HomeMy WebLinkAbout1999 [10] Oct 21 {Book 17}
. CITY OF ST. JOSEPH
21 First Avenue NW
P.O. Box 668, St. Joseph City Council
St. Joseph, MN 56374 October 21,1999
(320) 363-7201 I 7:00 P.M.
Fax: 363-0342 I
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. 11. Call to Order
2. Approve Agenda
3. Speci~l Order of Business· Employee Recognition
MAYOR
Kenneth J. Hiemenz 4. Approve Consent Agenda
a. Tree Maintenance - Authorize hiring of North Central Landscaping to perform tree
maintenance in Klinefelter Parkfor $675.00
CLERK! b. Report for Re-hiring Assessor
c. Approve Lot Split - Armaline Rothfork - Northland Plat 4
AUMINISTRATOR d. Award bidfor Electrical Modifications to Well Houses 3& 4 to Design Electricfor $4250 plus
Cari Schmidt an add on for $1,800 for mounting.
e. Application for Payment No.1 and a cost split for 1999 Sixth Avenue NE/Northland Drive
.from J.R. Ferche for $57,203.87
COUNCILORS 5. Approve Minutes -
Bob Loso
alert City Council Meeting 9/16/99
City Council Working Meeting 9/22/99
l1:! i it City Council Meeting 9/30/99
Mary Niedenfuer City Council Meeting 10/07/99
6. Bills Payable and Overtime
8. Public Comments on the Agenda
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9. 7:30 Public Hearing - Business Subsidy agreement - Chad Carlson
10. Seren - Presentation
11. Easements along sanitary sewer line in North Park Addition Area - Dick Taufen
12. Personnel Manual- Judy Weyrens
13. USI)ARUS Loan Agreement
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14. i
NOI¡thland Subdivision AgreemenU Plat
15. Police Chief Recruitment
16. Building I)esign Committee
17. Mayors Report
18. Council Reports
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19. derkJAdministrator Reports
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20. Miscellaneous and Announcement Items
21. Adjourn
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Information only items
Bar status reports I
Events Center Graph ·
Northstar Corridor Nersletter
Homeless Concerns Gfoup Meeting Minutes
League of Women Voters Letter
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· J --- CLEF~A"MIN1ST"¡T~R ME"O"¡NÚll"
:1 i. < MÁYüR1\NDbcPUNCJL
~M' CAR15æMIDT-CLERR:IADMINJSTRATOR
S 'fECT: MEMO FOR ~ETING OF 10/21/99
JTE: 10/15/99
Cduncil Meeting - The Cdnsent Agendais pretty routine.
a. The tree maintenance request is for Klinefelter Park. The low quote was from North Central landscaping
b. for $675.00., .1
Stearns County Assess~r's Office requires this form to be turned in annually. The Coilllcil must sign the
document to say whethe or not they want to rehire Ollie Lesnick as, the Assessor.
c. Approve Lot Split -~aline Rothfork-.NortWand Plat 4
d. The bid opening for this project was on 10/13. The City received two bids from Design Electric and Cold
Spring Electric Services, Inc. The low bidder was Design Electric for $4,250 , plus an add on of $1,800 for
mounting ofthe equiprhent.
· e. APpµ=nfo,pæ¡mtNO. .1 ..d a OO~ '0" fo, 1999 SŒth Av,"", NElNortW.nd Pnv,from R
Ferche for $57,203.87
M nutes - I apologize for the number of minutes you have to review. I am now officially caught up and
WI I do my best to stay thai way. Thank you for your patience.
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B siness Subsidy agreemknt - Chad will be addressing this item for the Council.
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s~en - It was determined Irecently, that Seren was installing cables and fiber optic lines in the City right of
w y. We sent them a lettei asking them to cease and desist. They are now in conversation with the City
Arm,y ","UI Qbtaining al (mud';', Io, th' Cily oI St IO'''Ph.Th,y would lil" to mal" a ,hort
pr sentation to the Councnl this evening.
E "",ontaalnng SanilaJ"wor Uno in Nnrth Park Addition Aroa - Dick Tanlen win b, addæssing
this item for the Council. i
p, rsonnelMap.u~l ~Judy,:fhassH~n.~B:OtJRS¡md HOURS onthe l?ersPnrlel Committee.. Itlooksíantastic!
e issue of performance reviews was, recently brought up by the personnel committee. ,In the past, all of
th reviews were done at qe same time. The personnel manual, section 17 has the performance reviews
d ne on the employee's anpiversary date. Inmy opinion, this is a good policy. Having everyone's review
at the same time puts an added element of tension and stress in the office. It will also more likely lead to
comparisons andbadfeeliAgs. This change is a good one.
UkDARUS Loan Agree~ent- The City still needs to secure an opiriìon froman IndependentFinancial
A visor regarding this lo~. Please see Judy's memo.
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Northland Subdivision Agreement / Plat - You have a copy of the Subdivision Agreement which has ·
been signed by Lumber One. The Preliminary plat has been approved by the Planning commission. We
still have not received a copy of the fmal plat. If we do receive it before the meeting, I will bring it on
Thursday. The Council can decide what they want to do with it then.
Police Chief Recruitment - I drafted a position profile and job description for your review. The Police
Department is also critiquing it. The Council should also discuss how they want to proceed with the
interview process.
Building Design Committee - The EDA approved the contract with the architect, Grooters Leapaldt
Tideman. A committee should be formed to deal with the design of the interior. Myreconnnendation is
that Judy, Dick, Police Department member, possibly the building inspector, the Mayor and another City
Council member and myself, be make up the committee.
Old Business
I spoke with Dick Taufen about the lights out on the water tower. He reported that the bulbs are burnt out.
They are expected to last 3 years. These bulbs were only over 2 years old. The City does not stock the bulbs as
they are easily breakable. They also cost around $65.00 each. They are on order and should be here in about
two-three weeks.
I also spoke with Dick about the piles of dirt on Pondview 6. (south of Dale). He indicated that the piles are
push off from 12th after the wash out from the heavy rain.
We will soon be going out for bid for our refuse service. The contract with BFI ends in December. Waste
Management and Total Disposal Systems have already expressed interest. ·
Weeks In Review - Last Tuesday, I attended the Lions club meeting. It was informative and fun to put so
many familiar names with faces.
This was a nice week for getting caught up (minutes!).
On Monday, I met with Diane Hageman, the new Communications Director for St. Benedict's
monastery. She is very excited about her new position and encourages any of the Council members to call her
if they have questions or something they want to the Sisters to know.
Sister Paula Revier, the Monastery Director of the physical plant, and Sister Ingrid came to see me on
Wednesday just to introduce themselves. Sister Paula is interested in coming to our next Y2K meeting.
I attended the Fire Relief Association Meeting on Tuesday night, as well as the business meeting.
Bob Loso and I attended the Fair and Affordable Housing Committee meeting in St. Goud on Thursday.
The committee will be re-writing the policy to submit to the St. GoudCity Council to receive CDBG funds for
the area.
I attended the Healthy Community Partnership meeting on Thursday.night. We discussed consultants to
use and also the history of past visioning processes such as the Star City Commission, Design Team and the
Great River Roundtable. The next meeting is Thursday, the 28th at 6:30 PM.
Have a good weekend everyone!
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CITY OF ST. JOSEPH
î First Avenue NW
.0. Box 668, !
t. Joseph, MN 56374
320) 363-7201
'ax: 363-0342 Me1mo
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MAYOR
Kenneth J. Hiemenz Honorab~¿Mayor Hiemenz and Members of the City Co%cil
To:
From: Mike Swbrski
CLERK!
AUMINISTRAT()R Date: 10/15/991
Cari Schmidt Re: Tree Maintenance
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COUNCILORS I
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Ken Twit
Mary Niedenfuer While perfonning park maintenance it was noticed that some trees in Klinefelter Park are in need of
maintenance. Tl).e following is needed:
2 Treésleedtobe lrihnned
1 Tree rleeds to be topped
1 Tree *eds to be removed
The trees needirig maintenance are between 30 and 40 feet in height and require an aerial truck.
The tree to be removed is approximately four feet from the walking trail and should be removed
by a professiondL The following quotes were received:
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North Çentral Landscaping -- $ 675.00
Bob's Tree Service-- $ 725.00
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. RECOMME~ATlON: Authorize the hiring of North Central Landscaping to perform tree
maintenance as described above at the quoted price of$ 675.00
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COUNTY OF STEARNS
Assessor's Office
Administration Center Rm 37 . 705 Courthouse Square' St. Cloud, MN 56303
612-656-3680 FAX 612-656-3977
PLEASE RETURN THIS FORM AS SOON AS POSSIBLE
Ollie shick, Assessor of Sf Joseph City shall be employed by said district for the assessment year
2000. ,
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It is our decision to rehire our local assessor
It is our decision to hire a new local assessor
Please submit name and address
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Telephone Number:
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It is our decision :to have the County Assessor's Office review our district for the 2000
assess ent.
, Chairperson/Mayor
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, Supervisor/Council Member
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, Supervisor/Council Member
, Supervisor/Council Member
. ' Supervisor/Council Member
, Clerk
, Local Assessor
'875·8898 "Affirmative Action I Equal Opportunity Employer"
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605 Franklin Avenue NE, P.O. BOx 51, St. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX
architecture , engineering . environmental . transportation
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October15, 1999 RE:St. Joseph, Minnesota
1999 Electrical Modifications to Well
I House Nos. 3 and 4/5
I SEH-RCM. No. A-STJOE 9907.00
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Honorable Mayor and City Çouncil
Cit~S~. Joseph !
21 I FIrst A venue I
P.O. ,Box 668
St. Josbph, MN 56374-0668
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Dear ¡yor and Members rf the Council
. Bids 'Were opened on Wednesday, October 15, 1999, at ·11 : 00· am in the City Council Chambers, for
the ele, trical modifications tÓ St. Joseph's two well houses. Well House No. 3 is located over in Park
Terrac Addition on top orthehilljustwest of the ball park. Well House 4/5is located on the alley
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imme iately south ofthe qallpark; this used to be called Well House No.2 before the well was
aband ned and replaced with Wells 4 and 5.
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We asìed for quotations from two electrical contractors to set each weU 'house up for connection to
the ne bstandby generators çurrently being fabricated. The quote from Design Electric of St. Cloud,
MN w $4,250.00. The quote from Cold Spring Electric was $12,092.00. The Engineer's estimate
for thd work was .$7,000.06.
The qlre ITom Design ElJnc was con<li\Îoned on the provision that liquidated damages would not
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apPI~ftbe delay is due toimaterial availability, I Ù1formed Design that this provision is ~eable.
Desi also stated that they based their quotation on installing the transfer switch for Well House No.
3 on ¥e outside of the bugdingtosave labor and material cost. We do not wantthis equipment
locat1 outside and I have received a proposed cost addition cost from Design of $1,800 00 to supply
the pr I perly rated transfer s~tch for mounting inside ofthebuilding. Thiswould bring the total cost
ofDe~ignElectric's quote uþ to $6,050.00. Design has indicated that all of the equipment is available
sod r expectto cO!QPltthe work bymid·November.
Desi~ Electric of St. Cloud, MN is well qualified to performthis work and I recommend award to
them pn the basis of their 1 quotation of $4,250.00, plus an add-on of $1,800.00 for mounting the
. equip ent inside of the building, and moving the completion date to November 20,1999.
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Short Elliott Hend ickson Inc. , Offices located throughout the upper Midwest , Equal Opportunity Employer
m help you plan, design, ,and achieve.
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Honorable Mayor and City Council
October 15, 1999 .
Page 2
As a :final note, the two generators we have ordered have been fabricated and are being witness tested
today. They should be available for delivery in the next week or two. Please contact me if you have
any questions.
Sincerely,
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i oseph R. Bettendorf, P.E. . 1
City Engineer
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c: Carl Schmidt, City of St. Joseph
Dick Taufen, City of St. Joseph
Van Nienow, Ericksen Ellison, & Associates
W:lsljoe\9905\comoo15a99-L. wpd
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605 Franklin Avenue NE, P.O. Box 51, Sf. Cloud, MN 56302-0051 320.253.1000 320.253.1002 FAX
architecture , engineering . environmental , transportation
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Octo er 15, 1999 RE: St. Joseph, Minnesota
1999· Sixth Avenue NEINorthland Drive
, SEH·RCM No. A-STJOE9905.00
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HongrableMayor and City Council
c/oaarine Schmidt
aIer~Treasurer
aity f St. Joseph
21 $ First Avenue I
p.p.rox 6681
St. Joseph, MN 56374-06'68
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. Dear ayor and MemberS . of the Council:
Ene! s,d please find APp~c~tion for Paym~t No, 1 and a Cost ,splitfor this project.
We h ve reviewed this ap¡licationand it appears to be in order. When payment is made, sign all
COPier and distribute as fO¡OWS
J.R. Ferche, Inc. \
EH·RCM
ity of St. Joseph
have any questions" please feel tree to call us.
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@ R Bettendorf, PBI i
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lty 'ngmeer !
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Enclo¡sures
. w:\sijoe\9~05\speC8IAPL-O.WPD
Short Elliott Hend ickson Inc. , Offices located throughout the upper Midwest . Equal Opportunity Employer
UTe help you plan, design, and achieve.
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~~ElLI:"~liI) 605 '",kI', A",", NE, P,O. B" 51, St.CI,"d, MN 5"02·0051 3202531000 320.253,1002 'AX
~I ..~ ..~ III ",hi""",, . "g;,m;'g . "';"om" " , . "'",þ''''';.
Owner
Contractor
SEH.RCM
APPLICATION FOR PAYMENT NO.1 CONTRACT FOR: 1999 Sixth Avenue NElNorthland Drive
PROJECT NO. A-STJOE 9905.00
OWNER: City of S1. Joseph AGREEMENT DATE: 09/09/99
CONTRACTOR: J. R. Ferche, Inc. FOR WORK ACCOMPLISHED THROUGH: 10/07/99
CONTRACT THIS STATEMENT
ITEM DESCRIPTION UNIT UNIT COST QUANTITY AMOUNT QUANTITY AMOUNT
GENERAL
1 MOBILIZATION LS $2,000.00 1.00 $2,000.00 0.50 $1,000.00
2 BALE CHECK EACH $9.00 25.00 $225.00 $0.00
3 SILT FENCE, HEAVY DUTY LlN FT $2.05 3,175.00 $6,508.75 $0.00
4 CLEARING TREE $75.00 3.00 $225.00 $0.00
5 GRUBBING TREE $75.00 3.00 $225.00 $0.00
6 SALVAGE & REINSTALL BARRICADE EACH $275.00 1.00 $275.00 $0.00
STREET
7 COMMON EXCAVATION (P) CU YD $1.85 26,568.00 $49,150.80 20,000.00 $37,000.00
8 GRANULAR BORROW (CV) CU YD $9.00 600.00 $5,400.00 $0.00
9 WATER M GAL $20.00 20.00 $400.00 $0.00
10 AGGREGATE BASE PLACED CLASS 5 CU YD $12.85 2,303.00 $29,593.55 $0.00
11 TYPE 41 A WEARING COURSE MIXTURE TON $23.90 1,025.00 $24,497.50 $0.00
12 TYPE 31BBASE COURSE MIXTURE TON $22.60 1,025.00 $23,165.00 $0.
13 BITUMINOUS MATERIAL FOR TACK COAT GAL $1.00 453.00 $453.00 $0.
14 GEOTEXTILE STABILIZING FABRIC TYPE V SQ YD $1.65 6.940.00 $11 ,451 ,00 $0:00
15 12" RC PIPE CULVERT CLASS 5 LlN FT $20.00 62.00 $1,240.00 $0.00
16 24" RC PIPE CULVERT CLASS 3 LlN FT $27.50 104.00 $2,860.00 $0.00
17 12" RC PIPE APRON EACH $750.00 2.00 $1,500.00 $0.00
1824"RCPIPEAPRON EACH $1,165.00 2.00 $2,330.00 $0.00
19 RANDOMRIPRAP CLASS 2 CU YD $35.00 124.00 $4,340.00 $0.00
20 CONCRETE CURB & GUTTER, DESIGN B618 LlN FT $6.75 3,100.00 $20,925.00 $0.00
21 ADJUST FRAME & RING CASTING EACH $200.00 10.00 $2,000.00 $0.00
22 F&I SIGN PANELS TYPE C SQ FT $32.50 37.50 $1,218.75 $0.00
23 4" BROKEN LINE YELLOW-EPOXY LlN FT $2.64 1,450.00 $3,828.00 $0.00
24 4" SOLID LINE WHITE-EPOXY LlN FT $2.60 1,520.00 $3,952.00 $0.00
25 PERMANENT BARRICADES EACH $275.00 2.00 $550.00 $0.00
SANITARY SEWER
26 8" PCV SANITARY SEWER, SDR35 LlN FT $13.00 1,136.00 $14,768.00 1,177.00 $15,301.00
27 4" PCV SANITARY SEWER SERVICE UN FT . $8.50 658.00 $5,593.00 $0.00
28 6" FORCE MAIN PVC PIPE DR18 LlN FT $10.00 150.00 $1,500.00 $0.00
29 FORCE MAIN FITTINGS POUND $5.00 57.00 $285.00 $0.00
30 SANITARY MANHOLE EACH $1,400.00 4.00 $5,600.00 4.00 $5,600.00
31 EXTRA DEPTH MANHOLE LlN FT $80.00 7.50 $600.00 7.42 $593.60
32 CONNECT TO EXISTING MANHOLE EACH $400.00 1.00 $400.00 $0.00
33 8" X4" PVC WYE EACH $40.00 18.00 $720.00 18.00 $720.00
34 AGGREGATE BEDDING (CV) CU YO $18.00 285.00 $5,130.00 $0.00
WATER MAIN
3510"WATERMAIN-DUCTIRONCL50 LlNFT $18.00 657.00 $11,826.00 $0.00
36 8" WATER MAIN - DUCT IRON CL 50 LlN FT $15.00 38.00 $570.00 $0.0
37 6"WATER MAIN - DUCT IRON CL 52 LlN FT $14.50 1,010.00 $14,645..00 $0 .
38 HYDRANT EACH $1,600.00 2.00 $3,200.00 $0.
39 8" GATE VALVE AND BOX EACH $675.00 1.00 $675.00 $0.00
Short Elliott Hendrickson Inc. ' Offices located throughout the upper Midwest ' Equal Opportunity Employer
UTe help you plan, îesign, and achieve.
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. Owner
Contractor
SEH.RCM
APPLICATION FOR P YMENT NO.1 CONTRACT FOR: 1999 Sixth Avenue NE/Northland Drive
PROJECT NO. .A¡-ST JOE 9905.00
OWNER: Oity of SI. Joseph AGREEMENT DATE: 09/09/99
CONTRACTOR: Jl R. Ferche, Inc. FOR WORK ACCOMPLISHED THROUGH: 10/07/99
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[ CONTRACT THIS STATEMENT
ITEM DESCRIPTION I UNIT UNIT COST QUANTITY AMOUNT QUANTITY AMOUNT
40 6" GATE VAL~E AND BOX EACH $575.00 3.00 $1,725.00 $0.00
41 CONNECT TO EXISTING WATER MAIN EACH $200.00 2.00 $400.00 $0.00
42 1" CORPORA ·ION STOP EACH $40.00 .. 18.00 $720.00 $0.00
43 1" CURB STO~tAND BOX i EACH $95.00 18.00 $1,710.00 $0.00
44 1" TYPE K CO PER PIPE I LlN FT $8.00 685.00 $5,480.00 $0.00
45 3" INSULATIO, SQ YD $10.00 4.00 $40.00 $0.00
46 WATER MAIN FITTINGS POUND $2.00 1,204.00 $2,408.00 $0.00
TURF RESTORATION
47 SEEDING . ACRE $125.00 7.40 $925.00 $0.00
48 SEED MIXTUE ¡ POUND $1.95 1,480.00 $2,886.00 $0.00
49 SODDING TY E LAWN [' SQ YO $4.50 50.00 $225.00 $0.00
50 MULCH MATE IAL TYPE I \ TON $90.00 14.80 $1,332.00 $0.00
51 DISC ANCHO ING . , ACRE $100.00 7.40 $740.00 $0.00
52 WOOD FIBERj B, LANKET TYPEH. IGH VELO""CITY SQ YD $1.55 1,875.00 $2,906.25 $0.00
. COMMERCIA FERTILIZER '1 POUND $0.24 2,960.00 $710.40 $0.00
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TOTAL ITEMS BID ' $286,033.00 $60,214.60
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I Total Contract Amount $286,033.00
I Change Order No. _
1 Revised Contract Amount $286,033.00
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~e undersigned Contractor certifies that all Gross Amount Due $60,214.60
p evious payments received from the Owner for Less Retainage (5%) $3,010.73
ork done under this contract.have been applied
tg discharge in full aUobligatiof,s of the . ' Amount Due to Date $57,203.87
O¡ontra, ctor incu. IT ed in connection with the work Less Previous payments,. ' $0.00
, ""~ by "Id ''''9'''" '",,""'" ~ ~
Am t Due $57,203.87
SUBMITTED, J R. FERCHE, INC. :y, (;.~ D.Ie, /0 ~/G -'77
RECOMMENDED' SrH.RCM . . ~~ D..., /t2.- /.~--?1
APPROVED: OITY OF ST. JOSEPH, MN By: Date:
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ityof St. Joseph I
. Oity Council Meeting,
9\ 16/99, 7:00 PM ' I
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1 Call to Order. Pur~uant to due call and notice thereof, the City Council for the City ofSt.
Joseph met on Thursday, September 16, 1999at 7:00p.m, in the St. Joseph City Hall.
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Members Present ¡Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary
Niedenfuer, Clerk-Administrator Cari Schmidt, and Deputy Clerk Judy Weyrens.
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Others Present Jorn Scherer, Steve Streng, Greg Reinhart, Steve Lovold,Art and Barb
Schloemer, Chad C,arlson, Mike Deutz, Gregg Molus, Alan Stelmach, Gary Utsch, Jack
Pelzer, Chris Hagel,e and Bruce Gohman.
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2 Approve Agenda: koso made a motion to approve the agenda as presented with one
addition that Chris Hagelie be added to the agenda. The motion was, seconded by Ehlert, and
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passed unanimously. j
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3 7:00 Assessment l;iearing for Utility Improvements on 90th and 915t- Hiemenz opened the
public hearing at 7:00 PM and stated thatthe purpose of the hearing is to consider the
adoption of the.proþosed assessment for the utility improvement of property abutting 90th and
915t avenues from East Minnesota Street to Lynx Road; property abutting RidgewoodCourt
from Ridgewood Road to the west end of the cui de-sac by installing water and sewer lines.
The totalassessmept is $239,000., As requested at the public ilTlprovement hearing, the
trunk sewer charge has been. é\dded to the assessment role for all of the affected properties.
. The Council will tak~ written or¡ oral objections to the assessment.
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Bettendorf stated thkt he ,is recommending the proposeqassessments. The Council can
adopt and change the storm sewer and water main along 90th and 915t and Ridgewood Court
for Beeline. The sutnmary of the final projected engineering costs is $42,500. The total
projected cost for B~elineis $15,598.
Jack Pelzer, a resid~nt on 90th stated thatSEH made a mistake and that they should cover
the costs to fix it. Th'e street is still 5" lower than it was before. Bettendorf replied that SEH
made one error in setting the street grade lower. They spent extra time with the residents
trying to remedy thelproblem. ~ettendorfstated that if the residents want perfection, they
should put in curb and gutter.
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Gary Heltemes asked if the City picked up the oversizing and Bettendorf said yes.
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Gerald Utsch stated ¡that he is t.he resident on 90th on the end that got all of the problems. He
has big puddles in front of his house. He wanted to know if they are going to fix the problem
and if not are they gbing to be compensated. He stated that he doesn't want them to tear
everything up becau'se they may make the problem worse. The residents paid for a good
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Bettendorf replied th:at the residents got a good job.
Barb Schloemer ask.ed why the answer is curb and gutter? Bettendorf stated there would be
fewer problems. Unfortunately they did this job,quickly to respond to the residents andto get
the water to Whispering Pines.
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. Ehlert asked how many days of standing water does,he have? Pelzer stated that it stands for
days and that hewill!surely have standing ice in the winter.
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Hiemenz stated that the Council received one written protest from Bernard and Regina .
Hollerman. It reads: "City of St. Joseph, Bernard and Regina Hollerman, 30320 91 s.. We paid
for sewer and water a total of 10,810.00. That is more as anybody paid on 91 sl Ave. . We paid
for $5510 for sewer and $5291 for water, total of $10801.00. We feel you should make an
adjustment. Thank you. Ben and Regina Hollerman."
Bettendorf stated that the sewer project in 1994 is just the reverse of this project. Twit stated .
that what they paid before is irrelevant. They chose to go with it and this is whatit costs now.
Ehlert added that they are two separate projects five years apart.
Twit asked if there is a possibility of putting a rolled curb in to prevent the water from entering
the yards. Bettendorf replied that the sod is higher than the tar and we don't want to make
things worse. Gerald Utsch again stated that he doesn't want to make the situation worse.
Bettendorf stated that storm sewer/curb and gutter would ,have been more expensive but
would have fixed the problems. The land was so flat that the contractor couldn't get it perfect.
Bettendorf stated that he would take a look at it after a rain. Twit asked Bettendorf if the
street is 5" lower now. He replied no, but that the original street didn't have a crown and they
had to equalize it somehow.
Jack Pelzer stated that SEH didn't want to put in the extra money to fix the slope. Bettendorf
replied that he remembered that Mr. Pelzer had a dip in front of his mailbox.
Ehlert stated that it's clear that a mistake was made. The City looks to our engineering firm
for good projects. There has to be some compromise unless Bettendorf can prove thatthere
really isn't a problem. The City shouldn't have to pay for this. Twit stated that this is a water
and sewer project. The emphasis and priority is on that and not on the street.
Bettendorf stated that he can go along with Ehlert's recommendation to see if there is .
damage in the Spring. If there is SEH will make it right.
Gary Utsch asked what the grade is on the South end and what is the normal percentage of
grade. Bettendorf stated that 4/10 of a foot every hundred feet is standard. In this case,we
are closer to 3/10 of a foot every hundred feet. Utch also asked if Lynx is a future project.
Bettendorf said no, that noting was done with Lynx.
Loso made a motion to approve the resolution adopting the assessment roll for the 1999
Utility Improvement Project. Niedenfuerseconded the motion and it passed unanimously.
4. Chris Hagelie - Chris Hagelie, the City Administrator for the City of St. Cloud came, to
answer questions on the Events Center. He brought display boards from the architect to
illustrate the design and schematics of the Center. The hard construction costs are estimated
to run approximately $52 million with a total budget of $68.9 million. The City has received a
$25 million dollar grant, of which $6 million has been received with the rest coming in the year
2000. The 12 cent sales tax will make up the rest. It is estimated that $6.2 million will be
generated in the first full year of collections. . Over time this will pay for the Events Center and
about $30 million in other projects of the five Cities (Sartell, Sauk Rapids, St. Cloud, St.
Joseph and Waite Park). By 2005 it is estimated that the tax will grow to $7.4 million annually
with most of the money going to projects other than the Events Center.
Hagelie reported that half the funds in the initial year will be returned to the other Cities based
on population and the sales tax collected. If the sales tax passes but the money from the
State doesn't come through, the money that is collected will be distributed back to the
communities to use. If the state does not immediately come through with the added money, .
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the legislation allo~s eight additional years to receive approval. Without the added state
· money though it is ynlikøly that the Events Center will be built.
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Hagelie showed th~Council a graph, showing the projected revenues for the' City of St.
Joseph. compared¡tomany of the other cities, he stated that St. Joseph is population rich.
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Loso asked who will be paying for the operating costs of the Events Center once it is, built and
operating. Hagelie ¡said the local city governments will each designate representatives to a
governing board that will make decisions regarding the Events Center. As far as liability in
terms of dollars,th~ Cities are only proportionately responsible. St. Cloud covers 75% with
the rest being sprea~ among the other participating cities.
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Hagelie stated thatj they have been criticized for cornparing themselves to' Fargo and the
Fargodome. The F¡argodome, like. the Target Center will draw major touring shows. The
Events Center will draw from the secondary market. Large commercial shows will also utilize
the facility. They ar~ currently negotiating with St. Cloud State who. will use the Center for 30-
40 events for SCSUlfootbal1.
Loso asked why wo Id we want the Events Center whønit will compete with the Civic Center,
which is already operating at a, deficit. Hagelie reported that the Civic. Center is filled to
capacity with events and could notaccommodate most of the events that the Civic Center will
draw. The Civic Center has not been operating at a deficit at all. In fact, revenue has
exceeded expenses] since ·1993.
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Loso asked why shOuld St. Joseph contribute when St. Cloud will receive all of the benefit.
Hagelie stated that with reciprocity the people from all five communities will be able to use the
facility. Plus, whateyer money is raised beyondwhat is needed for the Events Center will be
· returned to the Communities for projects.St. Cloud is planning to expand its downtown
public library and i~prove its park system. Many communities, including St. Joseph, could
use the. funds for the construction of a community center.
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Hagelie ended bY$tating that there will be information pamphlets coming out about the
referendum, as weill as a 52Q &A in the St. Cloud Times. The Council thanked Hagelie for
taking the time to sp;eak with them.
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5. ApproveCons,ent ~genda-
a. Authorization ,for Kern, DeWenter, Viere Ltd. to perform the 1999 Audit
Loso made a motion to approve the consent agenda. . Niedenfuer seconded the motion, and it
passed unanimous/~.
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6. Approve Minutes- Losomade a mot/onto approve the minutes. Twit seconded the motion.
Hiemenz made a few typographical corrections. The inotionpassed unanimously.
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7. Bills Payable and Overtime/callouts - Hiemenz made a motion to approve the' bills
payable and cal/outs, seconded by Twit. The motion passed unanimously.
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8. Public Comments gn the Agenda- There were no public comments.
9. 8:3.0 PM Noise Violation Hearing - 116th Avenue NW - Mr. Tim Kiernan, the owner of 11
6thAve NW was notified of a noise violation on his property on August 31, 1999. Hiemenz
explained that as nd evidentiary hearing was requested, the landlord is considered to have
waived his right to an evidentiary hearing. This waiver is equivalent to an admission of the
basic allegations alleged. Hiemenz asked if any of the tenants or the landlord would like to
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MattMohrenweisseJ,oneofthe listed tenants stated that the two officers told them that there
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would be no violation. The next day, he and his roommates spoke with the Chief who
informed them that there was a call in compla.int about students making vulgar gestures and .
interfering with traffic. Mohrenweisser stated that there was no beer on the premises when
the police arrived, in fact, they had been turning away freshman looking for a party.
Mohrenweisser stated that he owns a decibel reader and that when simulating the music the
following day the decibel reading was only at 60 decibels and could not have been heard
from next door.
Loso stated that the music was heard from your property. Niedenfuerasked whether
Mohrenweisser is claiming that the incident on the street had nothing to do with their
property? Mohrenweissed said yes and that the officers told them that the complaint was
only about the disturbance in the street. Niedenfuer stated that although that may be true,
there was still a violation if the noise could be heard from the street. Mohrenweisser stated
that he spoke with all of his neighbors who said that none of them were disturbed by the
noise. Hiemenz replied that many of the neighbors are afraid to call in for fear of retaliation.
Officer Schley stated that they received a complaint that there was a loud party at 11 6th Ave
NW, specifically that there was loud music and that people were trying to pick fights with
passing motorists. When the officers arrived, he and officer Daluge didn't notice anyone in
the street or the yard. They could,however, see people in the upstairs window. Once the
Officers were noticed, the people in the house locked the doors and turned off the lights.
They could hear music coming from the basement while they were standing in the middle of
Minnesota Street. The music was so loud he could hear the words clearly and even
recognized the song. The officers walked up to the door and spoke with one of the renters
who had just arrived and let them into the house. They spoke with the other, renters (Ted
Steven Sowieja, Greg Mohs and Matt Mohrenweisser.) They entered the basement and
observed 35 people who appeared to be drinking. They lined up the students to check id's,
but not before some of them ran out a back door. Three people were cited for underage .
consumption and the renters were given a warning for a loud party.
Twit stated that as the landlord and the renters didn't ask for an evidentiary hearing, the
Council has to assume that the incident occurred. Twit made a motion to impose a fine of
$500 and a $150 administrative fee. Hiemenz seconded the motion.
Loso questioned why the Council was moving away from the norm on this. Twit stated that it
is important for the Council to send a clear message right now. Niedenfuer stated that
although there was a noise violation, it isn't clear that the students making the noise in the
street came from their house. Ehlert stated that he appreciates the cooperation of the
residents and that you tried to steer the underage students away. Niedenfuer stated that she
knows the roving underage party-goers are a problem. The Council needs to be firm and
send a clear message to those that are violating the ordinances. However, she stated that
she is not comfortable with $500 for a noise violation. Twit disagreed saying that the Council
can make excuses every time but this should not be a missed opportunity to send a
message.
Niedenfuer stated that this is a sensitive issue and asked the students if they would be willing
to come to the next CORE meeting on Wed. 9/29 at 6:30 PM. The students indicated that
they would be willing to come. Niedenfuer made a motion to amend the motion to a fine of
$300 with an administrative fee of $150. Ehlert seconded the motion. The motion passed
3:2 with Hiemenz and Twit voting no.
10. Ridgewood Storage Fence Request - Schmidt reported that AI Stelmach is asking
permission to construct a fence on his utility easement. They have had a number of incidents
involving theft and vandalism at his site that he believes would be prevented with the
installation of the fence. The fence would encroach upon the City's utility easement. The .
Mayor, Dick Taufen, Ron Eutenauer and Mr. Stelmach met previously to discuss options. He
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. is proposing instaliinga removable fence line all along the portion of the fence that
encroaches upon the easement. The Public Works department would be able to lift the fence
out to access the sewer line. Schmidt stated that Dick Taufen would prefer that the
encroachment notlbe allowed but indicated that the fence would be a workable solution if the
Council decides to grant the request.
Mr. Stelmacl1 statJd that the fence would be6'l1igh and completely removable. He is also
willing to hold the City harmless for any damage that might occur should they need to remove
the fence to access the sewer. Loso made a motion to grant the easement to Mr. Stelmach
for his fence. Ehlert seconded the motion and it passed unanimously.
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1. Engineer'sRepo~
a. Develo )er's Agreement with Lumber One for Northland Plat4- City Attorney
Scherer sUbmi~ted acopy of the proposed Subdivision Agreement for Northland Plat
Four. The con~ribution was excluded as a prior par~ dedication was included in the
development of the parcel. ,Hiemenz asked how many acre plat did this cover. Weyrens
stated that itcovered the entire plat. Bettendorf stated that as the Council just received
the agreementlthey would give the Council time to review it. Terry Schmid is comfortable
with the numbers. Ehlert stated that he would like to see any revisions when they are
made. Twit stated that this seems backward that we. are putting in the street before we
have the plat. Scherer stated that it's important that the two go hand in hand.
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b. Approving th~ purchase price of $8500 per acre for the holding pondatthe
industrial, )ark for a total of $38,080 -Carlson reported that as part of the industrial
park property the City needs easements for the holding pond. Easement A is a
temporary construction easement over the entire parcel for the excavating the holding
pond and placing fill on the adjacent land. Easement B is for the easterly extension of
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. ElmStreet frorT:1theBuettnerPlat to Joseph Street.. Easement C is a deed description
because the City needs to purchase the 4.48 acre parcel for $8,500, Easements D and E
are for sewer lires. Loso asked if these costs are being cover~d by the bond and
Weyrens stated that the City is working on that. Ehlert asked if the land was not being
used for a holding pond, what would the value be? Carlson stated that the price of
$8,500 was based on the fair market value of the property., Twit made a motion to
approve the purchase price of $8, 500 per acre for the holding pond at the industrial park
for a total of $38, 080. Loso seconded the motion and it passed unanimously.
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c. Terry Schmid property -Authorize the final plat subject to approval by the City
Engineer, Attorney and Public Works Director. (This item was not discussed at the
meeting due to.lack of information)
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Borgert propery - Weyrens stated that the Council needs to approve the lot split for the
Borgert propertY and issue a certificate of compliance. Loso made a motion to authorize
the certificate of compliance for thelotsplít on the Borgert property. Ehlert made a
'second to the rY¡otion and the vote passed unanimously.
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1 . Bank Purchasel Rbske Property- Scherer reported that the only change in the purchase
agreements is that Gohman is no longer the purchaser. First State Bank is now the
purchaser. L050 made a motion to approve the purchase agreements, seconded by Loso.
The motion passed I¡unanimously.
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1 . VarianceRequest~
. a. Resurrection L'utheran Church Sign -Carlson reported that the Resurrection Lutheran
Church submitted a variance request for the construction of an additional sign. The
ordinancestatesthat only one identification sign not exceeding 35 square feet is allowed.
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They currently have a rock with their name on it that counts as a sign. The sign they
would like to construct is 50" x 70" and will be used to advertise their church services. .
The Planning Commission found that the proposed use is consistent with the standards
for a variance and recommend approval of the variance of 24.31.
Ehlert stated that this is a justifiable use to allow the variance. Ehlert also stated that
Gene Boysen requested that the $150 fee be waived. The Planning Commission
recommended that the City Council decide this based on the cost to administer the
variance. Loso made a motion to approve the variance but not to waive the fee.
Niedenfuer seconded the motion and it passed unanimously.
b. Height of the First State Bank of St. Joseph - Carlson reported that Gohman
Construction submitted a variance request for the construction of a sign at the First State
Bank facility to reach 41.4 feet. The Ordinance states that any portion of a structure in
the Highway 75 Business District shall not exceed 2 % stories or 35 feet in height. The
Planning Commission found the use consistent with the standards for a variance. They
recommended approval of the Variance of 6.4 feet to constructthe facility to the height of
41 .4 feet.
Bruce Gohman showed the Council a color ,schematic of the sign and the building. He
reported that the site plan looks great and that the landscaping and rock should
complement the look of the entire area. Loso made a motion to approve the variance,
Twit seconded the motion and it passed unanimously.
14. Tuition Reimbursement Policy - Loso stated that the policy reflects what the, Council
discussed. Loso made a motion to approve the tuition reimbursement policy and insert it into
the personnel policy. Ehlert seconded the motion and it passed unanimously.
15. Mayors Report- Hiemenz reported that there will be a bill coming in for $250 for an incident .
with the Police Department. An independent investigation was done and it was determined
that it would be cheaper to pay for the claim than to contest it.
Loso stated that he would like to see a copy of the report. He has spoken with the resident
and she says that the money is not the issue. There is more going on here than just what
has been said. Niedenfuer stated that its not helpful to bring up these issues without the
facts and to make insinuations. Loso stated that this is a resident issue and should be
brought up. Niedenfuer stated that although resident issues should be brought up, it should
be done when all the facts can be brought out. Twit stated that this is the first he has heard
about this.
Hiemenz reported that the first choice candidate for the Police Department Administrative
Assistant position has declined the offer. The second candidate is Lorraine Minier. Both
candidates look very good and should work out just fine.
Hiemenz received a complaint about A TV's driving around in Klinefelter Park.
Hiemenz reported that he met with the City of Cold Spring to talk about the possible
wastewater treatment plant expansion and will soon contact the City of St. Cloud to setup a
meeting time.
Hiemenz reported that Police .Chief Brad Lindgren submitted his resignation to be effective in
30 days. Loso made a motion to accept the resignation. Ehlert seconded the motion and the
vote passed unanimously.
16. Council Reports- Twit reported that the Personnel Committee would be meeting to discuss
the points, job description and salary range and reporting back to the City Council. .
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Ehlert stated that h~ had received a call from a resident on 3rd street that a neighbor is using
. the alley for their camper and it is encroaching on the alley. Schmidt stated that she would
have the Public Wo~ks Director or the Police Department check it out.
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Ehlert also reported that he received a call from an artist in Minneapolis that would like to
place a tree sculptute in Klinefelter Park dedicated to Jacob Wetterling. October 5 will be the
dedication. I
Loso had nothing t~ report. Niedenfuerreported that the CORE meeting is scheduled for
9/29 at 6:30 PM. Also, the Healthy Communities Partnership team meets on the 20th at 6:30
at the firehall to talkl about community visioning.
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Ehlert brought up th'e issue of jakebreaking and said that he would follow up on the issue. He
also reported that the Council should watch for eleven new Park identification signs in the
community.> He also stated that the City should start enforcing the portable sign ordinance
now that it has been passed. '
Loso commented th1at he noticed 15 underage consumption/possessions at Sals Bar. He
requested that the City send a letter to the bar owners reminding them to renew their efforts
to curb this behaviot.
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1 . Clerk/Administratck Report - Schmidt reported that she attended the 75th Anniversary
celebration of the S~. Cloud Veterans Administration Hospital. They presented the City with a
~pecial edition year?ook that will be kept at City Hall if anyone is interested· in taking a look at
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1 . Miscellaneous and Announcement Items
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1 . Adjourn - 10:30 P.M. Loso made amotion to adjourn, seconded by Ehlert. The motion
passed unanimouslk.
TSpectfUIIYSUbmittet
Cf'ri Schmidt I
Clerk/Administrator ,
C ty of St. Joseph I
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. ¡City of St. Joseph
¡City Council. Special Working Meeting
9/22/99, 2:30 PM !
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1. Call to Order. pUrsuant to due call and noticé thereof, the City Council for the City of St.
Joseph met on Wédnesday September 22, 1999 at 2:30 p.m. in the St.Joseph City Hall.
Members present\ Mayor KennethJ. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary
. Niedenfuer, "and Clerk-Administrator Cari Schmidt.
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r Approve Agenda:¡ Ehlert made a motion to approve the agenda as presented. The motion
was seconded by Twit and passed unanimously.
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Police ,ChiefRecr~itment- Niedenfuer asked if we could get a list ofthe candidates from
Waite Park, as they just finished a search for a .chief of Police. . We could interview their
finalist candidates and see if any of them would work for St. Joseph. Even though the
individual wasn't a ¡fit .in Waite Park doesn't mean the person wouldn't be a perfect match for
St. Joseph., Loso commented that this isa good idea as Waite Park is surely looking for an
individual with different skills and characteristics: Schmidt stated that Waite Park used
Criminal Justice ASsociates for their recent recruitment. They were initially quoted $6,000 for
the search. The tidal bill came in around $10,000. Loso stated that in previous years we
used an investigator from Morris to do our background investigations. Hé indicated that we
might be able to do something like that for this process.
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Hiemenz statedthJt the process with Brimeyer might be cheaper this time as he already has
a lot of our informa~ion.Schmidt stated that Brimeyerindicated that the search would still run
. around $10,000. Loso stated that he is comfortable with Brimeyer if the cost is going to be
the same as a new(recruiter anyway. At least Brimeyer is already familiar with the
community.
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It was suggested that we could ,also set up a search committee as was done in years past.
Residents that serv~d on the committee in years past include Greg Reinhart, Bud Reber and
Mike Loso. :
Schmidt stated that! she I,\/0uld gather more information and options and bring it back to the
Council at the next feeting.
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Administrative AssistalJt Positions- Schmidt reported that the Personnel committee met
this morning to discuss the Police Department Administrative Assistant position as well as the
currentAdministrative Secretary position. After much discussion the Committeé agreed that
the two positionssh:ould be pointed the same as they require similar skills and abilities
~espite the differen~ departments in which they serve. It also made sense to discuss both
positions at the same time.
The Personnel coJmittee recommended that the positions be pointed at 168.6, which places
the positions inclas~ 7 (160-190). The Administrative secretary position would move from a
Class 5,step 6 $12.73/hr. to Class. 7, step 3,$13.28/hr. Her anniversary date would then
become the date of the Council action for the next step increase. Schmidt stated that the title
"Administrative Secretary" should be changed to "Administrative Assistant" as the former title
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is outdated· and doe~ not accurately reflect the duties of the position.
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Schmidt reported thbt Lorraine Minier is the top candidate for the Police Department position.
. She stated that Shé }.yould like to start as early as Monday, so if the Council agrees, the
position would be offered immediately.
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Niedenfuer stated that she has, sOme concerns regarding Lorraine Minier as the candidate for
the position. She received a call from Carolyn Anderson regarding Lorraine. There appears .
to be a tight relationship between Jeff Young and Lorraine'shusband Bill. . They are
neighbors of the Andersons, who are in the middle of a dispute with the Police department
concerning a hit and run incident. Bill Minier made a complaint about the Anderson's children
which brought the police to the Anderson home.
Twit stated that the relationships between Jeff Young, the Andersons and Lorraine Minier are
not pertinent to the selection of this candidate. They are two separate issues.
Niedenfuer expressed concern as to how the candidates for the position were chosen. After
seeking verification, Schmidt stated that the candidates were given a numerical. score by
Officers Jeff Young and Jean.Gustin. Weyrens then ranked the candidates by score and
called them for interviews. Minier was the second top candidate of six that were interviewed.
Ehlert stated that even if Young had given Minier a higher score due to their personal
relationship, she became the candidate of choice through the interview process. Once the
candidates were chosen for an interview, they were put on a level playing field. She was
offered the position on her own merit.
Niedenfuer stated that although she was initially concerned,she is now satisfied that Lorraine
was offered the position on her own merit.
Ehlert clarified that Lorraine would start at Step 1 in Class 7, ($11.98). He stated that the
class increase for the Administrative Assistant position is justifiable and seems reasonable in
light of the market comparison. Loso stated that the numbers can be used though to get the
result that you want, but that this insrease seems reasonable. Niedenfuer suggested that
Mary Generous's position be made.retroactive to the beginning oftheyear. Hiemenz pointed .
outthat she had been given a pay increase to ,compensate for the time whenRachel was
gone, which ended when the new administrator took office. Niedenfuer suggested in the
alternative that the pay increase be retroactive to the date that Schmidt started (August 16,
1999). Loso made a motion to move both positions forward. Twit made a second to the
motion and the vote passed unanimously.
Niedenfuer stated that she would like to discuss the issue about Carolyn Anderson and Jeff
Young. Twit expressed frustration that he had only recently heard about this incident.
Hiemenz stated thatthe Council could not be made aware of this situation until a report was
done and the information became public. He explained that a formal complaint was filed
against Jeff Young by Carolyn Anderson. An independent investigation was done that
resulted in the City agreeing ,to pay a $250 bill for some damage to a car. Hiemenz stated
that the entire report is on file at City hall that the Council can see. It is a lengthy document
which is why the entire thing wasn't copied to the Council. Schmidt stated that she would
make an additional copy of the report for the Council to come in and read.
Niedenfuer stated that she would like to see the City form a Civilian Review Board: Loso
stated that there was such a board but that it disbanded for lack of interest. Schmidt stated
that she would gather information on how this is done in other cities and report back to the
Council on the matter.
Ehlert stated that he really enjoys these working meetings. when everyone is working
together. Lately, however, he has received a lot of negative feedback from residents
commenting on how poorly the Council is working together. He feels that the Council
relationships have deteriorated and as a result, Council meetings are no longer enjoyable.
He feels that there must be healthy discussion and a respect level for one another at the
table. The community needs to see a group of professionals at the table that can make .
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decisions without being disrespectful to one another. The confidence of the community is
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Loso stated that hJ agrees and added that he doesn't like to be attacked at the Council table.
Niedenfuer stated that she never meantto attack him, but thatwe need to relay credible
information and trylnot to bring personal issues to the table. ·If a community member calls
with information bqt no facts to back ,it up, then don't bring it to the table because it implies or
insinuates that something more is going on. Loso stated that he is not implying or insinuating
anything. Hiemenz interjected that Loso often makes it seem like his own personal issue.
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Twit suggested that perhaps the Council should write down their thoughts so they don't lose
them, instead of interrupting. This will help the discussion remain civil and controlled. The
perception by the public is that the Council cannot work well together if they don't show a
level of respect for fneanother at the meetings. The Council needs to function better
collectively and jus agree to disagree sometimes.
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Hiemenz stated th~t he has received calls regarding Ehlerts behavior specifically at the table,
particularly relating! to the ballot question discussion. Ehlert stated that he, felt disrespected at
that meeting in that venue. Hiemenz stated that sometimes the discussion goes on too long
and it is his job to put an end to it and move on., Hiemenz stated he was sorry if he cut off
other Council members at times. He expressed frustration about the meetings getting away
from him, especially when questions are not routed through the chair.
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Niedenfuer stated that she does often feel like the Council works as a team. They can
disagree vehemently on one issue and move on to the next leaving any negative feelings
behind. Hiemenz a'greed that the Council is a unique group in thatthey can often agree to
disagree.
. Ehlert stated that he was glad the Council discussed this matter. He feels like the Mayor is
more aware as weill as the rest of the, Council. He understands that some things need to be
kept confidential, b~t hopes that the Mayor will do his best to keep the Council informed.
Communication is Te most important element of this relationship.
Hiemenzexpressed frustration with the Council playing to the camera. Instead of trying to
explain everything, just conduct the City business. People can call or attend if they have
questions.
Twit suggested thatlthe Mayor write a memo each week tofj the Council in on the issues
that are going on. l:his will help increase the communication. Hiemenz stated that this would
be difficult just beca'usè of time. He stated that he tries to keep the Council abreast of what is
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happening in his Mayor's report.
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~he Council ag~eed\that this was a good discussion.
5. Adjourn - 4:20 P.~. Loso made a motion to adjourn, seconded by Ehlert. Themotion
passed unanimously.
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R spectfully Submitted,
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C ri Schmidt I
C erk/Administrator \
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. City of St. Joseph f
City Council Speciål Meeting
9/30/99,4:30 PM
1. Call to Order. ~ursuant to due call and notice thereof, the City Council for the City of St.
Joseph met on vyednesday September 30, 1999 at 4:30 p.m. in theSt. Joseph City Hall.
Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary
Niedenfuer, andl Clerk-Administrator Car; Schmidt.
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Others Present: Uim Marthaler, Chad Carlson, Joe Bettendorf, Bob Herges, Rick Heid.
2. APprOVeAgend1: Ehler/made a motion to approve the agenda as presented. The motion
was seconded b~ Twit and passed unanimously.
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3. Bond Sale for Northland Drive- Monte Eastvold presented a graph of the National
Municipal Bond B,uyer's Index. He reported that historically we are at a15 year low point.
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Eastvold reported that the bond sale was very successful. Six bids were received, of which
three qualified fori insurance. Our bond rating was upgraded from a BAAA3 to a BM2. This
is very encouraging and impressive for a community of our size. The bids were as follows:
U.S. Bancorp Pip~r Jaffray - $1,308,829.01 at 5.1912%, Crotin & Co., Inc.- $1,309,176.70 at
5.25%, John G. Kinnard & Co. - $1,308,720.00 at5.36%, Bernardi Securities, Inc.-
$1,308,726.15 at 5.42%, Dain Rauscher, Inc. - $1 ,308,720 at 5.47%, and Dougherty Summit
Securities LLC - $11,308,720 at 5.56%. The low bidder was U.S. Bancorp Piper Jaffray.
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. Eastvold distribut~d a series of spreadsheets to the Council summarizing the outstanding
bond issues. The ,last page illustrates the assessments spread out over all three projects
(Joseph Street, Business Park and Northland Drive). The Improvement Bonds of 1999 were
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issued for a total Rrincipal amount of $1,330,000. Final bond payment is scheduled for
December of 20141. The ,bonds are payable from special assessments, sewertrunk charges,
and are additionally secured by unlimited ad valorem taxes. The bonds become callable
December 1, 2007,. Eastvold's recommendation is that provided special assessments and
sewer trunk chargès are received as indicated, no special action on the part of the City is
required. I
Twit asked whether changing the rate to 7% would make the sewer trunk charges less?
Eastvold said he didn't have those numbers off hand. .. Ehlert expressed some concern about
too many people paying up front. Eastvold indicated that there will be a lot of hook ups
immediately, but thIs will not have a detrimental effect.
Eastvold indicated that the rate does not need to be assessed until the hearing on November
4. Ehlert asked what the historical assessment has been and whether Eastvold has seen as
little as1%? Eastv~ldindicated that he had.
Eastvold distributed a copy of the issuing resolution for signature which awards the bond
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issue to the low bidder. Loso made a motion to approve the resolution awarding the bond
issue to the low bidder, U. S. 'Bancorp Piper Jeffray. Twit seconded the motion and the vote
passed unanimousJ'y. ." Ehlert asked whether the City has ever discussed doing away with the
assessment altogether. This has not been considered.
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Eastvold stated thatlthe closing date would be in approximately three weeks.
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. 4. Sewer Rates -Joe Bettendorf - Bettendorf reviewed a letter from Larry Meyer, the Mayor of
the City of St. Cloudl The letter explained that St. Cloud will be planning and doing the
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preliminary engineering for the Wastewater Treatment Plant (WWTP) within 5 t01 0 years,
with construction to occur within 10 to 15 years. The timing of the plant will be driven by .
collective.wastewatertreatmentneeds of the area. St. Cloudwill offer to inclµde additional
space for St.Joseph in said facilities subject to St. Joseph's participating on a proportionate
basis in the cost of the expansion. The letter also indicates that StJoseph may, at its cost,
construct additional conveyance capacity at any time, but, it would be beneficial for the City to
"lock in" capacity from St. Cloud's unused portion. The estimate that St.Cloud is projecting
for our cost is $2 million for each 1.0 MGDof additional treatment capacity.
Bettendorf stated that although the City is in good shape now (our present usage is 34,010
gallons per day and our total capacity is 601,033) St. Cloud is offering a fantastic deal. They
are essentially asking for $772,222 for an additional 1.495 MGD capacity.
Bettendorf explained, that the City is also in negotiations .with. Cold Spring. He explained that
the pipe alone would cost around $2 million just toJorce the main there. St. Cloud ""ill give us
more capacity for a longer period of time. It is most certainly cheaper than what Cold Spring
will be able to do. Bettendorf stated that he and the Mayor will be meeting with Mayor Meyer
in the upcoming weeks to discuss this proposition.
Hiemenz stated that the St. Cloud Joint Area Planning Board sunsets on December 31.
Opatz now wants the. group to continue. There have also been discussions on a "regional
sewer district." St.Cloud opposes this because of the multijurisdictional ramifications.
Jim Marthaler reported that the City may be facing some. costs in regards to the Waite Park
pump station improvements; ,. They are estimating the cost for St. Joseph will be around
$75,000. Some of the cost will include repair or replacement of electrical panels, pump drives
and a bar screen. Bettendorf stated that he thinks $75,000 is too high an amount for the City
to have to pay. The cost to maintain should be based on ownership. The City should only .
support our proportion of the usage.
5. Storm Sewer Outfall in Pondview 5- Bettendorf stated that he is seeking the opinion of.the
Council on this matter. On July 13,SEH.was conductingawalk-through or Pond View 5 to
identify remaining work on the project. During the walk thru, they noticed that the storm
sewer outfall line appeared to be located right next to a house that was under construction.
Further investigation determined ,that that the storm sewer was 10 feet off the property line,
instead of on the line as originally designed. The location was properly staked, but changes
had been made to the final plat between the approval date and the date of filing. Most of the
lot lines in block three had been shifted. The west line of Lot 8, where the storm sewer was
to be installed had been moved 10 feet to the west. The final plat that the Council approved
matches the alignment oftheseweras,constructed. The. developer's survey was submitted
with a request that changes be made.. The, surveyors made, other changes without notifying
Bettendorf or seeking'approval.
The issue is now the relocation of the storm sewer., ltis too dose to the house, to do repairs
and the owner may have difficulty selling the home with the pipe located underneath.
Bettendorf stated that if SEH is responsible, they will take care of it however, the error in this
situation occurred through the developer-Heid and Herges. Unauthorized changes were
made to the final plat without notice or approval. Bob Herges is present and is willing to
cooperate but does not feel the pipe should be relocated at his expense.
Bettendorf indicated that they are seeking the most inexpensive way to fix the problem.
Herges stated that the survey company told him that in·order to make the. requested changes,
the lot sizes had to be realigned. The problem arose when they didn't notify anyone of the
changes they made. Herges stated that he doesn't know whose fault this is-the surveyor or .
SEH, but he doesn't feel that it is his mistake.
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. Hiamanz statadjhauha quastion iswho is paying to mova lI1a plpa. Battandorf sought and
received the opi~ion that the pipe should. in fact, be moved. Ehlert asked if the homeowner
should be a part of th,e discussions. .. Bettendorf stated that the homeowner had no idea about
the issue before they brought itto his attention.
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Bettendorf stated that itis common practice that you don't change lot lines on afinal plat
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unless you let the builder know. Many developments are built with final plats that are not
recorded. !
Bettendorf stated\ that the cost to move the pipe is approximately $15,000. This is no small
error. Niedenfuet asked whether or not it is up to the City to make the decision and
Bettendorf stated\that he is merely seeking the opinion of the Council. Twit suggested that
Bettendorf seek a second opinion from another surveyor to see if the lot dimensions actually
had to be changed. Bettendorf stated that this is the first time this has ever happened to him.
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Ehlert stated that SEH should determine how deep the pipe is buried its load capacity as this
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may cause foundé¡1tion issues for the home. The pipe should be sealed off and perhaps filled.
Bettendorf stated ~hat this isn't a structural problem for the home. The issue could be more
detrimental to the Ihomeowner's title. The pipe will remain in the ground and will be plugged
on both ends. . Thf remainder of the pipe (not under the house )will be removed and reused
Twit stated that h~ doesn't see this as an issue for the City to solve. It seems clear that
everyone thinks th',e pipe should be moved. The question remains of who will pay for it.
Niedenfuer made 8 motion' that the storm sewer in service pipe should be moved. Loso
seconded the mot~on and it passed unanimously.
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Herges stated that\Bauerly would like to do the final wear on Phase 4 as long as the weather
doesn't get too cold. They want to ensure a good finish. Bettendorf stated that the weather
shouldn't be a problem as there is a lot of good paving weather left. Herges stated that they
will be coming to the Council in the winter months for the next phase. Ehlert stated that
sooner would be bètter than later as the Planning Commission has some questions about
having a buffer between the lots and the park. It would be beneficial for Heid and Herges to
attend a general pl~nningworking meeting.
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Molus Lot Split- Certification of Compliance - Loso made a motion to authorize the lot
splft fortha pOrfionrat tha City is purchasing. Twft seconda¡f tha motion and ft passed
unanimously.
Buettner Development Agreement -Carlson reported that the final development
agreement had bee'n negotiated and agreed to by Leo Buettner. Loso stated that he had a
question on Sectioh 3.11 concerning the relocation of the trees. Carlson stated that they
went back and forth! on this section and finally reached a compromise. The developer will
contribute $9,306 to the City park fund in lieu ofa dedication of land for parks. Buettner has
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also agreed to relocflte trees on the property to parks or other locations approved by the City.
Niedenfuer asked w,hat the ramifications will be for the developer if the trees don't survive.
Carlson stated that ~here are really no guarantees that can be made to ensure that the trees
survive. Buettner is interested in saving as many trees as he can but cannot guarantee their
survival. Carlson stated that this is a deal breaker for Mr. Buettner. Carlson stated that the
trees will be,relocatéd to places within the business park. Niedenfuer stated that she would
still like some,assurances that the trees will survive. Twit stated that ¡fwe don't agree to this
. now, we run the riskl,of losing all of the trees. Loso asked whether the Park Board has had
any input in this process. Ehlert stated that there is no value in putting the trees .in the park.
They will be more appropriate in the, Business Park. Ehlert made a motion to approve the
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Buettner Business Park Development Agreement. Twit seconded the motion and itpassed
unanimously. .
8. Miscellaneous and Announcement Items - Bettendorf distributed a handout that was
requested explaining the Joseph Street Improvements with the base bid and the alternatives.
Bettendorf stated that a new issue has come up regarding the sewer stub to the remaining
College of St. Benedicts property. There is no road access now. We own the property and
should be planning for the future. His recommendation would be to install the sewer stub and
manhole now for future use. Ehlert made a motion to install the sewer stub, manhole and
services to the East. Twit made a second. to the motion and the vote passed unanimously.
Schmidt stated that she had received a request from a Township resident to hold ayard sale
on avacant City lotthat isjointlyowned with the Township. Schmidt told the resident that he
would also need to obtain permission from the Township. . Loso stated that this has never
been permitted before and may start a bad precedent for the City. The Council agreed and
Schmidt stated that she would inform the resident.
Twit stated that he had received some calls about the reimbursements for driveways on 90th
street. He had some concerns about the amount that was credited to these homeowners.
Bettendorf stated that he followed the process he always had. . He has also received a
request from Tom Borresch at 30433 90th Ave SE for the replacement of his sod.. Atthe time
of the work, he told the contractor not to worry about it. He is now requesting reimbursement
after the fact.
Bettendorf reported that Ben Hollerman is also looking for an adjustment to his assessment.
Hollerman claims that Bettendorf talked him out of receiving water during the last project.
Bettendorf doesn't recall this. The cost was split among the residents at the time. .
Ehlert stated that he would like Bettendorf to know that despite theissues thatarose at the
meeting, he maintains all the confjdencein theworld in Bettendorf and SEH.
At 6:40, Loso and Niedenfuer left to deal with personal matters. Twit asked that the minutes
reflect this.
Hiemenz stated that St.Cloud/CASTS has asked for the number of pamphlets the City would
like regarding the 1/2c sales tax question. The City also needs to determine how they will be
distributed. We could mail them, stuff them into the Newsleader or distribute them door to
door. The Council agreed to request 1 ,700 pamphlets and that they would be distributed
door to door.
9. Adjourn - 7:10 P.M. Twit made a motion to adjourn, seconded by Ehlert. The motion
passed unanimously (Loso and Niedenfuer were absent from the, vote).
Respectfully Submitted,
Cari Schmidt
Clerk/Administrator
City of St. Joseph
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Ci,ty of St. Joseph!
City Council Meeting I
. 1 10799, 7:00 PM l
1. Call to Order. Purs ant to due call and notice thereof, the City Council for the City of St.
Joseph met on Thursday, October 7, 1999 at 7:00 p.m. in the St. Joseph City Hall.
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Members Present: Mayor Kenneth J. Hiemenz, Bob Loso, Cory Ehlert, Ken Twit and Mary
Niedenfuer, ,and Clérk-Administrator Cari Schmidt.
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Others Present: Deputy Clerk Judy Weyrens, EDA Director Chad Carlson, City Attorney Tom
Jovanovich, City Engineer Joe Bettendorf, Brenna Walker, Kathleen Comer, Tiffany Haag,
Sarah Pangerl, Jeff Haag, Monica Pelzer, Tim Reuter, Steve Streng, Dick Taufen, Mike
Deutz, Ben HOllermán, Dan Marrin, Officer Paul Schley and Dan Voschek.
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2. Approve Agenda: Miemenz indicated that the City Engineer asked toaddress a Northland
Drive water main iss'ue that isn't on the agenda. Loso made a motion to approve the agenda
with the addition. ThfJ motion was seconded by Ehlert and passed unanimously. Twit
expressed concern that the Council is receiving different revisions of the agenda. He asked
that no revisions be reprinted and,that any and all additions or deletions from the original
mailed out agenda be made at the Council meeting so that it is reflected in the record.
3. 7:00 Noise Violatioh - 117 Minnesota Street East - Evidentiary Hearing- Mayor Hiemenz
stated that the owne:r of 117 Minnesota Street East was notified of a potential noise violation
and have requested ,an evidentiary hearing. As, such the hearing will be recorded and all
persons wishing to speak will be required to use the microphone. The hearing will consist of
two phases: 1) pres:entation of information so the Council can make a determination if a
noise violation occu~red; 2) If it is determined that a noise violation occurred, the Council will
. consider possible sanctions. Mayor Hiemenz informed those present of the procedure of the
hearing and then opened the floor up for testimony.
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Monica Pelzer, owner of117 Minnesota Street East, stated that this is the first incident of this
nature in the fourteen years that she has owned the property. She does her best to screen
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the students in order¡ to place quality tenants in the home. She calls the university as well as
prior landlords in an effort to ensure the students will not be problematic. She does not want
this to be an ongoing problem, and as such has served eviction notices upon the student
tenants. ' She understands that there are financial ramifications for everyone involved in this
process and does not want to. take up any more valuable time of the Council. She indicated
that she is represented by legal Council, Tim Reuter, an attorney from St. Cloud.
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Tim Reuter, attorne~Jor Ms. Pelzer, stated that as this is the first incident of this nature in
fourteen years, it wo~ld be inappropriate for the Council to revoke the rental license. She
took measures of a ~easonable landlord to ensure thatshewould have quality tenants on the
premises. He indicated that she is here today to cooperate to the full extent with the City
Council. I
Mayor Hiemenz stated that the Council received a letter from the student tenants which he
read at the meeting: I "Dear Council Members: We are writing to address the Noise
Ordinance Violation that we received on the morning of September 18, 1999. We would like
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to explain the sequerce of events that occurred that night. The evening started with a
barbecue that we ho~ted for our close friends. We proceeded to go to a local establishment.
We were informed after the incident that there was an announcement made from the DJ
booth at the La Playette that "The Jungle," our house was having an afterbar. When we
returned home atapproximately 1 :15 am, there was no one on our premises except for those
. 1 we invited. Howeverj within the next14 minutes, people began to flock to our home. Upon
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their arrival, a large amount of noise accompanied the uninvited and unwanted people. These
people were not allowed in our house-we had turned them away. Therefore, they were
congregated outside thus causing more noise and disrupting neighbors. Before we could .
further request people to leave, the St. Joseph Police Department had arrived.> They told us
that they had received a complaint and that people needed to either go inside of the house or
leave the property. We cooperated with the police and regained controlin a timely fashion.
Since this event occurred, we have spoken with our neighbors. We feel terrible that
irresponsible and inappropriate behavior was displayed on our property and in no way do we
condone such behavior. We acceptthis event as a learning experience and are aware of the
ramifications of such behavior and are aware of our role in the community as well. We will
continue to make others aware of this issue in our community of St. Joseph. By joining
COREwe have made? reactive step towards possible solutions to this issue and hope to
increase the proactiveness of others in the community.. At the' CORE meeting we,discussed
ways to curb the outrageous behavior of certain students., We came to a consensus that the
problem begins not necessarily with the student renters, but rather with those who continually
disrupt the neighborhoods. Thank you for your time and consideration on this, sensitive
subject. We look forward to discussing this event and possible solutions for the future.
Sincerely, Brenna Walker, Tiffany Haag, Kate Comer, and SarahPangerl, Septermber30,
1999."
Kate Comer, 117 East Minnesota Street, stated that they take full responsibility for the
incident and stated that they are very sorry thatit happened.
Kevin Blanchette stated that he filed the corpplaint.Sincethatnight, he has spoken with the
tenants and believes that they are truly sorry and thatthey have an understanding of what
unacceptable behavior occurred that night. He recounted the events of the evening
beginning with people hiding in his garage, stealing his scarecrow and watching.2male
students urinating on their front hedge in front of his wife. He heard a scream of "Let's party!"
around 1 :15 AM. He stated he is especially distressed that his wife had to witness such
behavior. He indicated that this is the first incident that he has taken issue with involving .
these tenants.
Paul' Schley, St. Joseph Police Officer, recounted the incidents of the evening. . He stated that
they received a call. about the noise. .'They arrived and ,immediately made contact with the
renters. The garage was packed with students and a keg.< The complaint also indicated that
two students were hiding in Mr.Blanchette's garage. 'Schley also observed cups and
glasses strewn about. He indicated that the noise was audible when he pulled into the alley.
It could be heard more than three houses away. Schley stated that they did not issue a
citation for the noise violation.
Jim Hardwick, 21 First Ave SE, stated that he too heard the party going at 1 :15 AM. He lives
four houses away., He walked to the party around 1 :30 and the police were already there.
He expressed concern for the elderly residents that live in the area,
Tom Jovanovich, City Attorney, stated that the Council has essentially three options: impose
a noise violation and a fine of up to $1 ,000, suspend the rental license or revoke the license
for a specified period of time.
Loso made a motion that the violation did occur but that the landlord took responsibility for
the students by evicting them. Niedenfuer seconded the motion. Loso stated that this is
difficult as no citation was given to the students. Ehlert stated that it is to the landlord's
benefit that there was no citation given to the students.
Brad Meyer, St. Joseph Police Officer, stated that they typically d,onot give citations tothe
renters if they co-operate with the police in breaking up the party. Just because there is no
citation, does not mean that there is no fault. .
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. Twit asked Ms. Pe.lzer if she. is really evicting the students and she indicated that she ,is.
Hiemenzstated th'at the motion should be amended to levy a $400 fine plus administrative
costs against the landlord that will be stayed for six months provided that she evict the
tenants. ,
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Tim Reuter, attorn~y for Ms. Pelzer asked what if the eviction is challenged and does not hold.
up in court? Tom Uovanovich, City Attorney, stated that as a landlord Ms. Pelzer is strictly
liable in this situation. The City must take a strong position and Ms. Pelzer has gotten off
lightly. If the evicti'ons are challenged and don't stand up in court, Ms. Pelzer can return to
the Council and plead her case then. Strong actions are often needed even if it may seem
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unjust. .
There being no additional testimony, Loso amended his motion that sufficient testimony had
been provided to determine that a noise violation did occur at 117 Minnesota. Street East" and
that administrative Icosts anda $400 fine be levied against the landlord, suspended for six
months provided t~e tenants are evicted from the unit. Niedenfuer seconded the motion and
it passed unanimously.
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8:00 Noise Violatihn - 304 Old Highway 52, Apt. 1 - Mayor Hiemenz stated that the
owners of 304 Old Highway 52 Apt. 1 were notified of a noise violation but did not request an
evidentiary hearing'. As the landlord waived his right to such hearing, the Council must
determine that a violation did occur and will proceed immediately to consider a disposition,
which may .include 'revocation or suspension of the rental license. Prior to the determination,
you or your designated representative may address the City Council.
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Dan Marrin, landlorØ for 304 Old Highway 52, Apt. 1, stated that he bought the property in
1985 when it was ai student rental. Over the years he converted it to family housing. This is
. the first group of students that he has rented to in years. He felt they were more responsible
than most as they åpproached him so early in the summer and seemed to be planning
ahead. He took great measures to ensure that there would be no problems ,including special
provisions in the leáse regarding kegs, parties and a joint and several liability clause. Hehas
given the students 60 notice to vacate letters and stated that the disposition of their tenancy
is in the hands of the Council.
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Dan Voschek, a tenfant of 304 Old Highway 52 stated that he never received notice of the
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hearing. Heindicatrd that they would like to say a few words in their defense; Jovanovich
stated that if would be acceptable for the students to say a few words. Kristi Marthaler,
another tenant, stated that they asked all of their neighbors to sign a statement that their
music had never been too loud. . She stated that they were having a few people over to watch
football (10-15) and!some were drinking.
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Officer Paul Schley addressed the Councif recounting the events of the evening. He received
a complainfof a loud party. He parked in front and could hear the music and voices from his
squad car. He noticed a pitcher of beer and also heard a number of students running out the
back door. He disc4ssed the issue with the two renters present. Brad Meyer also stated that
they told thestuden~s that they would have to appear before the Councif. This is standard
procedure and wouldn't be left out.
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Jovanovich stated tHat theCouncif has a number of options that they could use. They could
impose the same fine as in the last hearing giving the landlord the option to keep the students
and just pay the fine\
Ehlert made a motioh to levy administrative costs (at least $150) plus a $300 fine suspended
. for three months ag~inst the landlord provided that the students vacate the property within 60
days. Twit seconded! the motion and it passed unanimously.
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Twit stated that if Mr. Marrin decides to keep the tenants and just pay the fine, the
repercussions of a second violation could be much greater. .
5. Approve Consent Agenda
a. Add 15.00 to fee schedule for fingerprinting services
b. Budget Resolution - Tax Certification Rate
c. Approval of election. judges for November General. Election
d. Set Public Hearing for Assessments for Joseph Street Industrial Park and ,Northland
Drive Improvements for November 4, 1999 i
e. Set a Public Hearing for Business Subsidy Policy for Qctober 21, 1999
f. Authorization to Hire a part time officer to fill in as needed while the City searches for
a new police chief
Twit made a motion to approve the consent agenda, seconded by Ehlert. The motion passed
unanimously.
6. Approve Minutes - 9/1/0/99
Loso made a correction on page, two of an incomplete sentence" Niedenfuer made a
correction on page four, third full paragraph. She disagreed with the term "pet peeve" stating
that she never uses that phrase. The sentence was corrected to read,"One of the biggest
problems she perceives is when bouncers at bars let underage students into the
establishments because they are friends, or because they give them cigarettes."
Loso made a motion to approve the minutes of 9/10/99. Seconded by Twit. The motion
passed unanimously.
7. Bills Payable and Qvertime/Callouts __ Weyrens stated that the Lions have agreed to pay
for a portion of the dredging forMillstream Pond. The City's portion would be approximately
$3,500. Loso made a motion fortheCity to pay$3;500 for the dredging of Millstream Pond. .
Ehlert seconded the motion and it passed unanimously. Weyrens indicated that the money
would come out of the Park Fund.
Twit asked whether item 27932 was the same item that was approved last time. Weyrens
indicated that it is an additional bill that just happens to be around the same amount.
Niedenfuer made a motion to approve the bills payàble, seconded by Ehlert. The motion
._ ." passed unanimo,!sly.
Ehlert questioned the five hours for Marthaler on the callout sheet as to whether this could be
done during the work day.,Taufen stated that this amount was put in the budget ahead of.
time and it was his understanding they had approval to do it. It has to be done in the early
hours of the morning. Ehlert thanked Taufen for the clarification and stated he just couldn't
recall what the Council had decided.
Twit made a motion to approve the.callouts, seconded, by Loso. The motion passed
unanimously.
8. Public Comments on the Agenda
Dick Taufen reported that he and Deputy Clerk Weyrens drafted the 1999 Consumer
Confidence Water Report, which is the results of monitoring done on its drinking water for the.
period of January 1 to December 31, 1998. The purpose of the report is to advance
customers understanding of drinking water and heighten awareness of the need to protect
precious water resources. The report has to be approved by October 15th. Taufenrequested
that i!the Council has any questions or changes t() the report to please call Judy byMonday
the 1.1th.
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9. Gohman Right of Way Transaction- Chad Carlson reported that the City,.ofSt. Joseph
. needs to acq'uire right of way for the placement of water and sewer lines and the construction
of West Elm ptreet. The construction is in conjunction with the County Road 133 project. He
proposed two option for the Council to consider of which he is recommending the second.
This option has Mr. Gohman donated the property to the City for the right of way. In turn, the
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City will apply the hook up fee and trunk sewer charge to the remaining lot after the taking
and paid by Mr. Gohman. The City would then credit Mr. Gohman the amount charged for
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the fees to the,total assessment for the property.
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Ehlert asked Çarlson if the ~rade was a good situation for the City dollar wise. Carlson
indicated thatthey took the appraised value and it works out almost dollar for dollar.
Weyrens stated that she also recommends option two as the City doesn't want to be placed
in the position lof waiving fees. Niedenfuer asked Carlson to see if Gohman would be
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interested in some type of screening/lattice work on the fence. Twit agreed stating that putting
it along 133 would not block 75.. Loso made a motion to approve option two where Gohman
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donates the property to the Cityin exchange for the City applying the hook up fee and trunk
sewer charge ip the remaining lot after the taking and paid by Mr. Gohman. The City would
then credit Gohman the,' amount charged for the fees to the total assessment for the property.
Twitseconded the motion and it passed unanimously.
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10. Right of First Refusal for FirstState Bank - Greg Reinhart is seeking a right offirst refusal
or an option to buy the 40' to the east of the new bank property (the west 40' of the
remainder) Twitistatedthat he is not comfortable giving this option unless it is purchased,
otherwise we are putting the City at the control of the bank. Hiemenz indicated that the
Township would¡ also ratherjust see a sale of the property. Loso questioned how the
extraction of that 40' of the prop~rty affect the value of the rest. Carlson stated that it ¡sa
. narrow lot anyway. There are only certain things that can be done with the property, but 4O'
won't affect it th~t much. Carlson stated that Reinhart told him that he was looking for a five
year right of first 'refusal, where at the end of the five years he, would just purchase the
property. Hiem~nz stated that he would discuss it further with Reinhart and the Township
and report back tp the City Council.
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11. Police Chief Re4ruitment- Schmidt reported that Brimeyer would no longer be able, to do the
search for a new foUce Chief due to an extraordinarily heavy schedule right now. . She spoke
with the Administ~ator in Waite Park who just recently went through this process. They used
the Criminal Justi?e Associates. He expressed some frustration with the process as it was
originally quoted at $6,000 and ended up being more than $10,000. They also received only
18 applications a~d most were local. He indicated that if he had to do it again he would
advertise himself and just hire someone to do the background investigation. Schmidt
recommended tha~ this be the route the Council takes. She requested authority to run an ad
for the Chief position to get the ball rolling. The Council would have more time to decide if
they wanted,tofor~ a committee to hire, do it themselves or hire a consultant. Niedenfuer
expressed that she would like to see the Police Departments input ¡nthe ad for the position.
Twit made,a motioQ.to proceed with the announcement, 'seconded by Loso. The motion
passed unanimously.
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2; NSP Proposed Easement for Anchors and Downguys in Memorial Park - Dick Taufen
reported that NSP is placing anchors and down guys on a new pole along Memorial Park.
This is happening as a result of the n~w station they are putting on the south side of the road,
west of the old Gill f~rm.They started on the new substation this morning. Niedenfuer stated
that it seems backwards that they've already done it and are now asking for permission.
. Taufen indicated thåt he asked for another pole instead of the downguys but NSP said no.
Ehlert stated that the Park Board has been discussing constructing a walking path around the
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baseball field. These wires will now be in the way of that path. Ehlert asked if NSP should
have to pay the City something for this property. Taufen stated that we shouldn't make them .
wait too long on this, as the substation is being built for our benefit. We need the power for
our second substation.
Loso made a motion to grant the NSP easement with the caveat that if John Scherer believes
we are due compensation that we will seek such reimbursement. Ehlert seconded the motion
and it passed unanimously.
13. Cold Spring Wastewater Treatment Facility Proposal- The City of Cold Spring is
requesting $5,000 from the City of St. Joseph to continue with the Wastewater Facilities Plan
and for the Collection and Conveyance System Analysis and Report. Hiemenz stated that he
also met with St. Cloud and is comfortable that they will be able to offer the City what they
need in terms of wastewater.
Loso made a motion to back out of Cold Spring at this time. Ehlert seconded the motion.
Bettendorf stated that the deal with St. Cloud looks the most promising. With Cold Spring,
the City is looking at nine miles of pipe which will most certainly run at least 2.25 million for
the pipe only. If all of the area in the 20 year annexation plan were developed in the next 20
years, this capacity would take care of our needs. The issue is whether we want to keep our
options open with cold Spring. Twit expressed concern that we still don't know if this is a
sure thing with St Cloud. Hiemenz agreed but stated that the plan has the backing of the
Mayor and staff. Bettendorf stated that this might be a good time to send the message to St.
Cloud that they have been a good business partner.
Twit made a motion that the' City decline to participate financially at this time with the Cold
Spring facility expansion and that the City send a letter stating that this is our stance at the .
present time, but it may change in the future. Ehlert seconded the motion and it passed
unanimously.
14. Assessment Issue - Ben Hollerman- Ben Hollerman has requested the City reduce his
water assessment equal to what the residents paid in 1994. If this request is granted, a new
public hearing must be conducted for ALL the rêsidents who were assessed in the 90th and
91 st Street Improvement. Further, the water assessment could not just be reduced for Ben
Hollerman, all the residents would need to be reassessed and the City would have to absorb
the cost (excess of $17,000) Loso stated that he received a call from Ben Hollerman
questioning the assessment policy, He requested that the Council take a second look at the
roll. Loso is uncomfortable with the fact that the residents on 90th got a new road that was
paid for by the residents on 91 st. Joe Bettendorf stated that restoration charges were levied
over the whole project. There were no complaints regarding the restoration at the public
hearing
Ben'stated that he essentially feels like he was talked out of the project in 1994 and now he is
paying thousands more. He ¡sfeeling ripped off. Last time around the sewer was more
expensive, and this time the water is more expensive.
Weyrens stated that we are talking about seven other properties as well. Bettendorf stated
the the cost is spread our to make it affordable to everyone. We want to be careful we don't
go the other way. He also stated that it's important to remember that this project came in
very cheap. Twit pointed out that these are two separate projects that were done six years
apart. It was based on a decision that Mr. Hollerman made at the time. Ehlert stated that he
agreed with Loso that it does seem unfair that 90th received a new streetthat 91st had to pay
for. Loso pointed out that this is not how the City has handled these things historically.
Twit stated that the two issues cannot be considered together. Mr. Hollerman has only asked .
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the Council to reconsider the water assessment. Twit made a motion not t9 reduce Ben
. Hol/erman's water assessment. Loso seconded the motion andthe vote passed
unanimouslY~ .
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Ehlert stated. that he would I,ike John Scherer to explore the possibility of having the City
absorb the cost of the street for 90th that was assessed to the residents on 91st. Weyrens
stated that the City may be opening itself up for problems as there is a process to certify the
assessment. I Ehlert made a motion to have Scherer look at the costs involved in
blacktopping 9dh and whether or not the City could absorb those costs without opening up
the assessmJnt$ again. LO$o seconded the motion. The vote passed 4:1, with Hiemenz
voting no. 'i
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15. Northland Drive Issue.- Joe Bettendorf- Bettendorf stated that as the Council is aware, they
are putting in r¡.Jorthland Drive without utilities. He asked permiss\on to place 80' of water main
underneath now however, at a cost of $4,900. The alternative is that we wait and it costs
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more later. Thie whole idea is to bring the 16" main back to the water tower. Eventually we
want to close the loop., We plan on bringing sewer up one side and take services across
without tearing\ up the road. The wat~r main is a sure thing, so it would be a good idea to do
it now. Ehlert made a motion to approve the 80' water main for approximately $4,900. LO$O
seconded the (potion and it passed unanimously.
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Hiemenz stated that he got a question about Pondview 5 today. The dirt has been leveled off
and now the backyards are lower so that all of the water will run into the yards behind Fred
Reber. Niedenfuer stated that she also received a call about the new phase of Pondview.
There are piles pf dirt that the residents are. curious about. Twit also asked about the status
of the punch lists for Pondview 2,3, and four. Bettendorf stated that he would look into the
. issues and repo~ back to the Council.
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16. Mayors Report \- The Mayor reported that the Cable Commission has requested Paul Schley
be appointed to theCommissíon. He has experience with Cable TV and is interested in
participating.!
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17. Council Report~ - Ni,edenfuer stated that she attended a Healthy Communities Partnership
workshop in Little Falls. The HCP is looking at conducting a City wide visioning process as
early as January.l
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Loso indicated that he received a call that the water tower lights are out. Schmidt stated that
she would follow up with Dick Taufen to see what the issue is. Loso a/so asked why the EDA
is questioning thei architects agreement for the new City hall building. Twit stated that there
was some discussion about the fee schedule that came in. At this point, the question is if the
EDA is the true P4rchaserof the bank building, who should hire the architect? Niedenfuer
stated that since there isn't a contract yet, the rates should still be negotiable.
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Ehlert reported th~t at the last Lions meeting, $6,300 Frisbee golf course was approved. The
Lions will purchas~the equipment and Dick Taufen has agreed to store the equipment. He
also reported that ~he memorialdedication/tree sculpture was last weekend. A total of 10
trees were planted, 'The location was, originally ¡nthe SE corner, but the Park Board thought
the SW corner wa~ a better idea.
Twit stated that he ¡is concerned about receiving so many handouts at the Council table. He
doesn't want to be given information at the last minute so that they can't make informed
decisions. Twit also stated that the Cityshould entertain the ideaofa moratorium on rental
. units in R1 or R2 in\a situation otan absentee owner. He suggested discussing this topic at a
future working meeting.
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18. Clerk/Administrator Report - Schmidt reported that AI Rassier, City Rental Inspector, gave
his notice to terminate employment. He stated that he would remain in the employ of the City .
until we could find a replacement. Schmidt asked for authorization to start advertising for the
position. Twit made a motion to authorize Schmidt to advertise for the position of rental
inspector. Loso seconded the motion and it passed unanimously.
19. Miscellaneous and Announcement Items - Loso stated that he would like to see the
Council handling meeting items in a more timely manner. He doesn't like being at the
meetings until 10:45 PM. Hiemenz stated that the evidentiary hearing made this meeting
long. Schmidt stated that she could also help by shortening the agendas if the Council would
point out things they like her to handle without their input.
20. Adjourn - 10:45 P.M. Twit made a motion to adjourn, seconded by Loso. The motion
passed unanimously.
Respectfully Submitted,
Cari Schmidt
Clerk/Administrator
City of St. Joseph
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. CITY OF ST. JOSEPH
21 First Avenue NW i Business Subsidy Policy
P.O. Box 668, I
] City ofSt. Joseph, Minnesota
St. Joseph, MN 56374 I
(320) 363-7201 This Policy is adopied for purposes of the Business Subsidies Act (the "Act"}, which is
Fax: 363-0342 Minnesota statutes\' Section 116J.993 to ·116J.995. Terms used in this Policy are
.. intended to have the same meaning as used in the Act, and this Policy shall apply only
with respect to SUb+idies granted under the Act if and to the extent required thereby.
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While it is recognized that the creation of good paying jobs is a desirable goal that
MAYOR benefits the community, it must a/so. be recognized that notal! projects assisted with
Kenneth J. Hiemenz subsidies derive th~ir public purpose and importance solely through job creation. In
addition, the imposition of high job creation requirements and high wage level may be
unrealistic and counter-productive in the face of larger economic forces and the financial
CUiRK! and competitive circumstances of an individual business.
AUMINISTRATlIR !
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Cari Schmidt With respect to subsidies, the determination ofthe number of jobs to be created and the
wage level thereof shall be guided by the following principals and criteria:
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COUNCILORS 1} Each prÓject shall be evaluated in a case-by-case, recognizing its importance
Bob Loso
.~lert and benefit to the community from all perspectives, including created and
retained ¡employment positions.
wit
Mary Niedenfuer 2) If a particular þroject does not involve the creation of jobs, but is nonethe/és$
found to :be worthy of support and subsidy, it may be approved without any
specific job or wage goals, as may be permitted by applicable law.
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3) /n cases ¡were the objective is the retention of existing jobs, the recipient of
the subsidy shall be required to provide reasonable demonstrable evidence
that the Ipss of those jobs is imminent.
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4) The settihg of wage and job goals must be sensitive to prevailing wage rates,
local eco'nomic conditions, external economic forces over which neither the
grantor n'or the recipient of the subsidy has control, the individual financial
resource~of the recipient and the competitive environment in which the
recipient's business exists.
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5) Becauselit is not possible to anticipate every type of project which may in its
context and time present desirable community building or preservation goals
and objettives, the governing body must retain the rightin its discretion to
approve projects and subsidies which may vary from the principles and
criteria o~ this Policy.
. rdopted by:
¡Date of Adoption: :
Date of Public Hearing:
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FAlCT\SHEET: 1999 Busine$s Subsidies Law
. -~rade&-
EcQnomic !
DeVi' opment :1
Laws of Minnesota 1999, Chapter 243, Article 12; to be codified as Minn. Stat. §116J.993 to 116J.995
. J ..,.", ',. "-' -. .
What is the 1999:B.lIsiness_SubsidiesLaw?:.,.___..,.:·.. . ..' ..__ ;;.....';:,,,_,
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./ Minnesota Statutes (~inn. Stat.) §116J;993through §116J.995 regulate business subsidy
agreements signed ~n or after August1,,1999, andreplaceM~nn. Stat. §116J.991.
./ Agencies are no longer subject to reporting requirements for agreements signed under Minn. Stat.
§ 11,6J.991, but businFsses must still. comply with, agreements signed before August 1 ;,1999.
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Who oesthelawapply to, ,and for what types of subsidies?
./ State and local government agencies with the authority to provide business subsidies with state or
local government funds, and entities created or authorized by a'local government with this authority,
are subject to the laW.The law gives a complete description of applicable agencies (i.e. "grantors").
./ The law covers business subsidies to for-profit businesses, and to nonprofits with at least 100 full-
time equivalent positibns and a ratio of highest to ¡owest paid employee. determined on the basis of
fulHime equivalent positions, exceeding 1 0 to 1.
./ Types of assistance ~eeting the definition of a "business subsidy" include:
· state or local government agency grants;
· contributions ,of personal property, rea,l property, or infrastructure;
· the principal amount of a loan at rates below those commercially available;
· reductions or',deferrals of taxes or fees, including tax increment financing (TIF);
· guarantees ofany payment under any loan, lease, or other obligation;
. · and, preferential use, of government facilities.
./ The law explicitly excÜJdes 18 types of assistance from the definition of business subsidies, including
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all,awardsof less than $25,000.
./ Four of the types of financial assistance excluded from the definition of business subsidies are
¡subject to different re~ortíng requirements under Minn. Stat. §116J.994,subdivision 7. These types
of assistance include: \
l property polluled by contaminants as defined in lo1inn. Stal ~ 116J.552;subdivision ~ (i.e.
brownfields); I
r assistance provided for the sole purpose of renovating building stock or bringing it up to
code. if the assistance is 50 percent or less of the total cost;
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r assistance forlPollutioncontrolor abatement;
I . and assistanc~ for a llF soils condition dismd as defined in Minn. Stat. §4690174,
subdivision 19.
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What is required in arderto.awarda business subsidy?
./ t business subsidy agreement may not be signed on or after August 1, 1999, until the grantor has
r a PUbl~.heanng~n. .and adopted .cñœ~ for... awa~mg..business su~idies, Tha .criœna mu~
i elude a wage policy for jobs created by a recipient.
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./ he law outlines 8 ele":1ents that must be included in business subsidy agreements:
· a description of the subsidy, including the amount and type of subsidy, and type of district if
the subsidy is T'F;
· a statement of the public purposes for the subsidy;
· goals forthe s4bsidy;
· a description of the financial obligation of the recipient if goals are not met;
. · a statement of~hY the subsidy is needed;
· a commitment to continue operations at the site where the subsidy is used forfiveyears;
· the name and. address of the. parent corporation of the' recipient, if any;
· , ,and a list of all financial assistance by all grantors for the project.
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./ l' business subsidy agreements must include job and wage goals with specific goalstobe attained
within two years of the ~enefit date. . The law does not specify minimum criteria for these' goals.
Department of Trade and Economic De~elopment Page 1 of4 July 27,1999
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Fact Sheet: 1999 Business SUbsidies Law -.
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I' Business subsidies must meet a public purpose other than increasing the tax base. The law
specifies that job retention. may be used as a public purpose only wherejQb loss. is immineQtand .
demonstrable. but does not otherwise restrict allowable public purposes (see examples onpage4).
I' Grantors must determine that the recipient is eligible to receive assistance by reviewingDTED's I,ist
of past recipients ineligible to receive a business subsidy because they failed to meet the terms of
another subsidy agreement. (This will not take effect until DTEDmakes thefirsUistavailable after
receiving the 1999 reports in 2000.) , ' ," ...,'... '><'.
Before grantingabusinesssubsidy that exceeds $500,000 for a state gqvernmentgrantor;and
$1 00,000 'for a,local. government grantor.·the grantor l1'Iust provide 'public notiœand hold..ahearir)g
I' on the subsidy unless. a hearing and noti,ce on .thesubsidy is otherwise required by,law. ....
If a business subsidy benefits more tha,n one recipient, the grantor mustassigna proportion of the
sUbsidy. to each recipient signing, the agreement. If the, grantor is a local gover~ment agency. the
agreement must be approved by the local elected governing body, except for the St. Paul Port
Authority and a seaway port authority. Also, subsidies in the fonn of grants must be structured as
forgivable loans. and agreements for other types of business subsidies must state, the fair market
./ value of the subsidy or other in-kind benefits.
In' addition, to any ,criteria developed ,in colTlpliance with this law,. agencies, may be slJbject to
additional criteria· required. by ~pecific assi~tanœprograms such, a~ttleCornmunity ,Development
Block Grant (HUD}and,MinnesotaJnvèStment Fund programs. Agencies may or may not ,choose to
address specific program criteria in the criteria developed in complianœ with this law.
What happens if a recipient does not meet business subsidy goals?
I' Business subsidy agreements must specify the recipient's obligation if the recipient does not fulfill the
agreement. At a minimum. a recipient failing to meet goals must pay back the assistance plus
interest. although repayment may be prorated to reflect partial fulfiUment of goals. '.. The interest rate
must be set at the Implicit Price Deflator rate as defined ¡nMinn. Stat.§275.70, subdivision 2. DTED
will provide information on the Implicit PriœDeflatorot\Ïts website., . ' ' , ' '4~
./ Recipients failing tofulfiU b~siness subsidy. agreem~nts rnay,notrec~iv~ busin~ss subsidies from any ,.~\.
grantor for five years or until they have satisfied their repayment obligation, whichever occurs first .
Who is required to report business subsidies, and how?
I' Recipients must provide grantors with information on their progress toward goals outlined in the
agreement, and will be subject to a penalty as defined in Minn. Stat. §116J.994, subdivision 7(d) for
failing to report.
./ Grantors must submit the annual Minnesota Business Assistance Form (MBAF)to DTED for each
business subsidy agreement signedonorafterAugust1, 1999. DTEDwiU ask grantors to file an
MBAF each ye¡:¡r for each agreement fortw0years afterthe benefit date or until all goals outlined in
the agreement have been met, whichever is later.
I' Local government agencies in communities with a population of more than 2,500 and state
government agencies must submit an MBAF regardless of whether they have awarded business
subsidies. The form will ask agencies whether they have awarded any subsidies. ' Local government
ag~ncies in communities with ,a population of 2,500 or less are exempt from filing the-MBAF.ifthey .
havE:! notawardeda subsidy in the past fivE:! years (i.e. those with a population of 2. 500 or less who
./ have not signed an agreement after December 31, 1994. will be exempt fr0rnreportingin 2000).
DTED will develop ,a neYJ MBAF in fall 1999. This fol1'n will. as~grantorsto report,. ,at a. minimum, the
information that Minn. Stat § 116J.994;' subdivision 7 requires recipients to provide. tothem,including:
· the type, public purpose. and amount of the subsidy. and type of district if the subsidy is TIF;
· the hourly wage of each job created with separate bands of wages;
· the sum of the hourly wages and cost of health insurance provided by the recipient. broken
down by wage level;
· the date( s) by which job' and wage goal!? will be met;
· a.statement of goals, identifjed '.in the agreement and an. update On progress toward·thern; ..
· the location of the recipient priorto r~ivingthe buSines~subsidy;
· information on why the recipient did not complete .the projectoutlinedinthé subsidy
agreement at its previous location. if previously located at another site in Minnesota;
· the name and address of the parent corporation of the recipient. if any;
· and a list of all financial assistance by all grantors forthe project.
Department of Trade and Economic Development Page 2 of 4 July 27,1999
. F'" Sht 999 B""", S"",~J l,w
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( -' ~ Ith their reportS, OT~D .nil ask wan!ors to include a list ~f recipients that did not repo~ as well as
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. list of those failing to) meet any goals outlined in the agreement and a description of the steps being
taken to bring them into compliance or recoup the subsidy.
-' ro will p~an MB~ onOTED's websiœ this mlliand. mail thèronTI in Februa~ If DTEO has n01
eceived an MBAF by April 1 from an entity required to report, DTED must issue a warning. If DTED
as still not received t~e MBAF by June 1, the agency in default may not award any business I
ubsidiesuntil the report has been filed. " ' .... i
,/ ~tate funds passed through local agencies to businesses (e.g. Minnesota Investment Fund awards) .
re reported by the stéhe grantor. ' However, local agencies must report on applicable local funds
~warded in conjunctio~ wtth state funds and on stare funds which have been repaid to and reinvested
y the local agency (e.g. revolving funds). .
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How i non..business subsidy financial assistance reported?
,/ ecipients of the four types of financial assistance with different reporting requirements must provide
lrantors wtth the infonTIation outlined in Minn. Stat. §116J.994, subdivision 7(c), and.nll be subject
o a penalty as defined in Minn. Stat. §116J.994, subdivision 7(d) for failing to report.
,/ TED will ask grantor~ to report, at a minimum, the information that Minn. Stat. §116J.994,
ubdivision 7(c) requires recipients to provide to them on these four types of financial assistance.
,/ TED will determine t~iS fall whether to develop a separate form 'or ask grantors to use the MBAF for
~eporting on these agreements. The form(s) will be posted on DTED's website this fall and mailed to
gencies in February. IAs with their business subsidy reports, grantors will have until April 1 to file
Jese reportS with DJliD.
How ill information rel?0rted by agencies be used?
,/ . ~TED isrequired to publish a report summarizing information reported through the MBAF each year
y July 1. OTEO's report must include a list of recipients that have failed to meet the terms of a
. tUbsidy agreement in the past five years and have not satisfied their repayment obligations. Copies
r the report will be su&mttted to the Legislature and posted on OTED's websiœ
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Where can I find the la~?
,/ The business subsidies law can be found on OTEO's website at http://www.dted.state.mn.uslbusasst
rarepO~html and .,. be prinred from your web browser.
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Clarifi . ations to the lawl
-' he rollowing clarificaliÞns are in response to commonly asked questions about the law.
l Regarding Minh. stat. §116J.994, subdivision 7(b), the statute's author agrees that recipients
shouldcontinu~ reporting to the granting agency, not to OTEO. The granting agency will be'
responsible fo~ reporting to OTEO.
· OTEO wil.1 be. ~lIecting information only on public funds originating in Minnesota; therefore,
OTEO will not ask agencies to report on federal funds they administer unless the funds have
been repaid toithe agency ,and reinvested according to local policies.
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This fact sheet is intended to help agencies understand the 1999 business subsidies
law, and does,not serve as a substitute for statute language. Agencies are responsible
for complying with 'the law and. should view the law for questions and specific details and
requirements that are not outJined1n this fact sheet. Questions about the law can be
directed to DTED:!
Minnesota Department of Trade and Economic Development
Analysis and· Evaluation Office
. I . 500 Metro Square
121 -rn Place East
.' , ,St.Paul, MN55101-2146
Phone: (651) 296-36461 Fax: (651) 215-38411 E-maìl:caryn.mohr@state.mn.us
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www.dted.state.mn.us
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Departmenr of Trade and Econ0O'lic 1velopment Page 3 of4 July 27. 1999
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Fact Sheet: 1999 Business Subsidies Law ,
Developing Criteria and Stating Public Purposes )
for BUsiness Subsidies .
Under Minn:Stat. §116J.993 through §116J.995, granting agencies must develop criteria for awarding
business subsidies after a public hearing. In addition, each businesssubsidy agreement must indicate a
public purpose. 'The ,law allows grantors flexibility instating 'public purposê~appropriatefor,their'; ,-
communities; but requires that agreementsmeeta public purpose' other than increasing the tax base and that
job retention be used as a public purpose only when job, loss is imminent and d,emonstrable.Although the
law does not require public purposes to be addressed in the criteria; grantorsmaywantto refertothe public
purposes below for criteria ideas. The following public purposes and criteria were recommended by the
legislatively established Corporate Subsidy Reform Commission.
EphancingEconomic Diversity
./ In what ways does the project improve the mix of businesses in the area so .as to:(1} allow the area
to participate in fast..growing industrie.s; (2) protect the area from adverse economic consequences
caused by slow growth or declining industries that are dominant in the area; and (3) provide essential
consumer services, or develop a networko,f local supplierS to businesses within the community
where they otherwise do not exist?
Creating High-Quality Job Growth
./ How many new jobs will be created, and what will they pay?
./ How do wages proposed to be paid compare to community wage levels?
./ How many jobs will be created with opportunities for.career advancement, educational opportunities,
or occupational training? .
./ What are the projections for job growth atthe projectoverthe nest period of two to five years?
./ Whatare the fringe benefits that are payable for the jobs (particularly, is there child care, health care,
and pension coverage)?
Providing for Job Retention, Where Loss is Imminent and Demonstrable
Note: Under the 1999 law, job retention can be used as a public purpose only in cases where job loss is
imminent and demonstrable.
./ After collecting the necessary documents, is there substantial evidence that the company will have to
shut down involuntarily?
./ After collecting the necessary documents" is there substantial. evidence thatthe cornpany has
received an offer to move to another state or community that is attractive enough that a reasonable
person would seriously consider a move for business reasons?
./ What potential negative effect would the subsidy have on other competing businesses and overall
area job quality? .
Stabilizing the Community
./ How will the project constitute a significantinvestment in an area that (1) has not historically received
./ similar investments; (2) is a, blighted area; or (3) is an economically depressed area?
How will the project stimulate other investment or create spinoff businesses and jobs in the area?
Increasing the Tax Base
Note: The law requires business subsidies to meet a public purpose other than increasing the tax base, but
grantors may use increasing the tax base in conjunction with another public purpose.
./ How will the project uniquely affect the property tax base ,for all taxing jurisdictions, both short term .
and long term and both directly and indirectly?
./ How will the project affect other local business and individual property tax bills?
SOURCE: COl" )orate Subsidy Refòrm ComlTtission. 1997 Corporate Subsidy Refonn Commission Report, February 6, 1998.
Department of Trade and Economic Development Page 4 of 4 July 27. 1999
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. CITY OF ST. JOSEPH
21 First Avenue NW
P.O. Box 668, I
St. Joseph. MN 56374 October6 1999
(320) 363-7201 ' 1
Fax: 363-0342 j
Seren Innovat,ons
400 Sundial Drive
ø. W!liteParkMj; 56387
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Dear Sir or Màdam:
MAYOR
Kenneth J. Hiemenz It has come tojthe attention of the City that you are installing cables, wires, conduits and/or
fiber optic :lin¿s within the City of S1. Joseph right-of-way. '. Please be advised that S1.
Joseph City Ordinance 36 requires the granting of a franchise and the execution of
CLERK! agreement witÞ. all companies installing, repairing or maintaining cable facilities and
ADMINISTRATOR equipment within the C, ity. Our records indicate that you currently do not have a cable
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Rachel Stapleton franchise within the City of S1. Joseph. '
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In addition, the S1.Joseph City Ordinance No. 57 regulates excavations within public right-
COUNCILORS of-way. The 0rdinance requires that you first notify the City and obtain an excavation
Bob Loso permit beforepommencing any excavation or digging within a public right-of-way. Failure
Cory Ehlert to secure a valid excavation permit or other violations of the Ordinance, constitutes a
K_it misdemeanor.!
rvwiedenfuer !
If you are in fåct involved in any excavation activities or installing cable television
equipment or ~ervíce lines wìthin the City of S1. Joseph, you are to immediately halt all
such activities I and contact the City Administrator to secure the necessary permits and
approval. If violations of these Ordinances are occurring and are notimmediately ceased,
the City will pursue ,all available remedies.
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If the information provided to the City is inaccurate and Seren is not involved in the
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activities outlipedabove,you may disregard this letter.
Very truly YO41's,
CITY OF ST. IJOSEPH
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Cari Schmidt, Clerk-Administrat~
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cc: Mayor Ke'nneth J. Hiemenz
John SchJrer, City Attorney
Dick Taufen, Publìc Works Director
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ST. JOSEPH POLICE DEPARTMENT CHIEF
Bradley J. Lindgren
Box 268, 25N.W.lstAvenue SERGEANT
St. J oseph,Minnesota 56374-0268 Jeff Young .
(320) 363-8250 Emergency 911 OFFICERS
EDUCATIONAL CENTER OF ceNTRAL MINNESOTA Brad Meyer
Wed 10-06--99 St. Joseph Police Department T il~:.Gut;1iI\ 57 am
Initial Complaint Record Joel Bill
Jason Dalù
Case Number : 99002236 DatE:' Repoy·tE:'d: 10/06/99
RepartE:'dBy,: CITY CLERK DOB:
Address: 21 1S1 AVF:_. NW Apt. #: PhonE:' I: 612/363-7201
Ci t y: ST. JOSEPH State: MN Zip Code: 56374 Danyer (Y/N): N
Complainant: DOB:
Address: Apt. #: Phone #:
City: State: Zip Code: Danger (Y/N) :
lncident De!:>cription: WANTED US TO CHECK OUT LINES IN THE GROUND PUT IN
FOR SEREN CABLE. STATED THEY HAVE NO RIGHT TO Bf:.INSTALLING
LINES. CHECKED ARE WITH #782. FOUND WHAT LOOKED LIKE CABL
1-:. BOXES BUT NO LINES BE 1 NG PUT 1 N. PHOTOED HOXES.
Squad/Badge #5: 7703 Addt'l Reports , No ProtE:'c·t, ed : No
.
HC'J'd By: 773 Day: WED DatE' Committed: 10/06/qq Time Committed: 09 ': 4.
Me 5 s. Kf:!Y Control Nl..lmber .. (OCA) Cont. Ayency NCIC ld~nt. (CAG)
ECl 9q002236 MNØ731100
Datf.o Rt'ported ( RPID Time Reported ( T RP ) Location Grid NumbE:'r (LGN)
l1Ï1/06/99 09 : 45 1 1 304
Place Committed (PLC) :
100 BLOCK 13TH AVE
HRD Sq'.lad/Badge # (SEN) Ti meA 5 sj g. (T AS ) Time Arr, <TAR) Time Clr. <TCL>
) 7703 1Ï19 : 45 : :
1 S N U 0 C U C S
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PAULY OLSEN
BElTENIDRF EÄSTWCDD
& ASS<J:IATES, LTD.
i July 29, 1991
Ms. Rac el Stapleton I
Clerk/Atlmin/Treasure~
city of st. Joseph
21 NW 1st Avenue
P,O. BO¡X 668 'I
st. Joseph, MN 56374-;0668
Re:'EaJementsA10ng ~anitary Sewer Line in North Park Addition Area
Co . No, 501...001
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One of the things we accomplished when. North Park Addition was
platte was to locate the sanitary sewer line serving the
propert.ies'between.cöunty Road 75 and the railroad tracks, and,to
make sJre that a proper easement was dedicated for North Park
Additi6n, What we didn't do is address the fact that there are
appare*tlY no recordèd easements for the sanitary sewer line over
. the other properties', I am enclosing a sketch, showing the location
of the¡sanitarY sewer. line, based on a survey Dave Regan made ,when
h e ,was preparing, the ,.,1", N.o',rthPark Add itionplat.,anc¿. a~s oa sketch of
the ea ements that wþuld be necessary to clean thlS lssue up, I
think' e should get together on the telephone with John Scherer,
and de ermine if it :is necessary to go after the easements at this
time, or if we can sjimply rely on "squatter's rights" should
someon~try . to build: over, or otherwise use the, easement area,
Pleasel_give me a calil after you have had.a chance. to review the
encloser d material. ¡ThankS ,
'1 I
S lncer¡e y, i
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R Bettendorf, P,E,
djg
(5010~JL. A29-LE7) j
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Enclo ures:Easement Sketches
cc Jhn Scherer (w (enclosúres)
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I ARCHITECTS! ENGINEERS
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113¡SOUTH 5TH AVENUE. po. BOX 1 ï 17. 5T CLOUD. ~\N 56302·1717.612/2524740
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~ .~. ¡g /g ~ I ~":I : REGISTRATION NO, 12236
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. ICITYOF ST. JOSE}>H
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21 First Avenue NW
P.O. Box 668, ¡
St. Joseph, MN56374 ! i
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(320) 363-720 I I i
Fax: 363-0342 Memo i
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MAYOR
Kenneth 1. Hiemenz i
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To: Honorable Mayor Híemenz and Members of the Cíty Councíl
From: Judy teyrens I
CLlèRK!
AUMINISTRAT()R Date: 10/15/99
Cari Schmidt Re: Persoquel Polícy
COUNCILORS
Bob Loso Please find attacþed the draft personnel policy. Lotte ffansen ITom John Scherer's Office has revíewed
.Iert the docwnent arid submítted her comments. All ofhcir comments have been illcluded with the exception
It of the fOllowing1 I
Mary Niedenfuer
Page'19: Overtime/Compensatory Tíme Polícy. The Councíl spent consíderable time. discussing
the ,effects íf hqurs away ITom work for jury dutY, scheduled vacation or paíd síck leave are not
computed ill hoprs worked when computing overtiþe. Therefore, I have not made thís change.
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Page ·19: Sícki Leave. ,TIlls was not a legal req\.rirement rather a. suggestion on potential cost
savíngs. Sínce thís matter was never díscussed I h<tve not made tills change.
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City of St~ Joseph
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Personnel Policy Manual
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. i TABLE OF ÇONTENTS
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POLICY ¡ PAGE
Chapter 10 - Gen+ ProYlsiol1ß
Policy 10.1 St. Joseph Personnel Policy Manual... ".............................. 3
Policy 1 0.2 Applicability to St. Joseph Police Officers.. .,.......................... 3
\ .....
Policy 10.3 Whåt You Can Expect From the City of St. Joseph ................... 4
Policy 10.4 Whåt the City of St. Joseph Expects fÌ'om an Employee. . . . . '" " '" 4
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Chapter ,11' - Personhel· Administration
Policy 11.1 ..EmJ10yee Personnel Policy...... ...,..... .......................... 6
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Chapter 12 - Empl00nent Classification
Policy 12.1 Regular Employees............ ..............................,............ 7
Policy 12.2 Part ~ime Employees..,................;...... .......................... 7
Policy 12.3 Temporary Employees. ...................... .........,...,............... 7
Policy 12.4 Non Exempt (Overtime Eligible) Employees,......,.........,........ 8
Policy 12.5 Exerbpt (Non Overtime Eligible) Employees..... ... .. .. . .... .. .... ... 8
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. Chapter 13 - EI1:1Plotent Practices
Policy 13.1 AnniyersaryDate ...................... .... ........ ......................... 9
Policy 13.2 Aptitµde & Ability Tests.. .. .... ...... .. .. ..... .. '" ....... .. .... ..... .... 9
Policy 13.3 At Will Employment.. ..,.................,.... ........;........ ........ ,.. 9
Policy 13.4 Business Hours'. . . ... . , , . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. ............... 9
Policy 13.5 Con~dentialInformation ................... .......................... 9
olicy 13.6 Resident! Visitor Relations .............................................. 10
01icy13.7 Driver's License & Driving Record ...................... ............ 10
olicy 13.8 City Vehicles..................... ......................., .................... 11
olicy 13.9 Equall Employment Opportunity ......................................... 11
~haPter 14 - Emplo~ent Policies
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oIicy 14.1 What ~s Harassment.. ........... .... .... .. .. ..,.. .. .. ;... ...... .. .. .. .. .... 12
olicy 14.2 Respo~sibi1ity/ Reporting............... .................,.. .......... 12
oIicy 14.3 Investigation. ...... '" .. .. " .... ...,.. . .. ....... '.. , .. .. .. . .. .... .. .... .. 13
olicy 14.4 Prohibited Harassment Policy................ ....................... ..... 13
olicy 14.5 Physid,al Examination ................................ ... ......... 15
R~OliCy 14.6 How an Employee is Selected................... ... .. ... .. .... .. .... 15
01~ CY,.14.7 Job D,' ~scription ... .,' .... ...... '.' ............ ..... .... . .. .... ........ . ....... 16
ohcyl4.8 OutsIde Employment............... .. ..... ......,............... ........ 16
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lolicy 14.9 Prohibition of Use of the City Attorney.....................,.......... 16
~ol~cy 14.10 Proof~fU.S. Citizenship and/or Right to Work...................... 16
'. Plol~cy14.11 T?e .Cl~ Needs Your Ideas ................................ ........ 16
Pphcy 14.12 LImItatIon on Lawful Consumable Products.... .................. 16
Policy 14.13 Drug & Alcohol Policy. .. .. .. '" .... .. . .. ...... ....... .. .... ... .. . .. .... . 17
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Policy 14,14 Alcohol & Drug Testing Policy . .....: ..;............................... 19 .
Policy 14.15 Contributions to Organizations. ,.......................... .... '" ....... 22
Policy 14.16 Use of Polygraph Testing..... ...... ..... ....... ....................... '" 22
Policy 14.17 Non Discrimination Policy............................................... 22
Policy 14.18 Political Affiliation ............................................... ..,....... 23
Policy 14.19 Restriction on Speech . ................' .......................... ...... .., 23
Chapter 15 - Standards of Conduct
Policy 15.1 Unacceptable Behavior,................................................... 24
Policy 15.2 Dismissal .................................................................... 27
Chapter 16 - Wage and Salary Policies
Policy 16.1 Call Back Pay........ ,. .,................... ......,.....,..... ...... ..... 28
Policy 16.2 Computing Pay...........,.; ................................................... 28
Policy 16.3 Deductions from Paycheck (Mandatory) ............................... 28
Policy.16.4 Error in Pay ................................................................. 29
Policy 16.5 Differential Pay ..............................,............................. 29
Policy 16.6 Overtime I Compensatory Time Policy. . .. . .. . .. ... . . . .... . . . '" .. . .. . . 29
Policy 16.7 Pay Period & Hours .............. .......... ................,................ 30
Policy 16.8 Pay Cycle ..........,.............,..................,........................ 30
Policy 16.9 Paycheck Distribution & Cashing Procedures ......................... 30
Policy 1 6.10 Reporting & Severance Pay.............................. ...,........... 30
Policy 16.11 Resignation & Severance Pay........,........... ... ........ ............. 30 .
Policy 16.12 Time Records.. .. ... .., . .. . .. . ... .. . .., .. ... . . . . ... ... .. . ... .. . .. . . . . .. . ... 30
Chapter 17 - Performance & Compensation Reviews
Policy 17.1 Performance Review ...................................................... 32
Chapter 18- Work Scheçiule
Policy 18.1 Work Week ......................................... .. . .. .. . . . . . .. .. . . .. . . . 33
Policy 18.2 Absence or Lateness ...................................................... 33
Policy 18.3 Attendance ...........,..................................,................... 33
Policy 18.4 Breaks I Rest Periods'.............. ........... ..... .... .... ........ ........ 33
Policy 18.5 Closure After Starting Time"...... ... ...... .......... ..... ........... ..... 34
Policy 18.6 Change Prior to Starting Time ..............:.......:.................. 34
Policy 18.7 Excessive Absenteeism or Lateness. . .. . ............. .................. 34
Policy 18.8 Lunch Period ...... ................................................. ....... 34
Chapter 19 - The Benefits Package
Policy 19.1 Eligibility for Benefits .................................................... 35
Policy 19.2 Paid Leaves of Absences ................................................. 35
Policy 19.3 Holidays .... '" ......... '" ....... ........... .................. "', ...... ... 35
Policy 19.4 Vacations ..................................................,................. 36
Policy 19.5 Funeral (Bereavement) Leave....,.... .................................... 37 .
Policy 19.6 Jury and Court Leave .................,........... ...... .... ............ 38
Policy 19.7 Voting Leave.. . . ... .... ..... .... ... .. '" . . . . .. . .. ... ... . .. . .. . .. ... . ... . . .. 38
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. Policy 19.8 Sj~k Leave :'................................................................. 38
Policy 19.9 Bone Marrow Donation Absence ........................................ 39
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Policy 19.10 Military Reserves or National Guard Leave of Absence' . . . .. .. . .. . .. 39
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Chapter 20 - unpkid Leaves of Absence
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Policy 20.1 Medical Leave Policy ..................................................... 41
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Policy 20.2 P~renta1 Leave Policy..... ..... ... .... ..... ... .................. .., ....... 42
Policy 20.3 Unpaid School Conferences and Activities Leave. . '" . .. '" .. . ...... 42
Policy 2004 SiÞk Child Leave of Absence .... ..., ........ ............................ 42
Policy 20.5 Returning ITom a Leave of Absence.................................... 42
Policy 20.6 In~urance Premium Payment During Leaves of Absence ............ 43
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Chapter 21 - Insurance Coverage
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Policy 21.1 I
Gr~up Insurance ........................................................... 44
Policy 21.2 Disability Insurance........ ... ... ..... .... ..... ... ... .... ...... ......;... 44
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Policy 21.3 He~lth / Dental Insurance .. ......... ........... ......... ...... .... ....... 45
Policy 21.4 Life Insurance .......................;.........;............................ 45
Policy 21.5 Tewination of Insurance .............,................................... 45
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Chapter 22 - Gove~ment Required Coverage
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Policy 22.1 Whi:tt is Worker's Compensation ........................................ 46
. Policy 22.2 Re-:ßmployment Benefits. ...... . ..... ...... ... ... . .. . '" .. '" . . . . ., . ... .. 46
Policy 22.3 Social Security............................................................. 46
Policy 22.4 Othçr Benefits .............................................................. 46
Chapter 23 - Retirement
Policy 23.1 Reti~ement Policy,.... ............. ........... ........................ ...... 47
Policy 23.2 Tax ?eferred Annuity ..............................................>....... 47
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Chapter 24 - Miscellaneous
Policy 24.1 Tuitibn Reimbursement Policy.... ... '" ............... ......,... ........ 48
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Policy 24.2 Seniority . ~ . . . .. . . . . .. . . , . ... . . . .. . . . . " ... ... .... . . . ... .. ... . .. ~.. . .. . .. . ... 49
Policy 24.3 I 49
Dress, Code / Pers~nnel Appearance ....................................
Policy 24.4 Fire Drills ................................................................... 50
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olicy 24.5 First Aid.. . . . .. ... . . . .. . ... .... .. ... ..... . .... .. . .. ... . .. .... .. . .. ... . .. . . . . . 50
I olicy 24.6 W ork\Area .................................................................. 50
fOliCY 24.7 Perso:rial Phone Call & Mail .............................................. 50
olicy 24.8 Electrbnic Mail ("E-Mail") ..........~......................;............. 50
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~OliCY 24.9 Salary¡ Negotiations. . .. ... .. . . " . ... ... .. . .. . ... . . . ... " ... . ... .. .., ....... 51
olicy24.10 Exit Interviews.. .. . .. . .. . .. . .. . .. ..... . . .. . .. . .. . .. . ... .. . .. ... . ... .. . ... .. 51
" olicy 24.11 Griev~nce Policy. . .. . . . . . . . . . . '.. . .. . .. . .. . ... .. ... ~ ... .. . . .. . . . ... .. . ...... 52
olicy 24.12 Layoffs ..........................................;........................... 52
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Appendix A - Forms
Manual Acknowledgement. . .. ... .... .. . .. .. . . .. . . . ... . .. . .. . .. . . . . .. . .. 53
Drug and Alcohol Testing Consent Form ... ............... .............. 54
Notification of Negative Alcohol and/or Drug Test Results ........ 55
Notification of Positive Alcohol and/or Drug Test; Results and 56
Request for Retest .....................................................
Request for Tuition Reimbursement 58
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The City of St,Joseph
Information about the City Council/Mayor, etc.
*: Incorporated January 1890
* Statutory Class A City
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*' Operates under a Council of four representatives and a Mayor
* Meeting Dates are 1st and 3rd Thursday of each month at 7:00 p.m. in the City Hall.
There is a Planning Advisory Commission; Park Board; Personnel Committee, Economic
Development Authority and Police Hiring Board
* Volunteer Fire Department and Rescue Squad
* Police Department with reservists .
* St. Joseph is a STAR CITY.
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Ci Y of St, Joseph \
o ganizational Chart!
. ~t tutOryCitY'-J.'lanN¡
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Pi" Advi,o Planning. i Park Board Inve~bnent: i Ie?,! I Cable..
Board CommIssIon ,\. AdvISOrv ':' COlmmSSlOr1
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Health :
Advisorv ¡ Consultants: Engineer,
A sessor : Attorney, BId Official,
Police : Rental Housing
Commissioner ¡ Inspector
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EDA Board
I (Policy and
clerk! Administrator Procedure)
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Public Works Wastewater Fire
Police Chief Director Operator Chief
EDA Director
(Day to Day
, . . Operations)
Sergeant Maintenance ,Mamtenance AssIstant
Parks ,Streets Fire Chief
Patrol Fire
Officer Fighters
Deputy Clerk Administrative
Finance Officer Assistant
Reserve Note: The dotted lines indicate an Advisory Board; the solid
Officers lines indicate an appointmentfor administrative purposes.
The circles indicate elected offices and the rectangles
(squares) indicate appointive offices,
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SECTION 10: GENERAL PROVISIONS
Section 10.1 St, Joseph Personnel Policy Manual
This manual is provided for informational purposes only. It has been designated to familiarize you with
the City of St. Joseph and to answer many of your questions. The policies, practices and procedures
described in this handbook are not intended to create, nor should they be interpreted to create, a contract
or an offer of a contract between the City of 81. Joseph and any of its employees.
The City of 81. Joseph reserves the right to suspend, change, or discontinue any provisions inthe
handbook or to add new provisions at any time without prior notice.
The City of 81. Joseph's interpretation of its policies and procedures is final. The City of 81. Joseph can
deviate from the Manual at any time with or without notice to the employees. This Manual is not
necessarily all inclusive because circumstances that the City of 81. Joseph does not anticipate may arise.
Unanticipated circumstances may warrant actions or conduct not stated in the handbook.
iWetake this opportunity to reaffirmthatthe City of St.Joseph and its employees have an employment-, .
.at-will relationship. This means that your employment with the City of 81. Joseph is voluntarily entered
into and you are free to resign at any time. It also means that the City of 81. Joseph is free to' end the
employment relationship at any time for any reason, with or without cause. Nothing in this handbook îs
. intended to alter that relationship. The only way that relationship can be altered is through a written
document signed by both parties.
lfthe handbook does not answer all of your questions,'please ask your· Supervisor, the Department Head
or the Clerk/Administrator. You may also want to review certain portions of the manual with your
supervIsor.
This version of the Employee Handbook (1999) supersedes and revokes any and all prior versions of
employee handbooks, This will be the version that the City of 81. Joseph will follow and distribute to all
employees. Please destroy all previous versions that you may have to avoid any discrepancies between
the new version and any older version.
Section 10,2 Applicability to St, Joseph Police Officers
It is the intent of the City of 81. Joseph that this Personnel Policy Manual apply to all City. employees,
including police officers. To the extend that any policies in this manual conflict with the Collective
Bargaining Agreement (CBA) which determines the terms and conditions of the police officers'
employment, the CBA shall govern.
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. Section 10.3 ¡WhatYouCan Expect From the City of St. Joseph
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The Çity of St. Joseph's ~stablished employee relations policy is to:
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1. Operate an ebonomically successful business so that a consistent level of steady work is
available.
2. Select people on the ,basis of skill, training, ability, attitude, and character without discrimination
with regardt6 age, sex, color, race, creed, national origin, religion, sexual orientation, marital
status, politic¡al belief, or disability that does not prohibit perfonnance of essential job functions.
3. Pay all emplc,yeesaccording to their effort and contribution to the success of our City.
4. Review wageb, employee benefits and working conditions annual1y, with the objective of
providing bertefits in these areas that are consistent with sound business practices.
5. Provide infolation to employees regarding benefits.
6. Dedicate ours~lves to continuous Quality Service to our residents and visitors.
7. Develop comnetent people who understand and meet our objectives, and who accept with open
. minds the ideas, suggestions and constructive criticisms of fellow employees.
8. Assure empl01ees that after talking with their supervisor, there is an opportunity to discuss
problems withl the Personnel Committee or City Council.
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9. Make prompt ~nd fair adjustment of any complaints which may arise in the everyday conductof
our business, t? the extent that is practicable.
10. Respect indivi9ual rights, and treat all employees with courtesy and consideration.
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11. Maintain mutu~l respect in our working relationship.
12. Promote employees on the basis of their ability and merit.
Sect i n 10.4 Whatthe City of St. Joseph Expects From An Employee
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An e ployee's first respons~bility is to.know the job duties and how to do them safely, promptly, correctly
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secoldlY, an employee is expected to cooperate with management and fellow employees and maintain a
good earn attitude. How an, employee interacts with fellow employees and those whom the City serves, and
how direction is accepted, can affect the success of each department. . In turn, the perfonnance of one
deparilinent can impact the eþtire service offered by the City. Consequently, whatever position an employee
. is in, if .i~ considered .an imp?rtant assignm~nt. Every task should be perfonn~d in a safe manner, to the very
besta 1hty ofthe employee.¡ The results wIll be betterperfonnance for the CIty overall, and personal
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satisfaction for each employee. .
We strongly believe an employee should have the right to make their own choices in matters that concern
and control their life. We believe in directaç:cess to management. We are dedicated to making the City of
St. Joseph a place where an employee can approach their supervisor or City Council, to discuss any problem
or question. We encourage each employee to voice their opinions and contribute suggestions.
Each employee can help create the healthy, pleasant and safe working conditions that the City promotes. An
employee's dignity and that of fellow employees, as well as that of our residents and visitors, is important.
The City of St. Joseph needs each employee's help in continuing to make each working day enjoyable and
rewarding.
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SCTION 11 PERSONNEL ADMINISTRATION
tOe Ç1ly of St. Josep4ar9 dIT",ted tothe çto/ Çoundl, subjectto deleg~tion, Questions regarding insurance,
wa es, and interpretation¡ of policies may be directed to the City Clerk/Administrator.
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Se tion 11.1Employ~e Personnel File
Ke~ing an employee pJsonnel file up-to'date can be important to each employee with regard to pay,
ded ctions, benefits and qther matters. If an employee has a change in any of the following items, be sure to
nof1fy the City Clerk/Adn?inistrator, as soon as possible:
1. LegalName
2 ¡ Home \Address
3. Home [Telephone Number
4. Person!, to call in case of emergency
5.· Numbêr of dependents
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· 6. Marital Status
7. Change of beneficiary
8. Driving.record or status of driver's license -- for employees that operate any City
VehicleS
9. MilitarY or draft status
10. Exemp,ions onW-4 tax form
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Cov9rage or benefits that ap employee and employee's family may receive under the City of St. Joseph's
beneredPaCkage could bel negatively affected if the information in a personnel file is incorrect.
Sinc~ the City of St. Josepl1 refers to personnel files when we need to make decisions in connection with
promrons, !ransfe", layol;'fs and recalls, it's to the employee's benetit to be sure tbeir personnel file
inclu es: information aboJt completion of educational or training courses, outside civic activities, and areas
ofint rest and skills tbat m~y not be part of their current position.
""e{PIoyee may see mfoLation which ts kept in thetr own personnel fik T!¡ey may request andreceíve
copie . of all documents tha~ have been signed by the employee. Please ask the department supervisor to
make arrangements with the City Clerk/Administrator for this purpose.
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SECTION 12 EMPLOYMENT CLASSIFICATION
At the time each employee is hired, they are classified as either full-time, part time or temporary and are also
told whether they qualify for overtime pay. Unless otherwise specified, the benefits described in this
Manual apply only to full-time employees. All other policies described in this Manual and communicated by
the City of St. Joseph apply to all employees, with the exception of certain wage, and salary time off
limitations apply only to "non-exempt" (see the definition that follows) employees. If an employee is unsure
of which job classification their position fits into, they should ask their supervisor or check with the City
Clerk! Administrator.
All employees are classified as either "exempt" or "non-exempt". This is necessary because, by law,
employees in certain types of jobs are entitled to ,overtime pay for hours worked in excess of forty hours (40)
hours per work week, in accordance with the Fair Labor Standards Act (FLSA).
Section 12,1 Regular Employees
An employee who has been employed with the City of St. Joseph for six months and who is scheduled and
was hired for forty (40) hours per week is considered a regular employee. .
If an employee was a regular employee and was laid off, they will be considered a regular employee upon
return to work, provided that they, were not on layoff for longer than one (1)
year.
If an employee was a regular employee and was on an approved leave of absence, upon return they will be
considered a regular employee, provided they return to work as agreed in the
provisions of their leave.
Section 12.2 Part-Time Employees
An employee who is scheduled and hired forIess than an average forty (40) hour workweek is considered a
part-time employee. A part-time employee is eligible for certain benefits as described in the Manual.
Section 12,3 Temporary Employees
Fromtime to time, the City of St. Joseph may hire employees for specific periods of time or for the
completion of a specific project. An employee hired under these conditions will be
considered a temporary employee. The job assignment, work schedule and duration of the position will be
determined on an individual basis.
Normally, a temporary position will not exceed six (6) months in duration, unless specifically extended by a
written agreement. Summer employees are considered temporary employees. .
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A t mporary employee is !not eligible for benefits described in this Manual, except as granted on occasion, or
to the extent required by *ovision of state and federal laws. Those temporary employees classified as "non-
exerptll (see.the definitiop that follows) who work more than forty (40) hours during any work week will
reClve overbme pay. I
12, Non-Exempt (Ovlrtime-eligible) Employees .
All ' vertime-eligible employees will be compensated at the rate of time and one-halffor all hours worked
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ove 40 in one week. Job related injury, will be counted as hours worked for the purpose of computing
eligi ility for overtime pay only if the employee was directed to seek medical attention or to wait for medical
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atte tion. Absences for holidays, vacations, jury duty, funerallbereavement, and sick or medical leave will
not ! e counted as hours w6rked. Compensation will take the form of either time and one-half payor
com ensatory time.Com~ensatory time is paid time off at the rate of one and one-half hours off for each
hour of overtime worked. I
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12.5 Exempt (non-overtime-eligible) Employees
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ExeIfPt employees are exp~cted to work whatever hours are necessary in order to meet the performance
expeftations outlined by their supervisors. Qenerally, to meet these expectations, and for reasons of public
acc0t.ntancy, an exempt enÌployee will need to work 40 or more hours per week. Exempt employees do not
recei e extra pay for the. hoUrs worked over 40 in one week.
. Exe~Pt employees are exeJutive, administrative mauages, supervisors, professional staff, technical staff,
direc~ors, and others whose:duties and responsibilities allow them to be "exempt" from overtime pay
provifions as provided by the Federal Fair Labor Standards Act (FLSA) and any applicable state laws. If an
empl . yee is an exempt emp,loyee, they will be advised that they are in this classification at the time they are
hired, transferred, promoted, or fall under the criteria of exempt employee.
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SECTION 13 EMPLOYMENT PRACTICES
Carefully read this Manual. The following information is designed to answer many of your questions about
the practices and policies of the City of S1. Joseph:
Section 13.1 Anniversary Date
The first day of work is an employeti's "official" anniversary date. The anniversary date is used to compute
various conditions and benefits described in this Manual.
. Section 13.2 Aptitude & Ability Tests
Job-related tests may given to help determine a person's aptitude or ability to perform a specific job. Such
test may be given to candidates for job changes and promotions, as well as to new applicants. Testresults
are confidential.
Section 13.3 At Will Employment ·
All employment and compensation with the City of St Joseph is "at will" in that they can be terminated with
or without cause, and with or without notice, at any time, at the option of either the City of S1. Joseph or
employee, except as otherwise provided by law.
Section 13.4 Business Hours
The City Office is open from 8:00 a.m. to 5 p.m. Monday through Friday.
An employee's particular hours of work and the scheduling of their lunch period will be determined and
assigned by their supervisor or department head, subject to approval of the City Council. Most employees I
are assigned to work a forty (40) hour work week. Each employee is required to take a (minimum) one half
hour_unpaid lunch period daily. You may not "work throu~h lunch" in order to arrive late or to leave I
early or to workextra time.
Section 13,5 Confidential Information
Our residents and persons that we do business with, entrust the City of 81. Joseph with importantinformation
relating to their business. The nature of this relationship requires maintenance of confidentiality.
An employee's employment with the City of St Joseph assumes an obligation to maintain confidentiality,
even after they leave our employment
Any violation of confidentiality seriously injures the City of StJoseph's reputation and effectiveness. ·
Therefore, do not discuss the City of St, Joseph business with anyone who does not work for us, and never
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ca ual remarks can b, e mis,interpretedandrepea.ted,s, 0 develop thepersonaldiscip1íne necessary to maintain
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co I fidentiality. lfthey he~r, see or become aware of anyone else breaking this trust, consider what they
mi htdo with informatidritheyget from an employee.
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If ~n employee is questiorted by someone outside the City about their department, they are not required to
anslwe, r, and that we do nM, encourage any employee to do so. Instead, as politely as possible, refer the
requ~est to the department: supervisor or the City Office.
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No one is permitted to re~ove or make copies of any City of St.Joseph records, reports or documents
wit out prior approval orHn accordance with po1ícy estab1íshed and as permitted by Data Practices Act.
Be9"u,e 9Utsseriousuess,!disc)osur~ of confidential infom¡ation will lead to disciplinary action up to; and
in,c1.U¡ ding, term ination . I,.!
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SeCjiOn 13.6 ResidentNisitor Relations
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The operations of the Ci~ ?f S1. Joseph depend upon the quality of the relationships between the City of St.
Jos'ìPh, ?ur employees, 0'\'1 resident" our visitors, our business associates, suppliers, as well as tbe gener~l
pub'ic. Our resident's and: visitor's impression of the City of S1. Joseph and their interest and wi11ingness to
worf with us is greatly foWed by the people who serve them. Regardless of an employee's position, they
are the City of St. Joseph '~!I ambassador. The more goodwi11 they promote, the more our residents and
visitbrs wi11 respect and aP1~reciate an employee, the City of St. Joseph, and the services that we have to
offelThere. are several th~~gs an employee can do to help give residents and visitors a good impression of
. the ity of S1. Joseph: Ii )
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1. Act competent~y and deal with every person in a courteous and respectful manner.
2. Communicate pleasantly and respectfully with other employees at all times.
3. Follow up on Jrdersandquestionspromptly,providebusinesslike replies to inquiries and
requests, andpbrform all duties in an orderly manher.
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4. Take pride in the work and enjoy doing the very best.
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Public Relations Questionnaire
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Thes are the building bloc~s for an employee and the City ofSt. Joseph's continued success.
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Secti n 13.7 Driver's qcense & Driving Record
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Empl yeeswhose work req\lÏres operation of a motor vehicle m1;1st present and maintain a va1íd driver's
license and ä driving, record \acceptable to our insurer. '. An employee wi11 be asked to submit a copy of their
drivin~ record to the City o~ S1. Joseph from time to time. . Any changes in their driving record must be
report d to the City Offices Immediately. Failure to do so may result in disciplinary action, up to and
includ·ngtermination. I
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Section 13.8 City Vehicles .
City vehicles are to be used for official City business only. If it is necessary for a City vehicle to be stored at
an employee's residence, it must be with prior written approval from
the City Council.
Section 13.9 Equal Employment Opportunity
The qty of 81. Joseph provides equal employment opportunity for everyone regardless of age, sex, color,
race, creed, national origin, religion, sexual orientation status with regard to public assistance, disability, or
membership on a local human rights commission. In addition, law regarding veterans' status are observed.
This is reflected in all the City of S1. Joseph practices and policies regarding hiring, training, promotions,
transfers, rates of pay, layoff, and other forms of compensation. All matters relating to employment are
based upon ability to perform the job, as well as dependability and reliability once hired.
NOTE: Throughout this Employee Manual, masculine/feminine pronouns such as he/she, his/her, or him
shall be constructed so as to include both sexes.
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EMPLOYMENT POLICIES
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Th City ofSt. Joseph ha~adopted a harassment policy to include: age, sex, color, race, creed, national
Ori~in, religious persuasidn,as listed under equal employment. The intent isto provide a work environment
tha is pleasant, healthful,! comfortable, and free from intimidation, hostility or other offenses which might
interfere with work perfo~ance. Harassment of any sort .- sexual, verbal, physical, mental or visual -- will
not be tolerated. i
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See ion 14,1 Whatis Harassment?
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Har ssment .can take many forms. It may be, but is not limited to: words, signs, jokes, pranks, intimidation,
phy ical contact, or violenbe. Harassment is not necessarily sexual in nature.
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Sexual harassment may include, butis not limited to: subtly pressure for sexual activity, unwelcome sexual
adv~nces, requests for sex~al favors, unsolicited verbal sexual comments, sexist remarks about a person's
body, patting, pinching, oriunnecessary touching, or physical assault or other verbal or physical contact ofa
sexu~l nature when such conduct creates an intimidating environment, prevents an individual from
. efftvelyperfonnmg theiduties of their positioµ, or when such eondue\ is made a 8ondition of emploY111"nt
or c mpensation, either implicitly or explicitly.
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sect~n t4.2 Responsibilityl Reporting
The' ity of St. Joseph employees are responsible for keeping our work environment free of harassment Any
employee who becomes a~are of an incident of harassment, whether by witnessing the incident, being a
victiX of harassment, or be~ngtoldofit, must report it to the immediate supervisor,Jftheyhavereason to
belIef the supemsor Mil f~lto respond ro the SItuation, as where the supervisor is the perpe~tor
haras ment should be reported to the City Councilor Council Member of the City ofS1. Joseph with whom
they eel comfortable. WhJn the City of S1. Joseph becomes aware that harassment might exist, it is
Oblïgred bylaw to take Pf1mpt and appropriate action, whether or not the victim wants the City to do so.
SeetiÒn 14.3 Investigatihn
APprfpoate investigation a~d action Mil be taken on all r<ported èasesc All r<ports will be promptly
inves~igated with due regaf(~ fOf the privacy of everyone involved. Any employee found to have harassed a
fello\\( employee or subordiI?-ate will be subject to disciplinary action or possible discharge. The City of 81.
Josep?will also take anyad~itional action necessary to appropriately correct the situation. The City of St
Jose~ will not retaliate against any employee who makes a good faith report of alleged harassment, even if
the eployee was in error. Any employee who retaliates against co-employee for reporting harassment shall
be su¡eet to disciplinary ae(ion.
The in,dividual who makes lweI come advances, threatens or in any way harasses another employee is
. perso ally liable for such actions and their consequences. The Cityof St.Joseph will not provide legal,
financ al or any other assistance to an individual accused of harassment if a legal complaint is filed.
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Section 14.4 Prohibited Harassment Policy
PURPOSE
It is the policy of the City of St.. Joseph that harassment on the basis of protected classificatîon (race,
creed, color, religion, sex, national origin, marital status, status with regard to public assistance, disability,
age, membership on a local human rights commission and sexual orientation), including sexual harassment,
is prohibited.
Such harassment violates the law, creates an offensive working environment, decreases productivity,
adversely affects, positive. working relationships, increases costs to the City of St. Joseph and tarnishes' the
image of the City and everybody associated with it.
POLICY
No employee of the City of St. Joseph may engage in verbal or physical conduct that denigrates or
shows hostility or aversion toward an individual because of that person's race, creed, color, religion,sec,
national origin, marital status, status with regard to public assistance, disability, age, membership on a local
'human rights commission or sexual. orientation, or that of the person's relatives, friends or associates, if the
. conduct:
1. has the purpose or effect of unreasonably interfering with the person's work performance; or .
2. otherwise affects that person's employment opportunities.
The following are examples of prohibited harassment. Please note that these are not the only examples. If
you have a question about whether conduct is permissible under this policy, you should discuss it with your
supervisor, Department Head or Clerk/Administrator.
1 Epithets, slurs or negative stereotypes;
2. Intimidating or hostile acts based upon protected classification;
3. Written or graphical material that denigrates or shows hostility or aversion to persons of a
protected classification and that is posted or circulated on the City of St. Joseph's property.
One form of prohibited harassment is sexual harassment. Sexual harassment is defined as;
1. Making unwelcome sexualådvances or requests for sexual favors or other verbal or physîcal
conduct of a sexual nature a condition of an employee's obtaining employment or continuing
employment; or
2. Making submission to or rejection of such conduct the basis for employment decisions
affecting an employee; or
3. Creating an intimidating"hostile or offensive working environment or otherwise .
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substantially interfering with an individual's employment by such conduct; or
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4. Retaliating against an employee for complaining. about such conduct.
The following are examples of sexual harassment. Please note that these are not the only examples.
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1. Unwelcbme sexual flirtations, propositions, andinvitatiöns to social events;
2. C>ffen+ phYSlc~1 contact or physical closene,,;
Use of'Y0rds of a sexual nature describing body parts or sexual acts, telling "suggestive"
jokes or 'stories, and conversations about sexual exploits or sexual desires.
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4. Displaying inthe workplace sexually suggestive objects, pictures, cartoons, or
representations of any action or subject which is sexual in nature and which can be perceived
as offensive;
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5. Sabotagi~g an employee's character, reputation, work effects, or property because of sex;
6. Direct and aU indirect suggestions that en employee's job sepurity, job assignment,
condition~ of employment, or opportunities for advancement depend in any way on the
granting òf sexual favors or relations.
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you Supervisor, their Department Head, or the Clerk/Administrator.
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The CityofSt. Joseph recognizes that consensual relationships sometimes exist between employees which
are, or have, the potential of becoming, sexual in nature. . The City of St. Joseph strongly discourages such
relat1ionships,particularly rhose between a supervisor and subordinate and those in which differences in age,
bacWground,or other characteristics of the two individuals compromise the ability ,of either one to make an
mft~d decjsion about PfCIParing m the relarionshlp.
COdPLAINTS RELATING TO PROHIBI1ED HARASSMENT
If anemployeefeels .that aLther elnployeebas harassedber 01 him, she or he shouIddírectlyinfonn th~
P=1 engagmg In such corduct tlmt. the harassment IS offensive, agalust the CI~of St... Joseph's pOiICY, and
must cease. Further, an employee who believes she or he has been subject to harassment prohibited by this
polic must report the inciqent immediately to their Supervisor, their Department Head, the
Cler~AdminiSlrator, or any 11lember ofth~ manage11lent team with whom sheiqefeels comfortable. The
comp ainingemployee willi¡be asked to put the facts surrounding the offensive conduct or communication in
writir1r AU empløyees mu~.t iJ,form mauagementaf (lilY suspected harassment. that they become aware of.
The ity of St. Joseph, guarantees that all incidents .or allegations of harassment will be taken seriously and
investigated thoroughly. \
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There fter, theinvestigatio~ may include intervièws with the employee making the charges, the accused
emplo ee, and appropriate \Vitnesses, depending up.on the individual circumstances of the matter. The City
of St. oseph has an obligati~m to provide an environment freeofharassment in a manner that does not
. abridg the rights of the acc~sed. In order for harassment to be addressed,. the cooperation of aU employees
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Determination of whether prohibited harassment occurred will be made on a case-by-case basis, depending
upon the circumstances of the matter, including the type of harassment alleged, the context in which the
alleged harassment occurred and any other facts deemed relevant.
The employee making the complaint will be advised of the disposition of the matter. Retaliation directed
to'wards anyone who makes a complaint or cooperates in an investigation will not be tolerated.
PENAL TIES FOR PROHIBITED HARASSMENT
 violation of this policy may be grounds for immediate discipline, up to and including discharge, or other
appropriate action. Sanctions, if any, will be determined on a case-by-case basis, after a review of relevant
information.
HOW TO GET MORE INFORMATION
Any questions regarding your obligations and those of others under this Policy should be directed to your
Supervisor, your Department head, or the Clerk/Administrator.
J4.5 Physical Examination
The City ofSt. Joseph reserves the right to require a physical examination for employees. A physical
examination for the purpose of determining a person's capability to perform available employment may be .
!requested.or required provided that (a) an offer of employment has been made on condition that shelhemeets
the physical or mental requirements of the job; (b) the examination tests only for essential job-related
¡abilities; and (c) theexaminationislimited to determining whether the person's conditio~would prevent
i performance of the job. The examination will be performed by a physician designated by the City of St.
! Joseph and at the City's expense.
Physical examitlations for existing City ofSt. Joseph employees may be conducted with the employee's
consent, to obtain additional medicalinformation for the purpose of assessing continuing ability to perform
the employee's job, to determine eligibility for health insurance, for purposes mandated by local, state, or
federal law, for purposes of assessing the need to reasonably accommodate an employee, or other legitimate
business reason.
The City ofSt. Joseph may require written medical approval to return to work after medical leave, injury,
extended illness, or hospitalization. In certain instances, a second opinion by a physician designated by the
City of St. Joseph at the City's expense may be required.
14.6 How An Employee Is Selected
Every appointment to municipal service shall be made by the appointing authority (City Council) on the
basis of merit and fitness for the position. We carefully select our employees
through written application, personalinterview and reference checks. After all available information is
carefully considered and evaluated, employees are selected to become a member of our team.
This careful selection process helps the City of 81. Joseph to find and employ people who are concemedwith ..
their own personal success and the success of the City ofS1. Joseph;people who want to do ajob well and
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. W 0 can carry ontheir{orkwith skill and ability; and people who are comfortable with the City ofSt.
J JePh and who can work well with our team.
Ufder MinnesÒt. SlaNe[415.I6, the. Citym.y not require å.person to be . resident of.thè City.s. condition
o~employment.lt may ~owever, impose areasonablearea or response time,' residency requirement, if there
is fl demonstratedjob-rel,atednecessity (such as police and fire firefighters and snow plow operators who
m!¡,stbeable to respond in a relativelyshort period of time).
14 7 Job DescriPtioJs
Th . City maintarr.sajob1descriPtiOn f.oreachposition in the Cil); "ist. Josepb.A!} elllpioyee will receive,
co~y and when their duti~sandresponsibilities are changed, their job description is updated. (Each year
du1ing the performance review, the employee shall review and sign their job description).
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14.8 Outsid" e Employ~ent
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at an employee does during their free time is their own business. However, if employment by the City of
S1. oseph is a full-time Pbsition, the, City of St. Joseph will expect that the position here is the employee's
pri ary employment. Ariy outside activity must not interfere with their ability to properly perform the job
dut es at the City of S1. Jdseph.
14. ProhibitionofU~eofthe City Attorney
. The City Attorney is calle~ on from time to time to represent the City in matters adverse to the interest or
em~loyees or officials of the City. , Under such circumstances, the City Attorney may have a conflict of
inte}, est i£there is .Iso an ¿""n, going atl0rIley/clientrelationship with the. employee or official.
(STPpendiX A) ! .
14;lr Proof oiU.S. Citlt'hiP And I Or Rightto Work
Federal regulations requin~ithat 1) before commencing employment, an applicants must complete and sign
F edei1talFonnJ._,.9,.,E.mplo.,ym..,ì,"", e nt Elig ib,l'.,lity, v, erific ation Form; and 2) a napPlicantS"Wh 0 are,hl'redneedto
pres nt documents ofidentîty and eligibility to work in, the U.S.
14.1 The City Needs ELplOyee Ideas
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The~ity believes the persoµ doing a job may be in the bestposition to think of ways of doing it more easily,
more effic, ie.ntly, and m, ore ~ffectively. .'If an employee thinks of a better way of doing a job, they can discuss
it wit their supervisor or department head, who wì11 welcome their suggestions and ideas.
TherJ IIUIY be are... in the ¿ity of Sf. Joseph's operation that could be imprOved. These could be in the areas
?f serice, methods, equi?~ent, communicati.ons, safety, ways to reduceco,sts, losses, and/or waste, or other
Impr3vements that there lSa need for. TheOty of S1. Joseph has a suggestlOn box that may be used for
sugge[tions,comments,etc.\ An employee may include their name or remain anonymous.
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14.12 · Limitation on Lawful Consumable: Products
. The eploy", shaUnoi disc~nunate agalnstan employee"r johapplicant for engaging in the enjoyment of
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any lawful consumable products if the use or enjoyment takes place off the premises of the employer during ·
non.,.working hours. Lawful consumable products shall include food, alcoholic or non-alcoholic beverages or
tobacco. ,This policy does not restrictthe employer from enacting reasonable rules regarding the use of
consumable products during business hours or while the employee is on the employer's premises.
14.13 Drug and Alcohol Policy
PURPOSE
The City of St. Joseph recognizes that alcohol alld drug abuse adversely affects job performance, the kind of
'-'{ork an employee performs, and an employee's opportunities for successful employment.It.is the intent of
t~is document to provide employees with the City of St. Joseph's policyregarding the use of drugs and
alcohol while at work. The City does not intend.to intrude into the private lives of its. employees, but
strongly believes that a drug free workplace is in the best interest of employees andnon-employees alike.
SCOPE
This policy applies to all applicants for employment and to all employees including contract or temporary
employees. The policy is applicable at City of St. Joseph facilities or whenever City employees are
performing City business.
DISCLAIMER
Employment at the City of St. Joseph is at-will. This policy is not a unilateral employment contract and ·
should not be interpreted as creating a unilateral employment contract.
DEFINITIONS
A. Work Related Alcohol and Other Drug Abuse is defined.as the use of mood-altering
drugs, including all forms of alcohol, narcotics, depressants, stimulants, hallucinogens,
marijuana, or the use of prescription drugs when resulting behavior or appearance adversely
affects work performance,
B. Adversely Affect Work Performance and Under the Influence shall be determined tobe
present if the employee is perceptively impaired, has impaired alertness, coordination,
reactions, responses, or efforts;ífthe employee's coordination threatens the safety of
him/herself or others; or if the employee's condition or behavior presents the appearance of
unprofessional or irresponsible conduct detrimental tot he public's perception of the city as
an employer as determined by the supervisor or manager or other observing the employee.
C. Controlled Substance means those substances whose distribution is controlled byregulation
or statute, including but not limited to narcotics, depressants, stimulants, hallucinogens, and
cannabis.
D. Mood;.Altering or Alter means changed behavior which may limit anemployee's ability to
safely and efficiently perform his/her job duties or poses a threat to the safety of the
employee or others. ·
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. N N DISCRIMINATION I
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Crstent "itlllts !">Iictprohlbjûng dJsC)'minaûon, theCÓmpany re,ognizes that disabled indlV1dUalslshuld
be protected from discrit}1inatory treatment. Under Minnesota law, a disabled person is someone who has a
m9dical or psychological, condition which materially impairs major life activities. However, in ac~ordance
Wir Minnesota law, disaþi1ity does not include any condition resulting from alcohol or other drug abuse
wh'ch prevents a person from performing essential functions of the job or which creates a direct threat to
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pryerty or the safety Ofrdividuals.
PR HIBITIONS \
A. No emplöyee shall report to work under the influence of alcohol, marijuana, controlled
substanc¿s or other drugs which affe~t hislher alertness, coordination, reaction, response,
judgemerlt, decision-making, or safety.
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B. No employee shall operate, use, or drive any equipment, machinery, or vehicle of the City
while under the influence of alcohol, marijuana, controlled substances or other mood-
altering dfugs. , Such employee is under an affirmative duty to immediately notify hislher
supervisot that he/she is not in an appropriate mental or physical condition to operate, use or
drive the <City of 8t. Joseph's equipment.
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C. No employee shall unlawfully manufacture, distribute, dispense, possess, transfer, or use a
. controlled\substance in the workplace or wherever the City's work is being performed.
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Do Engagingin off-duty sale, purchase, transfer, use or possession of illegal drugs or controlled
substanceS, may have a negative effect on an employee's ability to perform his/her work for
the City o~ S1. Joseph. In such circumstances, the employee is subject to discipline.
E. When an e~ployee is taking mediallyauthorizêd drugs or other substances which may alter
jobperforrpance, the employee is under an affirmative duty to notify the appropriate
supervisor ',ofhislher temporary inability to perform the job duties ofhislher position.
F. The City of S1. Joseph shall notify the appropriate law enforcement agency when it has
reasonable 'suspicion to believe that an employee may have i11egaldrugs in his/her
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possession at work or on company premises. When appropriate, the City shall also notify
licensing,bÒards.
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G. Employees lare discouraged from consuming alcoholic beverages during lunch periods,
dinner peri~ds, or breaks when returning immediately thereafter to perform work on behalf
of the City of S1. Joseph. In situations where the employee must continue conducting City
business aftbr the intake of alcohol any employee whose condition or behavior adversely
effects his;qer work performance shall be subject to possible discipline up to and including
discharge., The only exception to this policy is the responsible use of alcohol at official City
sponsored sbcial or business events atwhichalcoholic beverages are served.
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14.14 Alcohol and Drug Testing .
In order to carry out the City of St. Joseph's commitment to an alcohol and drug free workplace, the City
reserves the right to require that applicants and employees submit to testing in accordance with the
provisions of Minn. Stat. § 181.950 -181.957. This policy represents the notice required under Minnesota
Statute and will be provided to all applicants and employees who are requested to undergo testing.
WHO MAYBE SUBJECT TO TESTING
1. Job Applicants. The City of St. Joseph may require that all applicants who have received
conditional offers of employment for a particular position be tested. If the offer of
conditional employment is subsequently withdrawn, the City will notify the applicant of the
reason for withdrawal.
2. Routine Physical Examination Testing. The City ofSt. Joseph may require employees to
undergo a test once a year as part of a routine physical examination. Employees to be tested
will be notified at least two weeks in writing in advance of the examination.
3. Random Testing. The City of 8t. Joseph may require employees in safety-sensitive
positions to undergo testing on a random selection basis. Once.the random selection has
been made, the City will not waive the selection of any employees identified through the
random process.
4. Reasonable Suspicion Testing, The City of S1. Joseph may require an employee to be tested .
when the City reasonably suspects that the employee is:
a. under the influence of drugs or alcohol;
b. has violated the City's written work rules prohibiting drug and alcohol use;
c. has sustained or caused another employee to sustain personal injury; or
d. has caused a work related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident.
In order for "reasonable suspicion" to exist, there must be a basis for forming a belief that
testing is justified based on specific facts and rational inferences drawn from those facts.
5. Treatment Program Testing. The City of St. Joseph may require an employee to be tested
either when the employer has referred the employee for chemical dependency treatment or
evaluation or when the employee is participating in such a treatment program under an
employee benefit plan. The employee may be required to undergo testing without advance
notice during the evaluation or treatment period and for up to two years following the
completion of a treatment program.
CONDUCTING THE TESTING
1. Consent, All persons to be tested will be required to complete and sign the employee .
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consent fOrm attached as Appendix A. Each form must also be witnessed by a, designated
person within the City.
2. RejusaltoParticipate., An employee or job application has the right to refuse testing. .
Howevet, a refusal of testing will be treated as a failure to comply with City of Sf. Joseph
policy add may result in withdrawal of a job offer or disciplinary action up to and including
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term mati on 0 emp oyment.
3. TheLabbratory. The laboratory selected to perform testing must be certified by the
National:Institute on Drug Abuse (NIDA), the College of American Pathologists (CAP), or
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the New jY ork State Department of Health.
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4. Test Results
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a. Negative Test Results [passed test]. Individuals who test negative on an initial drug
or alcohol test will be given written notice of the test result within three days after
the Company is notified of the resulLLikewise, individuals who test negative on a
cbnfirmatory test taken after a positive initial test will be given written notice of the
t~stresu1t within three days after the Company is notified of the, result.
b. Positive Test Results [failed tests]. A confirmatory test will automatically be
p~rformed on all samples that result in a positive test result on an initial test.
Ir1dividuals who test positive on the confirmatory test will be notified in writing of
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tne test results and of the right to explain the result, including any over-the-counter
o~ prescription medications they have taken, within three days after the City of St.
. JO,seph has been notified of the result. Individuals who wish to provide explanatory
information regarding their positive confirmatory test results may do so using the
"Notification of Positive Alcohol and/or Drug Test Result and Request for Retest"
(see Appendix A) form within three working days after receiving notìce of the
pO,sitive test result.
Individuals who wish to have a retest of their confirmatory test must notify the
Cdmpany in writing of their intention to have a retest within five working days after
being notified of the confirmatory test result. ,Persons requesting a confirmatory
ret~stare required to complete and sign the attached Notification of Alcohol and/or
Drbg Test Result and Request for Retest form and are responsible for the cost of the
retest.
c. Ri~ht to Test Result. An employee orjob applicant has the right to request and
rec~ive from the City of St. Joseph a copy of the test result report on any drug or
alcohol test.
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All c stsrelated to alcohol and drug testing will be paid by the City of St. Joseph with the exception of
conti atory re-tests which(must be paid for by the employee or job applicant requesting the retest.
DISC PLINARY ACTION IN RESPONSE TO A POSITVE TEST RESULT
- 1. Interim DisbiPlinary Action: The City of St. Joseph reserves the right to transfer an
employee with a positive test to another position at the same rate of pay or to temporarily
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suspend the employee pending the outcome of the confirmatory test (and, if requested, the .
confirmatory re-test) if the City believes that it is reasonably necessary to do so to protect the
health and safety of the employee, co-employees or the public. An employee who is
suspended without pay will be reinstated with back pay if the confirmatory test or re-test is
negative. In the case of job applicants, a positive initial test result must be verified by.a
confirmatory test before a conditional offer of employment will be withdrawn.
2. First Failed Test - DischargelWithdrawal of Job Offer: The City of St. Joseph will not
discharge and employee if the employee tests positive on a confirmatory test and the positive
confirmatory test was the first such result. The City, however, discharge an employee for
whom a positive confirmatory test is the first such result where (1) the employee is given an
opportunity to participate in, at the employee's expense or pursuant to coverage under an
employee's benefit plan, a drug or alcohol counseling or rehabilitation program; and (2) the
employee has either refused to participate in the counseling or rehabilitation program or has
failed to successfully complete it. The type of counseling or rehabilitation program in which
an employee participates will be determined by the City after consultation with a ,certified
chemical use counselor or physician trained in the diagnosis and treatment of chemical
dependency.
The City of St. Joseph reserves the right to withdraw a conditional offer of employment from a job applicant
who tests positive on a confirmatory alcohol and/or drug test.
3. First Failed Test - Discipline: The City of St. Joseph reserves the right to take any other
disciplinary action short of discharge it deems warranted in the event an employee tests .
positive on his or her first confirmatory rest.
4. Second Failed Test: The City of St. Joseph reserves the right to discharge an employee who
tests positive on a confirmatory test and who has previously had a positive confirmatory test
result. This action may be taken without .first referring the employee to a chemical
dependency counseling or rehabilitation program.
PRIV ACY OF TEST RESULTS
1. Test results and other information acquired as a result of the testing program are private and
confidential information and will not be disclosed by the City of St. Joseph or the testing
laboratory to another employee or to third-party individuals, government agencies, or private
organizations without written consent of the employee or applicant being tested.
2. Evidence ofa positive test result on a confirmatory test, however, may by used in an
arbitration proceeding pursuant to a collective bargaining agreement, an administrative
hearing, or a judicial proceeding, provided the information is relevant to the hearing or
proceeding. Such evidence may also be disclosed to any federal agency or other unit of the
United States government as required under federal law, regulation, or order. Evidence of a
positive test result on a confirmatory test may also be disclosed to a substance abuse
treatment facility for the purpose of evaluation or treatment.
3. The City of St. Joseph will provide an employee with access to information in the .
employee's file relating to positive test result reports and other information acquired in the
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. testing ~rocess as well as conclusions drawn from or actions taken based uponsuch
information.
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Contril>niions{oprganiz~tiOnS
E ployeesshallnot be *equired to participate in any contributions or donations to charities or community
or anizations, including!¡contributions to the employer itself. The employer shall not engage in any reprisal
against the employee fo~ faílíng to contribute,. including but. not limited to intimidation, harassment, threat, or
ant penalty regardingcô!mpensation, terms, conditions, occasions or privileges of employment."
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14 16 Use of Polygraph Testing
The employer may noid~ectJy or indireciIY solìCit or reqwre a polygraph, voiCe "ress analysis or any o.ther
t es1,..to.testth ehon"es,ty 0,' ~"",a nem p 10yee,or prospective employe e.Bu,tthis does not prohl'bl't an em p 10 Y e e from
re uesting sucha,test if the request by the employee is totally voluntary. Where an employee requests a. ,
po ygraph test, the empldyer or agent administering the test shall inform the employee that taking the test is
voluntary. The results o~the test shall be disclosed to the employee. The City may not disclose the results of
the test or the fact that th~ employee has taken the test to any other person."
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14. 7 Non Discrimination Policy
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P OSE i
. It i the policyofthe citylof St. Joseph to recruit, hire and promote qualified employees without
' disdrimination regardless of race, religion, color, age, national origin, marital status, sexual orientation,
dis~bility, gender, membership on a local human rights commission, or statute with regard to public
assi~tance. To denyaneniployee's contribution to the City ofSt. Joseph because they are a member of a
min~on,'tygroup l'S an injus, t,ice, not OnlY, to the in diVidua,l but to the City 0' f'St. Joseph andth e co mmunityas
we!. It is the intent of the City of St. Joseph that equal employment opportunities will be provided with
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resp¡ect to hiring, compensi¡ation, promotion, and all other privileges and conditions of employment.
DUTIES OF PUBLIC EMPLOYEES
o ko P\'fson shall WillfullY or cOI)1Jptl~ make any false statemeots, certificate, mark, rating or report in
f! egard to any test, cert~fication, or appointment held or made under the personnel provision of this
harter or in any manner commit or attemptto commitany fraud preventing the impartial execution of
uch personnel provisÛ>ns or of the rules and regulations made thereunder.
o '10 officer 9i'emPIOY~ in classified seryice of (he City shåJI continue.Ì11 suchpositio¡j after becoming.
dandidate for nomination or election to any public office.
Q ~o person (s)seekingappointment to or promotion in the classified service of the City shall either
directly or îndirectlygiye render or pay any money, service or other valuable thing to any person for or
+ account of or in conhection with their test, appointment, proposed appointment, promotion or
proposed promotion. I
o '[0 person.shaIloraIly,þYletter, or. otherwise solicit or",bein any manner concerned in soliciting any
. ~sessment, subscripti0f or contribution for any political party or polìtical purpose whatever froQl any
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) person holding a position in the classified service of the City. .
o ' No person holding a positionin the classified service of the City,shallmakeany contribution to the
campaign fund of any political party or take any part in the management, affairs or political campaign of
any political party, further than in the exercise of the rights as a citizen to express an opinion and tó cast
a vote.
Any person who alone or with others willfully or corruptly violates any of the provisions of this section,shall
be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not less than $ 25.00
nor more than $ 100.00, or by imprisonment for a term not exceeding ninety days, or both such fine
imprisonment. Any person who is convicted under this section shall ,for a period of five years be ineligible
for appointmentto or employment in a position of the City Service, and shall, if an officer or employee or
etnployeeofthe City, immediately forfeit the office or position held.
14.18 Political Affiliation
The employer shall not discriminate or retaliate against an employee due to an employee's political
alfiliation, sponsorship or party designation. An employee may not be coerced into supporting any political
qandidate or issue. Any reprisal against an etnployee for these reasons shall be prohibited.
14.19 Restriction on Speech
An employee of the City will not be terminated for exercising his or her right to free speech. This right is not , .
universal; the City does reserve the right to restrict some speech of employees.
Speech that is a matter of public concern (which relates to political, social, or other community concerns) is
protected and may not be restricted by the employer. Butspeech1which may be disruptive to the conduct and
operations of the City is not protected. Matters which are only of a personal interest to the employer are not
'matters of public concern. " Matters concerning the managemenfor operations of the City, or statements
'interfering with work, involving personal relationships or an employee's job performance are not protected
i since they may detract from the employer's functions. Speech of this nature is prohibited.
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S CTION 15 STANDARDS OF CONDUCT '
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Jhenever peoPlegathe¡tOgether to achieve goals, some rules of conduct areneeded to help everyone work
to ether efficiently, eff~!ctiVe1Y, and harmoniously. Some people.haveproblems with "rules" and "authority
fi ures,"¡jind past experience may have justified these thoughts and feelings; however, in the City of 8t
Jo eph"we hold ourselv~s to a high ,standard of quality where the rules and authority figures simply assure
th ' t quality is maintained.
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,B ~ acc,epting e",PIOyme~, 'with ",. s,each employee has a responsibility to the City of 81. Joseph and to th,eir
fel~ow employees to adhere to certain rules of behavior and conduct. The purpose of these rules is not to
re~itrict their rights, but r~ther to be certain that they understand what conduct is expected and necessary, .
Wfuen each person is aware that he or she can fully depend upon fellow workers to follow the rules of,
COt· duct, then our, organitation will be a better place to work for everyone.
15. Unacc,eptable A~tivities
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Generally speaking, we ehee' each person '0 actin a mature ¡¡nd responslhle manner at a¡¡times However,
. to~IVOid any possible confusion, some of the more obvious unacceptable activities are noted below.
A v! id an ceo, f these a ctivit,ie s will be tot.he employee's benefit as well as the benefit of the City of 81. Joseph.
1ft ere are any questions: concerning any work or safety rule, or any of the unacceptable activities listed, the
dep rtment supervisor will offer an explanation.
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occ~ence of any of the JOlloWing violations, because of their seriousness, may result in immediate
dis issal without warning:
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a) Willful violatipn of any City rule; any deliberate action that is extreme in nature and is
obvio,usly detrimental to the City of 81. Joseph
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b) Willful violatiøn of security or safety rules or failure to observe safety rules or the City of 81.
Joseph safety practices; failure to wear required safety equipment; tampering with the City of St.
Joseph equiP1ent or safety equipment.
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c) Negligence or any careless action which endangers the life or safety of another person.
d) Being intoxicaiedor under the influence of controlled substance drugs while at work; use,
possession ors~le of controlled substance drugs in any quantity while on City premise, except
medication pre~cribedby a physician which does not impair work performance. (See Drug
Policy Addendum).
e) Unauthorized p~ssession of dangerous or illegal.fireanns, weapons or explosives on City
property or while on duty.
. t) Engaging incrimiì:ial conduct or acts of violence, or making threats of violence toward anyone
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on City premises or when representing the City of St. Joseph; fighting, or horseplay, or ·
provoking a fight on City property, or negligent damage of property.
g) Insubordination or refusing to obey instructions properly issued by a supervisor pertaining to
work; refusal to help out on a special assignment. .
h) Threatening, intimidating or coercing fellow employees on or off the premise -- at any time, for
any purpose.
i) Engaging in an act of sabotage; willfully or with gross negligence causing the destruction or
damage of City property, or the property of fellowemployees, customers, suppliers, or visitors in
any manner.
j) Theft of City property or the property of fellow employees; unauthorized possession or removal
of any City property, including documents, from the premises without prior permission from
management (Council); unauthorized use of the City equipment or property for personal reasons;
using City equipment for profit.
k) Dishonesty; willful falsification or misrepresentation on application for employment or other
work records; lying about sick leave; falsifying reason for a leave of absence or other data
requested by the City ofSt. Joseph; alteration of City records or other City documents.
1) Violating the non-disclosure agreement; giving confidential or proprietary information about the ·
City of St. Joseph; giving information to unauthorized City of St. Joseph employees; breach of
confidentiality of personnel information.
m) Malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and
lack of harmony; interfering with another employee on the job; willfully restrictingw()rk output
or encouraging others to do the same.
n) Immoral conduct or indecency on City property or while on duty.
0) Conducting unlicensed lottery or gambling on City premises.
! Occurrence of any of the following activities, as well as violations of any of the City of St. Joseph rules or
, policies, may be subject to disciplinary action, including possible immediate dismissal. This list is not all-
inclusive and, notwithstanding this list, all employees remain employed "at will."
p) Unsatisfactory or careless work; failure to meet quality standards as explained to an employee by
the supervisor/department head; mistakes due to carelessness or failure to get necessary
instructions.
q) Any act of harassment, sexual, racial or other; telling sexist or racial~type jokes; making racial or
ethnic slurs.
r) Leaving work before the end of a workday or not being ready to work at the start oLa workday
without approval of the supervisor; stopping work before time specified for such purposes. ·
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s) Sleepingon\thejob;Ioîtering or loafing during working hours.
t) Excessive u~eofCity telephones for personal calls.
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u) Leaving wo~k during work hours without the permission of the supervisor.
v) The use ofttibacco in restricted areas or at non-designated times1 as specified by department
rules. J,
w) Creating or dontributing to unsanitary conditions.
~) posting,r~mtng or altering notices on Officìal¡'ulletin board on City property without
permissionffpm City Council, Clerk Administrator or the Deputy Clerk of the City ofSt. Joseph.
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y) Failure to rep,ortexcessive absence or lateness to the City Council.
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z) Obscene or abusive language toward any supervisor, employee, resident or visitor; indifference
or rudeness tgwards a resident, visitor or fellow employee; any disorderly/antagonistic conduct
on City premIse.
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aa) Speeding or careless driving of Cityvehicles1 except police officers during performance of
assigned duti~s.
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bb) Failure to immediately report damage to, or an accident involving City equipment.
cc) Soliciting salelofgoods during working hours and/or in working areas; ,collecting funds of any
kind forcharitfes or others without authorization during business hours on City premises,
Authorized solicitations include: Boy Scouts, Girl Scouts, United Way, and Non-profit
organizåtions. i
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dd) Failure to mairitain a neat and clean appearance in terms of the standards established by the
supervisor; an~departurefrom accepted conventional modes of dress or personal grooming;
wearingimpro~er or u~safe clothing.
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ee) Eating food anror beverages in undesignated areas. (Employees working outside of an office
area, could/should in many cases, weather permitting1 stay at that site for coffee break and/or
lunch period.) \
ft) Failure to use al¡time record; ,alteration of employee's own time record or attendance document;
punching or altering another employee's time record, or causing someone to alter an employee's
time record.
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Empl ! yment with the City~f St. Joseph is at the mutual ,consent of the City and the employee, and either
party ay terminate that reh\tionshipat any time, with or without cause, and with or without prior advance
notice I
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Section 15.2 Dismissal .
Employment and compensation with the City of St. Joseph is"at will". An employee can be terminated with
or without cause, and with or without notice at any time, at the option of either the City of S1.' Joseph or the
employee, except as otherwise provided by law. In the case of a veteran, honorably discharged, the
procedure described in Minnesota Statutes 197.46, shall be followed. (Removal may be only for
incompetence or misconduct shown after a hearing on due notice).
Ifan employee's performance is unsatisfactory due to lack of ability, failure to abide by the City of St. Joseph
rules or failure to fulfill the requirements of their job, they will be notified of the problem. If satisfactory
change does not occur, an employee may be dismissed. Some incidents may result in immediate dismissal.
An employee who has been involuntarily terminated may request in writing within five working days
following termination the reason for termination. Within five working days of receipt of the request, the
employer shall inform the employee in writing of the truthful reason for termination. This communication
may not be used by the employee as a basis for an action of defamation against the employer.
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WAGE & SALARY POLICIES
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E ployees of the, City shall be compensated, according tot he schedule. est a blished, from time to time oy the
cr CounciL Any wagþor sa1ary so established, is the total remuneration for employme~t, bot shall npt be
c nsideredas reimburse.mentforofficial travel or other expenses which may be allowed for theconduct of
Ú ificialbusiness, unless ¡approved by Council. No employee shall receive pay from the City in addition to
; salary authorized fo~ the position to which he or she has been appointed,
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e City of St. Joseph hks developed policies to insure wages. and salaries comparable to those of other.
e ployees with similarj'obsJpositions at the City ofst. Joseph or comparablê sized Cities. Our wages aod
sar policy IS .desjgna~dto attract. m¡d retmn well bestqualified people available, 1l1ecompefi$ation of a
Ci position, is based ory its "comparative work value" (i.e. and the value of work measured by the skill,
efr.responSlbUity, m¡1 worbng .condltIons no=ally r~illred in the pcrfo=ance of the wnrk).
To cany out this policy, the City of St.Joseph wí11 periodically compare wage and salary policy with
co munity rates for all s~milar positions using appropriate published information rrom sources.
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1] City of 51. JOSe~h will carry m¡ employee directly on their paYrolL No person may be paid directly out
. of . etty cash or any other! such fund for work performed.
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16'J Call Back Pay:
0TonallY m¡ emPIOye~may be askeetto return to work afterthey have left the premISes for the day If
this occurs an employee will be paid at a minimum rate for two hours oflabor. Exempt employees working
gre terthan two (2) hourslwillaccrue comp time, for time after the initial two (2) hours.
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Computing Pay \
If a employee is a "salaried" employee whose pay is not based on an hourly rate, there may betimes when it
is ne~essary to compensat~ them for some daily or hourly pay. When this is necessary, the City of S1. Joseph
will ompute the time on the forty (40) hour work week.
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16.3 DeductíonsFroID¡Paycheck (Mandatory)
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The ity of St. Joseph is re4uired by law to make certain deductions from an employee's paycheck each time
one i prepared. Among these are federal, state and local income taxes and the employee's contribution to
Soci~l Security and Medicare as required by law; These, deductions will be itemized on the check stub. The
amount of the deductions may depend on earnings and on the information furnished onW-4 forms, regarding
the nJmber of dependents/exemptions you claim. Any change in name, address, telephone number, marital
status or number ofexemp~ons must be reported to the City. Offices immediately, to ensure proper credit for
tax poses. The W-2 form that is received each year, indicates precisely how much of the employee's
earni gs were deducted for these purposes.
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Any other mandatory deductions to be made from the paycheck, such as court-ordered attachments, will be ·
explained whenever the City of St. Joseph is ordered to make such deductions.
16.4 Error In Pay
Every effort is made to avoid errors in paychecks. If an employee believes an error has been made, they
should bring it to the attention of their supervisor immediately. The supervisor will take the necessary steps
toresearch the problem and to assure that any necessary correction is made properly and promptly.
16.5 Differential Pay
Differential pay will be applied to regularly scheduled work hours from 6:00 p.m. through 6:00 a.m. (Not to
include overtime hours) It is payable in multiples of one hour, scheduled between 6:00 p.m. and 6:00 a.m. of
the next day. 'The rate is .15 per hour as established by the City Council.
16.6 Overtime/Compensatory Time Policy
From time to time, it may be necessary for an employee to perform overtime work in order to complete ajob
on time. All overtime must be approved in advance by the supervisor / department head and/or City
Council. At the time of requesting approval, the department head will submit an explanation as to why the
overtime is needed. When it is necessary to work overtime, an employee is expected to cooperate as a
condition of employment. There are two types of overtime work:
a) Scheduled Overtime: Scheduled overtime work is announced in advance. This type of ·
overtime becomes part of the required workweek of the people who are members of the
department. If an employee must be excused from performing scheduled overtime, they
should speak with their supervisor. He or she will consider the individual situation and
the requirements of the department in deciding whether an employee may be excused
from performing the scheduled overtime.
b) Incidental Overtime: Incidental overtime isn't scheduled, it becomes necessary in
response to extenuating circumstances. It is extra time needed to complete work
normally completed during regular hours. Incidental overtime may become necessary
when an illness or emergency keeps co-workers from being at work as anticipated. It
may require an employee to return to the workplace for emergency work. Overtime is at
the discretion of the City for employees who are eligible.
Ifa "non-exempt" employee performs overtime work, they will be paid one and one-half (1-l/2) times their
regular hourly wage for any time over forty (40) hours per week that an employee works. If during that
week, they were away from the job because of a job-related injury, jury duty, scheduled vacation or paid
sick time, those hours not worked will be counted as hours worked for the purpose of computing eligibility
for overtime pay.
c) Emergency Overtime: .' Employees may be called for overtime work as a result in the
disruption of service to the residents of S1. Joseph. Services include, but are not limited
to Water, Sewer, Police, Fire & Streets. ·
d) Compensatory Hours Worked: Overtime work performed which is compensated for
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by time and one halftime off, in lieu of overtime payment. Employees may accumulate
up to 40 hours of unused çompensatory time before monetary overtime compensation
mu~tbe paid. At the end of each calendar year the employees shall be paid the \
accumulated compensatory time balance in its entirety. Payment shall be made with the
firstjpayroll of the following'year and will be paid at the rate it was earned. .
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16.7 Pay Period ,& Hours
o r Payroll workweek blginS on Friday at 12:01 a.m. and ends on Thursday at 12:00 midnight.
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16 8 Pay Cycle: I
FiscalPay Period-Bi-wèekly (26Payperiods per year). ' Payday is normally every other Wednesday for
stees performed forthf pay period endin$ the previous Thursday at 12:00 midnight
16.\, Paycheck Distril,µtion & Cashin$ !,!"ocedµres
All City employe~s are + thr~u$h automaticdópoSlt.
16'jO Reporting Time ray -- InclementWeather&. "Acts of God"
In de event that inclement weather, power/utility failure, fire, flood or some other "Act of God" keeps the
· Ci ,of St. Joseph from o~erating, an employee can use vacation days, accrued camp time for up to a
ma imum of two workdays, provided the City of 8t. Joseph officially declares that is non-operational for that
peri d of time. Every effdrt wí11 be made to provide each employee with advance notice in the event that
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City operations wí11 nottafe place.
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16.1 Resignation &Sererance Pay
The bity of St losephreqJests an employee to give at least two weeks notice in the event they h¡tend to
!eav± our employment. N1Y aoerned, hut unused vacation time will be paid at the time of employment
term nation, provided six n)onths of employmFt has elapsed. In additional any unused compensatory time,
unus d accrued holiday hoÙrs and one-half of the accumulated sick leave balance will be paid at the time of
termratiortunder the samd: conditions of accrued vacation
AnyrPIOyeeWlShing to Itave the municipaJ service in good standing,shall submit a letter of resignation to
their, upervisor/department head at least two, weeks prior to departing. Failure to comply with this procedure
¡nay i considered cause fOf denying any future employment withthc City and denying benefits.
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16.12 Time Records ¡
By lartheCity is obli$at.1to keep accurate records of the time worked by"non-exempt.. employees. This
is dO! with written documentation.
An e ploy.. timereCOrdiSitheOnlY waY the ¡JaYI:oll department knows how manY hours they hav.worked
· and h1W much the emploY«1 will be paid.
Ane ployee is responsihletor thei; own:time record. Noone may record hours worked on another
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employee's record. Tampering with another employees time record iS,cause for disciplinary action, .
including possible dismissal, of both employees. Do not alter another person's record, or influence anyone
elsb to alter an individuals record. In the event of an error in recording the time it should be reported to the
appropriate supervisor immediately. It shall be the responsibility of the supervisor to sign all time cards after
verifying accuracy.
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S CTION 17 PERFORMANCE & COMPENSATION REVIEWS
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17 1 perfOrmanCeR~VieWS
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A' upervisor is continuo~slý evaluating the employee's jobperformance. Day-to,.day interaction should give
an I1)ployee a senseofhbw their supervisor perceives their performance. .
Ho~ver, td ~vÓidhaPha~d or incomplete evaluations, the City ~f $tJoseph oonducts a fOmlal review
ony a year for e~ch em~~oyee., ,. ' .. .
P.er~or man., ce r,ev, lew,s Wllli:""be eond ue teda nnua, II yb y ,th,.e employees S.u,pervlS ortoeolnc,l',d,e w Ith the e,mployee
ann'versary date. Completed performance evaluation forms must be submitted to the Personnel Committee,
thi days prior to the eniployee's anniversary date. The City Council will review the performance
eva uations no later than the employee's anniversary date. New employees may be reviewed more
freq\ ently. A review maY¡ also be conducted in the event of a promotion or change in duties and
responsibilities. !
. pJ~g fo=[ perform""~e revie"", the supervisor will consider the following things, amongothen;:
· Attendance, iriitiativeand effort
· Quality and qJantity of work
· Attitude and willingness
· Knowledge of\~ork
· Conditionsunqer which the employee must work
The rimary reason for performance reviews is to identify the employee's strengths and weaknesses in order
to rei force their good habi~s and develop ways to improve in their weaker areas. . This review also serves to
make an employee aware of and to document how their job performance compares to the goals and interests
and f1f1ture goals. An, .empld"yeels supervisor is.interested in helping them to progress and grow in order to
ach~ere personal as:.~el1 as work-related goals -- perhaps he or she can recommend further training or
addltl~onaloPPortumtles. \
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In ad ition to individual joo, performance reviews, the City of St. Joseph periodically conducts a review of
j obdescriptJons to insure thàt we are fully aware of ""y ohanges in the duties ""d responsibiHties of each
positi n, and that such changes are recognized and adequately compensated, which may include upgrading or
down ading a position. i
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SECTION 18 WORK SCHEDULE
Section 18.1 Work Week
The normal work week consists.offive(5) days, eight(8) hours long, Monday through Friday. The normal
work yearshall consist of 2080 hours. The departments work schedules are prepared by the supervisor and
are subject toreview by the Council. A schedule. of daily work hours will be posted by the supervisor atleast
one week in advance of scheduled time to be worked. An employee will be notified whenever a change is
n,ecessary. Should an employee have any questions concerning the work schedule, please ask the supervisor.
Section 18.2 Absence Or Lateness
From time to time, it may be necessary for an employee to be absent from work. The City of St. Joseph is
aware that emergencies, illness, or pressing personal business that cannotbe scheduled outside employee
work hours may arise. Sick days and/or vacation days have been provided for this purpose.
If an employee is unable to report to work, or if they will arrive late, they should contact their supervisor
immediately. Give him or her as much time as possible to arrange for someone else to cover the position ·
,until the employee can arrive. If an employee knows in advance that they will need to be absent, they are
'required to request this time off directly from their supervisor.
'.When an employee calls in to inform the City of St. Joseph of an unexpected absence or late arrival, they
. should ask for their supervisor. If they are unavailable, leave a message with the City Office Staff. For late
: arrivals an. employee should indicate when they expect to' arrive for work.' Notifying a fellow-employee is
not sufficient. If an employee is unable to call in themselves because of an illness, emergency or for some
other reason, someone should call in on their behalf.
Absence from work for three (3) consecutive days without notifying the supervisoror the City Offices will
be considered a voluntary resignation.
Section 18.3 Attendance
Employees are expected to be at work and ready to work at the beginning of their assigned daily work hours.
They are expected to remain in their work area until the end of the assigned work hours, except for approved
breaks and lunch. When the work takes the employee away from the work area, the supervisor should know
where the employee is going and how long they expect to be gone.
Section 18,4 Breaks lRest Periods
An employee shill be granted two (2) fifteen (15) minute rest breaks each day. Rest breaks willbe
scheduled in mid-morning and mid-afternoon. Break/rest periods shall not be combined tö compensate for ·
late arrivals or early departures. The fifteen minute rest break will be taken at the work site, whenever
possible.
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1.5 Closure After Starting Time
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I severe weather conditions exist and the City Offices decide to close the City of 51. Joseph for the ,
h ving worked two (2) ßours, they will be paid for two (2) hours of work. If an employee is sent home after
h ving worked two (2) ßours, they will be paid for the time that they actually worked.
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If the supervisor asks ani employee to remain at work after the City of 51. Joseph has closed because of severe
w ather conditions, theY\Will be paid at time and one-half for the remaining hours that they work beyond the
an ounced closing time. .
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186 Closure Prior t6 Starting Time
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If n employee reports to; work and find that, due to severe weather conditions, the City of St. Joseph will
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un xpectedly be closed for business, they will be paid for one (1) hour of work for that day only.
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18'r Excessive Ab,erl:teei,m Or Latenes,
In jeneral. one (I) unapproved absence in a lBO-day period will be considered unacceptable, and the reasons
for he absences may corrie under question. Tardiness or unapproved early departure is as detrimental to the
City of S1. Joseph as an a~sence.Three (3) such incidents in a 180 day period will be considered a "poor
. woJk pattern" and will cafry the same weight as an absence. Other factors, like the degree oflateness, may
be donsidered. \
Exc[ssive absenteeism, laieness orleaving early may lead to disciplinary action, including possible
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18.8 Lunch Period ,
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If an employee works longbr than four (4) hours, they will be given an unpaid lunch period. The time when
lunc~ periods are sChedulet varies among departments, depending on the needs of each department.
An e ployee is expected to take their allotted time for lunch. They are requested not to perform any work
duri g their regularly schequled lunch period, unless specifically requested to doso by the supervisor. In
that vent, the lunch will be rescheduled.
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SECTION 19 THE BENEFITS PACKAGE
In)addition to receiving a salary and having an equal opportunity for professional development and
advancement, an employee is eligible to enjoy other benefits which will enhance their job satisfaction. We
arç certain that each employee will agree that the benefits program described in this Manual represents a very
large investment by the City of 8t. Joseph, and we trust that employees will avoid abusing any of the
program's benefits.
A good benefits program is a solid investment in the employees and City of 8t. Joseph. It not only insures
t1~e loyalty of long-time capable employees, however it also helps to attract talented newcomers. .' The City of
8t. Joseph will periodically review the benefits program and will.make modifications as appropriate to the
City's condition.
19.1 Eligibility For Benefits
Afull-time employee is eligible for all benefits described in this manual as soon as the eligibility
requirements for each particular benefit have been met.
Apart-time employee is eligible for only those benefits addressed to part-time employees or which are .
required by law to be afforded to each employee, provided that they meet the minimum requirements set
.forth by law and in the benefit plan (s).
'No benefits are available to an employee during their first six months of employment, except as provided by
law. At the end of the six month period, an employee is entitled to use accrued sick and/or vacation leave,
. which has accumulated since the first day of employment.
Temporary employees are not eligible for benefits.
19.2 Paid Leaves of Absence
Time off for any reason during a working day will be deducted from employee's sick or vacation days, as
appropriate. Once an employee has used all of their earned sick or vacation days, time off may be granted
without pay. All leaves of absence are granted on a case by case basis at the sole discretion of the Council.
19.3 Holidays
All employees in regular positions are eligible for holiday pay. The City Offices shallbec10sed for business
on each such holiday, but employees may be required to work on paid holidays when the nature of their
duties, or other conditions require it. Employees are not eligible to receive holiday pay during their first six
months of employment. Police Department employees are eligible for holiday pay from the beginning day
of employment.
Part-time employees are entitled toholiday pay, only iftheywould normally be scheduled to work on the day .
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jthe week designated ~s the holiday. They shall be paid only for the number of hours they would have
orked. Temporary employees do not receive holiday pay.
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Subd A. IRecognized Holidays
TIle foUowing holidays ~re recognized by the City of St. Joseph as paid holidays:
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i) I January 151
New Year's Day
, 3rd Monday in January
ii) Martin Luther King Day
I 3rd Monday in February
iii) President's Day
iv) Good Friday ~day and another ~ day floating
v) Memorial Day Last Mondayin May
vi) Independenbe Day July 4th
, 151 Monday in September
vii) Labor Day I
viii) Veteran's Day November 11
ix) ThanksgiviJg Day 4th Thursday in November
x) Day After Thanksgiving 4th Friday in November
xi) Christmas E~e (~day) December 24 (12:00 noon)
xii) Christmas Day December 25
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Subd B. Holiday Policies
. An mployee may take time off to observe their religious holiday. (Minn. Statute I5A.22) Vacation leave
ma 1 be used for this purp~se, otherwise the time off IS without pay, An employee must notify their
sup rvisor one day in advance.
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The fity schedules all national holidays on the day designated by common business practice.
An eP'Iployee required to 'York a holiday shaU be paid at a rate of one and one half (1 ~) time only after the
empJoyee has completed m" forty (40) hour work week as defined in section labeled Overtime/Compensatory
Timr°!iCY. Unless speci~1 consideration is given in detennining work schedules, each hOliday commences
at th . beginning of the first shift on the day on which the holiday Occurs and continues for twenty four hours
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Ane ployee is not eligible to receive holiday pay when they are on leave of absence.
19.4 Vacations
vacatrn is a time for an entployee to rest, relax, and pursue special interests. Full-time employees are
eligib e for paid vacation. An employee is not eligible to use paid vacation during their first six months of
e~pI1yme.nt. Vacation accrVes &om the first day of employment. Temporary employees are not eligible for
paId v catIOn. i
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Subd. A. Amount Of Vacation
Vacation shall be granted as follows:
i) 1 year of Employment 40 hours
ii) 2 - 5 years of Employment 80 hours
iii) 6 -10 years of Employment 120 hours
iv) 11 -20 years of Employment 160 hours
v) 21 - 25 years of Employment 8 hours for each year of employment
with a maximum of 40 additional hours
Subd.B. Vacation Policies
Every effort wi1l be made to grant an employee's vacation at the time requested. If any conflicts arise in
r~quests for vacation time, preference will be given to the employee with the most seniority.
An employee may not receive advance vacation pay (for vacation time taken inexcessofthe vacation
accrual balance).
Vacation time is based on anniversary date and shall be accrued each pay period and prorated based on the
schedule under the section labeled Amount of Vacation. I
'All vacation time may be taken in increments. If an employee is eligible for three (3) or four (4) weeks of ·
:vacation, they may take only two (2) weeks atone time unless written approval from the supervisor is
i received in advance.
r If an employee is on an approved leave of absence for less than thirty (30) days, their vacation eligibility will
not be affected; should the leave extend beyond thirty (30) days, vacation time will not continue to accrue.
; If a City paid holiday falls during a scheduled vacation period, an employee will not be charged a vacation
, day for that holiday.
Subd C. Accumulation Rights
No more than eighty hours of vacation time may be carried over and accumulated through an employee's
anniversary date. Any hours/days in excess of the allotted carry over, will be forfeited on theemploýee's
anniversary date.
Vacation time may be taken in increments of one or more. hours., The maximum that will be paid as a lump
sum, when an employee discontinues municipal service is their accumulated vacation.
19.5 Funeral (Bereavement) Leave
A full-time employee is granted up to three (3) days with pay to attend the funeral and take care of personal
matters related to the death of a member of their immediate family. (A parent, spouse, spouse's parent, child, ·
spouse's child by a former marriage, bother or sister.) One (1) day of paid funeral leave will be granted in
the case of the death ofa grandparent, spouse's grandparent or sibling, or any member of an ,extended family
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Ii ing in their home. \
~ith the s'upervisor's aJproval,an e1]1plôyee may take up to oue day ',Vjthoutpay to attend funerals of ~ther
re atives and friends. ' Vaçation time may be used for this purpose. .
P Y for a funeraIleaveiube made for ~Ch¡al time)ost from work.. If tbeqeath occurs .t a tin(, when work
is at scheduled, payme~t will not be made. .If a funeral leave is requested during an employee's vacation,
th, Y will not receive vadation pay in addition to a paid funeraUeave.
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excused absence for family death may not be retroactive, postponed or split.
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19 6 Jury and CourtlLeave
It 1 an employee's civic Ltyas a cItizen to reporÜor Jqryduiy :h~everCaUedJfill1emPIOyeeis caUed for
ju , duty, the City willpérmitthem to take the necessary time off and the City wishes to help an employee
aV~d any financial)oss !¥'cause of such.service. . The City of St;joso;ph wiU .r,imb=ean employed or the
dif erence between their j¡ury pay and their regular pay, not to exceed eight (8) hours per day, for a maximum
often (10) business days.¡
~~IJlPIoYee mUSthotify!theirSUPervísorldepaffiVeot beadwlJhjn f0rty-eight( 48} hours ?freceipt of the Jury
su mons. On any day or\half-day that the employee is not required to , serve, they will be expected to return
to 10rk. In order toreceiYe jury. duty pay, they must present a statement of jury servíceand pay to their
sup rvisor/department.!! This document is issued by the court.
. Cooct leafe is not avaiÍahlb if an employee is caUed as a wimess in a non-official capacity on behalf of a
priv\ te party. If an employee's presence, as a representative of the City of St. Joseph,js required in an
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offi ia.capacity, or on b~half of a private partin official capacity, they are only entitled to their
reg lar salary. i
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Voting Leave I
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Eve, employeewho is eligible to vote in an election may be absent from work for the purpose of voting
duri9g the morning of that election without penalty or deduction from salary or wages because of the
absence. For purpose ofthls policy, "election" means a regularly scheduled state primary or general election,
an el~ction to fill a vacancy¡ in the office of a United States Senator or State Representative or a presidential
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19.8 Sick Leave \
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To q alify for sick leave ani employee must be a full-time employee and be employed with the City for six
months. Time taken off before the first six months of employment will be without pay, Each employee will
accru~ sick leave at the rate !of eight h?urs per month. Sick leave must heaccrueq to be used. If an employee
must e absent from. w()rk bþcause of a personal illness, they will be eligible to receive their regular straight
time 1ay.EmPlOyeeS may accrue up toa maximum of ninety days. ,An employee may use their sick leave Ïrl
units. I f no less than one (1) 'hour at anyone time., An employee must notify the supervisor/department head
as soo as possible that they! will be absent from work due to illness; keep their supervisor infonned of their
. condit' on. lfthe absence isioT more than a three days induration, a medical certification must be submitted
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to the upervìsorldepartment, for any absence.
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Sick leave may be granted for the purposes of visiting doctors, dentists or other practitioners in their offices.
This time may also be used for tending to' a serious illness suffered by a member of an employee's immediate
family, in the event the illness requires their personal time and attention. For purposes ofthis section,
immediate family includes spouse, chìld, parent, or sibling living in their home. · If another person can attend
to the needs of an ill family member, the employee is expected to fulfill their duties as an employee of the
City of S1. Joseph.
The City of S1. Joseph may request "proof-of-illness" and may also use an appointed physician to examine'
the employee.
If an employee is required to take a disability leave of absence, any accrued sick leave may be paid at the
time the leave commences. Payment will be equal to one half of the accrued sick leave balance.
If an employee is on an approved leave of absence for less than thirty (30) days, an employee's sick leave
eligibility will not be affected; should the leave extend beyond thirty (30) calendar days, sick leave time will
not continue to accrue.
The sick leave policy applies to all full time .regular employees on the City of S1. Joseph's payroll. It also
does not apply if sick leave is needed as a result of self-inflicted injury, illegal substance abuse or alcohol
abuse, or illness or injury incurred while in the act of committing a felony. Sick leave is allowed for persons
entering a certified treatment program for drug or chemical abuse.
In the event of an illness or injury covered by workers' compensation, this sick leave policy will not apply, .
but will defer to the State Statute.
Sick days accumulate to a maximum of 720 hours. For each sick day accrued beyond the maximum allowed
days, one straight time shift will be paid, with individual checks quarterly.
Upon the termination of employment with,the City of S1. Joseph, an employee will be paid for a maximum of
720 hours of accumulated sick time at half time.
19.9 Bone Marrow Donation Absence
An employee, working an average of 20 hours or more per week, shall be entitled to a paid leave of absence
when undergoing a medical procedure to donate bone marrow. The combined length of the leaves of absence
to complete the procedures shall not exceed 40 work hours, unless the employer specifically agrees to a
greater leave. The employer may require verification by a physician of the purpose and length of each leave
requested by the employee to donate bone marrow.
19.10 Military Reserves or National Guard Leave of Absence
Employees, to whom Minn. Stat. 192.26 or 192.26l or D.S.C.A., Title 38, Section 2021 applies and who
serve in the U.S. military organizations or. state militia groups wi11 be given the necessary time off with pay
to fulfill. this obligation, and will retain all of their legal rights for continued employment under existing
laws. Employees who attend military training will be paid their regular salary for a period not to exceed .
fifteen (15) working days per calendar year. Employees that need more leave, may apply accrued and
unused earned vacation time to the leave if they wish; however, they are not obligated to do so, nor will such
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e ti e off be considered vacation pay.
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ilitary leave is charged as days, not hours of military leave used. Non work days within a period of ~ctive
d ty will be recorded as: military leave; Note: An employee is not authorized to split the time taken between
m'litary and vacation le~ve to circumvent a charge to military leave for the intervening weekend. .
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~ employee is expected to notify their supervisor as soon as they are notified of the dates that they will be
o duty so that arrange~ents can be made during this absence.
employee who returris from service in the Armed Forces of the United States of America, will be re-
e ployedin accordance !with whatever law or laws are in effect and which apply to each case.
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SECTION 20 UNPAID LEAVES OF ABSENCE
Occasionally, for medical, personal, or other reasons, any employee may need to be temporarily released
from the duties of their job with the City of St. Joseph, but may not wish to submit their resignation. Under
certain circumstances, an employee may be eligible for an unpaid leave of absence. An unpaid leave of
absence may be granted up to twelve months, subject to approval of the City Council.
An employee must apply in writing for an unpaid leave of absence, setting forth the reason for the leave, the
date on which they wish the leave to begin and the date on which they will return to active employment with
the City of8t. Joseph. Applications should be submitted to the City Council. The needs of the City ofSt.
Joseph will determine the number of employees allowed out on unpaid leave at anyone. time.
An employee must adhere to all the requirements set forth in the following sections. Failure to do so may
result in alterations of their employment status or termination of their employment with the City of 8t.
Joseph.
20.1 Medical Leave Policy
The City of 8t. Joseph may grant an unpaid leave of absence for illness or disability. To request a disability .
leave of absence from the supervisor/department head, an employee should submit, or have someone submit
for them, a statement of ill health or disability from their doctor. (Pregnancy is treated, for the purpose of
policy, the same as an illness or disability). An approved disability leave may be granted for up to ninety
(90) days. If necessary, an employee may request extensions in thirty (30) day increments for a maximum of
one (1) year. Whenever possible, an employee is required to give as much notice as possible of their pending
need for a disability leave of absence.
In the case of pregnancy, please inform supervisor/department head, as soon as possible of the date an
employee and their doctor anticipated that they will begin their leave. A job status will be protected to the
extent that the City will make every effort to allow an employee to return to their former work, or similar
work if available, for which they may be qualified.
At the time the disability leave begins, any accrued vacation or sick leave can be used. These benefits will
not continue to accrue during a leave of more than thirty (30) calendar days.
This policy applies to all employees.
Employees who develop an illness or physical condition which requires medical treatment or restrictions,and
precautions as to their health will be required to submit a physician's statement. This statement must give
approval that continued full-time employment in their present position will not jeopardize their health or the
safety of others, in the event they continue to work. A similar statement is required upon retumfrom a
disability leave.
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, Parental Leave Policy
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mployeesare eligible ',for up to SIX weeks unpaid leave in connection with the birth or adoption of a child.
he leave must begin~íthinsix weeks prior to birth or adoption or within the fol1owing six weeks. Unused
v cation and/or sick leaye may be applied to parental leave, with prior approval of the Council.
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Employee shall be apowed to take up to six weeks ofleave without pay upon the adoption of a child. The
p riod of time during which leave may be taken shall begin before or at the time of the child's placement in
tjh,. e,mpIoyee',Shome anal, shal, I be, fìor the" p Ill}'0se 0 f arr an, gin giO,r t.h e Ch,il,d'SPla cern, e ntore ar,ing fì or the
cUd after adovtion.\ '. .
, y employee who has been employed for at least six, consecutive months and working an average number
O,f,·\i.hOU, rs per week eqUa,l~, 0 on, e, -half of a full time equivalen,t Pos,ition, in the e" mployee's job classification may
re~uest parenting leave. '¡The request for parenting leave may not exceed six weeks and would be unpaid. It
w uld be granted in conjµnction with the birth or adoption ofachild by the natural or adoptive parent.
Le ve must begin within \' six weeks after the birth or adoption. The child must be under the age 18 years or
un, er the age of 20 if the¡ child is still attending secondary school. During the period of leave, the employer
sh 11 continue to make, insurance coverage available to the employee under the City's group insurance policy
for the employee and any! dependents. The employee shall pay the cost of insurance or health care while on
the leave of absence. .
Unpaid School qonferences and Activities Leave
. Em loyees shall be entitled to leave of up to 16 hours during any 12 month period for the purpose of
atte ding school conferentes or classroom activities related to the employee's child, provided the
con erences or classroom ~ctivities cannot be scheduled during non-working hours. The employee shall
pro ¡ide reasonable prior nptice of the leave and make a reasonable effort to schedule the leave so as not to
undyly disruptthe operati,?ns of the employer. The leave shall be without pay, but the employee may
subs\titute any accrued pai4.vacation leave or other paid leave for any part of the leave requested for.the
attertdance of the school c,?nference or school activity.
20.4 SickChiId Leave l4.bsence
An e vlo~ee ma~ use his 4r her own )ersonal sick leave beném. for absences dne to !beillness or injury to
the e ployee's child for such reasonable periods as the employee's attendance with the child may be
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necesary. The use of the sick leave shall be on the same tenns as the employee is able to use sick leave
benelts for the employee's 1,0wniIlnesses or injuries. For purposes of this policy, sick leave benefits does not
include short tennor long t~nn disability or other salary continuation benefits.
20.5 Returning From Ai Leave of Absence
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An eIfployee returning fro~ a parenting leave of absence is entitled to return to employment in the
empl9yee's fonner position, lor position of comparable duties, number of hours and pay. If the leave of
absen~, e was more than one tn0nth, the employee must notify his supervisor at least two weeks prior to
return,
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If duri g the leave of absenc~, the employer experiences a lay-off and the employee would have lost the
. VOS1Q nhad fue emvlo~ee nQf been on leave, vursuant to a good faifu operntion of a bonafide la~off and
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recall system, the employee is not entitled to reinstatement in the former comparable position. In such a ·
case, the employee retains rights under the layoff and recall system as if no leave of absence had been taken.
An, employee returning from such leave of absence is entitled to return to employment at the same rate of pay
the employee had been receiving when the leave commenced, plus any automatic adjustments that occurred
duting the leave of absence. The employee is also entitled to retain all accrued benefits of employment and
seniority which existed before taking the leave.
An employee, with agreement of the employer, may return to part-timework during the leave period without
forfeiting the right to return to employment at the end of the leave.
20.6 Insurance Premium Payment During Leaves of Absence
Tþe City of 81. Joseph will continue to pay their share of insurance premiums for employee coverage and
d~pendent coverage for a maximum of six (6) months while an employee is on a disability leave of absence.
While an employee is on any other type of unpaid leave of absence from the City of 81. Joseph, an employee
will be responsible for paying the total premiums for their coverage and that of their dependents while on
leave. Failure to do so may result in loss of coverage and possible refusal by the, insurance carrier to allow
their coverage tO,be reinstated.
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ECTION 21 INSURANCE COVERAGE
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~1 Gr~~p Insnra~c.
Ie City of St.Josephi~ interested in the, health and well-being of both the employee and their family. A
c mprehenslvè h<?lth abdlife msurance prOgram IS ~varlable for each employee ~d theirfamìly. The Ci ty
P \ovides group insurande underwritten by a national insurance carrier. After completion of a thirty (30) day
WrtiP~PeriOdan empl6yee and their fa1!rily ~ eligiblo fore~verage.
T,e following benefits ~re provided, as defined and limited in the literature provided by the insurance
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0 Group Term\Life Insurance
0 Accidental Death and Dismemberment Insurance
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0 Major Medicial and Surgical Coverage
0 Medical Heahh Care Coverage
0 Dependents'fIealth Care Coverage
. 0 Dental Insurance
0 Long Term~isabilitylnsurance
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If a employee chooses i~surance coverage, the ,City's insurance company provides a booklet describing the
be~fits; a coPY of this will be giv,", to each employee wþen they join theprogra¡n.. Tbe City pays a pOr)ion
of t! e premium for insura~ce coverage, on the employee. The employee will also pay a portion of the
ins rance premiums for th,eir coverage and for coverage of their eligible dependents through payroll
dedrtion. Tbe portions paid by eacb parJyare determined by the City çouncrl and reviewed periodically.
In t .. '~ent of termina!iO~ of employment with the City ôfSt. Joseph or loss of eligibrlity to remail! cov<r.d
undr the City group healt~ insurance program, the employee and their eligible dependents may have the
righ to continued coveragçunder the City health insurance program for a limited period of time at their own
expe se. (This does notaffectthe conversion privilege as stated.in the insurance policy.), Consult the City
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Offi e for review of insur~ce coverage that may be available for a terminated employee as outlìned by
Pede alLaw. !
The ity shall not be liable '!,to an employee for the insurer's failure to pay a claim.
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Disability Insurance
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A reg¡ lar full-timeemploy~e of the City of S1. Joseph is protected through accumulated sick leave days for,
Short1nn . dISability. if they ~·tomllY. di~bledbecause of illness or aceld.nt that .IS not Job related. Long
term isability begins after 90 days and is defined in the literature provided by the insurance company.
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. Total ' is ability means that ap employee cannot perform any position that the City of 81. Joseph has available,
thata employee is qualifie9 for and normally able to perform. (Worker's Compensation benefits protect the
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employee if they are involved in a job-related sickness or accident.) .
The City shall not be liable to an employee for the insurer's failure to pay a claim.
21.3 Health I Dental Insurance
Today's many health Idental insurance plans and options can be confusing and complicated. That is why the
City of St. Joseph has taken the time to carefully review the coverage and plans available. Refer to the
literature provided by our insurance company for details on the health/dental coverage.
21.4 Life Insurance
A regular full-time employee of the City ofSt. Joseph is covered by .the City's Group Life Insurance. This
insurance is payable in the event of the employee's death from any cause, at any time or place, while they are
insured. Payment will be made in a lump-sum or in installments to the beneficiary, as designated by the
employee. An employee may change their beneficiary whenever they wish by submitting the appropriate
documents to the City Office. Refer to the literature provided by our insurance company for details on life
insurance coverage.
21.5 Termination of Insurance
Insurance coverage will terminate when the insurance policy terminates, because the employee has failed to
make an agreed contribution to premium when due; when an employee ceases to be eligible for coverage .
under the terms of the group insurance program, or when an employee ceases to be employed as a regular
full-time employee eligible for the insurance. The City of St. Joseph may, by continuing to pay the premium,
keep the insurance in effect for a brief period ifan employee ceases to be an eligible employee for any reason
other than resignation" dismissal, or failure to meet the terms of eligibility of the group insurance program.
Pursuant to COBRA, an employee has the right to continue insurance. Upon termination, information will be
provided to employee.
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, ECTION 22 GOVERNMENT REQUIRED COVERAGE
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12.¡.··Wh.tisWor~er's Compensation?
~nne'o,.,s no- fault J.orker's CompensatiortIaw Was passed byilie~,.te leg1s1atnr< m tbe 1930's to
g aranteeprompt, automatic benefits to workers injured on the job.
Tbday,ifanempIOyee ~I~unable to work because ofajob injury, the employee shall be entitled to the
b nefits availableunderi the Minnesota Worker's Compensation Act.
A 1 injuries, no matter h~W slight, must be reported immediately to theifsupervisor/department head, to
as ure considerationuncler Worker's Compensation Insurance, should complications develop later. The
su ervisor/department h~ad will see thatthe employee receives medical attention.
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¡'foyee, returning to tork afterbeirtg absent due to au mjurymust reNt! t? th"cir supeM,or/depaiàrtent
he, d prior to beginning work, and must bring a doctor's clearance for returning to work.
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. 22.2 Re-Employment Benefits
IfJnemPIOyeebeCOmeslnemPIOyed, they may be eligible for unemploymentcompensation, under certain
co~ditions, for a limited ~eriod of time. Unemployment compensation provide temporaryîncome for
WO~kers who have lo,t their jobs. To be eligible, au employee must have earned a ceJtairt amount ~nd be
wi! ing and able to work., '¡An employee should apply for benefits through their local State Jobs and Training
Of ce as soon as possible.
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22, Social Security < i
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The United States Governinent operates a system of contributory insurance know asSocialSecurity~ All
emp oyees, except the police officers are required by law to contribute to a set amount of their \vcckly wages
to the trust fund from whi~h benefits are paid. The City of St. Joseph, as the employer, is required to deduct
this åmount from each paycheck the employee receives,
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22.4 Other Benefits
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If th injury is very serious \-- one where an employee won't be able to work for a year or more-- the
empl, yee may be eligiblef~r additional benefits from Social Security, For information contact the nearest
offic of the SociaLSecurii)f Administration, or an employee can discuss their situation with the claims
repreentative of the City o{St. Joseph's Workers' Compensation Insurance Carrier.
Empl yees returning to work after being absent due to an injury must report to their supervisor/department
. head rior to beginning work, and must bring a doctor's clearance for returning to work.
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SECTION 23 RETIREMENT
23.1 Retirement Policy
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The City of S1. Joseph Employees' Retirement Policy (provided through PERA and lCMA) is to provide
eligible employees (who have completed sufficient service) with a monthly pension benefit upon retirement.
T~e policy includes provision for normal retirement at age sixty-five (65), and early retirement or disability
retirement benefits for employees meeting certain qualifications.
All employees, with the exception of the Police Department, shall have a mandatory retirement age of
seventy (70). Every enforcement officer, employed by the City, shall automatically be retired as determined
by the Retirement Plan.
All regular full-time employees and part-time employee who meet the minimum requirements as established
byPERA must participate in the Employees' Retirement Plan. Participation in the policy begins on the first
day of each month following an employee's hire date. If an employee is hired on the first day of a month,
t~eir participation in the policy begins on that day.
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The details regarding the City of S1. Joseph and employee contributions, vesting, administration,
investments, etc. are, provided in the separate literature for the Employees' Retirement policy, which is
available.
Çity Fire Fighters see City Ordinance 24, section 24.10 which addresses retirement age.
Statement Of Employee Retirement Income Security Act (ERISA)
,As a participant in the City of S1. Joseph Employees'.Retirement Plan, an employee is entitled to examine the
¡policy documents and the annual report and plan description filed with the U.S. Department of Labor. This
i inspection may be made during normal business hours.
23.2 Tax Deferred Annuity
Information on this method of saving pre-taxed dollars is available to employees from the City Office.
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ECTION 24 MISCELLANEOUS
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2 .1 Tuition Reimbursement J.>olicy
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T.e City encouragesits\employees to improve job performance in their present position and to prepare for
a vancementwith the City through self development. The City may share the cost of education which
di ectly relates to the petformance of the employee in the employee's present assignment or which prepares
the employee for.advan~ement with the City in the foreseeable future. The City may reimburse eligible
re ular full time employ~es upon presentation of their final grades.
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SubQ\ A. Eligibility
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In omerfor a c1aiFs to qualify for reimbursement, the following conditions must be met:
i) 'I'he coursework must be related to the employee's current position or, to a
~romotional opportunity within the City.
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. ii) The coursework must be taken from accredited institutions of higher learning
stch as accredited colleges, universities and vocational schools.
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iii) The employee must receive a passing grade of C, or equivalent to qualify .for
rdimbursement.
iii) Thecoursework must be approved by the DepartmentHead and
Clerk/Administrator. Recommendationswill be based on an evaluation of the
e~ployee's ability to maintain a satisfactory level of job performance. The City
CQUllcil.hasfinal approval authority for all requests.
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iv) Th~ City Council will determine. the percent of value the training has to the
erriployee based on a recommendation ITom the Department Head and City
Adp1inistrator. The expenses will be based on the same percentage.
v) Th~ employee must remain employed by the City for six months after the
completion of the course. lfthe employee does notmeetthis requirement, he or
shel,wi11 be required to reimburse the City for any payment made under this
poli,cy.
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Subd.B i
Benefit
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Employees will be rçimbursed for tuition related expenses not to exceed $1,OOO/year. Elìgible
. expenses inc1udetuihon, fees, andrequiredtextbooks for the coursework requested. All
expenses require appropriate documentation for reimbursement.
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If the workshop/training is scheduled after normal working hours, the employee will be ·
compensated at $10.00 per hour. If the training is scheduled during the normal work day, they
will be compensated at their regular rate of pay.
Subd.C Application / Reimbursement Process
Employees must complete the City of S1. Joseph application for Tuition reimbursement form
before registering for the courses (See Appendix A). The coursework must be approved by the
Department Head and Clerk/Administrator. To receive reimbursement, the employee must
submit the following:
i) A copy of a statement from the school which shows the courses taken and the
associated tuition and fees;
ii) A receipt for the books showing the titles and costs for each; ånd
iii) A copy of your final grade(s).
24.2 Seniority
Seniority does not accrue until an employee has been with the City of St. Joseph for six (6) moths. An
employee's seniority will reflect their length of employment beginning on the date on which they began ·
~ork.
Seniority does not accumulate during a period of suspension. Alongevity payment of $ 20 per year of
service is paid after December 1 st of each year.
24.3 Dress Code / Personal Appearance
. Employees are expected to dress and groom themselves in accordance with accepted social and business
i standards, particularly if their job involves dealing with residents or visitors in person. Each
· supervisor/department head is responsible for establishing areasonable dress code appropriate to the job
, performed.
A neat appearance contributes to the positive impression an employee makes on the residents and visitors of
our City. An employee is expected to be suitably attired and groomed during working hours or when
representing the City of St. Joseph. A clean appearance increases an employee's self-confidence and greatly
enhances the City's image.
Personal appearance should be matterofconcemJor each employee. If the supervisor feels an employee's
attire is out of place, they may be asked to leave their work area until properly attired. They will not be paid
for the time they are offthe job for this purpose. The supervisor/department headandlor City Council has
the authorization to determine an appropriate dress code, and anyone who violates this standard will be
subject to appropriate disciplinary action.
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. 4.4 Fire Drills Ii:
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e City schedules drill annually for employee safety. The supervisor/departmenthead can answer any
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uestions about what tö do.
lSFirst Aid i
Ffderallaw ("QSHA".A'1quires ¡hat wek~ep records of. all illness and ac.cidentswhich occur during the
wI~OrkdaY. The Minnesota, State ,Workers' Compensation Act also requires that an employee reports any
i1 ness or injury on the jpb,no matter how slight. If an employee hurts themselves or becomes ill, they'
s ould contact theirsup~rvisor for assistance. If an employee fails to report an injury, they may jeopardize
thfirright to collect workers' compensation payments as well as health benefits.' OSHA also provides for the
exyployeetheright to kdowabout any health hazards which might be present on the job.· Should an
e»¡1p10yee haveanyquesþons or concerns, they should contact the City Offices for more information. .The
Ci:ry has made an arrangement with St. Joseph Medical Clinic, to provide first aid in medical emergencies.
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246 Work Area i
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Nertness and good house,keeping are signs of efficiency. Anemployee is expected to keep their workarea
ne~t and orderly at all times -- it isa required safety precaution. They should always be aware of good health
and safety standards, inclµding fire and loss prevention. Report anything that needs repairing or replacing to
thelsupervisor/departmenr head immediately.
. 24~' i, Personal Phone falls & Mail
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Per onal phone calls shou1d be kept to a minimum .,- they must not interfere with the, work. An employee is
pe ¡tted to make limitedllocal area calls onCil)' telephones for essential personal business during lunch or
"bre¡ak" periods only. Do pot abuse this privilege. Emergency calls regarding illness or injury to family
me;hbers, changed family plans, or calls for similar reasons may be made at any time. Incoming urgent calls
Will be directed to the employee.
Dj use the City ofSt. JJSeph as a personalmailing address, atld. do not put pe~sonalmail in the stacks that
are t be run through the postage meter. Although the amount may seem small, it is still considered theft.
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24.8 Electronic Mail ('Œ-MAIL")
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A. yo RighttoPrjvacy':
Æny computer files or Jlectronic mail ("E-Mail") messages maintained, stored, received or transmitted
o~or from the CityofSt. Joseph's computer systems are and shall remain property of the City and are
S1bjectto being,:,onito\ed andlo,~ disclosed atany time by the City. EmpIO,yee,s oftheCityofSt. Joseph
hi ve no pnvacy mterest~ In e-maIl messages or passwords, are ,deemed to consent to the City's
mrnitoring anddisc10sufe of e-mail messages, and will make no claim against the City for monitoring e-
mrl, for disclosing e-mril, or for any other issues relative to the City's e-mail system.
B. Ge eral Restrictions on,Gonsent of E-Mail Messages
. The e-mail system h~s been installed by the City of S1. Joseph for use in the conduct of its business.
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The City recognizes, however, that employees may desire to use the e-mail system occasionally for .
personal purposes. The City will permit such occasional, personal use of the e-mail system, provided
that:
1. Such use does not result in additional costs to the City
2. Such use is not excessive or abused by employees; and
3. Employees understand (and are hereby informed) that all messages transmitted or received
on the e-mail system, or whatever nature, remain fully subject to all of the provisions of this
e-mail policy (thus, for example, even personal messages on the e-mail system constitute the
City of S1. Joseph's property in which employees have no right of privacy and which may be
stored, monitored, or disclosed atany time by the City.
The e-mail system shall not bê used to transmit messages, either within the City or in communications
transmitted outside the City, that might reflect poorly on the City, including language or materials of a sexual
o~ otherwise inappropriate nature, or that may be construed as harassment or disparagement of others based
upon their race, color, national origin, sex, sexual orientation, age, marital or familial status, physical or
mental disability, religious or political beliefs, or any other characteristic of people protected by federal or
state law. I
The e-mail system shall not be used for sending information outside ofthe City of S1. Joseph that constitutes
the confidential or proprietary information of the City (except with the express permission of the City),l1or
for the unauthorized receipt of the confidential or proprietary information of others. Employees shall
promptly notify the Clerk! Administrator in the event an e-mail transmission containing the confidential or .
proprietary information of another party is received without the express permission of that party.
Periodic Deletion of E-Mail Messages
Under normal circumstances, the City of S1. Joseph may periodically delete all electronic media copies
of e-mail messages. However, the City may suspend the regular deletion of all or part of e-mail
messages for an indefinite period, without notice, whenever the City deems the same advisable, (This
could occur, for example, in the event the City becomes involved in an investigation, litigation, or any
other proceeding that may necessitate the review or production of the City's records.
D. Violation of E-Mail Policy May Result in Discipline
Violation ofthis e-mail policy mayresultin discipline up to and including immediate termination of
employment.
24.9 Salary Negotiations
Negotiations will commence during the month of October. The City Council will appoint two members of
the Council to conduct employee sessions and recommend suggestions forimprovements for the following
year. The employees will be notified in writing at least seven days prior to the scheduled meeting (s).
24.10 Exit Interviews
In instances where an employee voluntary leaves the City's employ, the City of S1. Joseph management and .
City CouncillMayor, would like to discuss the reasons for leaving and any other impressions that an
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mployee may have about the City of St. Joseph. During the exit interview, an employee can express
t emselvesfreely. It iJ hoped that this exit interview will provide insights into possible improvements; All
i fonnation will be kept strictly confidential and will in no way affect any referenceinfonnation that the City
t 51 Joseph Manag1e¡¡twill provide another employer.
2 ,11 Grievance Policy
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It is the policy of the City of St. Joseph to prevent the occurrence of grievances and to deal promptly with
a, y complaints. If an employee has a complaint, they may discuss all relevant circumstances with their
s pervisorldepartmentheadorMayorand attempt toresolve it, oriftheyhave reason to believe the
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s pervisor will fail toproper1y respond tothe situation, aswherethe supervisoris the perpetrator. Ifthe
1evance mvolves the s~pervisor;the pmqnnel committee should be contacted d1rectly. If the grievSl1ce is
n It dealt with satisfactory at this level; the grievance may be carriedto the entire City Council by the .
su~crvi~r/dep~ent hrdOrtlre employ~.The d~jsion o(the Coancll on al1~e~ces is [=1
24 12 Layoffs Ii
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Ar ~t least two weelo; hotice to an emPloyee, theOty Cgancil may layoff any employeewhenever such
act on IS necessarybeca~ .of shortage .or workandlor funds, the eliminarion of a position, Or changes in the
or ,anization. No employee, shall be laid off while there is a temporary employee serving in the same class
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of l?osition for which the full-time or introductory employee is qualified, eligible and available.
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APPENDIX A
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ì Manual Acknowledgment
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I cknowledge that 1 have received a copy ofthe City of 8t.Joseph's Personnel Policy Manual and that I
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h ve read and understo¢d the Manual.
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I rderstand tbai this M!wual provides employees with a s'nt!'U3IY of cutre.! City of St. Joseph policies. I
u derstand thatnothing!ïn this manual creates or constitutes an employment contract or agreement. I also
u derstand that the City\of8t. Joseph reserves the right to revise the contents of this handbook at any ti¡me.
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I nderstand.thatemplo}rment with the City of 81. Joseph is voluntarily entered into and I am free to resign at
an, time. I also understand that the City of 81. Joseph is free to end the employment relationship at any time
fo any reasons, with or)vithout cause. .' r understand thatnothing in the manual or amendments to the
m~nual are intended to alter.this re1ationship~ I understand that the only way that the relationship can be
alt red is through a writtçn document signed by both the City ,of 81. Joseph and myself.
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Em loyee Name
Date Signature
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Drug and Alcohol Testing Consent Form
1. I have been allowed to read and inspect a written copy of the City ofSt. Joseph's policy on
drugs and alcohol.
2. I have read the entire contents of this policy and I am aware and fully understand: (a) the
policy and its content; (b) what conduct the policy prohibits and the consequences of such
conduct; (c) my rights under the policy and the consequences if I exercise certain rights;, and
(d) that certain events as described in the policy may result in adverse personnel action,
including my termination from employment with the City of St. Joseph.
3. I understand that this policy in any form, and any employee handbook including this policy,
are not a unilateral employment contract or offer thereof.
4. I hereby voluntarily consent to the City of St. Joseph, or its health service providers, or other
persons or entities acting for or with them, to collect a body component (blood, urine, breath,
or any combination thereof from me for testing for alcohol and/or drugs. I understand that
the laboratory selected by the City of St. Joseph may conduct testing and other analysis on
the sample provided by me. I further voluntarily consent to the laboratory's disclosure to the ·
City of St. Joseph of the results of my drug and/or alcohol test and other information related
to the test.
Name
Date
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Notification of
I Negative Alcoholand/or Drug .Test Result
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Individual Date of Initial Test
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This is to notitYi you that the results of the sample you recently submitted for alcohol and/or drug
testing is negatiYe. You have passed the alcohol and/or drug test.
You have a right to receive a copy of the test result report. If you would like a copy of.the report,
please contact die City of 81. JosephClerk/ Administrator.
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. \ City of 81. Joseph
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Dated: By:
Its:
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Notification of
Positive Alcohol and/or Drug Test Result
And Requestfor Retest
Individual Date of Initial Test
Date of Confirmatory Test
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This is to notify you that the results of both the test and the confirmatory test of the sample you
recently submitted for alcohol and/or drug testing are positive. You have a right to receive a copy of your .
test results report. If you would like a copy ofthe report, please contact the City of St. Joseph
Clerk/Administrator.
You have the opportunity at this time to indicate any over-the-counter or prescription medications
you'are currently taking or have recently taken and any additional information you believe is relevant to the
relÜtbility of or provides an explanation for the positive test results.
You also have the opportunity to request a confirmatory retest of the tested sample at your own
expense. If you would like to have a confirmatory retest, you must indicate your decision to have a retest in
writing within five (5) days of receiving this notice. To request a retest, fill out the bottom of this form, sign
the form, and submit it to the City Clerk/Administrator.
City of St. Joseph
Dated:
By:
Its:
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Ivoluntarily d,onsent to provide the following infonnation which may be relevant to therelíability of
rprovides an explanation for the above-noted positive test results.
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I am currently'lltaking or have been taking the following over-the-counter and/or prescription
, edications(use the back of this fonnifnecessary)..Write "none" if applicable,
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. In addition to th~ above medications, the fóllowinginfonnation may be relevant to the reliability of
or xplanation forthepositivetestresults
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I REQUEST A CONFIRMATORY RETEST, TO BEPERFORMED AT MY EXPENSE.
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I DO NOTWISFÌ TO HAVE A CONFIRMATORY RETEST PERFORMED
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Dated:
Employee's.Sìgnature
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Request for Tuition Reimbursement
Employee Name Date
Department Job Title
Title of Course Requested
Educational Institution
Dates of Attendance
Estimated Cost for Tuition, fees and required textbooks
How will the completion of this course help you to perform the duties of your position more
effectively? OR, how will completion of the course help prepare you for a promotional
opportunity within the City? .
Department Head Approval Date
Clerkf Administrator Approval Date
I, I the undersigned, ,understand and agree that this tuition
reimbursement is considered a loan for the six months following payment for the course.
Should I leave the employ of the City of St. Joseph within the six months following this
payment, 1 understand and agree that I will repay the City in full for the total amount
expended by the City for reimbursement for tuition, fees and books related to this course.
Employee Signature Date
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. CITY OF ST. JOSEPH
21 First Avenue I W
P.O. Box 668,
St. Joseph, MN 6374
(320) 363-7201 ,
Fax: 363-0342 I
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MAYOR ,
Kenneth J. Hieme z i
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To: H<?norable Mayor Hiemenz and Members of the City Council
CLERK! From: JUQY Weyrens
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AUMINISTR,\H)R Date: 10115/99
Cad Schmidt Re: Stdarns Electric Loan
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COUNCILORS ,
Bob Loso Please find Mtached the following documents regarding the USDA Rural Loan:
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WIt 1. ¡Promissory Note, $ 276,135.60
Mary Niedenfuer \
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2. ¡Schedule of Loan Amortization
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3. Resolution Granting Authority to Procure Loan
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4. J\uthority to Procure Loan
As a fonnality, I fOIWarded the original documents to John Scherer for his reviewand comment.
During this r¿view it was noted that the City needs to secure an opinion from an Independent
Financial Adrsor; Weare still in the process of securing such an opinion and hope to have letter
by the meeting. Monte Eastvold cannot provide the statement so we are contacting other agencies
to provide thli¡ letter. However, their may be a ,cost associated with the opinion, but the benefit of
theloan outw~ighs the expense.
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I PROMISSORY NOTE
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$ 276,135.60 i
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DATED: October 21. 1999
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For value received, th~ City o[S1. Joseph, a municipal corporation, organized and existing under the lasw
of the State ofMinnes1ota,10cated in Stearns County in the State of Minnesota (the "Maker"), promises to
~ay to the order of St~flrns Electric Association (the "Lender"), at the times and in the manner hereinafter
rovided, the sum of Two Hundred Seventy-Six Thousand One Hundred Thirty Five and 60/100's Dollars
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t$ 276,135.60), wíthotft interest, in annual installments of Twenty nine Thousand One Hundred FiftY-four
\ nd 97/1 00' s dollars ($29,154.97) on the first day of November beginning in the year2000 and
ontinuingon the first~ay of November of each year thereafter until the principal sum stated above has
een paid in full on or before the final maturity date of this note, which shall be on the tenth anniversary
,fthe date first writtenlabove.Maker agrees to pay Lender an annual loan service fee equal to one (1) per
ent of the outstanding ¡loan balance, as part of the annual installment. (See Schedule of Loan
mortization, attached hereto and made a part hereof.) Maker shall have the right to prepay the
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~bligationset forth in this note, in whole or in part, at any time without penalty; provided, however, that
in the vent ofa partial prepayment, the Maker shall be obligated to continue making regular and
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interrupted annual payments for the amount and on the annual payment date specified in,this note so
I ng as any portion of the loan remains unpaid.
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. I the event of nonpaynient when due of any payment due, under this note, and such nonpayment or event
o default continues for kperiod of twenty (20) days, or if the Maker is generally not paying its debts as
s ch debts became due, þr if the holder shall at any time in good faith believe that the prospect of due and
p~nctuaIPaymentofthi~note is impaired, then at the option ofthe holder ofthis note, all of the amount
thfn and owing under th~s note shall immediately become due and payable. . The failure to assert this right
shill not be deemed a waiver.
'f1s note shall .Jso bocoLeålltomaticallY due and payable sbou1d!be Maker dissolve, or merge with, a
thi d party, or should a p¢tition by filed by or against the Maker under the United States Bankruptcy
c~ . The M~eraW~$ to pay all èostsof collection, mcluiling attom~' s f~s, m !be event tills not JS
no paid when due. \
IN ITNESS WHEREOF, the Maker has caused this note to be executed in its corporate name and its
c0I"f0rate seal to be hereupto affixed and attested by its duly authorized officers, all as of the day and year
firs written above. i
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I The City of St. Joseph
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Kenneth J. Hiemenz, Mayor
ATIìEST: ,
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Cari Schmidt, Clerk! Administrator
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Schedule of Loan Amo$zation
Opening 276,135.60
1/1/00 1 29,154.97 26,393.61 2,761.36 249,741.99
11/1/01 2 29,154.97 26,657.55 2,497.42 223,084.44
11/1/02 3 29,154.97 26,924.13 2,230.84 196,160.31
11/1/03 4 29,154.97 27,193.37 1,961.60 168,966.94
11/1/04 5 29,154Ð7 27,465.30 1,689.67 141,501.64
11/1/05 6 29,154.97 27,739.95 1,415.02 113,761.69
1 /1/06 7 29,154.97 28,017.35 1,137.62 85,744.34
1 /1/07 8 29,154.97 28,297.53 857.44 57,446.8i
1 /1/08 9 29,154.97 28,580.50 574.47 28,866.31
1 /1/09 10 29,154.97 28,866.31 288.66 -
· 291,549.70 276,135.60 15,414.10
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· RESPLUTION GRANTING AUTHORITY TO PROCURE LOAN
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WHEREAS, THE City of St Joseph has the authority to borrow money to finance projects that
oster economic develÖpment of the City;
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WHEREAS, Stearns Electric Association has offered to lend money to theÇity of St. Joseph for
he purpose of providing local financing for projects that foster economic development in rural areas;
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BE IT RESOLivED, that the Mayor and Clerk for the City of St Joseph, a municipal corporation,
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rtheir successors in office, be and hereby are authorized for, on behalf of, and in the name of the City of
t. Joseph to: \
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(1) negotÜlte and procure loans from Stearns Electric Association uP. to an amount not
exceeding Two Hundred Seventy-Six Thousand One Hundred Thirty-Five and 6/100's
dollarsi ($ 276,135.60)
(2) execute in such form as may be required by said Steams Electric Association all notes
and oth~r evidence of such loans, all letters of credit, 'and all instruments of pledge,
assig¡m1.ent or lien;,and
(3) pledge the full faith and credit of the City ofSt. Joseph for repayment of the loan.
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RESOLVED FURTHER, that said Steams Electric Association be and hereby is authorized and
di ected to pay the proc~eds of any such loan as directed by the persons so authorized to sign, whether so
· p~yable to the order of aþy said persons in their individual capacities or not, and whether such proceeds
ar deposited to the indiyïdual credit of any said person or not;
RESOLVED FURTHER, that this resolution shall continue in full force and effect, and said
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St arns Electric Association may consider the holders of said offices and their signatures, respectively, to
be and continue as set forth in the certificate of the Clerk! Administrator of this municipal corporation
ac ompanying a copy ofrhis resolution when delivered to said Steams Electric Asso(:iation or inany
su sequent certificate"un,til notice to the contrary in writing is duly served on said~t~:m~7".çJe9.þtc
As ociation. " ,,- '. "
RESOL VED F~THER, that the loan shall be paid primarily from a fund consisting of special
ass ssments collectedforpub1ic improvements within the Buettner IndustrialPark The Special
Asessments will· be base4 upon the benefit to properties within the Industrial Park
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RESOLVED F~THER, that the City ofStJoseph is authorizing this transaction based upon the
tee mmendations. and advice of an independent financial advisor retained by the City to review the
pro' osed loan transaction.',
This resolution shall be in full force and effect from and after its passage and adoption into the
minutes of the meeting oqhe City Council meeting.
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Passed this 21 st dat of October 1999.
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Kenneth J. Hiemenz, Mayor
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Cari I chimdt, Clerk! Administrator
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i AUTHOIDTYTOPROCURELOAN
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I hereby certify thatI am the City Clerk/ Administrator for the City of St. Joseph, Minnesota, a
unicipal corporation\ and the keeper of the records of said municipal corporation; that the following is a
true and correct copy 9fresolutions duly adopted at a meeting of the City Council thereof held in
ccordance at the CityiHal1 in the City of St. Joseph, County of Steams, State of Minnesota, on the 21 51
ay of October, 1999,\and thaUhe same are now in full force.
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I COPYOFRESOLUTIONS
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"WHEREAS, the City of Sf. Joseph has the authority to borrow money to finance projects that
Tter econo",;c deve1dpment of the City;
.. WHEREAS; S~eamsElectric Association has offered to lend money to the CityofSt. Joseph for
T purpose pf providing local fmancing for projects that foster economic deve10pmentin rural areas;
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BE IT RESOLYED,that the Mayor and Clerk/Administrator for the City ofSt. Joseph, a
~uniCjpai curporation, ~r their successors in offwe,be and herehy are authorized for, on hehalf of, and in
te name of the City of St. Joseph to:
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(1) negotia~~ and procure loans from Steams Electric Association up to an amount not
. e ceedingTwo Hundre~ Seventy-Six Thousand One Hundred Thirty Five and 60/100's dollars
($ 276,135.60). i
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(2) 'execute in such a form as may be required by said Stearns Electric Association all notes
an other evidence of suçh loans, all letters of credit, and all instruments of pledge, assignment or lien;
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(3) pledge tBe full faith and credit of the City of St. Joseph for repayment of the loan.
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RESOLVED FURTHER, that, said Steams Electric Association be and hereby is authorized and
dirrted to pay the procedds of any such loan as directed by the persons so authorized to sign, whether so
pa ¡able to the order of any said persons in their individual capacities or not, and whether such proceeds
are ¡eposited to the indivi~uaI credit of any said person or not;
RESOLVED FURTHER, that this resolution shall continue in full force_and effect, and said
Ster Blecmc Associati~n may cOß$jde~ the holders of ~id offices and then Slgnarures, respectively, to
be a d continue as set fortþ in the certificate of the City Clerk/Administrator of this municipal corporation
acc mpanying a copy oft~is resolution when delivered to said Stearns Electric Association or in any
subsequent certificate, unti,l notice to the contrary in writing is duly served on said Steams Electric
Ass ciation. I,
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IHEREBYFµRTHER CERTIFY that the following named persons have been duly elected and
appointed, respectively, to the offices set opposite their respective names, that they continue to these
offices at the present time, and that the signatures appearing hereon are the original signatures of each
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respectIve y: ,
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I Mayor
Clerk/Administrator
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IN WI1NESS WHEREOF, I have hereunto affixed my name as Clerk/Administrator and have
c used the corporate Sdll of said municipal corporation to be affixed this day of
\, 1999. .
. Cari Schmidt, Clerk/Administrator
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I hereby certify tþat I am the Mayor ofthe City of St. Joseph and that the foregoing isa correct
co y of resolutions passed as therein set forth, and thatthe same are now in full force.
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Kenneth J. Hiemenz, Mayor
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oCT-Ø6-1999 11:34 FRCtI RAJKo..JSK I HANSME I ER TO 93630342 P.02/03
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I T seve tll Avenue North t'r=~~ Ltd.
P.O. llax 14.13
OctOber 6, 1999
-VIA FAX-
Toll Frl:C 0 445 9611 Ms. ludy Weyrens
Deputy Clerk of the City ofSt. Joseph
21 Fifst Avenue Northwest
rsjhanilld udnet.com P.O. Box 668
St. JosePh" MN S6374
Rc: \ Steams Electric Association's Loan
'Our File No. 19655
Dear Judy:
I bavehad an opportunity to review the documents relative to the Steams Electric
. Association's loan to the City ofSt.loseph_ . Before commenting on the proposed
Resolutio~ I would like to bring three issues to your attention:
1. The City is subject to a debt limit of2% of.the market vaJue of assessed property
within the City. The debt, which will be paid in whole or part by special assessments
Fr~nk L R"lk ,W\kl" for improvements, does not count against this debt limit. Therefore, I believe that it is
"_"Jm'~ imponant that this debt is paid, at least in part. trom special assessments collected on
the Buettner Industrial Park.
'r~dft, i. k L. Gunk_ 2. The ~Mesota statutes also require taxpayer approval of any obligation, subject to
Thornl" G. ¡øn""ifhO certain exceptions. Again, one the exceptions is any obligation which will be paid by
Johll H. Sd1\!rer . special assessments. The portion that has to be paid by special assessments must be at
,.... 'i" least 20% of the debt.
3. Minn.. Stat. § 475.60 requires a public sale to the highest bidder with regard to all
( ~n f. (jr;lY
william J. Cash illI obligations. again subject to some exceptions. One exception which could be
applicable here would be bonds issued on the advice of an independent financial
advisOr.
It is my understanding that this obligation is intended to be paid Û'om a fund into which
will be paid the special assessments collected on the Buettner Industrial Park. If at least
20. percent of the debt will be paid trom special assessments. I believe that issues 1, and 2
S<.ott G. HaM.1ok raised above will be adequately addressed. The debt wi11 not count against the City's
'. P."i,k J.I,¡"kin debt limit nor will taxpayer approval be necessary.
... '-r""'''......·-......i~....·..,....· -.".",......,.-..-- ~.._,.........--:-'''''-.....-
\ AMernIIeI of Am",kM, 80ðId of Trial AdvocMtS. ~if "¡ .ACIII NNlrAl.
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~- J..I.;~ rKU11 ",:AJKOWSKI HANSMEIER TO 93630342 P.Ø~3
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Ms. JudYWeyrÇns ,
October 6~ 1999
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,~ To avoj~ the neCessity ofapublic sale. ¡urge the City to secure a Jetterfi'om Monte,Eastvold
~ / coveringthefoU9wing points;
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~" A. Thåthe ij an independent finadciaI advisor employed by the City of St.Joseph.
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B.Thåt he iJrenderinB advice to, the City oiSt. Joseph with regard to obligations issu~.by
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C. That he hås reviewød the proposed transaction, and hebe1ieves thatthe tel111Sand
conditions\oftheobligation are ,at least as favorable as the tenns wlùch the City would
secure if ~e obligation was submitted to public bid.
With regard to thJ: Resolution granting' authority to procUJ'e a loan~ I have no problem with the
R,C$Olution as drafted. I would suggest adding the following provisions to the Resolution:
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«RESOL YED FURTHER, that tbe loan shaJJ be paid primarily
. from a fund consisting ofspecia1 assessments co1Jccted for public
imptovements within the Buettner Industrial Park. The Special
Assessment will be based upon the benefit to properties within the
Inddsuial Park.
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RESOLVED ruR.THE~ that the CityofSt. Joseph is authorizing
this ttartSactíon based upon the recommendations and advice of an
inde~ndent financial advisor retained by the City to review the
propÒsed loan transaction."
Judy~ upon approva1 \ ofthis Resolution, fax me a copy. lwill prepare a foUow up letter to Dave
Oruenes at Steams Electric in the ronn of anopìnion of counse11etter as he has requested. In the
interim, ,if you receì~ any other loan documents. send them to me for review.
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Very truly yours,
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Rajkowski
'!<hAn'orth 'V ~~~~~~ Ud.
P.O. Box 1433 \
St. Cloud. MN 56 02,1433 October\5, 1999
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320-251-1055
Toll Free 800-445- 617 Ms. Caril¡ Schmidt
Clerk Administrator for City of S1. Joseph
Fax 320-251-5896 ¡
21 First Avenue Northwest
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P.O. Box'¡668
rajhan@cloudnet.c m St. Joseph, MN 56374
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Re: Northland Addition
OUf File No. 14550
Dear Cari:,
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Enclosed ~erewith please find a copy of the Subdivision Agreement which has been
signed by Lumber One. Would you and the Mayor please sign the Agreement where
. indicated d,n the bottom of page 5, having your signatures notarized. I am not sure asto
the status of the City Council approval of this Agreement. I assume that the proper
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approval will be received before executing the Agreement.
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Upon execution, you may return the Agreement to my attention, and I will have it
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Frank J. Rajkowski ., properly recorded.
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Gordon H. Hansmeier \ Very truly yours,
Frederick L. Grunke
RAJKOWSKI HANSMEIER LTD.
Thomas G. Jovanovich
John H, Scherer'
Paul A. Rajkowski'
Kevin F. Gray
William J. Cashman
JHS/baz
Richard W Soba/varra Enclosure
Beth S. Thompson
Lotte R. Honsen cc: Joe Bettendorf
Terry Schbid
Mark E. Arneson I
.. Harnak I
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Patfick J. Larkin
Frank J. Rajkowski and ¡¡ichar< i
Sobalvarro are admitted to practiíe in North Dakota. Gordon H, Hansmeier Ü, North Dakota and Wisconsin. Paul A. Rajkowski in Wisconsin and William J. Cashman In South Dakota.
',.Member of American Board of Trial Advocates. ·Qualified ADR Neutral.
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. I CITY OF ST, .JOSEPH
\ SUBDIVISION AGREEMENT
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THIS AGREEMENT, made and entered into this day of , 1999, by
and between Lumber One, Avon Inc., hereinafter called the "Subdivider", and the City of St.
oseph,Minnesota, åmunicipal corporation, ,hereinafter called the "City".
L I . WITNESSEY¡{
· ...... ... REAS, thgsûJrivider isthe ~quit"¡'le owner and Subdivider of a certainSubdivÍsiÖn knÖwn
~rtwand Plat Fo:r; wmch is ¡egaily descnbed in Exllibit "A". attached hereto IDd !TIMe a p~
ereof; ,
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~REASiAmalin~ Rothfork is the ¡egai owner of the property described inExhibit "A"; and
·REAS,theCity'~ Code of Ordinance requires the Subdivider to provide for the construction
0eertain public ¡mprtvements, and for the finIDcing of said unprovements;
N¡OW,THEREFORE,\ in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREEDAS FOLLOWS:
. 1.1 PLAN AIMP~OVEMENTS
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1.1 The S~bdivider and Armaline Rothfork hereby petitions the City to construct
those i,mprovements itemized below, hereinafter known as Plan A Improvements:
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, Sanitary sewer, water man, bituminous' streets,
i concrete curb and gutter, site grading.
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ThePIÁn Alrnprovementsitemizedabove shall include ,all necessary appurtenant
items o\fwork as determined by the City.
1.2 Subdivi,der represents to the City that he has obtained the written consent of all
other persons having any interest in these premises or persons that may be
entitled ,to notice of these proposed improvements and resulting assessments; that
such consents are~ttachedto the Subdivision Agreement herein, or if such
consent~ have not been obtained, ,the name,·.address, and interes!ofeach party
known t:o the Subdivider to haveian interest,· is attached hereto. If, at anytime
prior to the actual construction of the, improvements and or assessment of the
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improve~ents upon the property, the Subdivider elects to transfer any interest,
whether by option, purchase agreement'or other transfer to a third party, he shall
. promptly¡give the name and address of such person, in writing, to the City Clerk,
disclosing the interest transferred and the property affected. The parties holding
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a legal or equitable interest in the¡property comprising the subdivision are: .
Lumber One, Avon Inc. and Amaline Rothfork.
1.3 The City agrees to proceed with ¡said Plan A Improvements, and will levy special
assessments against the Subdivision or development pursuant to the provisions of
Minnesota Statutes, Chapter 42~. The Subdivider and Amaline Rothfork hereby
waive their right to Public Improvement Hearing and the Assessment Hearing
normally held in accordance witþ said Chapter 429.
1.4 The City had prepared a Feasibi~ity Report outlining the proposed scope of the
Northland Drive portion of the project and estimated project costs. At a public
hearing, the First Street and Fifth Avenue portions of the project were added.
The City has conferred with th~ Subdivider and has conducted a public hearing
on the feasibility of the project.! The City shall:
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(a) Proceed with the projeçtas presented.
(b) The City has prepared rlans and Specifications for the construction of
Plan A Improvements, 'and has taken bids for constructÌon.
(c) The City shall make the sole and final determination of the necessity and .
feasibility of the project solely determining in its discretion whether to
continue with ortermihate the project.
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1.5 The assessments to be levied ~gainst the Subdivision or development wìll include
all construction costs; engine~ring, legal, and administrative costs; fiscal costs
including capitalized interest;! and other contingent costs. The total of
assessments to be levied are projected to be $221,500, subject to adjustment due
to necessary project change orders or unforeseen extra work. Assessments shall
be levied over a period of time and at a rate of interest to be determined by the
City after financing arrangements have been completed. Assessments to be levied
against the Subdivision or dtfvelopment includes 100 percent of the costs noted
above.
1.6 Should the Subdivider sell <¥1y part of the Subdivision or developmenno another
party prior to assessments roll being filed with the County Auditor, the
Subdivider agrees that said sale shall include all pending assessments" estimated
or actual, for Plan A Improyements.
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. ShouI'p any part of the Subdivision or development, or any lot therein, be sold
after t,he filing of the assessment rol1, aU remaining assessments levied against that
lot or property shall ,become due and shallbe paid in full.
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4,0 OTHERCONSIDERA TrONS
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4.1 The Subdivider agrees to pay the City reasonable,attomey's fees, to be fixed by
the CoÚrt, in the event . that suit or action is brought to enforce the terms of this
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Agreement.
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4.2 TheSu9dividerherebywarrants and represents to the City, as inducement to the
City's entering into this Agreement, that Subdivider's interest in the Subdivision is
stated and that Subdivider will acquire fee ownership on or before October I,
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1999. ' ~rior to execution of this Agreement, the Subdivider shall provide the City
with atitle opinion prepared by a licensed attomeystating the condition of title of
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the prop,erty.
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4.3 The temÌs and. provisions of this Agreement shall be binding upon and accrue to
. the benefit of the heirs, representatives, successors and assigns of the parties
hereto a~d shall be binding upon all future owners of all or any part of the
Subdivisi10n and shalLbe deemed covenants running with the land~ Reference
herein to[Subdivider, if there be more than one, shall mean each and all of them.
This Agrbement, at the option of the City, shall be placed on record so as to give
notice heteofto'subsequent purchasers and encumbrances of all or any part ofthe
Subdivisibn and all recording fees shall be paid by the Subdivider.
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4.4 Any notic~s permitted or required. to. be given, or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph, by certified or registered mail. Such
notices, dJmand or payment shall be deemed timely given or made when
delivered~ersonålly or deposited in the United States mail in accordance with the
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above. Aqdresses of the parties hereto are as follows:
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Ifto the City at: City of S1. Joseph
P.O. Box 668,
51. Joseph, MN 56374
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If to the Subdivider at: Lurpber One, Avon Inc. .
P,O. Box 7
101 Second Street NW
Av~m, MN 56310
4.5 The Subdivider hereby grants the City, its agents, employees, officers and
Contractors an easement and license to enter the Subdivision to perform all work
and/or inspections deemed apgropriate by the City during the development of the
Subdivision.
4.6 The Subdivider shall promptly clean any soil, earth or debris from streets in the
Subdivision resulting from construction work by the Subdivider or its agents or
assigns or within a lot of the Subdivision.
4.7 The Subdivider shall comply}Vith any erosion control method ordered by the City
for the prevention of damage/to adjacent property and the control of surface
water runoff from lots within'the Subdivision.
4.8 This Agreement shall remainl in effect until such time as Subdivider ,shall have
fully performed all of its duti,'es and obligations under this Agreement. Upon the
written request of the Subdiyider and upon the adoption of a resolution by the
City Councilfinding that th~ Subdivider has fully complied with all the terms of .
this Agreement and finding that the Subdivider has completed performance of all
Subdivider's duties mandateâ by this Agreement, the City shall issue to the
Subdivider on behalf of the City an appropriate certificate of compliance.
4.9 Park Dedication- not applitable.
4.10 The City shall not issue certificates of occupancy for any building within the
Subdivision until the building has been connected to sanitary sewer and water and
the streets in the Subdivision have been constructed to the point of having a
gravel base.
4.11 Allcosts, including all reasonable engineering, legal, planning and administrative
expenses, incurred by the City prior to completion of construction shall be
included in the amounts aqsessed to the Development; Subdivider shall reimburse
the City for any reasonablb costs incurred by the City, including reasonable
attorney's fees, to enforc~ this Agreement or secure the Subdivider's
performance.' . Such. reimb,ursement shall be made within .14 days of the date of
mailing the City'snoticeqf costs. If such reimbursement is not made, the City
may withhold building permits for lots of the Subdivider all costs are paid in full.
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Upon approval and executlOn of thIS Agreement, the CIty shall approve the
SJbdivider's plat provided it otherwise meets the requirements of the City's
O~dinance governing Subdivisions.
4.13 The following additional agreements are being made a part of this Subdivision
Ag~eementto continue in force and effect as though they were dedications of the
plat proposed to be developed by the City, unless according to their terms are
intJnded to terminate earlier:
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(a) ! The Subdivider shall file protective covenants for the Subdivision in the
! form attached hereto as Exhibit B.
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(b) \ Houses constructed on any lots which abut Northland Drive and another
I street shall be constructed to front on the street other than Northland
i Drive, and the driveway access to the lot shall be from the street other
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4.14 The provisions of Chapter 5 of the S1. Joseph Cod~ of Ordinances (1992 Edition)
are h~reby adopted by reference in their entirety, unless specifically excerpted,
modified, or varied by the terms of this Agreement, or by the final plat approved
as approved by the City.
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T I . s Agreement shall ~e binding on the successors and assigns, heirs, and personal representatives
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o t e partIes.
Sired and executed bt the parties hereto on t!ris _ day of ,1999.
A TEST Ij CITY OF ST JOSEPH
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By By
Carine Schmidt, City Clerk Kenneth Hiemenz, Mayor
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STATE OF MINNESOTA ) .
)ss
COUNTY OF STEA&~S )
On this _ day of , 1999, before me, a notary public within and
for said County, personally appeared Kenneth Hiemenz and Carine Schmidt, to me personally
known, who, being each by me duly sworn did say that they are respectively the Mayor and the
City Clerk of the City of St. Joseph, the municipal corporation named in the foregoing instrument,
and that the seal affixed to said instrument is the municipal seal of said corporation, and that said
instrument was signed and sealed in behalf of said municipal corporation by authority of its City
Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said corporation.
Notary Public
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STATE OF MINNESOTA )
)ss
COUNTY OF STEARNS )
On this cR.l1+h day of Se0-eff'b eç , 1999, before me, a notary public within and for
said County, personally appeared ed..- ':)c.-~ - , to me personally know,
who, being by me duly sworn, did say that he/she is the eó .. ~ of
Lumber One, Avon Inc., the corporation named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said corporation, and that said instrument was
signed and sealed on behalf of said corporation by authority of its Board of Directors and said
President acknowledged said instrument to be the free act and deed of said co oration.
CYNTHIA lEE GRUNlOH
NOTARY PUBUC-MINNESOTA
My Convnlsslon expires Jan. 31. 2000
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. I am the fee owner bf the Property described in Exlllbit A. I hereby consent to the development
of the Property desbribed in Exlllbit A and the levy of assessments in accordance with the terms
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and conditions of t.llls Agreement.
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Amaline Rothfork , , , b
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STATE OF NilNNESOTA )
~OUNTY OF STE~"S )ss
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On this "J ~ selr , 1999, before me, a notary public within and for
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s~d County, personal,ly appeared Amaline Rothfork, to me known to be the same person
df'cribed in and who :executed the foregoing i !rument, and acknowledged that she executed the
s me as her :tree act and deed. "
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EXHIBIT "A" - PURCHASE AGREEMENT
That part of the Northeast Quarter of the Northwest Quarter and the Northwest Quarter
of the Northeast Quarter of Section 10, Township 124 North, Range 29 West, Stearns
County, Minnesota described as follows: Beginning at the southeast corner of Lot 10,
Block 2, NORTHLAND PLAT THREE, a duly recorded plat on file and of record in the
Office of the County Recorder, Stearns County. Minnesota; thence South 83 degrees 39
minutes 03 seconds East. plat bearing, a distance of 187.53 feet; thence South 05
degrees 57 minutes 38 seconds West a distance of 218.47 feet; thence South 89
degrees 41 minutes 07 seconds East a distance of 15.00 feet; thence South 00 degrees
18 minutes 53 seconds WesL~·.:'qi~ta,nce. of 365.54 feet to the south ,line of the said
Northwest Quarter of the Northê5å$LQuart.ep; ,thence North 89 degrees 50 minutes 16
seconds West, along said south1Iíheí·?qi~t,a'~~E?.:;; of 656 22 feet to the southeasterly
extension of the easterly line of Lot 8.,B:lôc,Vy/4, ?s~.id.,NORTHLANO PLAT THREE;
thence North 36 degrees 05 minutes 30 seto~i.: W,es',t.('·a.lqng said southeasterly
extension and the easterly line of said Lot 8, a disf'àirœ/øf:il'3:QJ1):?{Bet to the southeast
corner of Lot 7 said Block 4; thence. North oOdegree~':~$:'n\i~ptés 53 seconds East, .
along the east line of said Block 4, a distance of 386.86 feet td·the southwest corner of
Lot 1, said Block 4; thence South 89 degrees 50 minutes 16 seconds East, along the
south line of said Lot 1 and its easterly extension, a distance of 203.50 feet to the west
line of Block 3, said NORTHLAND PLAT THREE; thence South 00 degrees 18 minutes
53 seconds West a distance of 75.87 feet to the southwest corner of said Block 3;
thence South 89 degrees 50 minutes 18 seconds East, along the south line of said
Block 3, a distance of 350.00 feet to the southeast corner of said Block 3; thence North
00 degrees 18 minutes 53 seconds East, along the east line of said Block 3 and its
northerly extension, a distance of 187.15 feet to the point of beginning. Containing
7.978 acres, more or less, and is subject to easements of record, if any,
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i DECLARATION OF PROTECTIVE
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COVENANTS AND RESTRICI10NS
! NORTHLAND PLAT FOUR
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Kn¡own all men by tþese presents, that Lumber One, Avon Inc.. a Minnesota Corporation.
being owner of all the following described premises situated in the County of Stearns,
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State of Minnesota. to-wit:
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Northland Plat ¡Four, according to the plat thereof, on file and of record
· in the office qf the Steams County Recorder, Minnesota.
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desrn g to. establish. iibe. nature of use.31ld enjoyment of said ¡31lds. do here by de c ¡ are
said premises may be!\5ubject to outstanding flowage rights andPrivaleges", conditions
and restrictions as ID:ayhave been' previously imposed upon the Subject Property by
conreyances now oflrecord, <and do further declare said premises subject to the
following express covenants, stipulations, and restrictions, to the use and enjoyment
ther~of, all of' whicH, are to be, construed as protective covenants and restrictive
runn'ng with the title \,tosaid premises and with each and every part and parcel thereof;
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1. These cO'fenants are to run with the land and, shall be binding on all
parties ~d all persons ,claiming under them, with no modifications
allowed, II until such time as, a majority of the addition (51 %) bas been
developed,! at which time said covenants shall be automatically .extended for
successive I periods of five (5) years, unless by vote ofa majority of the the n
owners of i, the land. it is agreed to change said covenants in whole, or in
part.
2. If the part,ies hereto, or any of them, or their heirs or assigns shall violate
or attempt \ to violate any ,of the covenants herein. it shall be. lawful for any
otherpersqn or persons owning any real property situated within the
boundaries \ of ,the premises hereinabove described. to prosecute any
proceedings!¡at law or . inequity against the person or persons violating or,
attempting ,to violate any such covenant, and either to prevent him or them
from 50 doing or to recover damages or other dues for such violations.
· 3. Inva1idation \ of any of these covenants by judgment or coun order shall, in
no way aff<?ct any of the other· provisions, which shall remain in full fÒrce
and effect. \
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4. The premises and each part, parcel, lot, or plot thereof shall be used .
exclusively for single family residential purposes. No ,structures 'shall be
erected, altered, placed, or permitted to remain on any part·' of parcel
thereof which is in single owriership, other than one detached single
family dwelling and private garage, and such other outbuildings and
improvements as shall be authþrized by the neighborhood committee
hereinafter constituted.
S. No building or improvement sqaIlbe. erected, placed or altered' on any. part,
parcel, lot or plot within the, boundaries of. the premises above described,
until the building plans, specifications, and plot plan, showing, the location
of such buildings have been approved in writing as to conformity and
harmony of external design with existing structures in the area protected
by these covenants, and as to !"1ocation of the building with respect to
topography and finished ground elevation by a committee composed of two
(2) members and to be known as ;NORTHLAND PLAT FOUR NEIGHBORHOOD
ASSOCIA nON COMMITTEE, which committee shall be constituted for the term
of five (5) years following the date of the' original declaration of the
following named persons: James Odegard and Ted R. Schmid, and upon
the expiration of the initialfi~e (5) year term of the members of the
neighborhood association com¡nittee, the said committee shall be composed
of two (2) members, all of whom shall be designated for a five (5) year te.rm
by election by a majority of i the then property owners in the protected
area, and such an election snall be held for each succeeding five (5) year
period thereafter until the expiration of these covenants. In the event of a .
vacancy occurring, in said qeighborhood association committee, by
resignation, death, disability or disposal. by the, committe,e member of his
property in the protected premises, such vacancy shall be filled . for the
unexpired term by election ¡by the then Northland Association Committee.
6. Set back requirements for fr9nt, rear and, sides are the same as the City of
St Joseph.
7. No noxious or offensive trade or activity shall be carried on upon any
building site, tract or parcel of land in the protected area, nor, shall
anything be done thereon which may be or become any annoyance or
nuisance to the neighborhoo:d; no livestock nor wild or domestic animals of
any kind shall be kept or maintained, or. stabled on any residential, building
site, other than not more tqan two (2) dogs, or not more than two (cats).
8. No trailer, basement, tent, shack. garage, barn, mobile home. side by side 0 r
other outbuildings erected in the tract shall at any time be used as a
residence temporarily or permanently, not shall any structure of a
temporary character be used as a residence.
9. No residential structure shållbe erected or placed on any building site
which main structure does i not have an attached 20'x20' garage or larger.
No wood basements wilI be permitted. No residential.' structure' shall be
erected or placed on any building site which has a floor area exclusive of
open porches and garages! of less than the following:
a) Rambler - 1000 sqpare feet on the main living area. .
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· b ) \ Bi1cveI - 1000 square feet on the main living area.
c) l Trilevel/Multilevel - 1000 square feet of finished living area on the
. three living levels.
d)\ One and one half Story -1,300 square [eeton the top two floor~.
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e) \ Two Story!fwo and one half Story .- 1,500 square feet on the top! two
i floors. '
10. No re~idential structure shaUbe erected that does not provide for at least
$500.0p, which shall go towards. the improvement of the front elevation of
the house over and above the standard siding application. Some examples
of improvements may be one or more of the following items: brick, window
grilles,i'i shutters, high pitched roofs
11. Easem~nts for the installation and maintenance of' municipal and public
utility ',and drainage facilities are reserveed over the lands as shown on the
Plat add are subject to' the following' provisions:
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a ) fxcept as provided below, all' claims for damages, irany, arising out
9f the construction, maintenance and repair of utilities or on
account of temporary or other inconvenience caused thereby
against the interested owners, or any utility company or
lllUnicipality, or any of their heirs, successors, assigns, agents or
servants are waived by purchasers of lots within the subdivision.
· b) Iio structure, planting or other' material shall be' placed or permitted
t9 ,remain within utility easements which may damage or interfere
with the installation and maintenance of utilities or within drainage
eAsements which may obstruct or retard the flow of water through
tH,e drainage channels within the easements.
c ) The easement areas of each lot and all improvements therein shall
be, maintained continuously by the owner of the lot, except for those
improvements for which ,a public authority or utility company, or
the City of St. Joseph is responsible.
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12. No sod, ~oil, sand, or gravel shall be, sold or removed frornany part ,of the
premises, i except for the purpose of excavating for the construction or
alteration \ of a residence or an appurtenance on said premises, or for the
proper grading thereof, any any excess ,of soil remaining' from excavation
or grading, and not otherwise used by the owner, in the imporvement of his
own site, ¡shall be disposed of properly within Northland in which event
it.' shall br placed where " so designated by neighborhood association.
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13. No fence, ¡ hedge, boundary wall or retaining wall shall be erected,
constructed', grown or maintained on or around any building site or lot in
said, subdivision, without the written approval of the ,neighborhood
association! committee, as to its location, material, style, height, and
harmony with the landscaping design in the area.
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· 14. Thepremis~s shall include a sodded front yard upon completion of anew
residential! structure.
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15. The premises shall be subject ÍIi the use therof to the lawful zoning, .
subdivision, and other land use' brdinances 0( the City of St. Joseph.
16. No commercial trade or business of any kind shall be carried on, in or fro m
any part of the lands which are subject to these covenants. The owner or
occupant of any homesite subj9ct to these covenants shall do nothing, upon
his premises which shall be or! become a hazard, nuisance or annoyance to
the other owners of homesites i in the lands subject to these covenants.
17. No trash, garbage, or other de~ris shall be kept on the premises, and each
owner of the homesite covered by these, covenants shall promptly carry
away or cause to be carried away all ,such trash, garbage or debris, so that
the premises belonging to each owner shall be clear and orderly. No more
than three (3) vehicles, garage~ under, roof, shall be kept on or at any
building or homesite covered þy the covenants, and no parking shall be
permitted on the common eas~ment road or public roads; no junk or
wrecked automobiles shall be ¡brought upon or kept, or remain exposed\
upon the premises, and no ,c~mmercial automotive repairs shall be
undertaken or permitted on. any homesite; in addition to the· automobile or
automobiles of the homesite owner, such owner shall be permitted to have
and keep upon his premises not more than one (1) recreational vehicle,
which need not be keptundex¡ roof, such as one (1) boat and trailer, or one
(1) snowmobile and trailer, or one (1) camper (provided the same is not
used for residence purposes [while on said homesite).
18. Compliance with these covenants shall not excuse noncompliance with .
land, use ordinances upon the same subject of the public authorities;
compliances with the land use ordinance of the public authorities shall not
excuse noncompliance . with I these covenants.
19. Neighborhood Association may remove, at lot owner's expense, any
structure or condition which fails to conform with these covenants, state
and local laws, upon notice i to lot owner of such nonconformance and lot
owner's subsequent failure · to immediately remove such nonconformance.
20. All construction and use of said premises shall conform to state law, and
local ordinance. In .theeyent the conditions contained in these covenants
conflict with any state law! or local ordinance, the latter. shall govern. The
lot owner is charged with knowledge of all such applicable. laws.
Deeds of conveyance of said prop~rty, or any part thereof, may contain the above
restrictive covenants by reference to this document, but whether or not such reference
is made in such deeds, each and all of such respective covenants shall be valid and
binding on their respective grantees. I Violation of anyone or more of these covenants
may be restrained by any Court of competent jurisdiction, and damages awarded against
such violator; provided, however, that fa violation of these restrictive covenants, or an y
one or morè of them shall not effect tþe lien· of any mortgage>,now.of record, or which
hereafter may be placed of record upon said 'lots or ,any part thereof.
IN WITNESS WHEREOF, the un~ersigned owners have hereunto set their hands this .
I day of (JCí'V ¡:;¡:æ.. , 1999.
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Terry'~ J. Sc Executive Officer
Lumber One, .
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. , e Odegard,. Sales Mana er
, er One, Avon., Inc.
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ST ,OFj\1JNNESOTA~
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· CO .' Y OPSTEARNS )
\ The foregoing II, instrument was acknowledged
before me this , day 0 f
, 1.99L, by Terry J. Schmid.
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""~" . . CAROL J. MADER
NOTARY P\JBUc-MINNESOTA Notary, blic
My ConrniSsIÓn Exøires Jan. 31, 2005
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OFMINNESOTA) !
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CO Y OF STEARNS) i,
The foregoing instrument was acknowledged before me this { day 0 f
(9-'~ , 1991-, by Ted R. Schmid.
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8~~ Notary' PJ6lic
." . NOTM'f
· ur CoI\1IIåIØI ~IISJa 31._
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STATE OF MINNESOTA) .
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COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this , day 0 f
tr~ ' " 199L, by James Odegard.
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8 CMOL.I.IIMIII Notary P lie
_~.IC .IIIØIA
_t . 11 ,.._:n..
Drafted By:
Lumber One, Avon Inc.
P.O. Box 7
Avon, MN 56310
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Metnorandum
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To: Mayor and City Council
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From: qari Schnúdt, Clerk Administrator
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Date: 10/15/99
Re: P6lice Chief Candidate Selection
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Attached ~e a potential job description and position profile for the Police Chief. I
have given bothto the Police Department for review. They will be giving me their
~evisions before Thursday so that I can report on them at the meeting.
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1!(i)~~~,t~e Council should also discuss who they foresee doing the
. i~~ê~iê~ing/selection of the candidate.
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~i:~~~j~í~endatio~ is that a c~mmittee of various individual.s is forme~. The more
11'1,"M~~'M~m.ent the resIdents have m the process, the more "buy m" there wIll be for the
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c~~iq~~e selected. Although it may be controversial, I would recommend placing at
leåstône representative from the College on the committee. If the Council foresees
the new Chiefto"be active in Resident/College relations, this is th~perfect time to
start that relationship building.
Please give me any feedback you have on the profile and job description. The ads
are running in the Sunday paper with a deadline for submission of November 15.
We have pl~inty oftime to make changes.
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· I Sf Joseph, Minnesota
Police Chief
i Position· Profile
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TheCommun~ty
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The qty of St.Joseph is in Stearns County in a flourishing central Minnesota community of 4.650
locatecl on Highway 75,just seven mìles wesfof St. Cloud and one hour northwest ofthè Twin
Cities Metropolitan Area. The locationis particularly appealing tothosewho prefer to live a~d
work ib a stnall town setting yet have quick access to the amenities found within a larger "
metropølitanarea. A steady, controlled residential growth has occurred in St. Joseph and the '.
community positioned for added commercial and industrial development. Technology companies
in St. Jçseph include DBL Labs Inc. and MCO Lens Crafting, W. Gohman construction, Best Way
Fabricating, Accu Serve Data Processing Services, VicWest Steel, Metro Plumbing and Heating,
Sunset Manufacturing, Scherer & Sons Trucking and the First State Bank of St. Joseph are major
employçrs, as is School District #742. Numerous commercial and service businesses provide the
needs of area residents.
(Among St. Joseph's more prominent characteristics are The College of St. Benedict, and
theSt. Benedict Monastery. The CollegeofSt. Benedictfor women and St. Johns University for
men are ~iberal,arts schools founded by the Benedictine religious community. St. John's
University is located three. miles west of ST. J?sephin Collegeville." The College of St. Benedict
and the ~t. Benedict Monastery are among the City' s.l~rgest employers accounting for nearly600
· jobs. The CollegeofSt.Benedict supports one of the most successful women's athletic programs
in the ,co~try. The Benedict Arts Center provides the. community with cultural activities
including visual arts, music, theater, and dance events. Residents of St. Joseph are also invited to
use the CQllege's pool, gymnasium, and Clemens library.
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R creation \
Located close to an abundance of wildlife, lakes, beautiful parks and trails, residents of St. Joseph
have endl~ss opportunities for outdoor recreation during all seasons of the year including walking,
bîking,cross country skiing, swimming,andgolfmg. LakeSagatagan, Lake Watab, Kraemer
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Lake, and the surrounding woods provide nature settings for recreational activities. St. Joseph's
public par~systems featuresplayground facilities, recreational and picnic areas. Millstream Park
has two lighted softball diamonds and an indoor shelter. Facilities and equipment in the park have
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been improyedthrough donations by local service clubs. Other parks include CenteIUlial park, the
Brian Klinefelter memorial Park, Northland Park, Monument Park, MemorialPark, and St. Joseph
Townshipp¡ark and Shelter.
communi~proi11otion and support is evident in 81. Joseph. Year around festivals organized by
the City, College, and civic groups are enjoyed by the entire community and include the Swayed
Pines Festiv~l, Spassand Speis Nacht, Millstream Arts Festival, and Community Interaction Day.
The City's s~rvice clubs, the c;hamberofCommerce, and the churches actively participate in
creatingspe9ìa1 community events such as the Fourth of July parade and celebration, Halloween
festivities, t11,e Dr. Kelly award for outstanding citizenship, and freshman orientation at the
College., CORE, aninfonnal organiZation comprised ofrepresentatìves from the city, Colleges,
Police, studeht body, and citizenry, was designed to keep open lines of communications within the
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Schools I Health Care
Within the City ofSt. Joseph are two elementary schools, one public and one private, Kennedy
Elementary School has an enrollment of approximately 450 students in grades K-4. St. Joseph
Laboratory School enrolls approximately 225 students in grades K-6. Public and private middle
schools and high schools are located in St. Cloud and the nearby Cities of Albany, Holdingford,
Cold Spring, and Sartell. A private high school is located at St. John's University in Collegeville.
The City of St. Joseph is served by modem medical facilities. St. Joseph Medical Clinic, Centra
Care facility, provides a wide range offamily care. Two dental clinics and two chiropractic clinics
serve area residents. The St. Cloud Hospital is a full service hospital located twenty minutes east
of St. Joseph.
City Services
Protective Services are provided by the St. Joseph Police Department consisting of six full-time
officers plus reserve officers. The St. Joseph Community Fire and Rescue provide first responder
service. The Department has 30 trained volunteers. .
City Services include water treatment and distribution, sewage collection and treatment at the St.
Cloud wastewater plant, refuse collection and disposal. The water system consists of wells. and ..
one water tower. Recycling services are provided.
The Organization
The City of St. Joseph operates under a Mayor/Council form of government with the Mayor
serving a two year term and four Council members serving four yearterrns. Council meetings are
held on the first and third Thursdays of each month.
The City employs 14 full time plus seasonal and part-time employees. Departments include
Administration, Police and Public Works. The Public Works Department consists of three full
time workers and a Director. Water, wastewater collection, streets and parks activities are under
the Public Works area. In 1997, the City established and Economic Development Authority with a
separate Board of Directors and a full-time Director. Legal and Engineering services are provided
by consultants. The General Fund budget is $1.3 million.
The Position
The Police Chief directs the operations of the police department to ensure that the department's
mission of the prevention of crime, protection of life and property, preservation onaw and order
and the detection and arrest of offenders is fulfilled. Specific duties include:
. Implements a program of law enforcement and public service which will engender the
respect and confidence of citizens, preserve law and order and protect life and property.
. Clearly defmes and interprets department rules, regulations and operating policies for all .
assigned personnel to ensure consistent understanding and compliance with such policies
throughout the department.
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· · \ Delegates responsibility and commensurate authority to department officers in a manner
which wí1l remove uncertainty about their assigned responsibilities and the level of
\ performance excepted.
· Conducts routine tours and inspections of police beat to keep abreast of developments in
! the City and evaluate the performance of assigned officers. .
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· \ Plans and directs an in-service training program designed to maintain officers' awareness
\ of changes in laws and individual rights in order to ensure fairness, and impartiality in
\ carrying out law enforcement activities including, but not limited to: orientation and
training for new patrol officers.
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· ¡ Personally performs police work activities on a regular basis and provides direct
\ assistance in investigations. i
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· \ Develops and implements various crime-prevention programs in a manner which will
'I build community support and understanding of the needs for such activities - Continually
¡analyzes crime patterns throughout the City as the basis, for planning a prevention
\, program with good chance for implementation and success.
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· i, Prepares and submits a sound and documented budget for the department and controls
¡,expenditures within budgetary limitations.
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· ,Complies and submits regular reports to the City Council and makes presentations at
· \meetings to provide and accurate picture of law-enforcement and public service activities
feing provided by the department.
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· Maintains an on-going contract with other police departments in surrounding jurisdictions
As well as metropolitan professional police organizations to keep abreast of new training
procedures which will have application in 8t. Joseph. Keeps up to date with current
developments in the field of police administration through a ,program of reading,
attending seminars and other activities as appropriate.
· Recognizes and accepts opportunities to address various civic groups on important
akpects of police with in order to broaden understanding and cooperationthroughout the
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communIty.
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· Maintains and fosters relationships with the College of8t. Benedicts and 8t. Johns
U~iversity; including but not limited to: serving on the CORE committee and. attending
otþer related meetings as, requested.
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· R~views the job performance and conducts evaluations of the performance of the patrol
officers and the department administrative assistant.
· seles as court liaison, to include but not be limited to: delivery of appropriate paper
wJrk or requested information to prosecutor, appearances at arraignments as requested by
theicourt of prosecutor, monitors the disposition of cases and assure the proper filing of
the',records of disposition, serve court subpoenas for criminal matters as requested by the
pro~ecutor and assures that the reports and otherrecords prepared by the officers with
respect to incìdetlts meet the established standards of the courts and prosecutor.
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· · Op~ortunities are taken to promote a favorable image of the department and create good
pUb'ic relations through civic groups and other presentations in the community.
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· Ensures provided services consistently command the, confidence and respect of the ·
community.
Background and Experience
· The Police Chief should possess a Bachelor's Degree in Police science, law enforcement,
criminal justice, public administration or a closely related field.
· Eight (8) years experience in police work, three (3) years of which must have been,in a
supervisory capacity in a department of comparable size.
· Completion of the basic law enforcement training academy or equivalent
· An equivalent combination of education and experience.
Position Priorities
. Meet with community leaders, college representatives, civic groups, and business leaders
to learn more about relationships and issues in 81. Joseph. Make every effort to be visible
and accessible to citizens.
· Examine staffmg levels and department structure and make changes accordingly.
· Enhance communication among the staff.
. Continue and maintain cooperative relationships with the colleges, 81. Joseph Township, ·
nearby cities, and the county.
. Enforce the observance of the rules and regulations of the Police Department, and assure
that the officers are acting in conformity with the established policies and procedures.
Announcement
Police Chief - St. Joseph, MN (pop. 4,650). Starting Salary $32,281 to $44,180. Position
reports to Clerk/Administrator and responsible for department of 6 full time sworn
officers, 4-5 reserve officers and an administrative assistant with an annual budget of
$425,000. Prefer bachelor's degree in criminal justice, police administration or related
field, plus 8 years police experience with three to five years in a responsible supervisory
position. Advanced management programs a plus. Years of relevant supervisory
experience and/or advanced study programs related to police work may be substituted for
education requirements. Desired experience includes community policing programs,
collaboration with institutions of higher education and student related issues, working
with neighborhood and business associations etc. City application required. 21 First
Avenue NW, POBox 668, St. Joseph, MN 56374, 320-363-7201, emaíl:
CariStJoe(a¿aol.com. Deadline: November 15,1999.
Timetable
11/15/99 Deadline for Application
12/10 Interviewsl Selection ·
1/10 Background Investigations
2/1 Start Date
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. I POSITION DESCRIPTION
PositiþnTítle: Police Chief
Department: Police
Accountable to: Mayor, City Council, and Clerk Administrator
Status: Exempt
PRIMARY OBJECTIVE OF POSITION
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o provide effective\leadership in the planning, development, implementation and evaluation of
t'c, 0 mp ,r,ehen, siv.e,"'f;air".,an,dl·m ,part l'alla,w -e nfcorc em, e,nt program, W',hiChW I' II cont inu a lly,d.em, and ,the
espect and confiden~e of S1. Joseph citizens.
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$UPERVISION REGEIVED
works.underthe gen~ral guidance and supervision of the Cle& ~Adnrinistra!or.
UPERVISION EXERCISED
... xercise$ supeMsion\over alIPo!ice DepaØnen! Staff.
ESSENTIAL DUTIES AND RESPONSIBILITIES
· Implements a programoflawenforcement and public service which will engender the
. respect and cQ*fidence of citizens, preserve law. and order and protect life and property.
· Clearly defines and interprets department rules, regulations and operating policies for all
assigned persoirel to ensure consistent lli1derstanding and compliance with such policies
throughout the ~epartment.
· Delegates resP9nsibility and commensurate authority to department officers in a manner
which will fem?ve uncertainty about their assigned responsibilities and the level,of
performance expepted.
· Conductsrouti~etoursand inspections of police beat to keep abreast of developments in
the City and ev~luate the performance of assigned Qfficers.
· Plans anddirectk an in-service training program designed to maintain officers' awareness
of changes,inlafs and individual rights in order to ensure fairness and impartiality in
carrying out law\enforcement activities including, but not limited to: . orientation and
training for new patrol officers.
· PersonallYP,erfonn, s police work.activities on a regular basis and providesdirect
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assistance in investigations.
· Develops and implements various crime-prevention prograIIlsina manner which will
build communitY¡ support and understanding ofthe needs for such activities- Continually
analyzes crimep~ttems throughout the City as the basis for planning a prevention
programwithgoód chance for implementation and success.
· Prepares and subipits a sound and documented budget for the department and controls
expenditures witWn budgetary limitations.
. . Complies and sub,mits regular reports to the City Council and makes presentations at
, meetings to provi4e and accurate picture of law-enforcement and public service activities
being providedb~ the department.
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· Maintains an on-going contract with other police departments in surrounding jurisdictions .
as well as metropolitan professional police organizations to keep abreast of new training
procedures which will have application in St. Joseph. Keeps up to date with current
developments in the field of police administration through a program of reading,
attending seminars and other activities as appropriate.
· Recognizes and accepts opportunities to address various civic groups on important
aspects of police with in order to broaden understanding and cooperation throughout the
community.
· Maintains and fosters relationships with the College of St. Benedicts and St. Johns
University; including but notlimited to: serving on the CORE committee and attending
other related meetings as requested.
· Reviews the job performance and conducts evaluations of the performance of the patrol
officers and the department administrative assistant.
· Serves as court liaison, to include but not be limited to: delivery of appropriate paper
work or requested information to prosecutor, appearances at arraignments as requested by
the court of prosecutor, monitors the disposition of cases and assure the proper filing of
the records of disposition, serve court subpoenas f?rcriminal matters. as requested by the
prosecutor and assures that the reports ,andotherrecòrds prepared by the officers with
respect to incidents meet the established standards of the courts and prosecutor.
PERIPHERAL DUTIES .
· Assumes other responsibilities as apparent or as delegated.
· Ensures established programs for law enforcement and public service are achieved and
implemented.
· Opportunities ,are taken to promoteafavorableimage of the department and create good
public relations through civic groups and other presentations in the community.
· Ensures provided services consistently command the confidence and respect of the
community.
DESIRED QUALIFICATIONS
Education and Experience
(A) Graduation ,from a college or university .with a bachelor's degree in police science, law
(B) enforcement, criminal justice, public. administration ora closely related field, and
Eight (8) years of experience in police work, three years of which must have been in a
supervisory capacity in a department of comparable size.
(C) Completion ofthebasic law enforcement training academy or equivalent, or
(D) An equivalent combination of education and experience.
NECESSARY KNOWLEDGE, SKILLS ANDABILITIES
(A) Thorough knowledge of modem lawenfon;ement.principles,procedures, techniques,and
equipment; Considerable knowledge of applicable 'laws, ordinances, ,and department
rules and regulations; .
(B) Skill in the use ofthe tools. and equipment listed below.
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· (C) Ability to ticain and supervise subordinate personnel; Ability to perfonn work requiring
good physical condition; Ability to communicate effectively orally and in writing; Ability
to establish \find maintain effective working relationships with subordinates, peers and
supervisors;IAbility to exercise soundjudgmentin evaluating situations and in making
decisions; Ability to give verbal and written instructions; Ability to meet the special "
requirement~ listed below;
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SPECIAL REQUIREMENTS
I(A) Müst po, sses,,' or be,. able tq obtain by time of hire, a valid State Driver's LÎcensewit46ut
record of suspension or revocation in any state;
(B) Ability to mtjet Department's physical standards;
CC) Basic law enforcement training certification or equivalent.
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OOLS AND EQUIPMENT USED
olice. car, police radîo, radar gun, handgun and other weapons as required, sidehandle baton,
andctiffs, breathahlyzer, pager, first aid equipment, personal computer including word
yocessing software. \
p¡HYSICAL DEMANDS .
]he physical demand~described here are representative of those that must be met by an
e ployee to successfttlly perfonn the essential functions of this job. Reasonable
a commodations maYlbe made to enable individuals with disabilities to perfonn the essential
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vI ile perfonning the ~, utie, s of this job, the employee is ftequently required to sit and talk or
hear. The employee ispccasionally required to stand; walk; use hands to finger, handle, or
o~erate objects,contro~s, or tools listed above; reach with hands and arms; climb or balance;
stfP' kneel, crouch, or crawl; and taste or smell.
T~e employee must ocbasionallYJiftandl or move more than 100 pounds. Specific vision abiliti~s
required by this job inc~ude close vision, distance vision, color vision, peripheral vision, depth
pelception, and the ability to adjust focus.
W~RK ENVIRONME~T
ThJ work environment characteristics described here are representative of those an employee
encf,unters while performing the essential functions of this job. Reasonable accommodations
maY~be made to enable ~ndividuals with disabilities to perfonn the essential functions.
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Wh Ie, perfonning the d4ties oHhis job, the employee ftequently works in outside weather
con" itions. The employ~e occasionally works near moving mechanical parts; in high, precarious
pla'fs; and. with eXploslyes and is occasionally exposed to wet and/or humid conditIons, fumes
or ,rbomeparticles, toxIc or caustic chemicals, extreme .cold, extreme heat, and vibration.
The oise level in the wo1rk environment is usually moderate.
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SELECTION GUIDELINES .
Formal application, rating of education and experience; oral interview and reference check; job
related tests may be required.
The duties listed above are intended only as illustrations of the various types of work that maybe
performed. The omission of specific statements of duties does not exclude them from the
position ifthe work is similar, related or a logical assignment to the position.
The job description does not constitute an employment agreement between the employer and
employee and is subject to change by the employer as the needs of the employer and
requirements of the job change.
Approval: Approval:
Supervisor Appointing
Authority
Effective Date:
Revision History:
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FROM: TH~ ST JOE3EPH POLICE DEPARTMENT
fO: BAR OWNERl
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DI::AR BAR OWNEff,
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IN THE MOUTHqF _SEPTEMBER_1999, AT YOUR BAR_SAL'S
HE FOLLOWING I,ARRESTS WERE MADE:
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NDERAGE IN A.BAR _3_
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rNDERAGE CONSUt1PTIONJPOSSESSION_7_
!OSSESSION OF FAKEJANOTHERS DRIVERS LICENSE
. jHIS IS FOR YOYR N~ONMAT ON. ANY ACTIONS BY THk CJTY
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OUNCIL WILL BE HANDLED SEPARATELY, FE~L FREE TO CONTACT
¡HIS. DEPI1RTMENi lF YOU HAVE ANY QUESTIONS REGARD1NG THESE
f.iRRI::. ;-:¡TS&
R SPECTFULL Y, I
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C~I EF OF r-'OL I CE!
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~ROM: TH~ST JOSEPH POLICE DEPARTMENT
fO: BAR OWNER
DEAR BAR OWNER,
IN THE MOUTH OF _SEPTEMBER_1999, AT YOUR BAR _LA PLAYETTE
THE FOLLOWING ARRESTS Wt.RE MADE:
UNDERAGE IN A BAR _2_
UNDERAGE CONSUMPTION/POSSESSION
POSSESSION OF FAKE/ANOTHER~ DRIVERS LICENSE
THIS IS FOR YOUR INI-OkMATION. ANY ACTIONS BY TH~ CITY ·
COUNCIL WILL BE HANDLED SEPARATELY. F-E£:.L FREE TO CON1ACT
THIS DEPARTMENT 1 F YOU HAVE ANY QUEST IONS REGARl>lNGTH£:.SI:-.
ARR£:.fn S.
R~SPECTFULLY ,
BRAD LINDGREN
CHIEF m.. POLICE
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ACTI~NS OF THE NORTHSTARCORRIDOR DEVELOPMENT For more
AUT ORITY (NCDA)ÅT THE SEPT. 2, 1999 MEETING: information,
Th 'NCDA d h!· d d .J . F ., , contact:
· e approve t e recommen e statIOn ocatlOns. ourteen statIOn SItes
w~rsel<cted for further "aly.is in the Environmental Im"""t StaJen¡ent and for A ka C ty
syst~m and site development. They are:, Rice, St. Cloud Downtown,St. Cloud East, no .' oun ,
Clear Lak~, Becker, Big L~ke! Elk Ri~er, Ram~ey, Anoka, C~on.Rap.ids.Riverdale, Tim Yantos
coof RapId s-F 0 JeYB,lVd "",F, ndle Y.,MI.n ne a polIs -NE, and Mill neapol IS,D own., tow, n. 61232 '3 5692
Two station locations are unresolved and require further analysis: I) Rice and - -
Dow town St. Cloud and 2) Anoka 4th Ave. and Coon Rapids-Riverdale.
I, ,Benton County
· The NCDA approved the TH 10 / TH 47 roadway and river bridge alternatives to be Rick Speak
evalu~ted. in the MIS. Components of the roadway and bridg~ a~ternatives include signal 320-968-5001
coordmatIon,access management, and several. types of capacIty Improvements.
· The ~CDA approved propoied Amendment No.1 to the Joint Powers Agr.eement Hennepin
Estab~iShing the NCDA. The amendment revises the Agreement by: 1) expanding the County
purpo " e of the Agreement to'i develop the commuter rail project through construction, ,
2) cIaifying the duties and powers of the NCDA to enter into an agreement with MnlDOT, Gary ErIckson
3) estJbIishing anew Capital Budget Committee, 4) cIarifyingthat it is not the intent of the 612-348-4182
NCD1to opera~e,orfin~nce rheoperationsofc0l!lI?ut~r r~iI, ~d 5) including Morrison
coun~as an elIgIble umt of government for partIcIpatIOn Ill. thIS Agreement. The
r ecom ". ended changes .t 0 the I,A, gr,eement must be a,p proved by eaCh. member 0 f the NCD A. Sherb oroe
Decisi ,ns from the respective governing bodies are expected in December 1999.. County
h D d h I "'" ' f L' d . &' T ·d I I ·1 d David Loch
· TeN A approve t e se echon 0 III qUIst vennum to proVI e ega servIces on an
use and environmental issues.i Lindquist & Vennum will assist the NCDAin developing land 612-241-2703
use tools which could be used! by member cities, towns, and counties to protect the Northstar
Corrido[ and potential station ,locations ITom premature or conflicting development
initiatives. I 'Wehsite:
· The N1\, A approved the recoLmendation by Chair Wergin to appoint Tim Yantos to serve http://
on M.,O 1" s Twin Citie SCom,'""."muter Rail Steering Committee as a representative of the co,sherbume.mn
NCDA. , : .us/northstar
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INFORMtTION ITEMS:¡ Next NCDA
· As part of the NCDA'scontrac~ for public information services,Shandwick Research Meeting:
IntematiÓ~al recently conducted a commuter rail' survey on behalf of the Northstar Corridor Thursday
project. Survey results were baSed on telephone interviews with a randomly selected sample 0 t b 7'
of500 adr.lts within the counties of Anoka, Benton, Hennepin, Sherburne, Stearns, and, co, er .'
Wright, W\hO lived within a five~mile radius of the Northstar Corridor. . K, ey fi.ndings indicate 1999, 4:30 P, .m.,
that more than half of the respOl,/dents (56%) had heard of the Northstar Comdor commuter h
rail project, primarily through the media, Overwhelmingly (from 66.7% in Anoka County to at t e
83.8% in Steams County), respondents believed that commuter rail connecting Minneapolis Sherburne
to St. Clo~d is a good "idea. The survey indicates strong support for the Northstar Corridor County
commuter] rail project, but the fiQdings also indic~te an opportunity for the NCDA to expand . ',' .
its public mformation efforts. There is a need to create additional awareness of the Northstar Courthouse,
Corridor c~,m, muter rail project '"'.,."".d to educate people 0u the ben.rots of commuter rail as an Elk Rive' MN
altematiye fode of transportatio? .. ,.
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. ST~ARNS COUNTY DEPARTMENT OF HUMAN SERVICES
!: ,', ,GATEWAY SERVICES DIVISION
HOMELESS ÇONCERNS GROUP MEETING MINUTES
, September 28, 1999- 8:30 a.m.
St. Cloud City Hall - 3rd floor Meeting Room
PRESENT: ¡
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James Broda 'I V A Medical Center, St. ,Cloud
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Larry Campbell St. Cloud School District #742
Mary Jo Cobb Sherburne County Social Services, Elk River
Phyllis Collins Salem Lutheran ,Church (Director of Ministries)
Jan Dahl Bethlehem Lutheran Church
Cheryl Dick ¡ St. Cloud School District #742
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Margaret Domera \ Sartell
Paula Engdahl ' Human Rights Office, City of St. Cloud
Major Alan Fones i SalvationAnny
Patti Gartland Planning Office, City of St.· Cloud
Larry Haws Steams County Commissioner, l't District
Renee Hendricks Steams Co. Human Services, Gateway Services Div. Director
Les Henson i St. Cloud HRA
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William Hepler , Path Recovery Center, St. Cloud
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Ken Hiemenz Mayor, City of 81. Joseph
Toby Horst St. Cloud
, Saul< Rapids
Jennifer Kurash I
. Michael & Carol Lai~law Path Recovery Center
KatherineLawrence I Central MN Mental Health Center (Detox, Crisis Center Nurse)
Barbara Ludwig 1 Share-A-Home, Catholic Charities
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Jan Luoto , Steams County Human Services, Gateway Services Division
Michelle Madison St. Cloud HRA
Suzanne Makara Love of Christ Church
Kirsti Marohn " St. Cloud Times
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Ralonda Mason 81. Cloud Area Legal Services
Ruth Mestnik Steams County Human Services, Gateway Services Division
Marge Moore Parish Nurse,' Salem Lutheran Church
Martin Nier Advocate for Homeless
Janet Reigstad Steams Co. HUlI1an Services, Community Supports Div. Dir.
David Reiter First Presbyterian Church
Nancy Rossman Central Minnesota Mental Health Center
Rod Sanchez St. Cloud HRA
Cathy Sauer Sauk Rapids
Jolene Simmons I Stand Down, St. Cloud (Needy-Homeless Veterans)
Pastor Carol Jean SmitlÎ Place of Hope Ministries, St. Cloud
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Sherry Smolik-Day Violence Prevention Council, City of S1. Cloud
Charlotte Stephens Unitarian Universalist Fellowship
~ary Surowski St. Cloud
Christine Treichler I SCSU Social Work Association
oy Warzecha" Ii First Call For Help
TRODUCTIONS:\
. enee Hendricks, 'Gat~way Services Division Director, Steams County,.Departrnent ~f Human
ervices,called the Homeless Concerns Group meeting to orderat8:30 a.m. She introduced
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~erself and asked everyone to use the sign-up sheet, as .those attending for th~ first time will be
a ded to the, mailing list. Renee asked everyone present to introduce themselves, the agency
t ey represent or their ¡pterest.
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REFINE AND DEFINE PURPOSE: ·
Renee explained it would be beneficial to refine and define our purpose in meeting. The
Human Services Department shares,theconcems about. the shortage of shelter . for the
homeless last winter. This year, we are seeing an increase in, the number of homeless
anticipated to need shelter.
Les Henson, St. Cloud HRA, stated St. Cloud is a recipient of HUD block grant funds,
which requires completion of a five year development plan. The HRA must identify
homeless needs and establish components to define where the shelters are and how many
will be needed within that period of time. 'The.HRAhired a Maxfield Study tobeqone
on homelessness. The city has partnered with nonprofit agencies and providers/advocates
that made development of shelters possible. The HRA and the City of St. Cloud are now
entering a planning phase for the next five year plan. It is intended to reconvene the
community committees that looked at barriers to fair housing. The third major
component, determining and prioritizing gaps in the. continuum of care homeless, system,
involves this group. Les distributed a "Guide to Continuum of Care Planning and
Implementation" from the U.S. Department of Housing and Urban Development(HUD).
He stated the Continuum of Care Plan is a commuqity plan to organize."and .deliver
housing and services to meet the specific needs of people who are homeless as they move
to stable housing and maximum sel(-sufficiency. It includes action steps to end
homelessness and prevent a return tohomelessness. There are resources that can be ·
accessed, but this process. requires the participation of all the key players who are
working with the homeless, such as social service agencies, and government agencies
who can help with zoning requirements and other legal needs. We need components of a
shelter, if not a new shelter. We haven't addressed the homeless, needs of. HIV or
homeless veterans. Twenty to 30% of the homeless are veterans. They may have
funding that could provide facilities for the homeless. In the past, we have had difficulty
establishing a relationship to form a plan to obtain housing for them. To do this, we need
to work with the Veterans Administration.
The BRA is proposing to form a .. Community Committee that will work on the
development of a continuum of care plan. Les will use a copy of the registration for this
meeting as a contact mailing list. This· committee will identify a structure , and legal
approach. A strong coordinator is' needed to guide, the group through the long, term
planning process. This plan doesn't address the needs of the County for short term
problems, but in the long term, it will address the needs of the homeless. The final.plan
will not be in a mission statement form, but will give a direction to go~ The ultimate
Community Committee will ,be appointed' by the Mayor. ,Martin Nier asked what will
happen this winter. Les stated the talking so far has created three new shelters for the
community. Continued talking will result in, more plans to addressnéeds of the
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homeless. Les is here to address the short-term needs; churches are one component and
government, existing shelters, etc., are a network of players to discuss the issues. The ·
question was raised whether homeless youth (unaccompanied youth) are not allowed into
the current shelter, unless 'accompanied by an adult. Youth is defined as those under the
age of 18 and must be accompanied by an adult at shelters.
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Les stated he'ldoesn't have the answers to homelessness, . but would like.to get into the
issues .h1oreigermane to the existing~immediateneeds already out there. Renee
Hendricks stated one of the benefits has been the growth of the components involved" not
only governm'ent,.·area. service agencies, but churches and, other interested ·groups.I,We
have short-terin needs and long-term needs which will be met through a continuum of
care plan. Martin is concerned with '~troubled youth" and states they ,wilI telI you what
life is like out ¡lion the street. Renee Hendricks stated this is one of the unmet identified
needs, which need to be addressed in long and short-tennneeds.
ASSIGNMENT UPDATES:
Renee stated at the September 16, 1999 meeting, assignments were made. She asked
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those members ¡for feedback on their progress. Patti Gartland stated she has started the
collection of information from, Hennepin and Ramsey Counties. She andcìty staff will
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meetnextweekto discuss the zoning ordinance, and hope to have arequestto change the
ordinance on the Planning Committee agenda the second week in October, 1999:
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Pattihas structUred a smaller group to begin drafting an amendment to the ordinance.
The Hennepin County church of the week program only addresses the needs of families
who are homele§s. A Mayor's Declaration of Emergency would have to be ,looked at
legally to see what the, options are in an emergency situation. Churches are being asked to
. consider offeringtemergency shelter for one week at a time this winter. . One person felt it
is putting a lot of responsibility on churches, as these people need to have trained staff
with them; e.g., t6 deal with the chemically dependent and those with violent behaviors~
Renee stated at previous meetings, discussion involved the need to have staff available to
assist the church ~olunteers, if utilizing churches as shelters is adopted as a model.
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At the August 23, \1999 meeting, Martin Nier indicated the overflow be sent to the V A for
housing.. At the Sbptember 16th meeting, Martin put forth a position paper for a team of
3, people trained ip. dealing with the homeless, to go to the National Guard, for cots,
blankets and a breathalyzer. These supplies would then be sent' trom church to church.
Without this guar~tee of cots, blankets and trained staff, churches would be foolish to
provide shelter. If church volunteers could prepare a meal, this would be. a plus.
Discussion at the l~st meeting included a zoning impediment and other issues. Martin felt
the Mayor could.dbcl~e an emergency and if we had a planin place, declare churches
exempt trom the or~inance for the week they are sheltering and feeding the homeless.
SEATTLE PROGRAM: .
Janet Reigstad, stated Bev Altstatt, supervisor in the Community Supports Division, has a
fontact in the Eastsi~e Interfaith Social Concerns Council in Seattle, who sent brochures
regarding their shelter program. Janet distributed the brochures, which desc\ribetheir
tission and "Congregations for the Homeless" emergency housing program.. The
. rogram contracts wi.th Catholic Community Services to provide for a half-time manager.
Ralonda Mason aske¡d if weare looking at the Seattle Plan for the long-term, or short-
lrin solution. It seems a mistake to use something for a short-term plan and put money
, d time into it, which will make it harder to replace it with anotherlong-term plan.
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Patti Gartland perceives this plan to be a short-term and a long-term plan. We will ·
always face the temporary shortages of shelter and require a plan to address those needs.
Janet stated there is more to the Seattle program than temporary shelter. There seems to
be a long-term plan in place. Martin feels the supply will never keep up withthe demand.
There, was a question .if St. Cloud State University has been asked, about using their
facility. Ruth Mestnik replied they are involved in the Y2K plan, but not with this plan.
Chaplain Michael Laidlaw stated he and, Carol were invited to a meeting of the
Ministerial Association. They distributed copies of Martin's plan to representatives to
share with their churches. They need time to get the information to their congregations.
No feedback has been received from churches at this time.
Phyllis contacted ,,11 Lutheran, Methodist and Catholic Churches to explain " the basic
concept of providing temporary shelter to the homeless during cold weather. Shestated
the churches were very receptive, but were concerned with safety and security. After
these details are worked out, she feels they will be willing to assist in sheltering. the
homeless. There is a need for trained staff who would assure that homeless people are
treated with courtesy and respect Salem Lutheran Church provides meals for this
population. Phyllis felt insurance would have to be ,approved by the Church Board.
Renee stated it will take funding to develop any plan to provide shelter. Martin feels a
plan with Standard Operating Procedure,s and a set of rules must be in place. The person ·
must follow the rules or be turned away. He stated, "When it is cold, they will agree to
the rules, just to stay inside". We need· to have a plan, which includes cots,. blankets,· a
schedule, and an organization to provide' the staffing and coordination for rotation at
churches. Martin feels shower and washing facilities· should be part of the shelter plan.
Parish councils meet monthly and it will take time to discuss with their congregations.
Major Fones, Salvation Army, offered the services of a staff person for mentoringand
three paid staff to oversee the staff working at the church shelters if funding is available.
He questions· if the number of homeless should be as. high as 40-60 extra people. 'Martin
asked if "kids on the street" will be included in shelter plans. Renee feels we need to
identify where these youth are. We would have to address finding a place for them.
Martin felt the county is spending a large amount of money to·'''put people up in hotels
and motels", Renee stated since January 1, 1999, about $3700 has been spent to put up
homeless people in hotels.
Barb Kilanowski, St. Augustine's Parish, is looking at how to best utilize their empty
rectory building. It was designed for housing and group use, rather than single use, but
may be a possible community resource in the long-term plan. Catholic Charities has
spoken with her; they are vested in GRIP and other resources. She has not sp<;>ken with
the Bishop directly.
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. MISCELLANEOUS:
Renee stated ~eneed to form subcommittees to 'discuss the issues in<more detail. She
wouldJike to discuss. ideas that new members, such as GRIP, have to offer. A person
representing GRIP shared her appreciation thatlookingat homeless needs is being done.
Renee feels subtomri1ittees should begin meeting on a regular basis as soon as possible.
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Patti Gartland s!tated · the ordinance they are structuring will. involve county buildings,
e.g., county gov~rnment center's lobby gets opened up and other ,county/city buildings ill
be looked at as resources for shelter, not just the churches. Itmakes sense for county/city
buildings to be ¡¡considered as possible shelters .for, this winter, on a short-term basis.
Renee stated that, Stearns County.. does have· a plan for shelter, if the persons meet our
vulnerability and financial criteria. Hotels and/or motels will be used as a resource. A
GRIP representat~ve stated this should be a first priority within the city.
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Carol Laidlaw st~ted after the news cast, no one called to help 'a homeless person, who
still had to sleep 'in a .car that night. With the County helping him, he is now receiving
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assistance through a Mentat Health Center program. Chemically dependent people who
have been drinkirig have nowhere to go, except Detox. They state they have to have a
drinkjusuo comÿ to Detoxand have a place to sleep. ,This is also costing the county
money. MartinfeIt establishing "wet houses" would make us enablers, and we don't
. want to go there. . People on the street know they will have, to be clean to stay in a shelter.
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Michael Laidlaw ~tated they served '182 people in overflow situations, sleeping on cots
and. on the floor. There were only lout of 6 people that met the criteria. The rest were
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not paid for. He feels, Stearns County is meeting the. needs of these people with their
budget; to put people up in hotels and care for their needs. There are still many other
people who don't meet their criteria, but need to have their needs met. They may be able-
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bodied adults who ¡have resources to provide for themselves and don't meet our criteria
for vulnerability. I-Iowever, shelters and churches may have different criteria for letting
people stay. Renee!1 stated that even if we don't house them, we try to connect them with
resources in the cOlr1munity who. can help them problem solve to find housing. Michael
followsGod's love,;whether they have been there 21 days, have alcohol on their breath or
other issues. He knows the city and county have criteria, but there is a need for those
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people to have a beq. He feels every form of society and humanity deserves to sleep in a
bed, notin a chair.. \
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COMMITTEES AND VOLUNTEERS:
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r mance ommIttee:
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~tti Gartland andci,ty staff are working on a zoning ordinance amendment. ; .
\ eneral Steering Committee:
. ~enee asked about the formation of a general steering committee; staffing and security
committee members\~hould be on the general committee. Sherry Smolik-Day agreed,
s ggesting that members of subcommittees meet. together as the General Committee to.
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S are In ormatIOn.!
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Staffing & Security Plan Committee: ·
Nancy Rossman, Major Alan Fones, Pastor Carol Jean Smith, Major Alan Fones, Toby
. Horst and Phyllis Collins/Jennifer Kurash, representing Salem Lutheran Church.
. Phyllis Collins would like to work with Renee to draft a letter to churches to form a
Church committee and . have a speaker for the church group when they meet.
Notes: Ralonda Mason feels churches should be brought together to discuss. homeless
shelter issues. Janet Reigstad and, Patti Gartland stated churches should be involved in the
development of a plan. Suzanne Makara, Love of Christ Church, stated she has' nothing '. to
take back to her church at this point, but IS interested in serving on a subcommittee. .
Transportation/Cleanint: Committee:
Michael Laidlaw, Path Recovery Center, Suzanne Makara, Love of Christ Church
Unaccompanied Youth'Committee:
Mary Jo Cobb, Sherburne County Social Services, RalondaMason, St. Cloud Area Legal
Services, Ruth Mestnik, Stearns County Human Services
Funding Committee:
Rod Sanchez, St. Cloud HRA, Mary Jo Cobb, Sherburne County Social Services
Renee Hendricks or Ruth Mestnik,Stearns County Human Services
Sandy Lambertson, Benton County Human Services-SS Unit
Ralonda Mason feels the need to bring the interested. churches together, to discuss, the ·
security and. staffing plan and be. comfortable with it. ... Larry Haws stated, "You have to
make the church comfortable, but you also have to make the neighborhood comfortable".
GRIP is dealing with affordable housing and housing discrimination, not urgent, night-to-
night situations. There is a need for the group to network with GRIP. There is a meeting·
scheduled tonight at 7:00-9:00 p.m. at St. Cloud City Hall for the purpose of educating
entities involved, to communicate and create an awareness of the need for affordable
housing and bring to the attention of elected officials to share responsibility for housing.
NEXT MEETINGS:
General Steering Committee: A General Steering· Committee meeting was scheduled
for October 14, 1999, 1:00 p.m. at St~ Cloud City Hall in the third floor meeting room.
All interested people wanting to serve on subcommittees should attend this meeting.
Homeless Concerns. Group Meetint:: A meeting .of the entire Homeless, Concerns
Group was scheduled for Monday, October 18, 1999 at 3:00 p.m. in the Commissioners'
Room (109) at the Stearns County Administration Center, St. Cloud.
The homeless concerns group meeting adjourned at 10:30 a.m.
Respectfully submitted, \
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Dottie Martini, Administrative Secretary
Stearns County Department of Human Services.
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. Lea~ueof \Women Vote1?~ of the St. Cloud AreC1
L S-/:. Cloud, M inne~o-/:~
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tober 13, 1999 \
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K n Hiementz, Mayor \
2 1 NW 1st Avenue !,
S t. Joseph, MN 56374\
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Dr Ken, I
, I want to thank ~ou so very much for participating in the forum last Saturday morning,
October 7. We began planning the event early this past summer, and the committee put a great deal
0Qhought into the various components. Luckily for us every person we sought as a participant
a ¡epted our invitation, ~espite fall schedules that are so full for everyone. Consequently all the
is meshed, and we w~re enonnonsIy pleased with the ontcome.
I am happy that!,we used the format we did, because it was not our intent to pursue a public
. de~ate nor t()embarrasj any of the invited participants. I think we were successful in that regard.
Also the procedure allo led participants to place a great deal of information on the agenda and to
anster many important ~uestions. The result should be a significant addition to the general mix of
dis ussion going on in the community regarding various facets of the referendum. .
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Irrespective of the outcome of the November 2 referendum, you and all the members of the
panel are to be congratulated for spending an incredible amount of your time over the last many
mo ths educating the public about this important issue. Thank you for your public service!
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Jesst Harper, President!
221 10th Avenue South \ "
St. loud, MN 56301 I
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,.,c~ct.d pal'"
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