 4/19/96) -2- . . .- . ~ . Concurrently with the execution of this lease, Lessee shall pay and Lessor hereby acknowledges receipt of the sum of $ which shall be applied to the first months rent and the last months rent hereunder. No interest shall be paid on any advance rent payment. During the term of this lease, Lessee shall pay to Lessor, at the office of the Lessor stated above, as rental, the sum of $ per on the first day of each during the term of this lease plus applicable sales tax, if mandated by law in the future, except for the months for which rent has been prepaid as stated above. Should Lessee fail to pay any part of the rent within ten (10) days after the due date, Lessor may charge a late fee equal to fifteen (15%) percent for each month or portion thereof that the payment is late or the lawful contract rate prevailing, whichever is less. 7. Lessee Representations and Warranties. Lessee acknowledges hereby that Lessor is obligated and committed to the City of St. Joseph under an agreement, the terms of which are incorporated herein by reference. Lessee shall do nothing that conflicts or interferes with Lessor's obligations and commitments to the City of St. Joseph and shall abide by any and all determination of the City of St. Joseph affecting Lessee and cooperate fully with Lessor in the performance by it or its obligations and commitments with the City of St. Joseph. 8. Maintenance. Lessor shall maintain the displays which contain Lessee's advertising during the term of this lease. Except as hereinafter provided, there shall not be any abatement of the rent payable during any period in which the displays shall be damaged or inoperable, so long as Lessor . shall act with reasonable promptness to have displays repaired. Lessor shall not be responsible for delays in making repairs due to strikes, casualty, commercial delays or other causes beyond Lessor's reasonable control. 9. Notice of Damage. Lessee shall promptly notify Lessor of any damage to or disrepair of the displays. 10. Possession. Lessor, or its assigns, shall retain the possession and ownership of the displays during the entire term of this lease. Lessee shall have no right to the possession of the displays, and shall have the right only to have its advertising on displays. 11. Lessor's Right to Assign. Subject to its agreement with the City, Lessor and Lessor's assigns shall have the continuing right to assign this lease. 12. Lessee Not to Assign. Lessee shall not assign or sublet this lease or the display space leased hereunder without Lessor's prior written consent. 13. Default. Any of the following events shall constitute a material "event of default" by the Lessee: (a) Default in the payment of rent beyond ten (10) days following the date such rent is due; . (b) Default in the payment or performance of any other liability, obligation, covenant or (Rev. 4/19/96) -3- representation of Lessee to Lessor and the continuance of such default for ten . (10) days after written notice of Lessee; (c) Breach of any of the warranties, certifications or representations made by Lessee herein; (d) Insolvency of, or the making of an assignment for the benefit of creditors by the Lessee or any guarantors of this lease; (e) The institution of bankruptcy, re-organization, liquidation or receivership proceedings by or against Lessee or any guarantors of this lease; (f) Any attempt by Lessee to remove, alter, repair, or take possession of the displays or any attempt by Lessee to sell, assign, encumber or otherwise transfer the sign space or any on thereof or the lease or any portion thereof. 14. Remedies After Default. Upon an event of default of the Lessee, Lessor shall have the right to exercise anyone or more of the following remedies: (a) To declare the entire amount of rent and other obligations hereunder immediately due and payable, without notice or demand to Lessee or Guarantor; (b) To sue for and recover all rents and other payments then accrued or thereafter . accrumg; (c) To remove ftom displays the Lessee's advertising, which action shall not deprive Lessor of the right to receive all rentals provided herein or to accelerate the payment thereof; (d) To terminate this lease and be ftee of any further obligations under this lease; (e) To pursue any other remedy at law or in equity. Lessee shall pay Lessor all costs and expenses, including reasonable attorney's fees incurred by Lessor in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provision hereof, or defending any claim by Lessee against Lessor, if Lessor prevails. Lessor may exercise all remedies simultaneously, pursuant to the tenns hereof and any such action shall not operate to release the Lessee from the obligation to pay the full amount of the rentals due and to become due and all other sums to be paid hereunder have been paid in cash. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy, and removing the . (Rev, 4/19/96) -4- , .7 ~"'" . . . advertising fÌ"om displays shall not deprive Lessor of the right to receive all rentals provided herein or to accelerate the payment thereof 15. Manner of Acceptance. The application by Lessee for the lease shall be deemed only an offer by Lessee to Lessor for a lease under the terms described herein, unless and until accepted in writing by Feneis on behalf of Lessor. Unless and until so accepted by Feneis on behalf of Lessor, the lease shall be non-binding on Lessor. Any contrary act, statement or representation by any person other than Feneis with regard to acceptance of this lease or any other matter shall be invalid and of no effect whatsoever, and Lessee by tendering this offer acknowledges that the only manner in which this lease may be accepted in the manner prescribed herein, then this lease, subject to the limitations expressed, shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs and personal representatives. 16. Entire Agreement.· This lease constitutes the entire agreement between Lessor and Lessee with respect to the subject matter of this lease and no representation, agreement or promise of any officer, employee or agent of the Lessor shall in any way affect the obligations of the parties hereto as herein set forth. No terms or provision of this lease may be changed, amended or terminated except by written agreement signed by Lessor and Lessee, or their duly authorized representative.: 17. Waiver. Failure of Lessor to enforce any right hereunder shall not be deemed a waiver of . such right. No covenant, condition or provision of this lease can be waived except by the written consent of Lessor; any such waiver in one instance shall not constitute a waiver of subsequent defaults or provisions. 18. Notice. All notices to be given under this lease shall be in writing and mailed to the other party at the address provided, or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be effective when deposited in a U.S. Mail depository duly addressed and with postage pre-paid. 19. Captions. The captions in this lease are for convenience of reference and shall not defirÌe or amend any of the terms or provisions hereof 20. Governing Law. This lease will be governed in all respects, including validity, interpretation and enforcement by the laws of the State of Minnesota. 21. Severability. Any provision of this lease which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or non- enforceability without invalidating the remaining provisions hereof, and any such prohibition or non-enforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, Lessee hereby waives any provision of law which renders any provision hereof prohibitive or unenforceable in any respect. . (Rev. 4/19/96) -5- 6 IN WITNESS WHEREOF, the Lessee has hereunder set its hand the day and date first . above written. LESSEE By Its GUARANTY In consideration of the agreement of Lessor to lease space to the Lessee for the Lessee's advertising on the Lessor's displays, the undersigned, jointly and severally, do hereby guaranty the prompt payment of all rentals and other sums to Lessor by Lessee in the manner and under the terms as provided in this lease, and also guaranty the prompt performance of all of Lessee's obligations herein contained. The undersigned do also consent that said lease Agreement may be modified by the parties at any time and no delay in enforcement or waiver of any obligation of Lessee or modification of Lessee's obligations shall operate to release the guarantors. Guarantor Guarantor . . ACCEPTANCE OF SIGN LEASE APPLICATION Feneis Enterprises, Inc., by Richard Feneis, and the Mayor of the City of St. Joseph, hereby accepts Lessee's foregoing Sign Lease Application, subject to all the terms, provisions, conditions and limitations thereof, the day of , 1995. CITY OF ST. JOSEPH FENEIS ENTERPRISES, me. By By Mayor President (Rev. 4/19/96) -6- e , . __i . FEI\IEI!i ENTERPRISES 9 INC. BUSINESS DEVELOPMENT AND CONSUL TING 4067 PINE POINT ROAD. ST. CLOUD, MN. 56303. PHONE: (612) 251-6130 Rates and Requirements for Businesses to Display on the City ofS1. Joseph Community Events Sign --------------------------------------- ------------ ------------------- The City of St. Joseph will have a "Community Events "sign installed at the southwest comer of the intersection ofCSAH 75 and College Avenue North/ County Road 2; adjacent to St. Joe Gas and Bait complex. Included in the "Community Events" sign is a 5'x15' Tri-Vision Graphic Display (see attached drawing) where several businesses will have the opportunity to advertise their business and also show their civic support of the St. Joseph area. . 1. Rates: $82.40 per month, per side of sign, for a 51 foot by 7' 6" foot panel. $148.30 per month, per side of sign, for a 5' foot by 15' foot panel. 2. Contract lengths available for 36,60, or 120 months. Price is guaranteed for the length of contract selected and will be the same for all businesses.. 3. First and last month of contract are required as a deposit. 4. Snap-on louver panels, that advertising copy is applied to, is provided by the customers at their own expense. The snap-on louver panels, without advertiser copy on, wilJ cost $64.40 for each 5' foot by 7'6" foot panel and $128.75 for each 5' foot by IS' foot panel and must be purchased from Feneis Enterprises, Inc., to insure consistency of product. Costs to apply advertising copy will be quoted separately or advertiser may elect to have another vendor supply this service. 5. Feneis Enterprises, Inc., will submit artwork to the CITY ofSt. Joseph for their approval. No advertising panel will be installed until the approval . has been granted. , 6. Placement and eligibility for placement of a display panel will be . determined by the CITY of St. Joseph. The policy for a business to display on the "Community Events" signs allows a business to advertise on one or both sides of the display on the "Community Events" sign structure for the length of the sign lease selected. If a business elects to advertise on one side of the display only, the display leased will be rotated, on a six month basis, to the other display face available. The City is exploring with Feneis Enterprises, Inc. the possibility of installing a second community events sign within the city limits of St. Joseph at a later date. If it should become a reality, the following policy will prevail. A business may be allowed to advertise on both sides of both displays for the length of the sign lease selected. If a business elects to advertise on one side of a display only, the display leased will be rotated on a six month basis, to the second community events sign for six months and then to the alternate side of the original community events sign for six months and then to the alternate side of the second community events sign for six months. This rotation policy would continue to the end of the advertisers sign lease. If a business elects to advertise on both sides of the original community . events sign and the second community events sign becomes a reality, one of the advertiser's displays would be moved to the second community events sign and then alternate<:L from side to side, on a six month basis. No advertisement for a competing business will be allowed on the same side of the Community Events sign structure during the same period the advertiser has his/her advertisement displayed. 7. This sheet is used to highlight the main question regarding availability for advertising space on the sign. For specific infonnation and explanation, refer to the sign lease, which is controlling. . " , . ¿ . FEI\IEI!i ENTERPRISES, INC. BUSINESS DEVELOPMENT AND CONSUL TIN6 4067 PINE POINT ROAD. ST. CLOUD, MN. 56303. PHONE: (612) 251-6130 April 30, 1996 St. Joseph Business f)are!} ;\'lciier,!¡ 123 Main Street \--ü(::~ ¡~n~Tit"Ö;_r~,·~-_; ..' '::-:<··~o_.: .-.; St. Joseph,:MN 56374 RE: St_ Joseph Community Events-Area Business Promotional Sign System Sent via Certified Mail-Return receipt enclosed Dear , . The City of St. Joseph, in cooperation with Feneis Enterprises, Inc. of St. Cloud, will be installing a "81. Joseph Community Events-Area Business Promotional Sign System" on the southwest comer of the intersection ofCSAH 75 and College Ave. N.lCounty Rd. 2; adjacent to S1. Joe Gas and Bait complex. (Sketch enclosed) This sign system has advertising space available, just below the community events electronic message center, for S1. Joseph area businesses to advertise their business and also be associated with a sign system that will display current community events to the citizens of the St. Joseph area. See City of Sartell photo enclosed. Advertising space will be sold on a "First come-First serve basis" with the City of S1. Joseph having final approval of all advertisers, the frequency of participation, and the final layout and the colors to be used by the advertisers. A Rates and Requirements sheet is also enclosed. If you would like more infonnation about tlùs unique business promotional opportunity, please call Rich Feneis ofFeneis Enterprises, Inc. at (320) 251-6130. Thank you, Rich F eneis Donald "Bud" Reber President Mayor . Feneis Enterprises, Inc. City of St. Joseph cc: enclosures -- . .". RAJKOWSKI HANS MEIER LTD. Attorneys at Law Reply to: St. Cloud April 29, 1996 ST. CLOUD 11 Seventh Avenue North P.O. Box 1433 The Honorable Bud Reber St. Cloud, MN 56302-1433 Mayor of St. Joseph 320'251'1055 P.O. Box 313 800'445'9617 St. Joseph, MN 56374 FAX 320'251'5896 Ms. Rachel Stapleton St. Joseph Clerk Administrator MINNEAPOLIS P.O. Box 668 2904 Plaza VII St. Joseph, MN 56374 45 South Seventh Street Minneapolis, MN 55402-1620 Re: St. Augusta Landfill Settlement 612'339'9206 Our File No. 17,693 800'445'9617 FAX 320'251'5896 Dear Mayor Reber and Clerk Administrator Stapleton: . Enclosed please find a Waiver of Claims, and Insurance Preservation. Agreement. INTERNET ADDRESS It IS my opiniòÌ1 that the City of St. Joseph should sign' this with regard to the St. rajhan@cloudnet.com Augusta Landfill. By signing this Agreement, the State is offering "contribution protection" against FRANK J. RAjKOWSKI . t such potential future claims regarding the landfill site. By obtaining contribution GORDON H. HANSMEIER protection, you will be granted immunity from liability to others for the cleanup costs FREDERICK L. GRUNKE covered by the settlement with the State of Minnesota. THOMAS G. JOVANOVICH JOHN H. SCHERER The Agreement requires you to cooperate with the State's efforts to collect from PAUL A. RAjKOWSKI t insurance companies. State law requires cooperation in any event, even if you do KEVIN F. GRAY not sign the Agreement. By signing this Agreement, the State will only proceed WIlliAM J. CASHMAN after any applicable insurance proceeds. Again, the law already allows the State to bring such an action against your insurance proceeds if they can show that the City RICHARD W. SOBALVARRO has contributed hazardous material to the St. Augusta Landfill. BRIAN L. WILUAMS BRIDGET M. LINDQUIST I have discussed this matter with J an Peterson, the City Attorney for St. Cloud. St. Cloud will also be signing a similar Agreement. JAMES H. KEUY, M.D., F.A.C.P. Would you kindly bring this matter up at the next City Council meeting. Once the MEDICAL CONSULTANT Council has approved the Waiver of Claims and Insurance Preservation Agreement, FRA"K J. RA¡KOWSKJ IS ADMITTED TO PRAcneE please fOIWard it to me and I will fOIWard it to Gerald Von Korff, who is IN NORTH DAKOTA, coordinating this matter with a number of parties in the St. Cloud area·....: . GOROON H. HANSMEIER IN NORTH DAKOTA AND \VlSCONSlN1 PALL A. RA1KOWSKJ IN WISCONSIN AND WII,LIAM J. CASHMAN IN SotJrH DAKOTA. ,.. MEMBER OF AMERICAN BoARD OF TRIAL ADVOCATES. t QVALlAED ADR NElITRAL. .. April 29, 1996 . Page -2- If there are any questions, please call. Sincerely, LTD. (j ./-- By Thomas G. J ova ovich TGJ/baw Enclosure l;\gen \17f93\ae042996.011 . .. . . V -. - ~ ~ . V RAJKOWSKI HANSMEIER LTD. Attorneys at Law Reply to: st. Cloud April 18, 1996 ST. CLOUD 11 Seventh Avenue North P.O. Box 1433 51. Cloud, MN 56302-1433 Ms. Rachel Stapleton 612·251·1055 st. Joseph Clerk Administrator 800'445·9617 P.O. Box 668 st. Joseph, MN 56374 FAX 612.251.5896 RE: Nuisance Ordinance MINNEAPOLIS Our File No. 17,693 2904 Plaza VII Dear Rachel: 45 South Seventh Street Minneapolis, MN 55402-1620 I have had an opportunity to review the Model Nuisance 612·339·9206 Ordinance which you had sent me. I have a few general 800·445·9617 comments and some specific comments which I will share . FAX 612.251.5896 in this letter. Overall, I believe-that the ordinance is good. It INTERNET ADDRESS adopts much of the language used in state law. It also rajhan@cloudnet.com contains language typically found in most nuisance ordinances. FRANK J. RA/KOWSKI . t I should point out that ordinances of this nature, including the proposed ordinance before us, are often GORDON H. HANSMEIER hard to enforce because of the difficulty in FREDERICK L. GRUNKE specifically defining terms and prohibited conduct. THOMAS G. JOVANOVICH Let me give you an example. section 2(3) declares JOHN H. SCHERER ponds or pools of stagnant water to be a public PAUL A. RA/KOWSKI t nuisance. Many people are now installing small plastic KEVIN F. GRAY ponds in backyard flower gardens as part of their landscaping. Is this be a prohibited act? Is a low WILLlAM J. CASHMAN spot on property which holds water for several days RICHARD W. SOBAL V ARRO after a heavy rain a nuisance for purposes of this BRIAN L. WILUAMS ordinance? I believe that most people would agree that BRIDGET M. LINDQUIST these examples should not constitute violations of the ordinance. But a literal interpretation would suggest otherwise. Therefore, I would generally recommend that an ordinance of this nature should not and cannot be JAMES H. KELLY. M.D., F.A.C.P. strictly enforced. Language has to be interpreted in MEDICAL CONSUlTANT light of the intent of the ordinance. The ordinance FRA.NK J. RAKOW5KI 1$ ADMITfED TO PRACTICE should only be enforced against acts that are clearly . IN NORm DAKOTA, defined and prohibited by the ordinance, or are so GORDON H. HANSMEIER extreme that they clearly would fall within the L"J NORTH DAKOTA AND WISCONSIN, perimeters of the proposed prohibited activity. PAUL A. RAJKOWSKJ IN WISCONSIN 'ANÐ W'lIJAM J. CASHMAN IN SoIJTH DAKOTA. >. MEMBER OF A.\1ERICAN BoARD OF TRIAL ADVOCATES. t QUAUHED ADR NEUTRAL. -,r- - Ms. Rachel stapleton · April 18{ 1996 Page -2- I make this point only because it may become an issue with respect to future enforcement. I think that the Council should be aware that there may be times, after enactment of an ordinance of this nature, that our office will advise against prosection of an activity which may appear to be in violation of the ordinance. In areas where prohibited conduct is not clearly defined{ you will find that we will advise the City to proceed with caution when considering an action under the ordinance. In Section 2 of the Ordinance{ there are three areas declared to be nuisances which cause me some concern. I already addressed my concern regarding paragraph 3{ which identifies ponds or pools of stagnant water as a nuisance. I would also call your attention to paragraph 10 (public exposure of people having a contagious disease) and paragraph 11 (identifying offensive trades or businesses as nuisances). I believe that paragraph 10 would be difficult and unrealistic to try to enforce. Theoretically, a common cold is a contagious disease. Do we intend on prohibiting people having a cold or flu from going out in public? Obviously, no. HIV is a contagious disease{ but only contagious where there is exposure to blood or sexual contact. Routine exposure to a person with HIV creates no risk or danger. Therefore, I would · recommend that paragraph 10 be removed totally. with regard to paragraph 11, how do you define "offensive trade or business"? Some feel that the profession of attorney is offensive. I believe that paragraph 11 would be virtually unenforceable{ and I would recommend its removal as well. I would also call your attention to paragraph 8 under section 2 dealing with noxious weeds. This subject is addressed by another ordinance and it may be wise to simply remove it from this ordinance so as not to create contradicting ordinance provisions. with regard to the activities identified as public nuisances under section 3, I would qualify paragraphs 1 and 2 by only prohibiting unlawful gambling and betting. A licensed charitable gambling operation would not be a public nuisance, but as the ordinance is proposed{ it could be interpreted as a prohibition against lawful charitable gambling. with regard to section 3, I would remove the language dealing with "promiscuous sexual intercourse". This is almost impossible to define, identify and enforce. I see that provision as only causing problems. Prostitution is specifically prohibited. I believe that that would be sufficient. Finally, under paragraph 5 of section 3, I would add the word · "illegal" when referencing the transportation of intoxicating liquor and again remove the language regarding promiscuous sexual T -. --- ... . Ms. Rachel Stapleton April 18, 1996 Page -3- intercourse. Transportation of intoxicating liquor is not normally a nuisance. Only the illegal transportation of intoxicating liquor may become a nuisance. with respect to section 4, I call your attention to paragraph 4 dealing with "unnecessary noises" and annoying vibrations. I would recommend further definition of an "unnecessary noise". We may want to tie this provision with the Noise Ordinance and the definition of prohibited noises contained therein. This would ensure consistency and will provide definition. with regard to section 5, I would appoint the Police Department as the enforcement officer, but state that the Police Department may request the assistance of the health officer, housing inspector or building inspector when investigating potential violations of the Ordinance. section 6 sets forth an abatement procedure. We may want to consider simplifying the procedure. Finally, section 8 states the criminal penalty. It should be . clear that whether or not the abatement procedure is pursued, the City reserves the option of charging somebody criminally when the ordinance is violated. As a standard procedure, the person violating the ordinance may initially be asked to abate the nuisance. If that is not done immediately, then the person would be subject to criminal charges. I would recommend that the first time violation of the Ordinance be established as a petty misdemeanor. A second offense of the same provision occurring within a year of the first offense should be a misdemeanor. A petty misdemeanor is punishable by fine of up to $200. A misdemeanor is punishable by fine of up to $750 plus 90 days in jail. For the first offense, I believe that a petty misdemeanor would probably be appropriate. If charged with a petty misdemeanor, the defendant does not have the right to a public defender nor may the violator request a jury trial. These rights, which the defendant does have if charged with a misdemeanor, simply cost the taxpayers money and make the case more complicated to prosecute. On the other hand, for the second offense within a year, a more stringent penalty is appropriate, and therefore, a misdemeanor charge would be recommended. Finally, I would recommend that before adoption of the ordinance, . we reformat it to follow the numbering procedure currently used in our Code of Ordinances. We can have the ordinance retyped at our office with any appropriate changes, and when doing so, have it reformatted. V -."' " Ms. Rachel Stapleton . April 18, 1996 Page -4- our office with any appropriate changes, and when doing so, have it reformatted. Rachel, please let me know if you or the Council have any other questions regarding this model ordinance or if the Council would like me to be present at an upcoming council meeting to address any of these issues. Very truly yours, RAJKOWSKI HANSMEIER LTD. ~ Scherer JHS/baz L'\gen\17693\aÍ041896.013 . . V . , "" - V RAJKOWSKI HANS MEIER LTD. Attorneys at Law Reply to: st. Cloud ST. CLOUD April 18, 1996 11 Seventh A venue North P.O. Box 1433 SI. Cloud, MN 56302-1433 612'251'1055 Ms. Rachel Stapleton 800'445'9617 st. Joseph Clerk Administrator P.O. Box 668 FAX 612 '251'5896 st. Joseph, MN 56374 MINNEAPOLIS RE: Weed Ordinance Enforcement 2904 Plaza VII Our File No. 17,693 45 South Seventh Street Dear Rachel: Minneapolis, MN 55402-1620 612'339'9206 It is my understanding that an East Minnesota resident 800'445'9617 wishes to allow weeds to grow on her property to FAX 612'251'5896 provide habitat and feed for birds. The Council has a . question as to whether or not this could be permitted under the current or an amended Weed Ordinance. INTERNET ADDRESS rajhan@cloudnet.com First of all, I wish to point out that the pefinition of the term "weed" is limited to noxious weeds as ",T" . defined by Minnesota statute. On the other hand, the FRANK J. RAjKOWSKI . t Ordinance does prohibit weeds and grasses greater than ten inches in height. GORDON H. HANSMEIER FREDERICK L. GRUN/Œ I believe that under the current Ordinance, the action THOMAS G. JOVANOVICH proposed by the individual living on East Minnesota ~ , JOHN H. SCHERER would be prohibited. I believe that the Council has PAUL A. RAjKOWSKI t several options with respect to an amendment of the KEVIN F. GRAY Ordinance: WILUAM J. CASHMAN 1. The Ordinance could be amended to exclude grasses RICHARD W. SOBALVARRO and non-noxious weeds from its provisions on BRIAN L. WILUAMS parcels of property in excess of a minimum size. BRIDGET M. LINDQUIST The regulations as they currently stand would still apply for the basic residential lot. For an oversized residential parcel, an exception would be made for grasses and non-noxious weeds, at JAMES H. KELLY, MD., F.A.C.P. least on the portion of the property which is not MEDICAL CONSULTANT adjacent to a street or road. FRANKJ.R~KOWS~ISADMnncDTOPRACTICE . IN NORTH DAKOTA, GORDON H. HANSMEIER IN NORTH DAKOTA AND WISCONSIN, PAUL A. RAjKOWSKI IN WISCONSIN AND WILLIAM J. CAsHMAN IN Salmi DAKOTA. .. MaiBER OF AMERICAN BoARD OF TRiAL ADVCX:'ATES. t QUAURED ADR NEUTRAL. . . Ms. Rachel Stapleton ~ April 18, 1996 .., Page -2- 2. The Ordinance could be amended to allow property owners to apply for an exemption where the clear intent is to establish an area for animal habitat. I believe that the exemption would have to be approved by the city Council, and certain standards or criteria would still have to be considered, such as lot size, adjacent streets, residential areas, inspection for elimination of certain noxious weeds, etc. I would not want to see the exemption pursued by a property owner simply to avoid the cost and bother of maintaining his or her property. If the city Council wants to explore either of these options further, please let me know. Thank you. Very truly yours, RAJKOWSKI HANSMEIER LTD. . JHSjbaz L:\gen\17693\af041896.012 . V ".- . , .~ . LMC - 145 University Avenue West, St. Paul, MN 55103-2044 League of Minnesota Cities phone: (612) 281.1200 · (800) 925-1122 Cities promoting excellence Fax: (612) 281·1299 · TDD (612) 281-1290 MEMORANDUM TO: Mayor, Managers, Clerks FROM: Jim Miller, Executive Director DATE: April 23, 1996 RE: LEGISLATIVE REVIEW SESSIONS The 1996 Legislative session is over. Although it was a "short" session, the legislature did enact many laws that will have a bearing on how you run your city. To assist city officials in understanding the new laws, the League Intergovernmental Relations - staff will conduct a series of 1996 legislative session reviews. Meetings will be held in Brooklyn Center, Mankato, Alexandria, Grand Rapids and Brainerd. An additional review session will be held as part of the League's annual conference program in Rochester. The review session program will include a summary of new laws, old laws and ideas for laws that died. There will also be a question-and-answer period. League staff will be available to answer questions before and after the session. The registration fee will be $10.00, collected at the door. Attendees will receive the 1996 session summary and other materials that summarize the highlights of the 1996 session. Coffee will be available. Agenda for Brooklyn Center, Alexandria and Grand Rapids--(registration time for Mankato will begin at 9:30 and the session will end at 12:30.) 8:30 a.m. Registration 9:00 Review sessions begin 12:00 Session end - On the next page, I have provided a list of the meeting times and locations. Please post this notice for other interested individuals. - --OVER-· AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER / , . . - LEGISLATIVE REVIEW SESSIONS MEETING LOCATIONS AND TIMES 1. Tuesday, April 30 in Brooklyn Center Community Center in Constitution Hall 630 I Shingle Creek Parkway Registration will begin at 8:30 a,m, and the meetings will begin promptly at 9:00 a.m. 2. Wednesday, May 1 in Mankato at the City Hall Council Chambers 3rd floor 202 East Jackson Street Registration will begin at 9:30 a.m. and the meetings will begin promptly at 10:00 a.m. 3. Thursday, May 2 in Alexandria at City Hall Council Chamber 704 Broadway Registration will begin at 8:30 a,m. and the meetings will begin promptly at 9:00 a.m. 4. Friday, May 3 in Grand Rapids at City Hall Council Chamber 420 North Pokegema Avenue Registration will begin at 8:30 a.m. and the meetings will begin promptly at 9:00 a.m, 5. Friday, May 10 in Brainerd at Cragun's Conference Center. 2001 Pine Beach Road Registration will begin at 12:30 p,m. and the meetings will begin promptly at I :00 p.m. - - ****This meeting will take place immediately following the MCMAlMACA annual conference. - - , [d- J ~ I ó[eJrrÝL ~1 _t;' ':t . ;Ion Ø.i¡o_o29o-'96 St. Joseph Police Department Time~ ·¿}~57 am In i t:: Í<;\ 1 C(Jm p 1 ê\ i nt I~(·?cord C¡i\ !Sf,? Hum b~?T- ~ 9E.00ØE.l50 Dat(~ PepoT"tee! ~ 0A/;:~(7}/9t) I~: e p (3 ï't(':} d Bi~ SC!3D :OOB~ nddï'ess ~ 807 COURTHOUSE DR. P.G.BOX 217 npt. :N: Ph oone H:: 6:t 2/ é~~.'j 1·o·A2 L}0 Cit)l~ ST.. CLOUD Stat::(':} ~ 1'11'4 Zip Code: 5(:,302 Dan q t? '(' (y ,/1'1) ~ H Complai né\n"l::: DOB~ nddï'ess: f4pt:. ij : Phon(':! H ~ City: Stat€~ : Zi p Code: D¿-\ n g e'(' (Y/I'~) : Incident Description~ REPORT OF A LOUD PARTY AT 213 EAST MN ST. I 8¡è¡W TWO GROUPS OF APPROX.15 EACH WnLKING INTO THE HOUSE PRIOR TO COM PLnINT.EPIC MICHAEL ROSS,DOB 07-17-74 WAS RENTER. ROSS GAVE C OHSENT TO SEARCH.SIEZED 3 KEGS. CITED 56 UNDERAGE CONS. TOTAL Squad/Badge #s: 776 77.t~ nddt:' 1 l\epO'l~ts : Yes P '('(J t (.? C t e d : 1'10 .'.,I'Ie! By: 776 Day: FRI Da te Comm i tt:ed : 0L¡/26/96 T i mf-" Comm i tted : 22 : 15 ITless. Key Cont'('ol I--Iumbe'r (DCA) Cant. Agency NCIC Ident. (CnG) ECI 9E..0008SØ MN0731100 Da te I~<-:? po'f'"l::ed (F:PD) Time F:epo'rted <TI~:P ) Location .p·rid r4um beTo (Lm~) 0't/26/'::j6 22 ~ 15 10202 Place Commi ttc·?d (PLC) : 213 E(-)ST ITII'I ST 1-II:m Squad/Badge H ( SBI'.) Time I~ssig. (n-:¡S) Time An'. <TAI~) Tim e C I 'r . <TCL) F-: 776 l"j 1") : 15 22 : 1"E.. Ø0 . 30 c.c. . I S 1'1 U 0 C U C S 01 9250 L-/ (sell f! ç /9/2 £" C~/MS..vr (.'7 S T /?tZ..- /1? '7 /'1"" J :t.- 17 .£> p..z: r Ið ,r/ /J I J2- 2. Pt:? J? rs ::j2/>/ "//Z-A <1/5 c~;¡: P TIO',.J . ¡:; Þ ¡) ;¡:'.LO' r.J A t.- C;'¡ /J Il c;-- [jý) ,;:::.. ££¿.[c-/9-L "o,J 5A'--[.. o~ /J '- c.v ;I- CI c.... /JILC c.-o.;:::: ,./-z::;.. íZJ CO M/V"-r7 fr ~TP' Æ. /1/£)1' S ¿; p ¡::: ..:t- c.. C- ~ð ~e~~L- . - - -- - - - -- - --- - ----- . - , BRADLEY J. LINDGREN, CHIEF OF POLICE BOX 268, 25 N.W. 1ST A VENUE ,-1 ~ I ST. JOSEPH. MINNESOTA 563ï4 e:o:.ATXJIUiL c::DiTCI OF (D(T'IU.I. ....e:sorl (612) 363-8250 EMERGENCY 911 . :ornE: 0'-1- ð 6, 9-G .,_...__._-_..._~_..,..~.. ------... --'~"-'-------~'-------'- TO ~-_~~b-¿r+ \J;~ ~().V S'¿r - FI;:OI'1 : ßRf~D L I Ì'jDI~i~;E;'I. CHIEF GF POLIC::: SUBJECT: NOISE ORDINANCE l)IOLATIDN As peT' St. Joseph city o'rd i nance H 102 (noise o 'r din a n c e ) please be <.'\dvised that you <.'\'re he'reby º i ',I e n:1l 0 tic e of a noise violation th<.'\t occu~~ed at the date, time, and pl",ce 1 i s,ted below. Please find enclosed a copy of the a fO'rementioned o'rd i nance and the city 'rental h Ol.\ sin 9 complaint policy. Also note that the second violation ~eco~ded by the police de pa'rtment 1,1,1 ill 'resul t in a h e a '1' i n 9 in f'r01Yt of th e ~'_.._~ St. Joseph City Council. You may also be subject to additional c'r i mi na 1 penalties as defined in section 102.4, upon the next ~epo~ted violation. . DATE OF VIOLATION: o '-1- J..6 - q ç PLACE OF VIOLATION: 'd-I"I., EocJ MN Sf TIME OF VIOLATION:' -L£; /5 pJ?--. r r S I NC_EREL Y , ~ ~. BI~:AD L HIDGF:Eì--.J CHIEF OF POLICE . ,~ - ,. -. Apr 1996 Bills Payable Page 1 e 3:34 PM City of st. joseph . May 2, 1996 ,heck Transaction Depart Imber Name Comments Amount Description Fund !2380 ANACONDA SPORTS backdrop, line mat 217.06 Ball Park and Skating Rink 101 22381 AT & T WIRELESS SERVICES cellular phone, police 64.14 Communication Service 101 22382 BCA/FORENSIC SCIENCE LABORTORY intoxilyzer school 200.00 Police Training 101 22383 BILL WASNER'S SALES & SERVICE trailer rental 50.00 Administration and General 601 22384 CAMERA TRADER film development 27.21 Crime Control & Investigation 101 22385 CELLULAR 2000 cellular phone 0.93 Fire Communications 105 22385 CELLULAR 2000 cellular phone 0.29 Park Areas 101 22386 CENTRAL PUBLIC SAFETY EQUIP lights, patrol car 412.98 Communication Service 101 22387 CICHY, DEAN meals, intox - school 50.69 Police Training 101 22388 CITY OF ST. CLOUD sewer use, March 8,083.20 Sewage Treatment Plant 602 22389 EMERGENCY MEDICAL PRODUCTS medical supplies 263.78 Medical Services 105 22390 FEED-RITE CONTROLS sewer tests 80.00 Sewage Treatment Plant 602 22390 FEED-RITE CONTROLS hydrofluosilicic acid 162.51 Purification 601 22391 FIRST STATE BANK collection fee 10.20 Administration and General 601 22391 FIRST STATE BANK collection fee 10.20 Administration and general 602 22391 FIRST STATE BANK collection fee 10.20 Waste Collection 603 22392 FIRS TAR bond interest, East bak 5,387.50 Bond Payment (P & I) 308 22392 FIRSTAR bond interest, water stor 11,358.75 Bond Payment (p & I) 309 22392 FIRSTAR bond interest, DBL labs 10,160.00 80nd Payment (p & I) 310 22392 FIRS TAR bond interest, East MN 7,170.00 Bond Payment (p & I) 312 .2 FIRSTAR bond interest, West MN 4,675.00 Bond Payment (p & I) 313 3 GLENCOE UNIFORMS replacement badges 130.95 Crime Control & Investigation 101 22394 GOODIN COMPANY gasket repair 4.89 Street Cleaning 101 22395 HARMON GLASS plexi-glass, park sign 94.50 Park Areas 101 22396 HEIMAN FIRE EQUIPMENT, INC air cy li nder s 486.70 Fire Fighting 105 22397 LEAGUE OF HN CITIES cities bulletin subsc(4) 144.00 Council 101 22398 LESNICK, OLLIE valuation publication 159.95 Assessing 101 22399 M.C. MAGNEY CONSTRUCTION, INC payment #2 52,439.05 Administration and General 601 22400 MINNESOTA UC FUND unemployment, Gillitzer 3.68 Elections 101 22402 NORTHERN STATES POWER street lighting 21.11 Signal Lights 101 22402 NORTHERN STATES POWER street lighting 15.42 Street Lighting 101 22402 NORTHERN STATES POWER electricity 9.22 Park Areas 101 22402 NORTHERN STATES POWER gas 284.34 City Hall -. 101 22402 NORTHERN STATES POWER electricity 134.17 City Hall Annex 101 22402 NORTHERN STATES POWER gas 160.03 City Hall Annex 101 22402 NORTHERN STATES POWER electricity 26.87 Maint Shop 101 22402 NORTHERN STATES POWER electricity 115.48 Street Haintanence 101 22402 NORTHERN STATES POWER gas 49.98 Haint Shop 101 22402 NORTHERN STATES POWER gas 199.94 Street Maintanence 101 22402 NORTHERN STATES POWER electricity 142.41 Storage 601 22402 NORTHERN STATES POWER gas 142.17 Purification 601 22402 NORTHERN STATES POWER electr iei ty 375.66 Power and Pumping 601 22402 NORTHERN STATES POWER gas 117.87 Power and Pumping 601 22402 NORTHERN STATES POWER electricity 327.96 Sewage Treatment Plant 602 22402 NORTHERN STATES POWER gas 108.54 Sewage Treatment Plant 602 22402 NORTHERN STATES POWER electricity 75.85 Sewer Lift Station 602 ~22402 NORTHERN STATES POWER gas 142.16 Fire Station and Building 105 22402 NORTHERN STATES POWER fire siren 3.14 Emergency Siren 101 22403 RAJKOWSKI HANSHEIER LTD legal fees, criminal 2,005.85 Crime Control & Investigation 101 22403 RAJKOWSKI HANSHEIER LTD legal fees, general 464.00 City Attorney 101 . > ~pr 199~ . Bil fS paY3b 1e Page 2 3:34' PM City 0 St. oseph ,. May 2, 1996 Transaction Depart Jer Name Comments Amount Description Fund 403 RAJKOWSKI HANSMEIER lTD legal fees, industrial pk 80.00 Industrial Development 101 404 SEH water tower, engineering 20.50 Storage 601 404 SEH water rehab, engineering 3,889.21 Power and Pumping 601 404 SEH roske improv-engineering 5,062.33 Facilites and Planning 101 404 SEH East MN, Engineering 12,207.65 Street Maintanence 106 404 SEH 95 overlay, engineering 132.00 Street Maintanence 106 404 SEH general engineering 122.20 Engineering Fee 101 404 SEH industrial park, engineer 1,628.50 Industrial Development 101 -404 SEH re-alignment, .engineer 199.30 Industrial Development 101 '405 SHERATON PARK PLACE lodging, Cichy intox sch 212.44 Police Training 101 '406 SNIEZEK, LINDA community day expenses 93.86 legislative Committies 101 '407 SOUTHERN PUBLIC SAFETY lights, patrol car 358.98 Communication Service 101 2408 ST. JOSEPH FIRE DEPARTMENT lake region meeting 28.00 Fire Training 105 ~409 STEARNS COOPERATIVE ELEC. ASSN street lighting 249.38 Street Lighting 101 2410 STREICHER'S lights, squad car 474.34 Communication Service 101 !411 SUPER AMERICA - gas 210.94 Automotive Services 101 2411 SUPER AMERICA gas 15.45 Fire Fighting 105 2412 TAUFENr DICK. Commercial Drivers licens 11.00 Street Haintanence 101 2413 TOTAL LAWN CARE ballfield maintenance 885.00 Millstream Ball Park 101 2414.UNUH LIFE INSURANCE disábility insurance 101.10 Crime Control & Investigation 101 2414 UNUM LIFE INSURANCE ~ 'disability insurance 20.62 Street Maintanence 101 ~NUH LIFE INSURANCE disability insurance 15.66 Park Areas 101 NUM·LIFE INSURANCE disaQility insurance 21.18 Accounting 101 241~ UNUH tIFE INSURANCE disability insurance 40.82 Salaries & Adminstrative 101 .2~t4 UNUM lIFE INSURANCE \. disability insurance 26.38 Administration and General 601 .2414 UNUM LIFE INSURANCE ~\,disability insurance 21.36 Sewage Treatment Plant 602 ..\ ';~:,< .., \ - ,- ''1¡ '1' . , ~ '" .., . Over Time & Callouts April 12 to April 25, 1996 Ray Bechtold Rachel Stapleton 04-20-96 2.00 hrs weekend work 04-16-96 2.00 hrs Joint Mtg 04-21-96 2.00 hrs weekend work 04-17-96 2.00 hrs Board of Review 04-18-96 3.00 hrs Council Mtg Comp Balance 0.00 hrs Vacation Balance 195.00 hrs Comp Balance 48.25 hrs Vacation Balance 152.00 hrs Mary Generous Mike Sworski Comp Balance 18.00 hrs Vacation Balance 120.00 hrs Comp Balance 6.00 hrs Vacation Balance 56.00 hrs Jean Gustin Dick Taufen 04-17-96 2.00 hrs Court 04-13-96 10.50 hrs S & S Comp Balance 98.00 hrs Vacation Balance 248.00 hrs Comp_ Ba-lance 35.50 hrs .~ . Vacation Balance 90.00 hrs Judy Weyrens . Ho 1 iday Balance 40.00 hrs Comp Balance 83.50 hrs Brad .~ i ndgren Vacation Balance 134.00 hrs Comp BalaRfe 82.50 hrs Jeff Young Vacation Balance 160.00 hrs Holiday Balance 10.00 hrs 04-15-96 1.50 hrs finish arrest Brad Meyer Comp Balance 82.00 hrs Vacation Balance 200.00 hrs Comp Balance 11. 75 hrs Holiday Balance 20.50' hrs Vacation Balance 160.00 hrs Holiday Balance 10.00 hrs Dean Cichy Camp Balance 12.00 hrs Jim Marthaler Holiday Balance 48.00 hrs 04-13-96 2.00 hrs street sanding 04-13-96 2.00 hrs weekend work 04-14-96 2.00 hrs weekend work 04-17-96 5.00 hrs street sweeping Comp Balance 37.00 hrs Vacation Balance 174.00 hrs Holiday Balance 0.00 hrs .