ORD 23-12of
ver
Ordinance 23 - 12
An Ordinance Amending Chapter, 46, Article II - Public Nuisances, of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Chapter 46, Article II, Public Nuisances of the City of Elk River Code of
Ordinances is hereby repealed in its entirety and replaced as follows:
ARTICLE II. PUBLIC NUISANCES
Sec. 46-31. Statement of Purpose.
The purpose of this Chapter of the Code is to prohibit certain conduct that is harmful to the health,
safety, and welfare of the community and to prevent and abate nuisance conduct, events,
characteristics or conditions and their deleterious effects on City. The Council finds that excessive
noise, disruption and other public nuisance activities are injurious to the public health, safety and
welfare and interfere with the quiet enjoyment of life and property.
Sec. 46-32. Generally.
Whoever by act or failure to perform a legal duty intentionally does any of the following is guilty of
maintaining a public nuisance, which is a misdemeanor:
(a) Maintains or permits a condition which unreasonably annoys, injures or endangers the safety,
health, morals, comfort or repose of any considerable number of members of the public.
(b) Interferes with, obstructs, or renders dangerous for passage any public highway or right-of-
way or waters used by the public.
(c) Is guilty of any other act or omission declared by law to be a public nuisance and for which no
sentence is specifically provided.
(d) Permits real property under his control to be used to maintain a public nuisance or leases the
property knowing it will be so used.
Sec. 46-33. Inspections.
The city's authorized representatives shall enforce the provisions of this division, and for the
purposes of enforcing such provisions or satisfying themselves as to whether there has been any
JJ violation thereof, they shall, where they have reasonable cause to believe that this division has been
violated in any instance, enter into any examination as to the existence or presence upon such
premises of any nuisance as specified in this division. No person shall resist, oppose, or obstruct
such officers in the enforcement of this division.
Sec. 46-34. Public nuisances.
(a) The following are declared to be public nuisances:
(1) All ponds or pools of stagnant water.
(2) All decayed or unwholesome food offered for sale to the public.
(3) Privy vaults and garbage cans which are not flytight and trash receptacles of insufficient
size so as to not eliminate the storage of trash outside the covered receptacle.
(4) The effluent from any cesspool, septic tank, or sewage disposal system discharging upon
the surface of the ground.
(5) Accumulations of manure, trash, household items, or other debris.
(6) The pollution of any public well or cistern, stream or lake, canal or body of water by
sewage, industrial waste or other substances.
(7) All noxious weeds and other overgrown vegetation upon public or private property.
(8) Dense smoke, noxious fumes, gas and soot, or cinders in such quantities as to render the
occupancy of the property itself, or any other property, uncomfortable to a person or
ordinary sensibilities.
(9) Accumulations or storage in the open (i.e., not contained within a building) of any of the
following items or any parts or accessories thereto:
a. All dangerous unguarded machinery, in any public place, or so situated or
operated on private property as to attract the public;
b. Household appliances or furnishings;
C. Any motor vehicle which is inoperable, not currently licensed, or generally is
not being driven.
d. Items which are not generally or normally used on the particular premises;
e. Firewood which is not neatly stacked;
f. Any other materials or items of any kind or nature which tend to harbor rats,
mice, snakes, or vermin or otherwise a potential fire, health or safety hazard from
such accumulations;
g. Pipe, lumber, forms, machinery, or other occupational materials kept up any
property for more than 30 days except when in current use in construction or repair
work; and
h. Accumulations of any items that tend to cause unsightly appearance of the
premises and which cause discomfort for any other members of the public who may
be using their own or public property.
i. The outside storage of pipe, lumber, forms, machinery, or other occupational
materials upon property in a residential district and covering more than one percent
of the total lot area of such property.
j. Dumpsters, bag dumpsters, and other rubbish containment containers
(excluding standard trash and recycling bins used in conjunction with normal
household or business operations) used for the disposal of garbage, trash, rubbish,
etc. must be located on a paved or gravel surface and may not be placed within the
public right-of-way.
1. Dumpsters, bag dumpsters, and other rubbish containment
containers are limited to 30-days within a calendar year, unless being utilized
in conjunction with an active building permit for a temporary service such as
a construction or remodeling project benefitting the premises.
(10) Violations of the International Property Maintenance Code or State Building Code which
exist on the exterior of the Property and create a potential fire, health or safety hazard.
(11) Violations of the International Property Maintenance Code or State Building Code which
cause unsightly appearance of the premises, and which cause discomfort for or interfere
with any other members of the public and their use and enjoyment of their own or public
property.
(12) The improper storage of containers for the storage of waste.
a. For single-family dwellings, appropriate waste containers may be stored in
the rear of the premises, may be stored in the side yard if screened from the street
and adjoining properties, or may be stored within any structure located on the
premises.
b. For commercial or multi -family residential buildings, appropriate waste
containers may be stored in the rear of the premises or within any structure located
on the premises. All trash areas that are visible from any public right-of-way will be
screened on all sides. Trash or trash containers must not exceed the height of the
screening. Required screening will be at least 95% opaque throughout the year,
unless otherwise specified. Screening will be designed to be compatible with the
architectural treatment of the principal building.
(13) All signs, awnings, wires and other structures over the streets or sidewalks so situated or
constructed as to endanger public safety.
(14) The allowing of rainwater, ice, or snow to fall from any building or structure upon any
street or sidewalk or to flow across any sidewalk.
(15) Wastewater, excepting that of natural runoff rainwater or snow, which is cast upon or
permitted to flow upon or over streets or other public property.
(16) Any well, hole or excavation left uncovered or in such other condition as to constitute a
hazard to a person being or coming upon the premises where the well, hole or excavation
is located.
(17) To own or have control of property or a building thereon which property or building has
incomplete landscaping or exterior appearance and for which no building permit for
construction work has been issued within the preceding 12 months.
(18) All buildings, walls and other structures which have been damaged by fire, decay or
otherwise, and which are so situated as to endanger the safety of the public.
(19) To permit or suffer to be or remain offensive, hurtful, dangerous, unhealthy or
uncomfortable to any person or neighborhood any sewer, private drain, sink, pool,
cesspool, outhouse, privy vault, putrid or unsound flesh, meat, fish, skin, carcass, garbage
(except in otherwise authorized containers), stagnant water, vegetable matter, weeds,
rodents, vermin, rubbish, swill, offal, metal cans, ashes, litter, yard cleanings (except as
otherwise authorized), or other unwholesome or offensive substance, liquid or other
thing, in or upon premises or land occupied by or under the control of the party allowing
such a condition.
(20) To permit or allow upon one's private property a tree which is dead, diseased or otherwise
not maintaining foliage on more than 50 percent thereof in the growing season.
(21) For any person to urinate or defecate on public or private property other than in facilities
provided for such functions.
(22) All gambling devices, except those gambling devices known as paddlewheels or tipboards
or apparatus used in conducting raffles, provided that a license to operate such gambling
device has been obtained in accordance with the provisions of chapter 38, article V.
(23) Betting, bookmaking, and all apparatus used in such occupations.
(24) All trees, hedges, billboards, or other obstructions that prevent persons from having a
clear view of all traffic approaching an intersection.
(25) The outside piling, storing, or keeping of old machinery, junk, junk vehicles or inoperable
vehicles, unlicensed vehicles, car parts, debris, trash, or abandoned motor vehicles as
defined by Minn. Stat. ch. 168B, regardless of whether such items are located on the
ground or on a trailer.
(26) The outside storage of boats or other items that do not comply with the following
requirements:
a. When stored outside, boats (except pontoon boats) shall be stored on a
trailer designed for transporting the model, type, and size of boat on the trailer.
b. Covering items with a tarp or other covering not specifically designed for the
items beneath the covering does not abate the nuisance.
(27) The placing or throwing on any street, alley, road, highway, sidewalk or other public
property of any glass, tacks, nails, bottles or other substances which may injure any person
or animal or damage any pneumatic tire when passing over such substance.
(28) The parking of a truck tractor and/or trailer, or other commercial type vehicle, excluding
pickup trucks or vans, in excess of 7,000 pounds gross weight, on:
a. Public property within an area zoned residential; and
b. Residential lots in all zoning districts below two and one-half acres in size,
unless a conditional use permit for a home occupation has been granted, provided
the vehicle is parked on an approved surface, and all other provisions of the city
code are complied with.
(29) The idling of a truck tractor in excess of 15 minutes from April 16 through October 31,
and 30 minutes from November 1 through April 15.
(b) In the enforcement and interpretation of this section, the city shall take into account the fact
that there is significant diversity of uses in the city, particularly the fact that substantial portions
of the city are agricultural lands. Some of the listed nuisances may not be deemed to be
nuisances when they are reasonably conducted and related to productive agricultural use of
land.
Sec. 46-35. Buildings or structures which endanger public health, safety or property.
(a) Any building or structure in the city which is found by the city administrators' designee or
the fire marshal to be dangerous to public safety or health or to other property by reason of:
(1) Damage by fire;
(2) A defective chimney or stovepipe;
(3) Dilapidated condition or decay;
(4) Defective electric wiring;
(5) Defective gas installation;
(6) Defective heating apparatus;
(7) A defective sewage disposal system or plumbing; or
8 An other defect endangering public safe or health or other property;
() Y g g P safety p P tY;
is hereby declared to be a nuisance affecting public safety and health.
(b) The city administrators' designee or the fire marshal may order such nuisance abated by
ordering its repair, correction, or removal. Such order shall be in writing and shall order the repair,
correction or removal of the nuisance within 30 days or such other time as the building and zoning
administrator or fire marshal shall deem reasonable. Such order shall be served upon the owner, the
lessee, or the occupant of the property involved, by mail or by personal service. The order may
provide that the building or structure not be further used or occupied until repair or correction of
the defect.
Sec. 46-36. Snow and Ice Removal; Deicing Materials.
(a) Nuisance conditions. No such owner or occupant of private property adjacent to a public
sidewalk shall allow snow, ice, dirt or rubbish to remain on the walk longer than 48 hours after its
deposit thereon and any snow, ice, dirt, and rubbish remaining on a public sidewalk after more than
48 hours is a public nuisance. The owner and the occupant of any property adjacent to a public
sidewalk shall use due diligence to keep such walk safe for pedestrians..
(b) Removal by the City. The city's authorized representative shall cause to be removed from all
public sidewalks all snow, ice, dirt, and rubbish as soon as possible beginning 48 hours after any
such matter has been deposited thereon or after the snow has ceased to fall. He shall keep a record
showing the cost of such removal adjacent to each separate lot and parcel and shall deliver such
information to the council. The City Council may assess these costs against each separate lot and
parcel pursuant to Minn. Stat. § 429.101(a)(1).
(c) All salt, sand, and other deicing materials stored outdoors must be covered at all times.
When not using a permanent roof, a waterproof impermeable, flexible cover must be placed over all
storage piles. The cover must prevent runoff and leachate from being generated by the outdoor
storage piles. The cover must be secured to prevent removal by wind or other storm events. Piles
must be formed in a conical shape and covered as necessary to prevent leaching. Salt must be stored
on an impervious surface. Property owners shall implement practices to reduce exposure when
transferring material from salt storage areas (ex. Sweeping, diversions, and/or containment).
Sec. 46-37. Weed and Grass Elimination
(a) Nuisance conditions. Owners and occupants of property shall abate or prevent the following
nuisances on property owned or occupied by them and on land outside the traveled portion of the
street, highway or alley abutting such property:
(1) Plants defined by law to be injurious to public health, public roads, crops,
livestock, and property, and otherwise known as noxious weeds.
(2) Any weeds or grass growing to a height greater than eight inches, or which have
gone or are about to go to seed.
(b) Publication of notice. On or before May 15 of each year, and at any other time as directed by
the council, the city shall publish once in its official newspaper a notice directing owners and
occupants of property within the city to destroy on their property all weeds and grass described in
subsection (a) of this section. As a minimum, the notice shall require elimination of such weeds
and grass within ten days of such publication and further state that, if any such nuisance is not
eliminated as required, the city will eliminate the nuisance at the owner's expense, the cost of
which work will be made a special assessment against the property if not paid.
(c) Mailing of notice.
(1) When a nuisance appears to exist in violation of subsection (a) of this section, the
city shall serve notice upon the owner and occupant of the property, or the agent of each,
by certified mail or by personal service, ordering such owner and occupant to have such
weeds or grass cut and removed within ten days after the mailing of the notice and also
stating that in case of noncompliance such work will be done by the city at the expense of
the owner and that, if unpaid, the charge for such work will be made a special assessment
against the property concerned.
(2) When no owner, occupant or agent of the owner or occupant can be found, notice
shall be posted on the property on which the nuisance exists ten days before the city
eliminates the nuisance, which posting shall constitute mailed and published notice
pursuant to this section.
(3) Lack of receipt of notice shall not constitute a defense to the requirements of this
section, provided good faith efforts to comply with this section are made.
(4) Representatives of the city are authorized to go upon property upon which a
nuisance appears to exist in order to measure vegetation height and take reasonable
vegetative samples in connection with such nuisance.
(d) Removal by city. If an owner or occupant fails to comply with such notice within ten days
after its having been mailed, or if no owner, occupant, or agent of each can be found, the city may
cause such weeds or grass to be cut and removed. A record shall be kept showing the cost of such
work attributable to each separate lot or parcel and such information shall be filed with the city
clerk.
(e) Exceptions. The terms of subsection (a)(2) of this section shall not apply to the following:
(1) Property that is undeveloped, except for those portions of such properties within
200 feet of abutting property developed or under development, improved public or private
facilities, or streets, provided that the undeveloped property is mowed not less than once
per year.
(2) Property that is used for agricultural purposes and is under current cultivation or is
used for grazing purposes, except for those portions of such properties within 200 feet of
abutting property developed or under development, improved public or private facilities,
or streets.
(3) Natural preserves, which shall be any publicly owned lands designated as park or
open space or private properties approved by the city which are set aside to preserve their
natural characteristics and qualities.
(4) Public right-of-way property physically separated from adjacent private property by
any improvement placed by public authority.
(5) Public right-of-way property otherwise posted by public authority so as to indicate
that mowing should not occur or only should be done by public authority.
(6) Native American burial sites identified in mound management plans approved by
the city pursuant to state statute.
Sec. 46-38. Excessive noise.
It is declared to be a public nuisance for any person to make or assist in the making of any nuisance
noise or any loud, unnecessary or unusual sound or any sound which annoys, disturbs or affects the
comfort, repose, health, peace, or safety of others in the city.
Sec. 46-39. Specific noises prohibited.
The following are declared to be nuisance noises:
tj (a) Horns or sirens. The sounding of any siren or any horn, siren, or other signaling device on a
motor vehicle except in cases of imminent danger or emergency, or blowing of a locomotive whistle
or steam whistle except to give notice of the time to begin or stop work or as a warning of fire or
danger.
(b) Radios, phonographs, tape recorders, etc. The use or operation of a radio receiving set, musical
instrument, phonograph, tape recorder or other machine or device used for production or
reproduction of sound at a volume in excess of that reasonably necessary for the convenient hearing
of the persons in the room, vehicle, or chamber in which the machine or device is being operated.
The operation of any radio receiving set, musical instrument, phonograph, tape recorder, or other
machine or device for the reproducing or producing of sound between 11:00 p.m. and 7:00 a.m.
shall be prima facie evidence of a violation of this article if sound therefrom is plainly audible:
(1) In an apartment or hallway of a multifamily building adjacent to the unit where the
device is operating.
(2) At the boundary of the real property on which the device is operated.
(3) At a distance of 50 feet from any motor vehicle in which the device is operating.
(c) Loudspeakers, amplifiers, and sound trucks. The use or operation of any loudspeaker, sound
amplifier, sound truck, or vehicle equipped with sound amplifying devices or other machine or
device for the producing or reproducing of sound which is used to attract the attention of the public
to any building, structure, business, vehicle, or other area.
(d) Human noise. Yelling, shouting, screaming, whistling, or singing at any time or place so as to
annoy or disturb the quiet, comfort, or repose of any persons in any office, dwelling, hotel, motel,
other place of residence, or in the vicinity of the source.
(e) Noi y animals. The frequent or continued barking, howling, or other noise from any animal or
bird not confined within a building.
(f) Vehicle loading and exhausts. The discharge of the exhaust of any motor vehicle into the
ambient air except through a muffler which is free of holes, cracks, or other defects, or the
operation, loading, or unloading of any motor vehicle in such manner as to create loud and
unnecessary grading, grinding, rattling, or other noise which shall disturb the comfort or repose of
any persons in the vicinity.
(g) Construction and industrial activities. The erection, demolition, alteration, or repair of any
building; or earth -moving and excavation activities; occurring between the hours of 9:00 p.m. and
6:00 a.m. Monday through Saturday or on Sunday, except as undertaken by persons working on
single-family residences occupied by them or as authorized by the building inspector based upon an
emergency for the protection of health and safety.
(h) Creation of noise near school, court, church or hospital. Any activity which generates sound occurring
adjacent to a school, court, church, or hospital while the premises are in use and which unreasonably
interferes with the use thereof.
(i) L.oud parties. Sound emanating from any party or gathering between the hours of 11:00 p.m.
and 7:00 a.m. of a sufficient volume so as to disturb the peace, quiet, or repose of other persons
within the city. It shall be prima facie evidence of a violation of this article if the sound of the party
or gathering is audible to a human ear at a distance of 50 feet from the building or dwelling unit
from which the sound emanates. Any person who participates in a party or gathering which
generates nuisance noise shall be guilty of maintaining a public nuisance. If any party or gathering is
determined by a city official to generate nuisance noise, all persons except the owner or permanent
occupant shall promptly leave the premises in an orderly manner. A violation of this subsection shall
be deemed to be the act of the owner of the residential dwelling unit wherein it occurs, as well as the
persons on the premises who violate this subsection, except that the owner of a dwelling unit
occupied by others shall be liable only for those violations occurring after a written notice of a
violation of this subsection shall have been received.
Sec. 46-40. Remedies and Abatement.
(a) Injunctive belief. Without affecting any other penalty provision in this division or elsewhere in
City, at the direction of the City Administrator or their designee, the City may enforce any provision
of this division by mandamus, injunction, or any other appropriate remedy in any court of
competent jurisdiction.
(b) Alternative Civil Remedy. Without affecting any other penalty provision in this division or
elsewhere in City Code, the council may, in conjunction with such penalty or in the alternative, in
the form of a resolution, declare that there exists upon privately owned lands or premises a public
nuisance.
(1) Notice of the passage of the resolution shall be served personally upon the owner of
the premises or their agent or the occupant of the premises if the names of such persons can
be readily ascertained. Such notice may be served by mail in all cases where such owner,
agent, or occupant is not in the city or cannot be found therein. Such notice may likewise be
served by posting for 24 hours a copy of such notice upon the premises where the nuisance
exists whenever the owner or agent thereof is not known or cannot be found and a post
office address is unknown. The notice shall designate therein the time after the service or the
mailing or the posting of the notice which the council considers a reasonable time for the
abatement or removal of such nuisance and the right to a hearing before the city council
made within 24 hours of the notice of abatement and that, if no hearing is demanded, any
right to a hearing is waived.
(2) In instances where the council declares by resolution that there is a public nuisance
and proceeds with a civil remedy as provided in this section instead of the criminal remedy
as set forth by the giving of notice as required in this section, the owner, agent, or occupants
of the premises, after such notice, shall remove and abate the nuisance. The cost of such
removal or abatement shall by paid by the owner, agent, or occupants.
(3) If such notice is not complied with within the time specified therein, the city shall
cause the removal or abatement of such nuisance and the cost thereof shall be assessed
against the premises. The cost of such removal or abatement shall include publication of any
action by the council, posting and service of notices, and costs and expenses, including
personnel, expenses of equipment, a certification processing fee, and the sums of money
necessarily paid out by any city department as a cost or expense of abatement from such
nuisance. The council shall adopt an assessment roll levying a special assessment upon such
lands and premises directly involved in the abatement of nuisance, which shall be
transmitted to the county auditor and included with the next tax levy upon such land and
premises and collected in the manner provided by law for levying and collection of other
special assessments.
(c) Abatement; Dirporition of Property. Upon the declaration of certain conditions and acts to be a
public nuisance in violation of City Code and, if the city council requires such conditions to be
abated, the council may order the property constituting the nuisance to be removed, destroyed, or
disposed of, to ensure termination of the nuisance. Upon seizure of the property constituting the
nuisance, the city will inventory the property, and the city administrator or their designee will
determine whether the items seized have any reasonable value, in excess of city costs to store and
dispose of the property. If, after inventory, the city administrator or their designee makes a
determination that no reasonable value of the property exists or that destruction of the property is
necessary to abate the nuisance, the property shall be destroyed. If the city administrator or their
designee, however, determines such destruction is not necessary and there is reasonable value
remaining in the property, the property shall be sold. The amount of money received as a result of
any sale, if any, shall be applied against the cost of abatement, including all costs incurred by the city
in the abatement, including without limitation the cost of the removal, storage, handling,
destruction, and disposal thereof, all staff time, legal and other consulting fees. Any balance
remaining after such reimbursement to the city, if any, shall be remitted to the property owner.
This provision may be utilized in conjunction with a court order for injunctive relief.
(d) Nothing in this section prevents abatement by the city of a public nuisance without notice
and hearing in the case of an emergency in which there is an immediate and direct threat to the
public health or safety. The expense of such an emergency abatement shall be collected as a special
assessment against the property upon which the nuisance was located.
Secs. 46-41^46-79. Reserved.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 5th day of June, 2023.
n
hn J Die Iayor
ATTEST:
f
Tina Allard, City Clerk
Last Updated January 2023
P 0 W E R I I I V
NATURd
AFFIDAVIT OF PUBLICATION
CITY OF ELK RIVER
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 06/10/2023 and the last
insertion being on 06110/2023.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in latter yiunty.
By
Designated Kgent
Subscribed and sworn to or affirmed before
me on 06/10/2023 by Rhonda Herberg.
Notary Public
DARLENE MARIE MAMHOWN
NOTARY PUBLIC - MINNESOTA
My Commisslon ExphM Jan 31 2024
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Councilmernber Grupe. intro-
duced the following resolution and
moved its adoption:
RESOLUTION 23-19
A RESOLUTION OF THE
CITY OF ELK RIVER
APPROVING NOTICE OF
SUMMARY PUBLICATION
OF ORDINANCE #23-12 AN
ORDINANCE AMENDING
CHAPTER, 46, ARTICLE II
- PUBLIC NUISANCES, OF
THE CITY OF ELK RIVER,
MINNESOTA, CITY CODE
WHEREAS, on June 5th, 2023,
the Elk River City Council adopted
Ordinance 23-12 repealing and re-
placing Chapter 46, Article II — Pub-
lic Nuisances, of the Elk River Code
of Ordinances; and
WHEREAS, the ordinance
amendment updates the city's
nuisance ordinance to provide
additional clarity to the Council's
expectations regarding the appear-
ance of properties within the com-
munity; and
WHEREAS, the enforcement
process has also been updated
to provide the city with additional
opportunities for addressing prop-
erties of continued or immediate
concern; and
WHEREAS, a copy of the full
text of the ordinance is available
for inspection by any person at the
office of the Elk River City Clerk,
13065 Orono Parkway, during reg-
ular business hours; and
NOW, THEREFORE, BE IT RE-
SOLVED by the City Council, by at
least four -fifths vote, authorizes the
publication of the title and summa-
ry of Ordinance 23-12.
The motion for adoption of the
foregoing resolution was duly sec-
onded by Counciimember Beyer,
and upon vote being taken thereon,
the following voted in favor thereof:
Mayor Dietz, Councilmembers Gru-
pa. Westgaard. Beyer. and Wagner
and the following against: none,
whereupon said resolution was de-
clared duly passed and adopted.
The following members were
present: Mayor Dietz Coun-
cilmembers Grupa, Westgaard.
Bever. and Wagner and the follow-
ing absent: none.
Passed and adopted this 5th
day of June 2023.
John J. Dietz, Mayor
ATTEST.
Tina Allard, City Clerk
Published in the
Star News
June 10, 2023
1321456
Ad ID 1321456