HomeMy WebLinkAbout1997 [10] Oct 02 {Book 12}
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. CITY OF ,st. JOSEPH
!l First Avenue NW
'.0. Box 668,
;t. Joseph, MN 56374
320) 363-7201
~ax: 363-0342
CITY OF ST. JOSEPH
CITY COUNCIL MEETING
sta~ October 2, 1997 - 7:00 P.M.
1IibJ ~
~_ =::m
~ ----
MAYOR AGENDA
<:enneth J. Hiemenz
1. Call to Order.
::LERKJ' 2. Approve Agenda.
I\.DMINISTRATOR
<achel Stapleton 3. CONSENT AGENDA
a) Approve Minutes - Sept. 9 & Sept 18
b) Exemption from gambling license - St. Joseph Rod & Gun Club, Event
October 24 at EI Paso Club, and waive the 30 day revi~w.
::OUNC~O~ c) Application for Payment - W. C~hman Construction
~ObLoEhslo 4. PUBLIC COMMENTS TO THE AGENDA
_ory eft
.~nTNw~edt fu 5. 7:10 P.M. Bills Payable & Overtime and Call Outs.
1 en er
6. Mayor (& Committee) Reports
a) Mayor's Award
b)
c) Other Matters of Concern
7. Council (& Committee) Reports
8. Department Head Reports -
a) EDA Dirctor - Chad Carlson
1) Manfacutures Week
2) MIF Grant (Minnesota Initiativ~ Fund)
b) Director of Public Works - Richard Taufen
9. Clerk/Administrator Reports
a) Move Polling Place - Precinct 3 and send notice to all registered
voters. Approve change and costs.
b) Minimum Standards for Municipal Ordinances which Pawn Shops
c) Other Matters of Concern
10. Financing needs (tabled from last meeting)
a) Wiring for Hockey Rink Lights
b) City Hall - Fire Hall Antenna
11. Miscellaneous or Announcement Items.
...
12. Adjourn Meeting.
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. CITY OF ST. JOSEPH
J First Avenue NW MEMO
',0, Box 668.
t. Joseph, MN 563:r'b : Honorable Mayor and Members
320) 363-7201 Rachel StaPlet~
'ax: 363-0342
FROM:
II~ DATE: September 26, 1997
~ --- RE: Items carried over from the last meeting.
!lAYOR
~enneth J. Hiemenz
We are compiling the information received from other cities on
fees and charges that were not established in the proposed
::LERKJ' resolution approving the fees and charges schedule (tabled from
cDMINISTRATOR the last meeting) . This information will be available for the
~achel Stapleton second meeting in October.
The Council may consider the status of Pawn Shop ordinance. If
:::OUNC~O~ it is repealed there will be no need for a charge. If not,
10b Loso charges should minimally cover overt city costs.
::ory Ehlert
(en Twit The Council may also recommendations on the maximum cost of
Wiectenfuer equipment City Employees obtain with out prior Council
approval, currently it is $50.
The Council discussed the status of Neil Loso's accessory
building at the last meeting and agreed to suspend the building
permit until the structure is in compliance with the ordinance.
Building Official Dale Haug inspected the building and
reported it has been moved to the required set back and is in
compliance. Therefore the building permit is not suspended.
Have a nice weekend and enjoy the fall weather.
..
.
.3220 For Board Use Only
.w06/96 Minnesota Lawful Gambling
Fee Paid
. Application for Authorization for an Check #
Exemption from Lawful Gambling License Initals
.'
Date Recd
Organization Name . " . ~ . '{--:. ----fð~d çf-'G~~ ~ë C~b" ..pr€vie(~trl'~a~~];)emPtion number
b~. .JõSt
Street 37L( City State Zip ~GJ 7r County
pÒ ~cr'f b~ J fYt(.... .
Name of Chief Executive Officer of organization (CEO) Daytime Phone number of C-7~ t --;s.
First Name Last Name 3:2d .
Jo~t Me(~r- ( ) 3{L"3./ ~
Name 0 rganlzation reasurer Daytime Phone Nur:nber of Treasurer
First Name Last Name
RCl \ f l (1).cJ) "dfL3 - 7CZ{D
Check the box that indicates the type of proof attached to this application
by your organization:
o Fraternal , o IRS letter indicating income tax exempt status
o Veterans [¡J Certificate of good standing from the Minnesota Secretary of State's office
o Religious o A charter showing you're an affiliate of a parent nonprofit organization
ßJ Other nonprofit o Proof previously submitted and on file with the Gambling Control Board
State Zip Code County
:¿ ~i--ý . AlP ðbd7<{ .steltV' N
Date(s) of activity (for raffles, indicate the date of the drawing)
a « ;:2L(f~ (q q
Check the box or boxes which indicate the type of gambling activity your organization will be conducting
CJ *Bingo œ. Raffles 0 *Paddlewheels D *Pull-tabs D *Tipboards ...
. ... . - ., ,
*Equipment for these activities must be obtained from a licensed distributor
Be sure the Local Unit of Government and the CEO of your organization sign . For Board'{jse Only
the reverse side of this application. Date & Initials of Specialist
/ L ,
~,--::-, :..,...-;/::::.:-.-'.. >:>: .
s;LôêªiTUì1jt<:Q~;¡GOvemmenttlti¡;sdictiCJh;:
Is this gambling premises located within city limits?(Ý] Yes DNo .
If Yes, write the name of the City: Jd~tfh~~
City Name sf,
If No, write the name of the County and the Township:
County Name Township Name
Check the appropriate status of the Township: D organized 0 unorganized D unincorporated
~~~1~.i~~~~~~ii~~J:¡~~·~:~y~·
1, The city must sign this application if the gambling 3. DO NOT submit this application to the Gambling Control
premises is within city limits. Board if it is denied by the local unit of government.
2. The county and township must sign this applica- 4. NOTE: A Township may not deny an application.
tion if the gambling premises is not within city limits.
Upon submission of this application to the Gambling Control Board, the exemption will be issued not
more than 30 days (60 days for cities of the 1 st class) from the date the local unit of government
signed the application, provided the application is complete and all necessary information has been
received, unless the local unit of government passes a resolution to specifically prohibit the activity. A
copy of that resolution must be received by the Gambling Control Board within 30 days of the date
filled in below. Cities:of the first class have 60 days in which to disallow the activity.
City or County Acknowledgment of Receipt of Township Acknowledgment of Awareness of
Application Application
Si ature of person receiving application Signature of person acknowledging application
.
Date Signed:
Title of person acknowledging application
I have read this application and all information is true, accurate and complete.
c0 atf 1Je¡:; , Date: '7- d '3 - '3 /
ç - Submit the application at least 45 days prior to your scheduled date of activit;..
Be sure to attach the $25 application fee and a copy of your proof of nonprofit status.
Mail the complete application and attachments to:
Gambling Control Board
1711 W. County Rd B Suite 3005
Roseville, MN 55113
", This publication will be made available in altemative format (Le. large print, braille) upon request.
Questions on this-form .should.be directed to- the Licensir1g Section of. the.Gambling Control Board at
(612)639-4000.
Hearing impaired individuals using a TDD may call the Minnesota Relay Service at 1-800--627-3529 in the .
Greater Minnesota Area or 297-5353 in the Metro Area. '
The information requested on this form will be used by the Gambling Control Board (GCB) to determine your
compliance with Minnesota Statues and rules governing lawful gambling activities. All of the information
that you supply on this form will become public information when received by the GCB.
<- . ___oIt.
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. 1/,"
Hagemeister and Mack · Architects, Inc.
501 W. St, Germain, Suite 200
St, Cloud. MN 56301-3605
Tel.: 320 . 251 . 9155
Fax: 320 . 251 .4919
,
25 September 1997
Ms. Rachel Stapleton
City of St. Joseph
21 Northwest 1st Avenue
St. Joseph, MN 56374
Re: St. Joseph Community Fire Station
St. Joseph, MN
Project 9547
. Dear Rachel,
Enclosed please find one copy of the Application and Certificate for Payment NO.6 from W. Gohman
Construction Company, Inc., certified in the amount of $124,705.00. We recommend paYl1}ent be
made to W. Gohman Construction Company, Inc. in the amount certified.
Please note that retainage from this Application for Payment is $6,563.00.
Sincerely,
HAGEMEISTER AND MACK ARCHITECTS, INC.
~
Tom Peck
Enclosure
cc: W. Gohman Construction Company
...
.
Members American Institute of Architects · Minnesota Society American Institute of Architects
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¡:
. ' CITY OF ST. JOSEPH
"
:1 First Avenue NW
'.0. Box 668,
;t. Joseph, MN 56374
320) 363-7201
-ax: 363-0342
MEMORANDUM
I.~ é~
~--- To: City Council i . ,
From: Chad A. Carlson, EDA Director '
vlAYOR Date: September 26, 1997 .
(enneth J. Hiemenz
RE: Minnesota Initiative Fund Grant Application
:::LERKJ' The Minnesota Initiative Fund has grant dollars available to assist communities in over coming
cDMINISTRATOR economic barriers. The design, surveying and platting ofthe proposed industrial park in S1. Joseph is
~achel Stapleton considered planning activities under the program and are eligible expenses. The program allows for up to
$5,000 in planning dollars to assist with this expense. Mr. Bettendorfwill be getting an estimate to me
for the activities mentioned above so we have a better understanding of the costs.
::OUNC~O~
10b Loso I will bé completing the grant application by the 10th of October (due date) and will need
::ory Ehlert approval trom the Council to move forward with the application.
~en Twit
wectenfuer In addition, I have been speaking with Steams Electric to solicit funds for the development of the
industrial park. Mr. Tim Mergen is working on the request and should be getting back to me shortly.
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City o£ S-t. J.. oseph, 1YIi.n.n.eso-ta .
proclAmAtion
"1lYHERE.A.S: Manufacturing has the second largest total payroll of any business
sector in Minnesota, providing $15,1 billion in wages; and
"1lYHERE.A.S: Manufacturing produces $25 billion for the state economy and is the
largest single share (20 percent) of our gross product; and
"1lYHEREA.S: Manufactured exports brought $8.9 billion into the Minnesota
economy in 1996; and
"1lYHEREA.S: Manufacturing provides high skill, high wage jobs which significantly
contribute to Minnesota's high standard of living and economic vitality; and
"1lYHERE.A.S: Manufacturing contributed nearly $210 million in corporate income
taxes in Minnesota, more than any other sector and almost 30 percent of total
corporate income taxes in 1996.
NO'1MTHEREFORE, I Mr. Kenneth J. Hiemenz, Mayor of the City of St. Joseph,
Minnesota, do hereby proclaim the week of October 13 - 17, 1997 to be: .
~t. dosephr t)!)innesotA t)!)AnufActures Week
In Witness Whereof, I have hereunto set my
hand and caused the Great Seal of the
City of St. Joseph, Minnesota to be affixed
at the City Office this thirteenth day of
October in the year of our Lord one
thousand nine hundred and ninety-seven.
(Seal) Kenneth J, Hiemenz, Mayor
~
.
City Administrator
~, . '-
r V
. RAJKOWSKI HANSMEIER LTD.
.'
Attorneys at Law
September 11, 1997
ST. CLOUD
11 Seventh Avenue North
Ms. Rachel Stapleton
P.O. Box 1433 st. Joseph Clerk Administrator
St. Cloud, MN 56302-1433 City Hall
320/251-1055 P.O. Box 668
800/445-9617 st. Joseph, MN 56374
FAX 320/251-5896
Re: Municipal Regulation of Pawn Shops
Minn. Stat. Ch. 325J -- Effective August 1, 1997
INTERNET ADDRESS
rajhan@cloudnet.com Dear Ms. Stapleton:
Effective August 1, 1997, municipal ordinances which
regulate pawn shops must contain certain minimum
standards set forth in Minn. Stat. Ch. S 325J. I have
enclosed a copy of Minn. Stat. Ch. S 325J for your
FRANK J. RAJKOWSKl * t review.
. GoRDON H. HANSMEIER
FREDERICK L. GRUNKE As you are aware, st. Joseph's City Code regulates pawn
shops. Upon reviewing the recent statutory changes in
THOMAS G. JOVANOVICH conjunction with st. Joseph's local controls, it
JOHN H. SCHERER appears as if some revisions/additions will be required
PAUL A. RAJKOWSKl t to comply with Minn. Stat. Ch. S 325J. Specifically,
KEVIN F. GRAY st. Joseph's pawn shop regulations presently do not
WILLIAM J. CASHMAN include minimum licensing, recordkeeping, and
RICHARD w. SoBALVARRO redemption requirements set forth by Minnesota
BRIDGET M. LINDQUIST Statutes. Local controls currently in effect will only
need to be revised if less restrictive than Minn. Stat.
BRIAN L. WILLIAMS Ch. S 325J. Upon request, our office would be more
than willing to revise st. Joseph's pawn shop
regulations.
In the alternative, the City of st. Joseph could simply
FRANK J, RA 1COIVSKI AND repeal its existing local controls and adopt the
RICHARD w. SoBALVARRO ARE language of Minn. Stat. Ch. S 325J verbatim. Yet
ADMI1TED TO PRACTICE IN another option would be to go without any local
NORTI-I DAKOTA, controls -- allowing any criminal charges, etc. to be
GoRDON H. R"-NSMEŒR IN filed directly under Minn. Stat. Ch. S 325J.
NORTH DAKOTA AND WISCONSIN,
PAUL A. RAjKOWSKlIN WISCONSIN, Again, only less restrictive local controls will be
AND WILLIAM J. CASHMAN IN
SoUTH DAKOTA, superseded by Minn. Stat. Ch. S 325J. More restrictive
regulations governing pawn shops may "remain in effect.
In short, the issue is whether the city of st. Joseph
. wishes to maintain any of its more restrictive controls
-- as opposed to simply relying on the enclosed
>t ME~mER OF A\1ERICA.!"J Minnesota Statutes.
BOARD OF TRIAL ADVOCATES.
t QUALIFIED ADR NElITRAL.
,/ . ,
Ms. Rachel Stapleton .
Page 2
September 11, 1997
If you have any questions or concerns as to enclosed statutes, or
this matter in general, please feel free to contact either Brian
Williams or myself. We look forward to hearing from you.
Sincerely,
RAJKOWSKI HANSMEIER LTD.
Scherer
JHHjcmp .
Enclosure
cc: Chief Brad Lindgren
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§ 3251.05 DISCLOSURE OF VIDEOTAPE !
. or videotape service provider unless it is open-captioned or closed-captioned for the Subd. 5. Pawnshop. "Pawnsh?p" means
and hard of hearing. .' vmbroker regularly conducts busmess.
For purposes of this sectio~, "videotape seller" and "videotape service provider" have the pa . "P ,
Subd. 6. Pawn transactIon. awn trar
meanings given them in section 3251.0l. pledged goods or any purchase of pledged gOOl
Subd. 2. Enforcement. A person who violates this section is subject to the penalties and left 'with the pawnbroker and may be redeeme-
remedies provided in section 8.31, except subdivision 3a. within a fixed period of time.
Subd. 3. Application. This section applies to prerecorded videocassette tapes or similar Subd. ï. Person. "Person" means an indi\'
audio-visual material that: company, joint venture, trust, association, o~'
(1) is primarily produced for sale to educational institutions, training facilities, state or local Subd. 8. Pledged goods. "Pledged goods'
government agencies, or medical facilities; and choses in action, securities, bank drar-...s, or
(2) is released or rereleased on or after June 1, 1997, and more than 500 copies are purchased by, deposited with, or otherv.ise
proàuced in the release or rerelease; or pawnbroker in connection with a pawn transac:
(3) is produced by a governmental entity for educational purposes. Laws 1996, c, 404. § 1.
Laws 1995. c. 143, § 1. 325J.02. Municipal licensing and regulatioI'.
(a) For the purpose of promoting the P'
Chapter 325J murJcipality may adopt an oràinance,. issue lie.'"
transactions. Ordinances must conuun the ml!'_
PAWNBROKER REGULATION (b) A person may not engage in business .a.s.
as a pa\\l1broker unless the person has a valid -
Section Section Any pa\m transaction made \\ithout beneñt of :
325J.01. DerùÙtions. 3253.08. Records; prohibitions. (c) A 'separate license is required for each
325J.02. Municipal licensing and regulation. 3253.09, Redemption; risk of loss.
325J.03. Licensee eligibility. 3253.095. Motor vehicle title pawn transactions; more t.ìan one license to a perso::. if that pel's
3253.04. Pawn tickets. special provisions. (d) Each license shall remain in full force aI',
325J.05. Records; retention. 325J.1O. Pawnshop location. or expired. A license may be suspended
3253.11. Violation.
325J.06. Effect of nonredemption. 3253.12. T1'ansition. municipality's ordinance.
325J.07. Permitted charges. 3253.13. Ordinances; consistency. (e) No expiration, revocation. suspension, 01'
..01. the obligation of any preexisting la\\fJl co!:~
Definitions (0 The appropriate local law enÎorcemem G
any licensee whose license has e;,.-pired or t
Subdivision l. Scope. As used in this chapter, the following terms have the meanings provided by this chapter.
given them unless the context clearly indicates otherwise. Laws 1996, c. 404, § 2.
Subd. 2. Appropriate law enforcement agency. "Appropriate law enforcement agency"
means the artorney general of the state of Minnesota, the sheriff of each county in which a 325.J.03. Licensee eligibility
pa\mbroker maintains an office, or the police chief of the municipality or law enforcement (a) To be eligible for or to maintain a pawn:
officers of the municipality in which a pawnbroker maintains an office. and fairly \\ithin the purposes of this cha¡:
Subd. 3. Municipality. "Mu..'1Ícipality" means any town, home rule charter or statutory (1) may not be a minor at the time that the
cit"j, or county that elects to regulate and license pawnbrokers Vvithin its jurisdiction pursuant (2) mav not have been comicted of any crir.:
to local oràinance. prescribe'd by section 364.03, subdi\ision 2, ur':
Subd. 4. Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a of sufficient rehabilitation and present ñmess
person engaged in whole or in part in the business of lending money on the security of I chapter as prescribed by section 364.03, subdi'.-.-
pledged goods left in pawn, or in the business of purchasing tangible personal property to be (3) must be of good moral character or repu:
left in pa\m on the condition that it may be redeemed or repurchased by the seller for a fixed (b) Any change, directly or beneficially, in '
price within a fixed period of time. require the application for a new license and tl:
(h) The following are exempt from the definition of "pawnbroker": any bank regulated by requirements.
the state of Minnesota, the comptroller of the cUlTency of the United States, the Federal Laws 1996. c. 404, § 3.
Deposit Insurance Corporation, the board of governors of the Federal Reserve System or any
other federal or state authority and their affiliates; any bank or savings association whose 325J.04. Pawn tickets
deposits or accounts are eligible for insurance by the Federal Deposit Insurance Corporation Subdivision 1. Entries of pawn tickets.
or any successor to it and all affiliates of those banks and savings associations; any state or transaction, the pawnbroker shall immediaœl:
federally chartered credit union; and any industrial loan and thrift company or regulated information by using ink or other indelible 1T_
lender subject to licensing and regulation by the department of commerce. _Approved by the municipality:
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DISCLOSURE OF VIDEOTAPE: r
,_ . .. . .,WNBRO!ŒR REGULATION § 325J.04
,;:, It is open-captioned or closed-captioned for the p.
Subd. 5. Pawnshop, "Pawnsh?p" means the location at which or premises in which a
seller" and "videotape service provider" have the pawnbroker regularly conducts busmess.
Subd. 6, Pawn transaction. "Pawn transaction" means any loan on the security of
violaœs this section is subject to the pe alti d pledged goods or any purchase of pledged goods on the condition that the pledged goods are
lbdivision 3a, n es an I left with the pa\v11broker and may be redeemed or repurchased by the seller for a fixed price
plie- t d d . \ within a fixed period of time.
. ;:, 0 prerecor e Vldeocassette tapes or simil i
ar ì Subd. 7. Person. "Person" means an individual, partnership, corporation, 1irni:ed liability
~.'onal' .' ti. . . . . company, joint venture, trust, association, or any other legal entity, however 0rganized,
~c.. mslltu 'ons, trammg facilities state r I cal .
and ' 0 0 Subd. 8. Pledged goods, "Pledged goods" means tangible personal property Jther than
0,. J' Q ,.. choses in action, securities, bank drafts, or printed e'iidence of indebtedness. that are
.. ,une I, L91, and more than 500 copies are purchased by, deposited \\-id1, or othervvise actually delivered into the possession of a
_ pa\\11broker in connection \vith a pa\VIl transaction.
ror educational purposes, L . 1Q96. 404·' 1
a\\ s v ,c. .",
325J,02, i\'lunicipallicensing and regulation
. ter 32w J (a) For. the purpose of promoting the public. health, safet:.', morals, and 'xelfare, a
p ;) municipality may adopt an ordinance, issue licenses to qualified applicants, and reg-1.Ìate pawn
~R REGuLATION transactions. Ordinances must contain the minimum provisions of this chapter.
(b) A person may not engage in business as a pa\Y11broker or othel'\\ise portray ~'1e person
Section as a pavmbroker unless the person has a valid license author.zing engagement in ::-:e business.
32~.08, Records; prohibitions. A.'1y pa\\-11 transaction made \\ithout benefit of a license is \'oid,
~~~.~~~ ~fedempr:iho~; ris.k ofloss. (c) A separare license is required for each place of business. A municipali::: may issue
. o. iY otor ve ¡de title Pawn trans . h li " th ..' t.h thi \. . , li
_ special provisions. actions; more t. an one cense to a perso~ 1.1 at person compnes \\ìt 'S c¡,apter tor ê~èn cense.
g~:n0' P~wn~hop location. (d) Each license shall remain in full force and effect until mrrendered, suspenèed, rev.
32~i 1~' ~la~o!1' or expired, A license may be suspended or revoked for failure to compi:: \\ith
3 -J' -, ?slton. . municipalitv's oràinance.
25 .13. Ordmances; consIstency. J
(e) No expiration, revocation, suspension. 01' surrender of any license shall impair or affect
the obligation of any preexisting la\\-ful contract between the licensee and ar.y pledgor.
(f) The appropriate local law enforcement agency shall be notilled by the mu,"licipality of
chapter, the following term h th. any licensee whose license has expired or been surrendered, suspended, or :-evoked as
!S othernise. save e meanmgs provided by this chapter.
agency "A . Laws 1996, c, 404, § 2,
,t,_ . ppropI1::te law enforcement agency"
,.wmesota. the sheruf of ea h ty , .
~e chief of the . ; ali .c coun m which a 325J,03. Licensee eligibility
, " mU11lC.p t¡ or law enforcement ." - ..' .
OKer mamtams an office. (a) To be el1glOle tor or to mamtam a pa\\11broker license, a person must operate lawfully
jean" an'" . hand fairly \\it.~. the purposes of this chapter and the applicable local or~"1ance and:
. - : .0','.11. ome rule charter or statut .
ise paw11brokers \\-ithin its jurisdiction pursu:-~ (1) may not be a mmo:- at the time that the application for a pa\\11broker's lice:-~e is filed;
(2) may not have been convicted of any crime directly related to the occupatio:: Ucensed as
wiòed in paragra h (b)" " p:escrib~d by secti~n 3.64.03, subdivision2, unless the person has. sho\\11 c?mpere:1t evidence
busine"" of I ctk ,p~wnoroker' means a or sufficIent rehabilitation and present fimess to perform Ü1e duues of a licensee under this
; oJ our~;:'has' enta g.. ml oney on the security of chapter as prescribed by sec'ion 364.03, subdivision 3; and
. " . . ,ng nglO e personal property to be -
aeemed or repurchased by the seller for a fixed (3) must be or good moral character or repute.
(b) Any change, directly or beneficially, in the ownership of any licensed pa,'11shop sball
.1ition of "pa\\-11broke"'" b nk require the application for a new license and the new O\\11er must satisfv all CUITer:t eligibilih·
. . any a regulated b . - ..
1e currencv of th U "~d ·s y reqwrements.
" . e ruLe tates, the Federal
?: emors of the Federal Reserve System or any , Laws 1996, c, 404, § 3.
~::t~s; any bank or savings association whose . - .
0;' the Federal ?eposit Insurance Corporation 325J,04, Pawn tJckets '
:..~a~ and savmgs ~sociations; any state or Subdivision 1. Entries of pawn tickets, At the time of making the pawn or purchase
1uó.trlal loan and thri.ft company or regulated ~:nsacti,on, the p~\m?roker shall i:nme.diaœly a,nd legibly record in English t::e following
.e eparbnent of commerce, . mtormation by usmg. I~k ?r other mde!1ble medium on forms or in a compute!"'2ed r.
2 ' approved by the murucIpalIty:
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.5J.04 " PAWNBROKER REGULATION PAWNBROKER REGULATION
(1) a complete and accurate description of the property, including model and serial nwnber 325J.07. Permitted charges
if indicated on the property; (a) Not\\;thstanding any other statute, orct
(2) the full name, residence adàress, residence telephone nwnber, and date of birth of the pawnbroker may contract for and receive a pa'
pledgor or seller; month of the principal amount advanced in t:
(3) date and time of pawn or purchase transaction; storage and services. A fee for storage and f
(4) the identification nwnber and state of issue from one of the following forms of i not in the possession of the pawnbroker.
identification of the seller or pledgor: current valid Minnesota driver's license; current valid, (b) The pa\Vì1shop charge allowed under pa:
Minnesota identification card; or current valid photo identification card issued by another owing as of the date of the pawn transaction ar
state or a province of Canada; owing on the same day of the succeeding montl:
(5) description of the pledgor including approximate height, sex, and race; two weeks before the next succeeding date,
(6) amount advanced or paid; pawnshop charge for that month to the pledgor
(7) the maturity date of the pawn transaction and the amount due; and (c) Interest shall not be deducted in advance
(8) the monthly and annual interest rates, including all pawn fees and charges. yield greater interest or fees than would be pe:
other\\;se evading any provisions of this sectior:
Subd. 2. Printed pawn ticket. The following shall be printed on all pawl'. ticket<>: (d) Any interest, charge, or fees contracted i
(1) the statement that "Any personal property pledged to a pawnbroker v.ithin this state is of the ar.1ount permitted under this section, sl
subject to sale or disposal when there has been no payment made on the account for a period shall be void,
of not less than 60 days past the date of the pawn transaction, renewal, or extension; no (e) A schedule of charges permitted by th
further notice is necessary. There is no obligation for the pledgor to redeem pledged goods.";
(2) the statement that "The pledgor of this item attests that it is not stolen, it has no liens premises L'1 a place clearly visible to the genera'
or encumbrances against it, and the pledgor has the right to sell or pawn the item."; Laws 1996. c, 404, § 7.
(3) the statement that "This item is redeemable only by the pledgor to whom the receipt
was issued, or any person identified in a \vritten and notarized authorization to redeem the 325J.08. Records; prohibitions
property identiñed in the receipt, or a person identified in writing by the pledgor at the time A pa\mbroker and any clerk, agent, or emplo.
of the initial transaction and signed by the pledgor. Written authorization for release of
erty to persons other than t.'I}e original pledgor must be maintained along with the (1) make any false entry in the records of pa,
al transaction record."; and (2) falsll;.·, obliterate, destroy, or remo\'e fro¡
(4) a blank line for the pledgor's signature. accounts relating to the licensee's pawn transac:
Laws 1996, c, 404, § 4. (3) refuse to allow the appropriate law enfor
325J.05. Records; retention other duly authorized state or federal law enfor
any pa\m goods in the person's possession du:
(a) The pledgor or seller shall sign a pawn ticket and receive an exact copy of the pawn tim~s acceptable to both parties;
ticket. (4) fail to maintain a record of each pa\\ì1 traY.
(b) The pa\Vì1broker shall maintain on the premises a record of all transactions of pledged
or purchased goods for a period of three years. These records shall be a correct copy of the (5) accept a pledge or purchase property fron:
entries made of the pawn transactions. A pawnbroker shall upon request provide to the (6) make any agreement requiring the perso:
appropriate law enforcement agency a complete record of pawn items. any pro\ision of this section, or providing Îor a
Laws 1996, c. 404, § 5. date of the pa\\ì1 transaction;
325.1.06. Effect of nonredemption (7) fail to return pledged goods to a pledgor c
in section 3253.09, upon payment of the full ar
(a) A pledgor shall have no obligation to redeem pledged goods or make any payment on a date of redemption is more than 60 days past t
pa"Wì1 transaction. Pledged goods not redeemed within at least 60 days of the date of the extension and the pa\mbroker has sold the pleà~
pav.ì1 transaction, renewal, or ex-..ension shall automatically be forfeited to the pawnbroker, pledged goods have been taken into custody r
and qualified right, title, and interest in and to the goods shall automatically vest in the agency;
pawnbroker. (8) sell or lease, or agree to sell or lease, plec
(b) The pawnbroker's right, title, and interest in the pledged goods under paragraph (a) is or seller in the same, or a related, transaction;
qualified only by the pledgor's right, while the pledged goods remain in possession of the (9) sell or otherwise charge for insurance in cc
pavmbroker and not sold to a third party, to redeem the goods by paying the loan plus fees
R."1d!or interest accrued up to the date of redemption. by(10) re:n?ve pledged goods from the pa\mshc
(c) A pawn transaction that involves holding only the title to property is subject to chapter ~ muruclpalitv at am' time before unredeemec
06 . .
168A or 336. " , ,
Laws 199(;, c. 404, § 6. ,~ 1996, c. 404, § 8.
. 14 15
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§ 325J.08 PAWNBROKER REGULATION EMPLOYMENTS LICENSED Be
Historical and Statutory Notes 325J.13. Ordinances; consistency
Derivation: St.l927, § 10224, Nothing in this chapter preempts or su
St,I994. § 609.8I. Gen.St.1923, § 10224. that provides for more restrictive regulatio
Laws 1986. c. 444, G€n.S11913, § 8742. Laws 1996. c. 404, § 14.
Laws Hm, c. 23, § 83. Rev.Laws 1905, § 4974. ,
/
Laws 1963. c. 753. G€n.St.1894, §§ 6600 to 6602.
Minn.SLI961, §§ 614.17, 614.18 subd, I. Pen.Code, §§ 306 to 308. Ch
325J.09, Redemption; risk of loss EMPLOYMENTS
A:ny person to whom the receipt for pledged goods was issued, or any person identified in a ARCHITECTS, ENGINEERS. SURv"EYOR:
\vritten and notarized authorization to redeem the pledged goods identified in the receipt, or L.'L'\DSCAPE ARCHITECTS, GEOSCIEN-
any person identified in VtTiling by the pledgor at the time of the initial transaction and TISTS, INTERIOR DESIGNERS
signed by the pledgor shall be entitled to redeem or repurchase the pledged goods described Section
on the ticket. In the event the goods are lost or damaged while in possession I)f the 326,02. Licensure or ceJ'ti,;caúon of archit€<
pavmbroker, the pav.-nbroker shall compensate the pledgor, in cash or repjacement goods engineers. surveyors. ]ancscaDe
chiœcts, geoscie;tis~. and iÎ1ter
acceptable to the pledgor, for the fair market value of the lost or damaged goods, Proof of desig-ners.
compensation shall be a defense to any prosecution or civil action. 326.03, License or certificate reouired.
Laws 1996, c. 404, § 9. 326.04. Board of architecture: eng'.neeri:
land surveying, ]anàscape - archit
325J,095, Motor vehicle title pawn transactions; special provisions ture, geoscience, and int€rior desi'
326.05. Qualifications of board members. .
(a) In addition to the other requirements of this chapter, a pa\\11broker who holds a title to 326.06. Generaì powers and duties of board.
326.ûí. Board, meetings of. ofñcers, quor-;.lm.
a motor verÜcle as part of a pav.11 transaction shall: 326.08, Expenses of board ar.d membe:s.
(1) be licensed as a used motor vehicle dealer under section 168.27, and post such license on 326,09. Records of bo<.rd.
t.i-¡e pav'11shop premises; 326.1 O. Licensure and cer...ñ:a:!on.
326.11. License or certil"Ìcate suspensio:l, re'
(2) verify that there are no liens or encumbrances against the moWr vehicle with the cation, re.issuance. :ePia.cema
depa."'tmen~ of public safety; and 326.111. Issuance. aemal, re\'ocauon,
(3) verIfy that the pledgor has automobile insurance on the motor vehicle as required by pension of licer.ses and ceo u
àisciDline.
law. 326.12, Licensê or cercificav? as e\iàe:!ce; 5e
(h) A pawnbroker may not sell a motor vehicle covered by a pa\\l1 transaction until 90 days 326.13. Practice exemDt.
after recovery of the motor vehicle, 326,14. Corporations 'and pa:tnerships autr
r.zed.
Laws 1996, c, 404, § 10. MI:\:\ESOTA ELECTRICAL ACT
325J.10. Pawnshop location 326.242l. .AJatm and commu:1..Ícation svsu:ms,
326.244- Inspection, .
No pa\\11shop shall be located 'Within ten driving miles of any gambling casino. No PRIV.UE DETECTIVES, PROTECTIVE
pav.11shop, lawfully operating as of April 2, 1996, shall be required to reJocate or close as a
result of t.his section. AGE~TS
Laws 1996, c. 404, § II. 326,338. Persons engaged as privat€ det€ctiv
or proœctive agen~.
325J,l1. Violation
A vioiation of Uùs chapter by a pawnbroker or pledgor is a mJsdemeanor. ARCHITECTS, E?\GINEERS, SUI
Laws 1996, c. 404, § 12. GEOSCIEi\TISTS,
325J.12, Transition 326,02. Licensure or certification of arc
(a) Pavmbrokers that are in business when a municipality adopts an ordinance under this tects, geoscientists, and interio
ch~pter must apply for a license and pay the required fee within six months of adoption of the Subdi . ,
orcunance. ty VISIOn 1. Registration mandator
I ~~ to promote the public welfare, á
(h) A county t..1-¡at has adopted an ordinance under Minnesota Statutes 1994, sections ~lDg, or .offering W practice, archit€
471.924 to 471.927, must confonn the ordinance to this chapter by August 1, 1997. Pawnbro- in this ;e arC~tecture. or ?ro.f~ssional geose
kers that are in business when a municipality adopts a new ordinance under this chapter must eertiñe tate, elU:e~ ,as an mdindual, a copa:
apply for a license and pay the required fee Vtitiùn six months of the adoDtion of the new .. to ~ as ~ereIna!ter pro\iàed. It shall [
ordinance. . Irehi~' In this st.ar,e, architecture, pro
Laws 199ô, c, 404, § 13, - e, or profeSSIOnal geoscience, or
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· V RAJKOWSKI HANSMEIER LTD.
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Attorneys at Law
ST. CLOUD September 24, 1997
11 Seventh Avenue North
P.O. Box 1433
St. Cloud, MN 56302-1433
320/251-1055 Mr. Kirby Dahl
800/4-15,9617 Attorney at Law
FAX 320/251-5896 318 Main Street
Cold Spring, IvIN 56320
INTERNET ADDRESS Re: Joint Resolution for Orderly Annexation
rajhan@doudnet.com Our File No. 18,274
Dear Kirby:
Enclosed herewith please find a redraft of the Orderly Annexation Agreement. The
FRANK J. R"JKOWSKl' t changes are noted by strike-out or shading. Please call me with your comments. I
GORDON H. HANSMEŒR will incorporate any of the additional changes that we agree upon and send out a
· FREDERICK L. GRUNKE clean copy to you and the clerks for review and final approval by the City and
Township. At that time, I will ask the clerks to prepare the appropriate exhibits
THOMAS G. JOVANOVICH referenced in the agreement.
JOHN H, ScHERER
PAUL A. RA KOWSKl t Very truly yours,
KEVN F. GRAY
WILLl~"lJ. CASHMAN RAJKOWSKI HANS MEIER LTD.
RICHARD W. SoBALVARRO
BRIDGET ~L LINDQUIST
BRIAN L. WILLIAMS
JHS jbaz
FRA:-JK J. R~IKOWSKI .-\...'m Enclosure
RICHARD \V. SúBALVARRO ARE
.-\D~iITTED TO PRACßCE ¡::..¡ cc: Rachel Stapleton (wjenclosure)
NORTH DAKOTA,
GoRDO~ H. H.-\.."íS:-'I.EIER 1::'-: l:\gen \18Z74\at092497.011
:\ORTH DAKOT.",- A:-¿D WISCO:-;SIN,
P.-\l"l. A. R-\lKow5K1 L" WlSCO~Sp,..;,
A:-';D \VILlH~t J. C.~H.\-tAN IN
SülïH DAKOTA.
·
. :-'IEMijER QF AMERICA:;
BO.-\RD OF TRIAL ADVOCATES.
t Qü.\UHED .-\DR NELïR.\L.
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TOWN OF ST. JOSEPH RESOLUTION NO.
CITY OF ST. JOSEPH RESOLUTION NO. .
JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE
TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA.
WHEREAS, the Town of St. Joseph (hereinafter referred to as the "Town") and the City of St. Joseph
(hereinafter referred to as the "City"), both located entirely within Stearns County, in the State of Minnesota,
have agreed that there is a clear need for a cooperative future planning effort for the land governed by the two
jurisdictions; and
WHEREAS, to this end, have met extensively in discussion and study of future planning issues as the Greater
St. Joseph Area Committee; and
WHEREAS, the Town Board and City Council have expressed their desire to encourage future development of
land near the City so as to avail such development of municipal services as much as is practical, while
encouraging the retention of land in agricultural use;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow,
that the City and Town enter into this Joint Resolution for Orderly Annexation.
1. Designation of Orderlv Annexation Area. The Town and City desire to designate the area set forth on
the map attached (Exhibit 1) and the legal description attached (Exhibit 2) as subject to orderly
annexation under and pursuant to Minnesota Statutes Section 414.0325.
2. Minnesota Municioal Board Jurisdiction. Upon approval by the Town Board and the City Council, this
Joint Resolution shall confer jurisdiction upon the Minnesota Municipal Board (hereinafter referred to .
as the "Municipal Board") so as to accomplish said orderly annexations in accordance with the terms of
this Joint Resolution.
3, No Alterations of Boundaries. The Town and City mutually agree and state that no alterations by the
Municipal Board of the stated boundaries of the area designated for orderly annexation is appropriate.
4. Review and Comment bv the Municipal Board. The Town and City mutually agree and state that this
Joint Resolution and Agreement sets forth all the conditions for annexation of the areas designated, and
that no consideration by the Municipal Board is necessary. The Board may review and comment, but
shall, within thirty (30) days, order the annexation in accordance with the terms of this Joint Resolution.
5. Planning and Land Use Control Authority, The Town and City mutually agree and state that within thirty
(30) days of the effective date of the Municipal Board's order establishing the Orderly Annexation area,
a board \vill be established to exercise planning and land use control authority within the designated
orderly annexation area pursuant to Minnesota Statutes, Section 414.0325, Subdivision 5c, in the manner
iiiïiiii¡iiii(iifiiì¡iÎflliil¡i~li~aWiit§~t§;SIlli
All zoning and subdivision regulation within the orderly annexation areaIm:mmJg@#ft~ng=m shall be
controlled by a three (3) member commission, with one member appointedfroin each of the City Council,
Town Board, and the Stearns County Board of Commissioners.
~
Such membership to this committee shall be appointed on an annual basis by both the City Council and
the Town Board. The County membership shall be held by the Commissioner for the district containing .
both the City and Township,
"
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This committee shall serve as the "governing body" and "board of appeals and adjustments", for purposes
. of Sections Minnesota Statutes, Sections 462357 and 462358, within the orderly annexation area. The
committee shall have all of the powers contained in Minnesota Statutes, Sections 462351 to 462.364, and
shall have the authority to adopt and enforce the Uniform Fire Code promulgated pursuant to Section
¡¡&§.mì§f(f.i.11i'III¡II.I..~~11_liÎfä¡¡::f:gi¡:¡ijjª::lPffifl2i
6. Municipal Reimbursement. The City and Town mutually agree and state that, pursuant to Minnesota
Statutes 414.036, a reimbursement from the City to the Town shall occur for the taxes collected on land
annexed into the City, according to the following conditions:
A. All reimbursement will be based on the valuation and tax capacity of the land as it exists in the Town
at the time of its annexation.
B. The reimbursement on said land shall be based on a five (5) year schedule with the percentage of
base taxes reimbursed to the Town as follows:
Year 1 60%
Year 2 50%
Year 3 40%
Year 4 30%
Year 5 20%
C. At the sixth year, and every year thereafter, all pertinent tax revenues will be the property of the City.
D. Any circúmstances of extreme undue hardship may be cause for re-negotiation of this section on a
case-by-case basis.
. 7. Conditions for Orderly Annexation.
A. , Timeliness of annexation, The City and Town desire to establish zones within the area designated
in Section 1 so as to provide a relative reference as to when services might be reasonably provided.
The zones are designated as:
ZONE PROJECfED LIFE MAP LEGAL DESC.
Zone 1 0-5 Year Exhibit 4 Exhibit 7
Zone 2 6-10 Years Exhibit 5 Exhibit 8
Zone 3 11-20 Years Exhibit 6 Exhibit 9
The City will make reasonable effort to provide and plan for the possible extension of services into
each zone within the projected life of each zone.
Unless a petition of property owners for annexation has been fùed with the City, the City agrees not
to petition for annexation of any area within Zone 1 for a period of five (5) years, unless it is ordered
to provide sanitary sewer and/or municipal water services to any areas in said zone by the MPCA
or any other State or Federal regulatory agency. At the end of five (5) years, the Town agrees not
to object to any petition for annexation of Zone 1 by the City.
Unless a petition of property owners for annexation has been filed with the City, the City agrees not
to petition for annexation of any area within Zone 2 for a period of ten (10) years, unless it is
ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by the
MPCA or any other State or Federal regulatory agency. At the end of ten (10) years, the Town
agrees not to object to any petition for annexation of Zone 2 by the City. "
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2
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Unless a petition of property owners for annexation has been filed with the City, the City agrees not ·
to petition for annexation of any area within Zûne 3 for a period of twenty (20) years, unless it is
ordered to provide sanitary sewer and/or municipal wª'ter services to any areas in said zone by the
MPCA or any other State or Federal regulatory agency. At the end of twenty (20) years, the Town
agr~es not to object to any petition for annexation of Zûne 3 by the City.
B. Annexation Petition Requirements. In order to be considered for annexatio~:::thiWøwñ$MBt at least
sixty (60) percent of the property QWÐers P%£§M:::§HprIDt~~ in the affected ';;;'~';;:;:;·~rP'~:tition.
Iftá.i:::9ims§::p± sixty (60) percent or more, but less than one hundred (100) percent of the ím~
Bf property ewB-e-f5 in the affected area petition for annexation, a joint hearingof both the Town
iïi'ii\iiikÌ!~m;¡!ihiÇi¡~~~_~¡;dfll&l.
If ŒËB;JSm§t::::~g one hundred (100) percent of the Ê:wwID§:::m property ewÐe-f5 in the affected area
petition for annexation, the City Council will, as an agenda item at their next regular Council
meeting, review the petition for consideration of annexation.
8. Joint Planning Committee. Any issues that would normally come before the Planning Commissions of
either the City or Town that involves land within the boundaries of the orderly annexation area described
in Section One pt!2.t~9::~@~~~g2R; will be heard by a Joint Planning Commission.
Membership of the Joint Planning Commission shall be as follows:
A. Three (3) members from the City Planning Commission.
B. Three (3) members from the Town Planning Commission. ·
C. The City member of the Orderly Annexation District Planning and Zoning Authority.
D, The Town member of the Orderly Annexation District Planning and Zoning Authority.
The posting and publishing of meetings for the Joint Planning Commission, as well as the taking of
minutes for their meetings, shall be the responsibility of the Town Clerk,
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9. Periodic Review, The City and Town mutually agree and state that a periodic review of this agreement
is to be conducted beginning three (3) years after the effective date of this agreement and every three (3)
years thereafter. The Joint Planning Committee as described in Secuon 8 of this agreement shall be
responsible for conducting this periodic review, and shall present a report of said review to both the City
Council and Township Board for their consideration of any recommendations.
10. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the terms
of this Joint Resolution into effect.
11. ìi{¡'ï,tiiiili'iIt.1Ií1'tJII
12. ~J1::m~w~;þ:'I;i~ji~~~:il~W~lì~~~~î~irir;Mþ.:§#.;~9§Pf:f§åPx:~lg::$9XštNªìQRæM::;9f::m£:;ÊifY
·
3
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.. ...l ;;¡Ç~ St. Joseph Park Board
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St. Joseph, Minnesota 56374
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Minutes of August 25, 1997
The meeting was called toorder by Joe Braun, Chairperson at 6:30 pm in the
City Ha 11 .
Members present: Marge Lesnick, Joe Braun, Lonnie Abbott, Claudette Klein
and Liaison Bob Loso.
~embers absent: Irma Oanier and Dave Thomas.
Mintes were approved with the following correction: #6. should state "no
ball playing in the Tot Lot parks and no golfing in all parks. ¡~i nutes 'Here
then approved.
Old Business:
City Council Liaiso.n'R~port:
1. Hockey rink: materials arein the par and some at Bob Losols home. A motion
was made and seconded at August 5 meeting to accept 1201 x 851 rink. Joe
will call"members to attend a meeting this week.
2. Kl i nefe lter Park - Tra i 1 'wi 11 be completed in two weeks.
. 3. Soccer Field: Mary Bluemke contacted the MN Youth Soccer Assn and they will
donate goals in return for the use of the field. The project should be
completed by the end of fall.
4. Budget Report: The budget for the parks was cut by $5,000 but the budget
is not complete.
5. Northland Park: Weed kill has been done. Seeding was approved by the Council.
After Budget approval we will begin planning for the spring of 1998 in January.
Old Business:
1. Tot Lots: The Park Board feels that at this time no type of golfing should be
done in the Tot Lot parks including driving range because of the way the parks
are designed.
2. Summer Recreation: Dave Heideman gave a report on the Summer Recreation
Programm: 250 registered for the program. 230 attended the end of program
picnic. Cost ot t-shirts went up somewhat. Cost is rising for busing
to the ~illstream Park. $125 was donated for bus fare by several businesses.
Marge made a motion to have Dave Heideman as the Summer REcreation Program
Director for the summer of 1998. ;V¡otion carried.
3. Signs in Park Bulletin Boards: no report.
4. Camping in Millstream: there has been vandalism this year in that area.
New Business: "
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1. Skating Rink Attendant: Joe will put an ad in the Newsleader.
. 2. The City has adjusted the fees for the use of parks (Centennial/Millstream)
to $60 for 1998 Summer fee charge.
Meeting adjourned at 8:15 pm.
Next meeting will be September 22 at City Hall.
Minutes submitted by:
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