HomeMy WebLinkAbout2020 [07] Jul 06June 15, 2020
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Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Monday, June 15, 2020 at 6:00 PM in the St. Joseph Government Center, opening with the pledge of
allegiance.
Members Present: Mayor Rick Schultz, Bob Loso, Troy Goracke, Brian Theisen, Anne Buckvold
City Representatives Present: Administrator Kris Ambuehl, Community Development Director Therese
Haffner, Finance Director Lori Bartlett, Police Chief Dwight Pfannenstein, Public Works Director Terry
Thene, City Engineer Randy Sabart, City Clerk Kayla Klein
Others Present: Shawn Riesner, Mary Bruno, Matt Lindstrom, Ann Riesner, Mike Knaak
Approve Agenda: Loso made a motion to approve the agenda with the addition of item 4e. Letter of
Support; seconded by Schultz and passed unanimously.
Consent Agenda: Loso made a motion to approve the consent agenda; seconded by Buckvold and
passed unanimously.
a. Minutes –Requested Action:Approve the minutes ofJune 1, 2020.
b. Bills Payable – Requested Action: Approve check numbers 056295-056351 and Payroll EFT
#001929001931 and Accounts Payables EFT #111883-111889 and Regular Pay Period 11,
11.01, and City Council Pay Period 5.
c. Treasurer’s Report – Requested Action: Accept the May 2020 Treasurer’s Report as presented.
d. Donations – Requested Action: Accept the donations and contributions as presented.
e. Letter of Support –Requested Action: Authorize the Mayor to draft a letter in support of the
Stearns County Housing and Development Authority’s application to MN Housing for the
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rehabilitation of 125 10 Ave SE.
Parklet Proposal:St. John’s University Professor Matt Lindstrom spoke to the council regarding a parklet pilot
program. The request is to have a parklet in front of Krewe Restaurant. The grant has been awarded in the
amount of $1,000 and that grant will be matched by the Eugene McCarthy Center for Public Policy. During the
first week of June, eighteen downtown businesses were notified about the initiative and asked their opinion. All
of therespondents were supportive of downtown parklets. Parklet signage would note that the parklet is a
public space and not an extension of any business.
Schultz proposed having parkletsgo through an administrative process for approval and requested staff
research options.
Other concerns were costs,storage options,alternatelocations, and the elimination of parking spaces.
Schultz moved to table discussion on parklets and directed staff to research the permitting process for
parklets as well as come back with possible designs. The motion was seconded by Loso.
Aye: Schultz, Loso, Theisen Motion Carried 3:2
Nay: Buckvold, Goracke
Outdoor Event – La Playette: The La Playette requested the approval of an outdoor event for Friday, June
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19, 2020. The event would run from 6:30 PM – 9:30 PM. Because the music will cease by 9:30 PM, a
public hearing is not required.
Loso moved to approve the temporary outdoor music/liquor permit for the La Playette to have an
event on June 19, 2020 from 6:30 PM – 9:30 PM; seconded by Theisen and passed unanimously.
WAC/SAC Payment Deferral: Jon Petters requested an additional delay in the August 2020 WAC/SAC
payment due to COVID-19. The request is to have the payment made by December 31, 2020.
Loso made a motion authorizing the extension of the WAC/SAC August 2020 payment for the 24
North project to before December 31, 2020. The motion was seconded by Buckvold and passed
unanimously.
June 15, 2020
Page 2 of 3
Vendor Event Request: Staff was approached by resident Carl Berg who requested approval to have a
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vendor event on June 27, 2020 in the open area to the east of the Community Center. At this point there
are 12 vendors signed up. The event would compliment the City Wide Garage Sales.
Theisen moved to approve the vendor event for June 27, 2020 from 9:00 AM to 3:00 PM. The
motion was seconded by Loso and passed unanimously.
Cable/Video Conferencing Upgrades:Ambuehl presented two quotes to the Council regarding the cable
and video conferencing upgrades. In light of changes causedby COVID-19, the need for remote access
for both the Councilmembers and the public have increased. The quote also includes the addition of a
camera for the administration conference room and upgrading an additional spot for staff in the Council
Chambers.
Buckvold moved to approve the purchase and installation of equipment needed for upgrades to
the City of St. Joseph Video and Conferencing System; seconded by Goracke and passed
unanimously.
CR121 Light Pole Repairs: The decorative street light poles along CR121 have heaved this past year.
There are 11 poles that pushed out. To install concrete bases for a permanent repair would be
$19,800.00 and the funds are available in the street light utility fund.
Schultz moved to approve an amount to not exceed $19,800.00 to repair the light poles along
County Road 121; seconded by Buckvold and passed unanimously.
COVID-19 Preparedness Plan: Staff presented the COVID-19 Preparedness Plan and request the
Council allow City Hall to open on June 16, 2020.
Loso moved to approve the COVID-19 Preparedness Plan and having City Hall open to the public
on June 16, 2020. The motion was seconded by Theisen and passed unanimously.
Outdoor Summer Events: Staff has been working with the CVB to come up with summer events to help
out local businesses. The events would occur each Thursday in July. There will need to be road closures
to ensure the safety of the attendees. Staff recommends having the road closure be done administratively
as opposed to having Council approval for each one.
Theisen made a motion authorizing staff to process road closures administratively for the CVB
summer events in July, 2020. The motion was seconded by Buckvold and passed unanimously.
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Benefit Analysis Agreement, 20Ave SE Improvements: Loso moved to accept the proposal from
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Nagell Appraisal & Consulting to complete a benefit analysis of the 20Ave SE watermain loop
improvements. The motion was seconded by Buckvold.
Aye: Loso, Buckvold, Goracke, Schultz Motion Carried 4:1
Nay: Theisen
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Professional Services Agreement, 20Ave SE Improvements: Sabart presented the Professional
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Services Agreement on behalf of SEH for the design and construction phase of the 20 Ave SE
Improvements.
Loso moved to approve the Professional Services Agreement with SEH for the design and
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construction of the 20 Ave SE Improvements. The motion was seconded by Schultz.
Aye: Loso, Schultz, Buckvold, Goracke Motion Carried 4:1
Monthly Department Reports
Administration: Ambuehl reported that staff has been working to maintain city operations during the
pandemic.
June 15, 2020
Page 3 of 3
Community Development: Haffner reported the site plan and building permit review are nearly complete
for the Vista Apartments. An amendment to the Rural Residential District Ordinancewas approved by the
Planning Commission and will come before the Council in July. A revolving loan fund application will
come before the Council in July for Jupiter Moon Ice Cream.
Finance: Bartlett has been working with the ClearGov digital budget book. Initial setup is to be completed
by the end of June. The department is working on budget items and normal day-to-day activities.
Police:During this time the department has been working on catching up. Staff worked to document and
process old evidence for proper disposal. The number of ICRs have remained steady even during the
pandemic.
Public Works: Staff distributed 38 picnic tables borrowed from the Sisters and CSB. The tables were well
received from local businesses and residents. Disinfecting the buildings and equipment occurs on a daily
basis.
Mayor Reports: Schultz thanked City Administrator Ambuehl and Councilmember Theisen for their service
with the National Guard and the Stearns County Sherriff’s Department in assisting with the rioting in
Minneapolis.
Adjourn: Loso made a motion to adjourn at 7:28 PM; seconded by Theisen and passed
unanimously.
Kris Ambuehl
City Administrator
Council Agenda Item 4b
MEETING DATE:July 6, 2020
AGENDA ITEM: Bills Payable
SUBMITTED BY: Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: See below
BACKGROUND INFORMATION:
The council approved staff to make the following payments through the payroll contracts, regular
monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at
previous council meetings. The information here is to provide you all checks and electronic
payments made for verification of the disbursement completeness.
BUDGET/FISCAL IMPACT:
Bills Payable – Checks Mailed Prior to Council Approval
Check Numbers 056352-056412 $62,919.30
Reg PP 12, Reg PP 13, CC PP 6 $89,634.25
Payroll EFT #111890-111904 $84,674.69
Total$237,228.24
Bills Payable – Checks Awaiting Council Approval
st
1 Half 2020 Tax Abatement Payments $71,661.20
Check Numbers 056413-056427 $75,210.76
Total $146,871.96
Total Budget/Fiscal Impact: $384,100.20 Various Funds
ATTACHMENTS:
Request for Council Action – Bills Payable
Bills Payable – Checks Mailed Prior to Council Approval
REQUESTED COUNCIL ACTION:
Approval of the following:
Check Numbers 056352-056427
Payroll EFT 111890-111904
Reg PP 12, Reg PP 13, CC PP 6
st
1 Half 2020 Tax Abatement Payments
CITY OF ST JOSEPH
EFTs & Payroll – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
ACHPAYROLLREG PP 12, REG PP 13, CC PP 6 89,634.25
111890SENTRY BANK Employee HSA Contribution - Reg PP 12 1,487.91 101
111891EFTPS Tax Withholdings - Reg PP 12 5,478.60 101
111891EFTPS Tax Withholdings - Reg PP 12 6,678.68 101
111892COMMISSIONER OF REVENUE State Withholding - Reg PP 12 2,442.97 101
111893PERA Retirement - Reg PP 12 12,642.02 101
111894AMERICAN FUNDS 529 College Savings Plan - Reg PP 12 150.00 101
111894VOYA FINANCIAL Deferred Comp - Reg PP 12 1,510.00 101
111896MINNESOTA CHILD SUPPORT CENTERChild Support - Reg PP 12 154.13 101
111897SENTRY BANK HSA Contributions - REG PP 13$23,887.91101
111898EFTPS Tax Withholdings - REG PP 13, CC PP 6$5,661.75101
111898EFTPS Tax Withholdings - REG PP 13, CC PP 6$7,006.06101
111899COMMISSIONER OF REVENUE State Withholding - REG PP 13, CC PP 6$2,527.68101
111900PERA Retirement - REG PP 13$12,977.69101
111901PERA Retirement - CC PP 6$255.16101
111902VOYA FINANCIAL Deferred Comp - REG PP 13$1,510.00101
111903AMERICAN FUNDS 529 College Savings Plan - REG PP 13$150.00101
111904MINNESOTA CHILD SUPPORT CENTERChild Support - REG PP 13$154.13101
EFT Total 174,308.94
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
056352BROTHERS FIRE & SECURITY 2020 Annual Monitoring$450.0010145205300
056353CASEY, BRITT & DIANE Overpayment of Final Utility Bill$24.9860100000
056354CUTTERS LAWN SERVICE 3 Applications - Softbal Parks$900.0010145202300
056355DESIGN ELECTRIC, INC Sledge Pump Repair - WTP #1$95.0060149420220
056356EMERGENCY MEDICAL PRODUCTS,INCSupplies for Medical Bag - #6$250.5610542270210
056357EMERGENCY RESPONSE SOLUTIONS Replacement Handle for Nozzle on #1$47.6010542220210
056358GRANITE ELECTRONICS, INC Repair FD Pager$65.0010542250220
056359KWIK TRIP May 2020 Excise Tax Credit($1.47)10143120235
056359KWIK TRIP May 2020 Excise Tax Credit($1.47)10145202235
056359KWIK TRIP May 2020 Excise Tax Credit($1.47)60149440235
056359KWIK TRIP May 2020 Excise Tax Credit($1.47)60249450235
056359KWIK TRIP May 2020 Fuel Purchases$12.4110143120235
056359KWIK TRIP May 2020 Fuel Purchases$12.4110145202235
056359KWIK TRIP May 2020 Fuel Purchases$12.4160149440235
056359KWIK TRIP May 2020 Fuel Purchases$12.4060249450235
056360LIESER, TANYA Refund Millstream Park Reservation - 6/7/20$100.0010345202
056360LIESER, TANYA Refund Millstream Park Reservation - 6/7/20$7.6310145202
056361POWERHOUSE OUTDOOR EQUIP Supplies$49.9410145202210
056362SEH, INC 2019 Street Project - May 2020$10,322.5340743120530
056362SEH, INC 2020 20th Ave SE Feasibility - May 2020$939.3510143131303
056362SEH, INC Affordable Housing - Liberty Pointe - May 2020$1,560.0010143131303
056362SEH, INC APO - May 2020$192.0010143131303
056362SEH, INC Batzer 2nd Addition Plat - May 2020$96.0010143131303
056362SEH, INC CIP/General - May 2020$2,295.7610143131303
056362SEH, INC Gohmann Property Acquisition - Industrial Park E - May 2020$57.6040843120303
056362SEH, INC Hove Property Water/Sewer Availability - May 2020$260.0010143131303
056362SEH, INC Industrial Park E - May 2020$8,856.8340843120530
056362SEH, INC Knife River - May 2020$776.0010143131303
056362SEH, INC MS4/NPDES/GIS/Pong Mapping Updates - May 2020$192.0065149900303
056362SEH, INC MSA - May 2020$836.4010143131303
056362SEH, INC Phase II/III CR2 Trail Modified$450.5320045202530
056362SEH, INC Signs, Streets - May 2020$57.6010143131303
056363SENTRY BANK-CREDIT CARD Bags$4.2910145201210
056363SENTRY BANK-CREDIT CARD Baseball Park Door$9.6810145125220
056363SENTRY BANK-CREDIT CARD Batteries, Bens, Business Card Holder$41.2510141430200
056363SENTRY BANK-CREDIT CARD Blacktop Repair Bag$44.9710143120220
056363SENTRY BANK-CREDIT CARD Building Maintenance Supplies$192.1610145202220
056363SENTRY BANK-CREDIT CARD Business Card Holder$24.9910141430210
056363SENTRY BANK-CREDIT CARD CC Points Redeemed($75.00)10141430
056363SENTRY BANK-CREDIT CARD Cleaner/Bleach$10.1810342500210
056363SENTRY BANK-CREDIT CARD College Ave S Lift Door$10.4860249473220
056363SENTRY BANK-CREDIT CARD Concrete Bag$19.4710145202220
056363SENTRY BANK-CREDIT CARD Disposable Gloves$27.9810342500210
056363SENTRY BANK-CREDIT CARD Drill Bit$2.8910145201210
056363SENTRY BANK-CREDIT CARD Drill Bit, Cord$39.8610145201210
056363SENTRY BANK-CREDIT CARD Drycleaning - Chief Pfannenstein$4.5110142120171
056363SENTRY BANK-CREDIT CARD ENR 1 Year Digital Membership$29.0010141530300
056363SENTRY BANK-CREDIT CARD Equipment Oil$31.9810145202230
056363SENTRY BANK-CREDIT CARD Fire Hall Irrigation Controller$78.4010542280210
056363SENTRY BANK-CREDIT CARD Fittings/Sprinkler Heads - WTP #2$67.1660149421220
056363SENTRY BANK-CREDIT CARD Flagpole Hardware$20.9710141942220
056363SENTRY BANK-CREDIT CARD Floor Cleaner - Wobegon$4.4910145202210
056363SENTRY BANK-CREDIT CARD Front Desk Organizer$14.2910141430200
056363SENTRY BANK-CREDIT CARD Fuel - #4$35.0010542220235
056363SENTRY BANK-CREDIT CARD Kitchen Supplies$40.1910141430210
056363SENTRY BANK-CREDIT CARD Monthly Adobe Subscription$36.5710141430300
056363SENTRY BANK-CREDIT CARD Monthly Beacon Subscription$1.0010141430300
056363SENTRY BANK-CREDIT CARD Monthly Endicia Fees$17.9910141430300
056363SENTRY BANK-CREDIT CARD Monthly Fee - Trail Camera Data$16.0610142120210
056363SENTRY BANK-CREDIT CARD Mr. Clean for Tile Floors$6.4610145205210
056363SENTRY BANK-CREDIT CARD New Printer - Finance Director$374.0040941430581
056363SENTRY BANK-CREDIT CARD New Trash Can to Replace Burned One at Wobegon$17.5810145202210
056363SENTRY BANK-CREDIT CARD Northland/College Ave S$12.9960249472220
056363SENTRY BANK-CREDIT CARD Northland/College Ave S$17.9860249472220
056363SENTRY BANK-CREDIT CARD Nozzle$9.4910143120210
056363SENTRY BANK-CREDIT CARD Paint Supplies - Baseball Park$22.9710145125220
056363SENTRY BANK-CREDIT CARD Park Repair$3.9910145202220
056363SENTRY BANK-CREDIT CARD Parts for Small Equipment$103.5910145202230
056363SENTRY BANK-CREDIT CARD Personal Charge - Reimbursed$40.0010141430
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
056363SENTRY BANK-CREDIT CARD Pole Saw Rewind$38.2910145202230
056363SENTRY BANK-CREDIT CARD Pole Saw Scabbard$3.9510145202210
056363SENTRY BANK-CREDIT CARD Postage - ICR #17801817$15.8410142120322
056363SENTRY BANK-CREDIT CARD Prime Membership$119.0010141430215
056363SENTRY BANK-CREDIT CARD Ridgewood Lift$10.9960249471220
056363SENTRY BANK-CREDIT CARD Sampler Pump Tubes$365.0060249480210
056363SENTRY BANK-CREDIT CARD Sign Hardware$8.3710143120210
056363SENTRY BANK-CREDIT CARD Taufen Credit Card Charges - to be JE'd to Correct GL Accounts$614.4110542280210
056363SENTRY BANK-CREDIT CARD Toner Cartridges$235.7810142120210
056363SENTRY BANK-CREDIT CARD Vinyl Gloves$34.3410143120210
056363SENTRY BANK-CREDIT CARD Warming House Storage Building$33.3510145125220
056363SENTRY BANK-CREDIT CARD Warming House Storage Building$15.5610145125220
056363SENTRY BANK-CREDIT CARD Water Plant #2 Supplies$107.4660149421220
056363SENTRY BANK-CREDIT CARD Welding Supplies$60.4710145201210
056363SENTRY BANK-CREDIT CARD Wireless Keyboard - Finance Director$46.4949041430581
056363SENTRY BANK-CREDIT CARD Zoom Standard Pro Monthly$16.1310342500215
056364SHIFT TECHNOLOGIES, INC. PD Timecard Issue$246.0010142120215
056365ST. CLOUD TIMES PH Notice - 20th Ave SE Improvements$152.0341043120530
056365ST. CLOUD TIMES PH Notice - Zoning Ordinance Amendment$82.2210141910340
056366ST. JOSEPH RECREATION ASSOC. Refund On-Sale Liquor License$100.0010141430
056367TIREMAXX SERVICE CENTERS New Tires - #702$576.0010142152230
056368WATKINS, BETSY Refund Fire Hall Reservation - 8/29/20 & 8/30/20$200.0010342210
056369ZEP MANUFACTURING, INC Handsoap$283.8510145202210
056370AMERICAN WATER WORKS ASSOC. AWWA Membership - 8/1/20-7/31/21$214.0060149440331
056371BRAUN INTERTEC ENGINEERING,INC2019 Street Improvements - Construction Materials Testing$6,708.0040743120530
056372CCP INDUSTRIES, INC. Gloves and Disinfecting Wipes$195.1210342500210
056373DELAFOREST CONSULTING, LLC June 2020 Legislative Services$1,000.0010141430300
056374DESIGN ELECTRIC, INC Add J Box at Millstream Park$402.5510145202220
056375DVS RENEWAL Unmarked 2017 Ford Explorer License Renewal$11.0010142120446
056376ENVIRONMENTAL SYSTEMS RESEARCHArcGIS Renewal$890.0065149900215
056377GAMETIME Lexan Bubble$235.8010145202220
056378GIDEON, JOSE-ANDRES Overpayment of Tag 20-244$15.0010142120
056379GUEVARA, EDWIN Overpayment of Final Utility Bill$20.0560100000
056380ICKLER COMPANY, INC. Jackhammer Repair$149.3110143120220
056381INITIATIVE FOUNDATION 2020 Membership Dues$1,700.0010141110433
056382J & R LARSON GROUNDS Bulk Water Sales Deposit Return Less Usage$1,200.0060100000
056382J & R LARSON GROUNDS Bulk Water Sales Deposit Return Less Usage($793.52)60100000
056382J & R LARSON GROUNDS Bulk Water Sales Deposit Return Less Usage($60.51)60100000
056383KUFFNER, EMILY Overpayment of Final Utility Bill$112.3760100000
056384LIESER, ANGELA Overpayment of Final Utility Bill$7.6660100000
056385MARCO, INC Admin Copier - June 2020$322.7310141430410
056386MECHANICAL BROTHERS Double Paid Permit Refund$51.0010141430
056387MEYER, CHRISTAL Refund Double Paid Utility Bill$383.4060100000
056388MINNESOTA PAVING & MATERIALS SPWEA340 58H-34 V$1.5210143120220
056389MVTL LABORATORIES, INC Testing$409.0060249480312
056390NCPERS GROUP LIFE INSURANCE July 2020 Life Insurance Premium$9.00101
056391O REILLY AUTO PARTS Air Filters & Oil - Community Center$20.5110145205220
056391O REILLY AUTO PARTS Oil Filter - #35$4.3060249450230
056392OFFICE DEPOT General Office Supplies$29.1610145201200
056392OFFICE DEPOT General Office Supplies$29.1660149440200
056392OFFICE DEPOT General Office Supplies$29.1660249450200
056392OFFICE DEPOT General Office Supplies$123.7410141430200
056392OFFICE DEPOT General Office Supplies - Planning Intern$64.8910141910200
056392OFFICE DEPOT Highlighters - Admin$2.7910141430200
056392OFFICE DEPOT Highlighters - Planning Intern$2.7910141910200
056392OFFICE DEPOT Monitor - Clerk$133.2749041430581
056392OFFICE DEPOT Office Supplies - Planning Intern$29.9010141910200
056392OFFICE DEPOT Pens$7.4510141430200
056392OFFICE DEPOT Pens$8.2410141430200
056392OFFICE DEPOT Speakers - Planning Intern$18.6249041430581
056393PRAIRIESCAPES Weed Control - East Park$1,222.5020545203531
056394RES PYRO Fireworks - 7/2/20$5,000.0022046500309
056395SCHMITT, RALPH Overpayment of Final Utility Bill$169.0260100000
056396SHIFT TECHNOLOGIES, INC. Troubleshoot Remote In Issues$75.6010142120215
056397ST. JOSEPH NEWSLEADER, INC May 15th - Joetown Bingo$45.0015046500340
056398UNUM LIFE INSURANCE July 2020 LTD Insurance Premiums$1,201.96101
056399ANDERSON, EMILY Refund Millstream Park Reservation - 8/16/20$100.0010345202
056399ANDERSON, EMILY Refund Millstream Park Reservation - 8/16/20$7.6310145202
056400CHEW, SANDY Refund Millstream Park Reservation - 7/19/20$100.0010345202
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
056400CHEW, SANDY Refund Millstream Park Reservation - 7/19/20$7.6310145202
056401COLLEGEVILLE PROPERTIES Refund Overpayment of Final Utility Bill$105.8160100000
056402DELTA DENTAL July 2020 Dental Insurance Premiums$2,079.85101
056403EARL F. ANDERSEN, INC 48 x 9 W/G Hip Lyle W/ Logo$109.6010143120210
056404FLEXIBLE PIPE TOOL COMPANY INC6" Male Weldment, O-Ring, Manhole Hook$144.0060249450230
056405GRANITE ELECTRONICS, INC Assistant's Radio Not Working$209.2210542250220
056406HORSTMANN, KRISTIN Refund Fire Hall Reservation - 9/19/20$100.0010342210
056407JOVANOVICH, DEGE & ATHMANN 20th Ave Assessments - May 2020$76.0041043120530
056407JOVANOVICH, DEGE & ATHMANN Opatz Lawsuit - May 2020$219.0010141610304
056408LAW ENFORCEMENT LABOR SERVICESJuly 2020 Union Dues$496.00101
056409MARTIN MARIETTA MATERIALS, INCClass 2$241.8910145202210
056409MARTIN MARIETTA MATERIALS, INCRip Rap$117.4365149900220
056410PIERSKALLA, RHONDA Refund Open Gym Pass Less 2 Punches$27.0010145205
056411RUHR, WILLIAM Replaced Portion of Driveway Due to Water Break$1,475.0010143120220
056411RUHR, WILLIAM Replaced Portion of Driveway Due to Water Break$1,475.0060149440220
056412SPEEDWAY June 2020 Excise Tax Credit($5.79)10542220235
056412SPEEDWAY June 2020 Excise Tax Credit($21.35)10143120235
056412SPEEDWAY June 2020 Excise Tax Credit($26.05)10145202235
056412SPEEDWAY June 2020 Excise Tax Credit($37.55)60149440235
056412SPEEDWAY June 2020 Excise Tax Credit($45.99)60249450235
056412SPEEDWAY June 2020 Fuel Purchases$35.7210542220235
056412SPEEDWAY June 2020 Fuel Purchases$144.8110143120235
056412SPEEDWAY June 2020 Fuel Purchases$173.1710145202235
056412SPEEDWAY June 2020 Fuel Purchases$252.3760149440235
056412SPEEDWAY June 2020 Fuel Purchases$304.9160249450235
$62,919.30
Total Bills Payable - Mailed Prior to Council Approval
CITY OF ST JOSEPH
Bills Payable – Checks Not Mailed Awaiting Council Approval
Check#Search NameCommentsAmountFUNDDEPARTOBJ
056413AFSCME COUNCIL 65 July 2020 Union Dues$520.20101
056414ALEX AIR APPARATUS, INC Compressor Service & Air Quality Test$739.0010542220210
056415BRUNO PRESS July 2020 CVB Social Media Marketing$750.0022046500300
056416CENTRAL MN CREDIT UNION 1st Half 2020 Tax Abatement - TIF 3-1$8,280.5615246500622
056417COUNTRY MANOR ST. JOSEPH 1st Half 2020 Tax Abatement - Country Manor$10,349.2415046500622
056418ECSI SYSTEM INTEGRATORS Temp Alarm Issue$655.0010145205300
056419FORTITUDE SENIOR LIVING 1st Half 2020 Tax Abatement - TIF 4-1$25,403.2815346500622
056420HOFFMAN, JUNE June 2020 Fire Hall Cleaning$67.5010542281300
056421KENSINGTON BANK 1st Half 2020 Tax Abatement - TIF 2-3$6,413.9015946500622
056422KNIFE RIVER CORPORATION Pay App #4 - 2019 Street Improvement Project$65,713.5440743120530
056423PFANNENSTEIN, HARVEY & CAROL 1st Half 2020 Tax Abatement - TIF 2-2$4,122.6315846500622
056424PRECISE REFRIGERATION INC LSA Compressor Repair$100.0010145205220
056424PRECISE REFRIGERATION INC LSA Compressor Repair$1,582.0010145205220
056425RIDGEWOOD CONTRACTING, LLC Compost Permits - Through July 2, 2020$1,815.0060343230300
056426SPECTRUM SUPPLY Bathroom Supplies$61.7610542281300
056426SPECTRUM SUPPLY Bathroom Supplies$61.7610542280300
056427ST. CLOUD AREA PLANNING ORG. 2nd Half 2020 Membership Dues$3,145.0010141110433
056428WEST BANK 1st Half 2020 Tax Abatement - TIF 2-1$17,091.5915746500622
$146,871.96
Total Bills Payables - Waiting Council Approval
Summary:
EFTs & Payroll 174,308.94
Bills Paid Prior to Council 62,919.30
146,871.96
Bills Waiting for Council
384,100.20
Total Bills Payable
Council Agenda Item 4c
MEETING DATE:July 6, 2020
AGENDA ITEM: Mortgage Satisfaction
SUBMITTED BY: Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: Council accepted MN Small Cities Housing Rehab grant from DEED
and contracted with Central MN Housing Partnership to administer the grant.
BACKGROUND INFORMATION: The 2013 housing grant award was completed in 2016. One of
the homeowners paid their forgivable loan and requires a Satisfaction of Mortgage to be recorded.
Upon council approval, staff will forward the agreement.
BUDGET/FISCAL IMPACT: none
ATTACHMENTS: Request for Council Action – Mortgage Satisfaction
Mortgage Satisfaction
nd
REQUESTED COUNCIL ACTION: Consider approving the Mortgage Satisfaction for 26 2 Ave NE,
St. Joseph, MN.
\[Space above This Line for Recorder’s Use\]
MORTGAGE SATISFACTION
THAT CERTAIN MORTGAGE owned by the undersigned, a single family
residence of the State of Minnesota, dated April 21, 2015, executed by the City of St.
Joseph, as mortgagor to Ralph Schmitt, a single person, as mortgagee, and recorded on
August 26, 2015, as Document Number A1450702, in the Office of the County Recorded
of Stearns County, Minnesota, is with the indebtedness thereby secured, fully paid and
satisfied.
CITY OF ST. JOSEPH,
a Minnesota public body, corporate and politic
By: Rick Schultz
Its: Mayor
By: Kris Ambuehl
Its: Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OFSTEARNS )
This instrument was acknowledged before me on this 6th day of July, 2020, by
Rick Schultz as Mayor and Kris Ambuehl, as Administrator of the City of St. Joseph, a
Minnesota public body, corporate and politic, on behalf of said city.
Notary Public
Drafted by:
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
320-363-7201
Page 1 of 1
Council Agenda Item 4d
MEETING DATE: July 6, 2020
AGENDA ITEM: 2020 Primary& General Election Judge Appointment
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:None
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION:Attached for approval is the proposed list of Election
Judges for the Primary Election on August 11, 2020 and the General Election on November 3,
2020. The names of City staff that will be working the Election and provide backup are also
included in the list. Due to the fact that emergencies may occur or availabilities may change,
staff requests that the Council grant staff the ability to assign additional judges to be trained and
assigned, if necessary.
Staff will work with the County to make sure that all election judges are appropriately trained
and the voting equipment is properly tested. Because of COVID, all trainings ill take place
online. Arrangements will be made for those judges that do not have internet access to complete
their training at the Government Center.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
Election Judge Listing
th
REQUESTED COUNCIL ACTION: Approve Election Judges for the August 11 Primary
Election & November 3 General Election and Authorize Staff the Ability to Assign Additional
Judges to be Trained and Assigned, If Necessary.
2020 Election Judges
JudyBarg
JoanneBechtold
JoeBechtold
KathleenConnolly
SusanCounter
SarahDesotell
Lisa Finken
HaleyHalvorson
BernieHeurung
MitchellHogan
Linda Jernberg
Kay Lemke
AngieLoecken
KathyLyon
TracyOphoven
DonaldPopp
Dorothy Popp
DebReber
DeborahReber
HaillieRollins
Ann Scherer
Jean Schirmers
Barb Schloemer
Danielle Voss
Staff
MaryGenerous
Hannah Kurkowski
KaylaKlein
Lori Bartlett
KrisAmbuehl
Council Agenda Item
MEETING DATE: July 6, 2020
AGENDA ITEM: 2019 Bituminous Street and CIP Improvements
SUBMITTED BY: Randy Sabart, PE
City Engineer
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: Approved Application for Payment No. 3
BACKGROUND INFORMATION:
BUDGET/FISCAL IMPACT: $65,713.54
ATTACHMENTS: Application for Payment No. 4
REQUESTED COUNCIL ACTION: Approve Application for Payment No. 4
APPLICATION FOR PAYMENT NO. 4
CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS
SEH NO.STJOE 147693 / 150117
SAP NOS.233-102-002, 233-103-002, 233-104-002, 233-110-01, 233-112-001 AGREEMENT DATE:7/15/2019
OWNER CITY OF ST. JOSEPH, MN
CONTRACTOR KNIFE RIVER CORP - NORTH CENTRAL FOR WORK ACCOMPLISHED THROUGH:6/12/2020
CONTRACTWORK TO DATETHIS PAYMENT
ITEMMNDOTDESCRIPTIONUNITUNIT COSTQUANTITYAMOUNTQUANTITYAMOUNTQUANTITYAMOUNT
BASE BID
12021.501MOBILIZATION (SEE ALT A)LUMP SUM$60,000.001.00$60,000.00$0.000.90$54,000.00
22104.603ABANDON PIPE SEWERLIN FT$2.501,010.00$2,525.00$0.001,054.00$2,635.00
32104.502ABANDON WATER MAINEACH$2,500.001.00$2,500.00$0.001.00$2,500.00
42104.502REMOVE MANHOLEEACH$1,000.003.00$3,000.00$0.004.00$4,000.00
52104.502REMOVE GATE VALVEEACH$2,000.002.00$4,000.00$0.002.00$4,000.00
62104.503REMOVE CURB & GUTTER LIN FT$2.002,060.00$4,120.00$0.002,150.50$4,301.00
(SEE CO#1)
72104.503REMOVE FENCELIN FT$100.0012.00$1,200.00$0.009.50$950.00
82104.503SAWING CONCRETE LIN FT$3.50528.00$1,848.00$0.00636.50$2,227.75
PAVEMENT (SEE ALT A &
CO#1)
92104.503SAWING BITUMINOUS LIN FT$2.504,229.00$10,572.50$0.003,455.50$8,638.75
PAVEMENT (SEE ALT A &
CO#1)
102104.504REMOVE BITUMINOUS SQ YD$4.501,756.00$7,902.00$0.001,800.80$8,103.60
PAVEMENT (SEE ALT A &
CO#1)
112104.504REMOVE CONCRETE SQ YD$100.004.00$400.00$0.0046.00$4,600.00
DRIVEWAY PAVEMENT (SEE
ALT A & CO#1)
122104.607SALVAGE AGGREGATE (LV) CU YD$4.254,837.00$20,557.25$0.005,120.60$21,762.55
(SEE ALT A)
132105.504REMOVE CONCRETE WALK SQ YD$3.00443.00$1,329.00$0.00425.50$1,276.50
(SEE CO#1)
142105.507COMMON EXCAVATION (P)CU YD$14.002,947.00$41,258.00$0.002,947.00$41,258.00
152105.601DEWATERINGLUMP SUM$0.011.00$0.01$0.000.00$0.00
162112.519SUBGRADE PREPARATIONROAD STA$225.0051.00$11,475.00$0.0051.00$11,475.00
172123.61STREET SWEEP (WITH HOUR$60.0037.00$2,220.00$0.0022.50$1,350.00
PICKUP BROOM) (SEE ALT A)
182130.523WATER (SEE ALT A)M GAL$45.0019.00$855.00$0.000.00$0.00
192211.509AGGREGATE BASE CLASS 5 TON$18.001,555.00$27,990.00$0.001,089.61$19,612.98
(SEE ALT A)
202215.504FULL DEPTH RECLAIMATION SQ YD$0.7019,787.00$13,850.90$0.0019,787.00$13,850.90
(SEE ALT A)
212231.604BITUMINOUS PATCH SPECIAL SQ YD$28.001,055.00$29,540.00$0.001,316.70$36,867.60
(STREET) (SEE CO#1)
222231.604BITUMINOUS PATCH SPECIAL SQ YD$24.00806.00$19,344.00$0.00874.70$20,992.80
(DRIVEWAY) (SEE ALT A)
232232.504MILL BITUMINOUS SURFACE SQ YD$3.1512,039.00$37,922.85$0.0012,148.00$38,266.20
(1.0")
242232.504MILL BITUMINOUS SURFACE SQ YD$16.0044.00$704.00$0.0035.00$560.00
(2.0")
252232.504MILL BITUMINOUS SURFACE SQ YD$4.503,770.00$16,965.00$0.003,481.00$15,664.50
(3.5")
262357.506BITUMINOUS MATERIAL FOR GAL$0.014,969.00$49.69$0.003,975.00$39.75
TACK COAT (SEE ALT A)
272360.509TYPE SP 9.5 WEARING TON$83.005,258.00$436,414.00$0.005,324.90$441,966.70
COURSE MIX (3,C) (SEE ALT
A)
282360.509TYPE SP 12.5 WEARING TON$78.003,439.00$268,242.00$0.003,158.47$246,360.66
COURSE MIX (3,C) (SEE ALT
A)
292503.5034" PVC PIPE SEWERLIN FT$40.0060.00$2,400.00$0.00163.00$6,520.00
302503.5036" PVC PIPE SEWERLIN FT$41.00183.00$7,503.00$0.00299.00$12,259.00
1
APPLICATION FOR PAYMENT NO. 4
CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS
SEH NO.STJOE 147693 / 150117
SAP NOS.233-102-002, 233-103-002, 233-104-002, 233-110-01, 233-112-001 AGREEMENT DATE:7/15/2019
OWNER CITY OF ST. JOSEPH, MN
CONTRACTOR KNIFE RIVER CORP - NORTH CENTRAL FOR WORK ACCOMPLISHED THROUGH:6/12/2020
CONTRACTWORK TO DATETHIS PAYMENT
ITEMMNDOTDESCRIPTIONUNITUNIT COSTQUANTITYAMOUNTQUANTITYAMOUNTQUANTITYAMOUNT
312503.5038" PVC PIPE SEWERLIN FT$42.00834.00$35,028.00$0.00795.00$33,390.00
322503.50310" PVC PIPE SEWERLIN FT$92.0010.00$920.00$0.0011.00$1,012.00
332503.601BYPASS PUMPINGLUMP SUM$10,000.001.00$10,000.00$0.001.00$10,000.00
342503.602CONNECT TO EXISTING EACH$1,040.007.00$7,280.00$0.008.00$8,320.00
SANITARY SEWER SER
352503.602CONNECT TO EXISTING EACH$2,500.002.00$5,000.00$0.001.00$2,500.00
MANHOLES (SAN)
362503.6028" X 4" PVC WYEEACH$572.003.00$1,716.00$0.007.00$4,004.00
372503.6028" X 6" PVC WYEEACH$610.003.00$1,830.00$0.004.00$2,440.00
382503.60210" X 6" PVC WYEEACH$700.002.00$1,400.00$0.003.00$2,100.00
392503.603CLEAN & VIDEO TAPE PIPE LIN FT$4.20930.00$3,906.00$0.00771.00$3,238.20
SEWER
402504.602ADJUST VALVE BOXEACH$175.0049.00$8,575.00$0.0054.00$9,450.00
412504.602HYDRANTEACH$6,000.001.00$6,000.00$0.001.00$6,000.00
422504.60212" GATE VALVE AND BOXEACH$6,100.003.00$18,300.00$0.003.00$18,300.00
432504.6028" GATE VALVE AND BOXEACH$7,000.001.00$7,000.00$0.001.00$7,000.00
442504.6026" GATE VALVE AND BOXEACH$4,850.002.00$9,700.00$0.002.00$9,700.00
452504.602VALVE BOXEACH$2,900.004.00$11,600.00$0.003.00$8,700.00
462504.602CONNECT TO EXISTING EACH$1,550.003.00$4,650.00$0.004.00$6,200.00
WATER MAIN
472504.6021" CORPORATION STOPEACH$600.001.00$600.00$0.004.00$2,400.00
482504.6021" CURB STOP AND BOXEACH$700.001.00$700.00$0.004.00$2,800.00
492504.60312" WATER MAIN - DUCT LIN FT$88.00356.00$31,328.00$0.00351.00$30,888.00
IRON CL 50
502504.6036" WATER MAIN - DUCT IRON LIN FT$80.009.00$720.00$0.0013.00$1,040.00
CL 52
512504.60324" STEEL CASING PIPE LIN FT$930.0064.00$59,520.00$0.0075.00$69,750.00
(JACKED)
522504.6031" TYPE K COPPER PIPELIN FT$70.0023.00$1,610.00$0.00166.00$11,620.00
532504.6044" INSULATIONSQ YD$42.007.00$294.00$0.0089.60$3,763.20
542504.608WATERMAIN FITTINGSPOUND$9.00600.00$5,400.00$0.00600.00$5,400.00
552506.602CHIMNEY SEAL (I & I EACH$300.0059.00$17,700.00$0.0023.00$6,900.00
BARRIER)
562506.602CASTING ASSEMBLY EACH$1,500.004.00$6,000.00$0.005.00$7,500.00
SPECIAL
572506.602ADJUST FRAME & RING EACH$500.0059.00$29,500.00$0.0060.00$30,000.00
CASTING
582506.603CONSTRUCT SANITARY LIN FT$490.0059.44$29,125.60$0.0047.34$23,196.60
MANHOLE
592506.603CONSTRUCT DROP LIN FT$750.0010.72$8,040.00$0.0011.00$8,250.00
MANHOLE
602521.5186" CONCRETE WALK SPECIALSQ FT$11.004,730.00$52,030.00$0.005,091.55$56,007.05
612531.503CONCRETE CURB & GUTTER LIN FT$35.001,867.00$65,345.00$0.001,995.00$69,825.00
DESIGN B618 (SEE CO#1)
622531.503CONCRETE CURB & GUTTER LIN FT$35.00507.00$17,745.00$0.00323.50$11,322.50
DESIGN D418 (SEE ALT A)
632531.5048" CONCRETE DRIVEWAY SQ YD$80.0023.00$1,840.00$0.0064.00$5,120.00
PAVEMENT
642531.603CONCRETE CURB DESIGN VLIN FT$40.0016.00$640.00$0.0024.00$960.00
2
APPLICATION FOR PAYMENT NO. 4
CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS
SEH NO.STJOE 147693 / 150117
SAP NOS.233-102-002, 233-103-002, 233-104-002, 233-110-01, 233-112-001 AGREEMENT DATE:7/15/2019
OWNER CITY OF ST. JOSEPH, MN
CONTRACTOR KNIFE RIVER CORP - NORTH CENTRAL FOR WORK ACCOMPLISHED THROUGH:6/12/2020
CONTRACTWORK TO DATETHIS PAYMENT
ITEMMNDOTDESCRIPTIONUNITUNIT COSTQUANTITYAMOUNTQUANTITYAMOUNTQUANTITYAMOUNT
652531.6048" CONCRETE VALLEY SQ YD$95.0078.00$7,410.00$0.0065.00$6,175.00
GUTTER
662531.618TRUNCATED DOMESSQ FT$70.00237.00$16,590.00$0.00189.00$13,230.00
672531.618TRUNCATED DOMES SQ FT$70.00328.00$22,960.00$0.00408.00$28,560.00
(RADIAL) (SEE ALT A)
682563.601TRAFFIC CONTROL (SEE ALT LUMP SUM$20,000.001.00$20,000.00$0.000.90$18,000.00
A)
692564.518SIGN PANELS TYPE CSQ FT$50.00271.00$13,550.00$0.00237.00$11,850.00
702564.518SIGN PANELS TYPE SPECIAL SQ FT$80.0096.50$7,720.00$0.00237.00$18,960.00
(SEE ALT A)
712573.501STABILIZED CONSTRUCTION LUMP SUM$2,400.001.00$2,400.00$0.000.00$0.00
EXIT
722573.502STORM DRAIN INLET EACH$150.0049.00$7,350.00$0.0053.00$7,950.00
PROTECTION (SEE ALT A)
732574.507COMMON TOPSOIL BORROW CU YD$25.00181.00$4,525.00$0.00252.00$6,300.00
(LV) (SEE ALT A & CO#1)
742574.508FERTILIZER TYPE 1 (SEE ALT POUND$2.0084.00$168.00$0.00300.00$600.00
A & CO#1)
752575.508HYDRAULIC BONDED FIBER POUND$5.00840.00$4,200.00$0.002,500.00$12,500.00
MATRIX (SEE ALT A & CO#1)
762575.508SEED MIXTURE 25-121 (SEE POUND$6.0046.20$277.20$0.000.00$0.00
ALT A & CO#1)
772575.605SEEDING (SEE ALT A & ACRE$5,000.000.24$1,200.00$0.000.50$2,500.00
CO#1)
782582.5034" BROKEN LINE MULTI LIN FT$1.00615.00$615.00120.00$120.00120.00$120.00
COMP GR IN (SEE ALT A)
792582.5034" DBLE SOLID LINE MULTI LIN FT$11.00100.00$1,100.0090.00$990.0090.00$990.00
COMP GR IN (SEE ALT A)
802582.5034" SOLID LINE MULTI COMP LIN FT$7.751,920.00$14,880.002,041.00$15,817.752,041.00$15,817.75
GR IN (SEE ALT A & CO#1)
812582.518PAVT MSSG MULTI COMP GR SQ FT$35.0030.00$1,050.0030.00$1,050.0030.00$1,050.00
IN (SEE ALT A)
822582.518CROSSWALK MULTI COMP SQ FT$20.002,886.00$57,720.002,238.00$44,760.002,238.00$44,760.00
GR IN (SEE CO#1)
TOTAL BASE BID$1,681,445.00$62,737.75$1,694,498.54
ALTERNATE A - JADE ROAD
1A2021.501MOBILIZATIONLUMP SUM$12,000.001.00$12,000.00$0.000.90$10,800.00
8A2104.503SAWING CONCRETE LIN FT$3.8015.00$57.00$0.000.00$0.00
PAVEMENT
9A2104.503SAWING BITUMINOUS LIN FT$3.50307.00$1,074.50$0.00400.50$1,401.75
PAVEMENT
10A2104.504REMOVE BITUMINOUS SQ YD$4.00183.00$732.00$0.000.00$0.00
PAVEMENT
11A2104.504REMOVE CONCRETE SQ YD$100.009.00$900.00$0.009.00$900.00
DRIVEWAY PAVEMENT
12A2104.607SALVAGE AGGREGATE (LV)CU YD$4.253,661.00$15,559.25$0.000.00$0.00
17A2123.61STREET SWEEP (WITH HOUR$60.004.00$240.00$0.000.00$0.00
PICKUP BROOM)
18A2130.523WATERM GAL$45.0012.00$540.00$0.000.00$0.00
19A2211.509AGGREGATE BASE CLASS 5TON$18.00678.00$12,204.00$0.000.00$0.00
20A2215.504FULL DEPTH RECLAIMATIONSQ YD$0.7512,202.00$9,151.50$0.0012,202.00$9,151.50
22A2231.604BITUMINOUS PATCH SPECIAL SQ YD$23.00183.00$4,209.00$0.000.00$0.00
(DRIVEWAY)
26A2357.506BITUMINOUS MATERIAL FOR GAL$0.01718.00$7.18$0.00490.00$4.90
TACK COAT
27A2360.509TYPE SP 9.5 WEARING TON$80.00996.00$79,680.00$0.00893.26$71,460.80
COURSE MIX (3,C)
28A2360.509TYPE SP 12.5 WEARING TON$74.001,565.00$115,810.00$0.001,450.47$107,334.78
COURSE MIX (3,C)
3
APPLICATION FOR PAYMENT NO. 4
CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS
SEH NO.STJOE 147693 / 150117
SAP NOS.233-102-002, 233-103-002, 233-104-002, 233-110-01, 233-112-001 AGREEMENT DATE:7/15/2019
OWNER CITY OF ST. JOSEPH, MN
CONTRACTOR KNIFE RIVER CORP - NORTH CENTRAL FOR WORK ACCOMPLISHED THROUGH:6/12/2020
CONTRACTWORK TO DATETHIS PAYMENT
ITEMMNDOTDESCRIPTIONUNITUNIT COSTQUANTITYAMOUNTQUANTITYAMOUNTQUANTITYAMOUNT
62A2531.5048" CONCRETE DRIVEWAY SQ YD$80.009.00$720.00$0.009.00$720.00
PAVEMENT
67A2563.601TRAFFIC CONTROL LUMP SUM$500.001.00$500.00$0.000.90$450.00
68A2564.518SIGN PANELS TYPE CSQ FT$50.0037.50$1,875.00$0.000.00$0.00
70A2573.501STABILIZED CONSTRUCTION LUMP SUM$800.001.00$800.00$0.000.00$0.00
EXIT
72A2574.507COMMON TOPSOIL BORROW CU YD$28.00615.00$17,220.00$0.00120.00$3,360.00
(LV)
73A2574.508FERTILIZER TYPE 1POUND$2.00210.00$420.00150.00$300.00150.00$300.00
74A2575.508HYDRAULIC BONDED FIBER POUND$3.002,100.00$6,300.001,700.00$5,100.001,700.00$5,100.00
MATRIX
75A2575.508SEED MIXTURE 25-121POUND$6.00135.00$810.00100.00$600.00100.00$600.00
76A2575.605SEEDINGACRE$1,000.000.60$600.000.36$360.000.36$360.00
77A2582.5034" BROKEN LINE MULTI LIN FT$0.253,930.00$982.50$0.00770.00$192.50
COMP GR IN
78A2582.5034" DBLE SOLID LINE MULTI LIN FT$2.402,115.00$5,076.00$0.002,677.00$6,424.80
COMP GR IN
79A2582.5034" SOLID LINE MULTI COMP LIN FT$1.208,635.00$10,362.0062.00$74.409,138.00$10,965.60
GR IN
80A2582.518PAVT MSSG MULTI COMP GR SQ FT$31.00120.00$3,720.00$0.00139.00$4,309.00
IN
81A2582.518CROSSWALK MULTI COMP SQ FT$20.00300.00$6,000.00$0.00254.00$5,080.00
GR IN
832221.507SHOULDER BASE CU YD$85.0063.00$5,355.00$0.00128.00$10,880.00
AGGREGATE (LV) CLASS 1
TOTAL ALTERNATE A$312,904.93$6,434.40$249,795.63
CHANGE ORDER NO. 1
6A2104.503REMOVE CURB & GUTTERLIN FT$2.0045.00$90.00$0.0045.00$90.00
8B2104.503SAWING CONCRETE LIN FT$3.506.00$21.00$0.006.00$21.00
PAVEMENT
9B2104.503SAWING BITUMINOUS LIN FT$2.5079.00$197.50$0.0079.00$197.50
PAVEMENT
10B2104.504REMOVE BITUMINOUS SQ YD$4.5017.00$76.50$0.0017.00$76.50
PAVEMENT
11B2104.504REMOVE CONCRETE SQ YD$100.0012.00$1,200.00$0.0012.00$1,200.00
DRIVEWAY PAVEMENT
13A2105.504REMOVE CONCRETE WALKSQ YD$3.0021.00$63.00$0.0021.00$63.00
21A2231.604BITUMINOUS PATCH SPECIAL SQ YD$28.0017.00$476.00$0.0017.00$476.00
(STREET)
61A2531.503CONCRETE CURB & GUTTER LIN FT$35.0045.00$1,575.00$0.0045.00$1,575.00
DESIGN B618
73B2574.507COMMON TOPSOIL BORROW CU YD$25.0015.00$375.00$0.0015.00$375.00
(LV)
74B2574.508FERTILIZER TYPE 1POUND$2.007.00$14.00$0.007.00$14.00
75B2575.508HYDRAULIC BONDED FIBER POUND$5.0070.00$350.00$0.0070.00$350.00
MATRIX
76B2575.508SEED MIXTURE 25-121POUND$6.002.00$12.00$0.000.00$0.00
77B2575.605SEEDINGACRE$5,000.000.02$100.00$0.000.02$100.00
80B2582.5034" SOLID LINE MULTI COMP LIN FT($2.75)1,920.00($5,280.00)$0.000.00$0.00
GR IN
82B2582.518CROSSWALK MULTI COMP SQ FT($7.50)2,886.00($21,645.00)$0.000.00$0.00
GR IN
84CYPRESS DRIVE WATER LS$19,787.251.00$19,787.25$0.001.00$19,787.25
MAIN RELOCATION
TOTAL CHANGE ORDER NO. 1($2,587.75)$0.00$24,325.25
4
06/29/2020
Council Agenda Item 4f
MEETING DATE:July 6, 2020
AGENDA ITEM: Police Sergeant Hire
SUBMITTED BY: Administration/Police Department
BACKGROUND INFORMATION: Administrator Kris Ambuehl, Waite Park City Administrator
Shaunna Johnson, and Albany Police Chief Osvaldo Carbajal conducted interviews for the Sergeant
position and are recommending the promotion of Officer Matt Johnson to Sergeant.
BUDGET/FISCAL IMPACT: Position has been budgeted for.
ATTACHMENTS: Request for Council Action
REQUESTED COUNCIL ACTION: Authorize the promotion of Officer Matt Johnson to Sergeant for
the City of St. Joseph.
Council Agenda Item 4g
MEETING DATE: July 6, 2020
AGENDA ITEM: Bicycle Friendly Community
SUBMITTED BY: Community Development
STAFF RECOMMENDATION: Authorize the Bicycle Friendly Community Application
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION: The Bicycle Friendly Community Designation is an
application process through The League of American Bicyclists. The next application cycle
deadline is August 12, 2020 with awards announced in November 2020. Becoming a Bicycle
achievements, such as trail
infrastructure, along with goals to advance further. The benefits of becoming a Bicycle Friendly
Community include marketing for economic development and becoming more competitive in
receiving grant awards. For example, a high quality of life encompasses a strong park and trail
system, which in turn attracts residents and subsequently attracts commercial and industry for
employees and customers. Allison Dudek with Stearns County Public Health assisted both the
cities of St. Cloud and Sartell with their applications and has agreed to assist our Planning Intern
with the City of St. Joseph. There are four levels of
designation, including Platinum, Gold, Silver and Bronze. There are 32 cities Bicycle Friendly
Communities in Minnesota, including St. Cloud and Sartell who are a both a Bronze level.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS:
REQUESTED COUNCIL ACTION: Authorize staff to submit the Bicycle Friendly
Community Designation Application.
Council Agenda Item 4h
MEETING DATE: July 6, 2020
AGENDA ITEM: EDA Revolving Loan to Jupiter Moon Ice Cream
SUBMITTED BY: Finance / EDA
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: After reviewing the
application and financials and plan for the owners and business, The EDA has recommended
approval of a five-year loan of $10,000 at a 3% interest rate.
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION: David Boyer, owner of Jupiter Moon Ice Cream, has
requested RLF Loan from the St Joseph EDA. This loan will help them start up an ice cream
shop in the end-cap commercial unit of Millstream Shops and Lofts (formally occupied by Bad
Habit Brewing Company). The City of St Joseph will receive an interest in business assets such
as kitchen equipment, and a personal guarantee from the owners. The City Attorneys drafted the
attached loan documents. Upon approval of the council, a closing date will be scheduled to
disburse the loan funds. Mr. Boyer hopes to open his shop by August.
BUDGET/FISCAL IMPACT: $10,000.00 (Currently 1/4 of the RLF balance)
ATTACHMENTS: Request for Council Action EDA Revolving Loan
Revolving Loan Draft
Jupiter Moon Ice Cream Business Plan Narrative
REQUESTED COUNCIL ACTION: Authorize the EDA to execute a loan to Jupiter Moon
Ice Cream in the amount of $10,000 at a 3% interest rate for five-year term
AGREEMENT FOR LOAN
OF THE
ST. JOSEPH REVOLVING LOAN FUND
THIS AGREEMENT is made and entered into as the _____ day of July, 2020 by
and between the City of St. Joseph, hereinafter called "City” and Jupiter Moon, LLC, a
Minnesota limited liability company, hereinafter referred to as "Borrower," and David
Boyer, personally, hereinafter referred to as “Guarantor”.
RECITALS
WITNESSETH:
WHEREAS, the Borrower has applied to the City of St. Joseph for a $10,000.00
loan from the City’s Revolving Loan Fund; and
WHEREAS, the City of St. Joseph has approved a low-interest loan to Borrower
in the amount of $10,000.00 conditioned on Borrower meeting certain obligations as set
out in this agreement;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
ARTICLE 1
DEFINITIONS
SECTION 1.1.DEFINITIONS. In this Agreement, unless a different meaning
clearly appear from the context:
1.CITY means the City of St. Joseph.
2.COLLATERAL means the equipmentidentified in Exhibit A hereto attached.
3.BORROWERshall mean Jupiter Moon, LLC, a Minnesota limited liability
company.
4.DEVELOPMENT PROPERTY means the real property located at 15 Minnesota
Street E, Suite 108,St. Joseph, Stearns County, Minnesota.
5.GUARANTOR shall meanDavid Boyer.
6.INITIAL DISBURSEMENT DATE means the date of the first disbursement of any
Loan Proceeds by the City to the Borrower.
7.PROJECT shall meandevelopment of an ice cream shopto be located on the
Development Property which will be leased by Borrowers.
ARTICLE 2
FINANCING FOR PROJECTS
SECTION 2.1.PROJECT FINANCING. The Borrower representsthat it needs
the funds in order to implement the Project, and that it seeks a low interest loan from the
City to implement the Project.
SECTION 2.2. BORROWER'S EQUITY AND OTHER FINANCING. The Borrower
shall commit $142,000 in other financing and equity to be used for the completion of the
Development Project.
SECTION 2.3. RLF LOAN. The City has created a special fund called the
Revolving Loan Fund (RLF), which will provide $10,000.00 in financing for the project
ARTICLE 3
LOAN TERMS AND CONDITIONS
SECTION 3.1.BASIC LOAN TERMS. The principal amount of the loan by the
City to the Borrowershall be in the amount of $10,000.00. The loan shall bear interest
at rates shown in Section 5.4 below and shall be repaid according to the promissory
note, attached hereto as Exhibit B and incorporated by this reference.
SECTION 3.2.PREPAYMENT. Prepayment of the entire loan balance may occur
at any time during the loan without penalty.
SECTION 3.3.ASSIGNMENT. Neither Borrowernor Guarantors shall assign
their rights or interests or any part therein or their rights or interests in this Loan
Agreement, the Project or any part thereof.
SECTION 3.4. SECURITY. The Borrower shall provide the following security for
the loan: a security interest in the Collateral in the form of ExhibitC. In addition, the
Guarantor shall provide a personal guaranty. The Borrower and Guarantor acknowledge
and agree that the security interest and personal guarantyare given for good and
adequate consideration for this Loan as the Guarantor isthe majority stakeholder in the
Borrowerand the availability of the loan to the Borrower, which is the subject of this
Agreement, is of direct personal benefit to the Borrower and Guarantor.
ARTICLE 4
DEFAULT
SECTION 4.1.DEFAULT. Borrower shall be in default under this Contract upon
the happening of any of the following events:
(a) the Borrower fails to pay when due any amount payable on the Loan and
such nonpayment is not remedied within ten (10) business days after
written notice thereof to the Borrower by the City;
(b) the Borrower is in breach of any material obligation or agreement under
this Agreement (other than nonpayment of any amount payable on the
Loan) and remains in breach for thirty (30) business days after written
notice thereof to the Borrower by the City; provided, however, that if such
breach shall be incapable of being reasonably cured within such thirty (30)
business days after notice, and if the Borrower commences and diligently
prosecutes the appropriate steps to cure such breach, no default shall
exist so long as the Borrower are proceeding to cure such breach;
(c) if any material covenant, warranty, or representation of the Borrower shall
prove to be untrue in any material respect, provided such covenant,
warranty or representation of the Borrower remains untrue in any material
respect for thirty (30) business days after written notice thereof to the
Borrower by the City; provided, however, that if such untruth shall be
incapable of being reasonably corrected within such thirty (30) business
days after notice, and if the Borrower commences and diligently
prosecutes the appropriate steps to correct such untruth, no default shall
exist so long as the Borrower are so proceeding to correct such untruth;
(d) the Borrower, on or after the Initial Disbursement Date, fails to pay its
debts as they become due, makes an assignment for the benefit of its
creditors, admits in writing its inability to pay its debts as they become
due, files a petition under any chapter of the Federal Bankruptcy Code or
any similar law, state or federal, now or hereafter existing, becomes
"insolvent" as that term is generally defined under the Federal Bankruptcy
Code, files an answer admitting insolvency or inability to pay its debts as
they become due in any involuntary bankruptcy case commenced against
it, or fails to obtain a dismissal of such case within sixty (60) days after its
commencement or convert the case from one chapter of the Federal
Bankruptcy Code to another chapter, or be the subject of an order for
relief in such bankruptcy case, or be adjudged a bankrupt or insolvent, or
has a custodian, trustee, or receiver appointed for it, or has any court take
jurisdiction of its property, or any part thereof, in any proceeding for the
purpose of reorganization, arrangement, dissolution, or liquidation, and
such custodian, trustee, or receiver is not discharged, or such jurisdiction
is not relinquished, vacated, or stayed within sixty (60) days of the
appointment;
(e) a final judgment is entered against the Borrowerthat the City reasonably
deems will have a material, adverse impact on the Borrower’sability to
comply with the Borrower’sobligations under this Agreement;
(f) the Borrowermerges or consolidates with any other entity without the prior
written approval of the City, which consent the City will not unreasonably
withhold;
(g) there is a loss, theft, substantial damage, or destruction of all or any part
of the Collateral that is not remedied to the City's satisfaction within sixty
(60) business days after written notice thereof by the City to the Borrower.
SECTION 4.2.REMEDIES UPON DEFAULT.
(a) In the event of a default and the failure to cure it in the time allotted
therefore, the City shall have the right at its option and without demand or
notice, to declare all or any part of the loan including but not limited to the
promissory note immediately due and payable; and in addition to the rights
and remedies granted hereby, the City may exercise all of the rights and
remedies of the City under the Uniform Commercial Code or any
applicable law.
(b) All of City’s rights and remedies shall be cumulative and may be exercised
individually or concurrentlyagainst either borrower or guarantors. An
election to pursue any particular person or entity and particular remedy
shall not exclude the City’s right to pursue another remedy, until such time
as the City is made whole. No course of dealing between the City and the
Borrower and/or Guarantor or any failure or delay by the City in exercising
any right or remedy hereunder, shall operate as a waiver of any of the
City’s rights or remedies. No single or partial exercise of any right or
remedy shall operate as a waiver or preclude the exercise of other rights
or remedies.
ARTICLE 5
LOAN DISBURSEMENT PROVISIONS
SECTION 5.1.DISBURSEMENT OF LOAN FUNDS. Loan disbursements not to
exceed the amount of $10,000.00 shall be for the Project. The loan funds shall be
disbursed to Borrower upon the signed execution of this agreement, the Promissory
Note, filings of Uniform Commercial Code forms, and the execution of the personal
guarantyof David Boyer in the form attached hereto as Exhibit D, and in accordance
with this agreement.
SECTION 5.2.PROJECT TIME FRAME (SCHEDULE). The Borrowershall
complete the Project within six (6) months of the execution of this Agreement unless an
extension of the project time frame is approved by the City.
SECTION 5.3.LOAN TERMS –REPAYMENT SCHEDULE. The term of the
Loan shall be five (5) years, commencing as of the Initial Disbursement Date. The Loan
shall bear interest at a rate of Three percent (3%) per annum and interest shall
commence to accrue as of the Initial Disbursement Date.
SECTION 5.4. LOAN REPAYMENTS SCHEDULE. Payments of principal and
interest shall commence on the first day of the ______ month immediately following the
Initial Disbursement Date, and shall continue on the first day of each and every month
thereafter until paid in full. Such payments shall fully amortize the Loan over Five (5)
years; provided, however, the entire remaining unpaid balance of principal and interest
th
shall be due and payable in full on the first day of the Ninetieth (90) month following the
Initial Disbursement Date.
SECTION 5.5. ADVERSE CHANGE. If there has been any adverse material
change in the Borrower’ financial conditions, organization, operations, or its ability to
repay the project financing, the City may withhold disbursement of funds until such time
as the City receives such financial information and assurances acceptable to the City that
Borrower will be able to repay the loan.
ARTICLE 6
PROVISION OF EVIDENTIARY MATERIAL REQUIREMENT
SECTION 6.1. The Borrower must provide the City with necessary
documentation that the RLF loan proceeds have been used for the items and purposes
stated in the RLF application.
ARTICLE 7
NONDISCRIMINATION
SECTION 7.1. NONDISCRIMINATION. The provisions of Minnesota Statutes,
Section 181.59, which relate to civil rights and discrimination, shall be considered a part
of this Agreement as though wholly set forth herein.
ARTICLE 8
SECURITY AGREEMENT
Section 8.1.Except as set forth in any existing or future agreement executed by
the City: the Borroweris the owner of the Collateral, or will be the owner of the
Collateral hereafter acquired, free of all security interests, liens and encumbrances
other than the Security Interest granted herein; and shall not permit any security
interest, lien or encumbrance, other than the Security Interest to attach to any Collateral
without the prior written consent of the City; and shall defend the Collateral against the
claims and demands of all persons and entities other than the City, and shall promptly
pay all taxes, assessments and other government charges upon or against the
Collateral.
Section 8.2.The Borrower shall not sell or otherwise dispose of any Collateral or
any interest therein without the prior written consent of the City, except that, until the
occurrence of an Event of Default or the revocation by the City of the Borrower’s right to
do so, the Borrowermay sell or lease any Collateral constituting inventory in the
ordinary course of business at prices constituting the fair market value thereof. For
purposes of this Agreement, a transfer in partial or total satisfaction of a debt, obligation
or liability shall not constitute a sale or lease in the ordinary course of business.
Section 8.3.All tangible Collateral shall be located at the Borrower’s addresses
stated above and no such Collateral shall be located at any other address without the
prior written consent of the City.
Section 8.4. The Borrower shall: (i) keep all tangible Collateral in good condition
and repair, normal depreciation excepted; (ii) from time to time replace any worn,
broken or defective parts thereof; (iii) promptly notify the City of any loss of or material
damage to any Collateral; (iv) not permit any Collateral to be used or kept for any
unlawful purpose or in violation of any federal, state or local law; (v) keep all tangible
Collateral insured in such amounts, against such risks, and (vi) at the City's request,
promptly execute, endorse and deliver such financing statements and other
instruments, documents, control agreements, chattel paper and writings and take such
other actions deemed by the City to be necessary or desirable to establish, protect,
perfect or enforce the City and the rights of the City under this Agreement and
applicable law, and pay all costs of filing financing statements and other writings in all
public offices where filing is deemed by the City to be necessary or desirable.
Section 8.5. The Borrower authorizes the City to file all of the Borrower’s
financing statements and amendments to financing statements, and all terminations of
the filings of other secured parties, all with respect to the Collateral, in such form and
substance as the City, in its sole discretion, may determine.
Section 8.6. COLLECTION RIGHTS. At any time after an Event of Default, at
the request of the City, the Borrower shall deposit in a collateral account designated by
the City all proceeds constituting Collateral, in their original form received (with any
necessary endorsement), within one business day after receipt of such proceeds by the
Debtor. Until the Borrowermakes each such deposit, the Borrowerwill hold all such
proceeds separately in trust for the City for deposit in such collateral account and will
not commingle any such proceeds with any other property. The Borrower shall have no
right to withdraw any funds from such collateral account, and the Borrower shall have
no control over such collateral account. Such collateral account and all funds at any
time therein shall constitute Collateral under this Agreement. Before or upon final
collection of any funds in such collateral account, the City, at its discretion, may release
any such funds to the Borrower or any account of the Borroweror apply any such funds
to the Obligations whether or not then due. Any release of funds to the Borroweror any
account of the Borrower shall not prevent the City from subsequently applying any funds
to the Obligations.
Section 8.7All of theCity’s advances, fees, charges, costs and expenses,
including but not limited to audit fees and expenses and reasonable attorneys' fees and
legal expenses, in connection with the Collateral and in the protection and exercise of
any rights or remedies hereunder, together with interest thereon at the highest rate then
applicable to any of the Loan, shall be secured hereunder and shall be paid by the
Borrowerto the City on demand.
ARTICLE 9
NONDISCRIMINATION
SECTION 9.1, NONDISCRIMINATION. The provisions of Minnesota Statutes,
Section 181.59, which relate to civil rights and discrimination, shall be considered a part
of this Agreement as though wholly set forth herein.
ARTICLE 10
BORROWER’ ACKNOWLEDGEMENTS, REPRESENTATIONS, AND WARRANTS
SECTION 10.1, ACKNOWLEDGEMENTS. The Borroweracknowledges that the
City is loaning its funds from its Revolving Loan Fund.
The Borrowerfurther acknowledge that the Borrower have made certain
representations and statements as to those activities of the Project to be carried out and
completed by the Borrower.
The Borroweracknowledges that nothing contained in this Agreement, nor any
act of the City shall be deemed or construed to create any relationship of third-party
beneficiary, principal and agent, limited or general partnership, or joint venture.
SECTION 10.2.REPRESENTATIONS AND WARRANTIES. Borrowerwarrant
and represent, in connection with the Grant and for the benefit of the City, that:
(a) The Borroweracknowledge that the City, in selecting the Borrower as
recipient of revolving loan funds, relied in material part upon the assured
completion of the Project to be carried out by the Borrower, and the
Borrower assures the City that said Project will be carried out by the
Borrower.
(b) The Borrower warrant that to the best of its knowledge, it has obtained all
federal, state, and local governmental approvals, reviews, and permits
required by law to be obtained in connection with the Project.
(c) The Borrower warrant that it shall keep and maintain books, records and
other documents relating directly to the receipt and disbursements of
revolving loan proceeds and that any duly authorized representative of the
City shall, at all reasonable times, have access to and the right to inspect,
copy, audit, and examine all such books, records and other documents of
the Borrower necessary to determine compliance with this agreement until
the conclusion of all issues arising out of this loan.
(d) The Borrower warrant that it has fully complied with all applicable state
and federal laws pertaining to its business and will continue said
compliance throughout the terms of this Agreement. If at any time notice
of noncompliance is received by the Borrower, it agrees to take any action
to comply with the State and Federal law in question.
(e) The Borrower warrant that the $10,000.00 loan, which is the subject of this
agreement, is necessary to create job(s) as described under this
Agreement and is necessary for the successful completion of the
improvements to the Development Property.
ARTICLE 11
OTHER SPECIAL CONDITIONS
SECTION 11.1, WORKERS COMPENSATION INSURANCE. Borrower has
obtained worker’s compensation insurance as required by Minnesota Law.
SECTION 11.2, PAYMENT OF CITY’S COSTS. Borrower shall pay reasonable
attorneys fees incurred in preparing all documentation related to this loan and all other
costs incurred by the City in processing this loan request.
SECTION 11.3. BUSINESS WITH THE STATE OF MINNESOTA/STATE TAX
LAWS.The Borrowerare required by Minnesota Law to provide its Minnesota tax
identification number if it does business with the State of Minnesota. This information
may be used in the enforcement of Federal and State tax laws. Supplying these numbers
could result in an action to require the Borrowerto file State tax returns and pay delinquent
State tax liabilities. This Agreement will not be approved unless these numbers are
provided. These numbers will be available to Federal and State tax authorities and State
personnel involved in the payment of State obligations.
Jupiter Moon, LLC
Minnesota Tax ID: 5944965
Federal Employer ID: 83-1833158
SECTION 11.4. EFFECT ON OTHER AGREEMENTS. Nothing in this Agreement
shall be construed to modify any term of any other agreement to which the City and the
Borrowerare parties.
SECTION 11.4. RELEASE AND INDEMNIFICATION COVENANTS. Except for
any breach of the representations and warranties of the City or the negligence or other
wrongful act or omission of the following named parties, the Borrower agree to protect
and defend the City and the governing body members, officers, agents, servants, and
employees thereof, now and forever, and further agrees to hold the aforesaid harmless
from any claim, demand, suit, action, or other proceeding whatsoever by any person or
entity whatsoever arising or purportedly arising from the Project and the Borrower'
activities on the Development Property.
SECTION 11.5. MODIFICATIONS. This Agreement may be modified solely
through written amendments hereto executed by the Borrower and the City.
SECTION 11.6. NOTICES AND DEMANDS. Any notice, demand, or other
communication under this Agreement by either party to the other shall be sufficiently given
or delivered only if it is dispatched by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally:
(a) as to the City: City of St. Joseph
ATTN: Kris Ambuehl, City Administrator
75 Callaway St E
St. Joseph, MN 56374
(b) as to the Borrower: Jupiter Moon, LLC
ATTN: David Boyer
15 E Minnesota Street
Suite 108
St. Joseph, MN 56374
or at such other address with respect to any party as thatparty may, from time to time,
designate in writing and forward to the others as provided in this Section 11.6.
SECTION 11.7. CONFLICT OF INTERESTS; REPRESENTATIVES NOT
INDIVIDUALLY LIABLE. No officer or employee of the City may acquire any financial
interest, direct or indirect, in this Agreement, the Project or in any contract related to the
Project. No officer, agent, or employee of the City shall be personally liable to the
Borrower or any successor in interest in the event of any default or breach by the City or
for any amount that may become due to the Borrower or on any obligation or term of this
Agreement.
SECTION 11.8. BINDING EFFECT. The covenants and agreements in this
Agreement shall bind and benefit the heirs, executors, administrators, successors, and
assigns of the parties to this Agreement.
SECTION 11.9. TITLES OF ARTICLES AND SECTIONS. Any titles of the
several parts, Articles, and Sections of this Agreement are inserted only for
convenience of reference and shall be disregarded in construing or interpreting any of
its provisions.
SECTION 11.10. COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall constitute one and the same instrument.
SECTION 11.11. CHOICE OF LAW AND VENUE. This Agreement shall be
governed by and construed in accordance with the laws of the state of Minnesota without
regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out
of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties
to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
SECTION 11.13. WAIVER. The failure or delay of any party to take any action or
assert any right or remedy, or the partial exercise by any party of any right or remedy shall
not be deemed to be a waiver of such action, right, or remedy if the circumstances
creating such action, right, or remedy continue or repeat.
SECTION 11.14. ENTIRE AGREEMENT. This Agreement, with the exhibits
hereto, constitutes the entire agreement between the parties pertaining to its subject
matter and it supersedes all prior contemporaneous agreements, representations, and
understandings of the parties pertaining to the subject matter of this Agreement.
SECTION 11.15. SEPARABILITY. Wherever possible, each provision of this
Agreement and each related document shall be interpreted so that it is valid under
applicable law. If any provision of this Agreement or any related document is to any extent
found invalid by a court or other governmental entity of competent jurisdiction, that
provision shall be ineffective only to the extent of such invalidity, without invalidating the
remainder of such provision or the remaining provisions of this Agreement or any other
related document.
SECTION 11.16. IMMUNITY. Nothing in this Agreement shall be construed as
a waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466.
IN WITNESS WHEREOF, the City, Borrower and Guarantors have caused this
Agreement to be duly executed in their names and on their behalf as of the date first
above written.
CITY OF ST. JOSEPH
(SEAL)
_____________________________
Richard Schultz, Mayor
______________________________
Kris Ambuehl, City Administrator
JUPITER MOON, LLC
______________________________
David Boyer
Its______________________________
GUARANTOR:
______________________________
David Boyer
State of Minnesota )
) s.s.
County of Stearns )
The foregoing instrument was acknowledged before me this ______ day of July, 2020
by Richard Schultz, Mayor and Kris Ambuehl, City Administrator of the City of St.
Joseph.
_________________________________
Notary Public
State of Minnesota)
) s.s.
County of Stearns )
The foregoing instrument was acknowledged before me this _______ day of July, 2020
by David Boyeras ______________________ of Jupiter Moon,LLC., a Minnesota
limited liability company, Borrower.
_________________________________
Notary Public
State of Minnesota)
) s.s.
County of Stearns )
The foregoing instrument was acknowledged before me this _______ day of July, 2020
by David Boyer,individually, Guarantor.
_________________________________
Notary Public
EXHIBIT A
DESCRIPTION OF COLLATERAL
The Borrowershall grant to the City a security interest in the following property:
Blue Air Reach-in Freezer: M/C BSF49-BA126 S/N: BSF2A94JA0005 Value:
$4,600
Excellence HBD-12HC Dipping Cabinet: S/N 1125010118000103Value: $2,229
Global Refrigeration T30HSP Hardening Cabinet: S/N 1823204 Value: $5720
EXHIBIT B
PROMISSORY NOTE
U.S. $10,000.00 July ____, 2020
St. Joseph, Minnesota
A. BORROWER’S PROMISE TO PAY
For value received, the undersigned (the “Borrower”) promises to pay to the order
of City of St. Joseph (“Lender”), at its office at the City Administrator’s Office, 75
Callaway Street E, St. Joseph, Minnesota 56374, or at any other place
designated at any time in writing by the holder of this Note, in lawful money of the
United States of America, the principal sum of ten thousand dollars ($10,000.00)
together with interest at a rate of three percent (3.00%) per annum.
B. PAYMENTS
Borrower shall pay Lender $____ per month, beginning ___________________,
2020and continuing thereafter until all principal and accrued interest are paid in
full. If any payment is not paid when due or within ten (10) days thereafter, the
Borrower shall pay Lender on demand a late charge equal to five percent (5%) of
the unpaid overdue amount.
C. DISBURSEMENTS
The holder of the Promissory Note will disburse to the Borrower $10,000.00 upon
the signed execution of this agreement, filing of Uniform Commercial Code
documents, and the Guaranty of David Boyer in accordance with the Loan
Agreement.
D. BORROWER’S RIGHT TO PREPAY
The Borrower, may, at any time, or from time to time, prepay the amount of
principal interest outstanding in whole or part, without penalty or premium. Any
such prepayment shall be applied to payment of accrued interest first and then to
the outstanding principal. Accrued interest shall accumulate at the rate of three
percent (3.00%) per annum.
E. RIGHT TO INSPECT BOOKS, RECORDS, AND REPORTS
Lender and/or agent shall have the right to inspect Borrower’s books and records
as it deems necessary to ensure compliance with the terms of this Note.
F.BORROWER’S DEFAULT
Upon the occurrence of any of the following events, the holder of this Note may,
at its option, upon ten (10) days’ written notice to the Borrower, declare this Note
in default and to be immediately due and payable:
1.The Borrower fails to pay when due any amount payable on the Loan and
such nonpayment is not remedied within ten (10) business days after
written notice thereof to the Borrower by the Lender;
2.The Borrower is in breach of any material obligation or agreement under
this Agreement (other than nonpayment of any amount payable on the
Loan) and remains in breach in any material obligation for thirty (30)
business days after written notice thereof to the Borrower by the Lender;
provided, however, that if such breach shall be incapable of being
reasonably cured within such thirty (30) business days after notice, and if
the Borrower commences and diligently prosecutes the appropriate steps
to cure such breach, no default shall exist so long as the Borrower is
proceeding to cure such breach;
3. If any material covenant, warranty, or representation of the Borrower shall
prove to be untrue in any material respect, provided such covenant,
warranty or representation of the Borrower remains untrue in any material
respect for thirty (30) business days after written notice thereof to the
Borrower by the Lender; provided, however, that if such untruth shall be
incapable of being reasonably corrected within such thirty (30) business
days after notice, and if the Borrower commences and diligently
prosecutes the appropriate steps to correct such untruth, no default shall
exist so long as the Borrower is so proceeding to correct such untruth;
4. A final judgment is entered against the Borrower that the Lender
reasonably deems will have a material, adverse impact on the Borrower's
ability to comply with the Borrower’s obligations under this Agreement;
5.The Borrower merges or consolidates with any other entity without the
prior written approval of the Lender, which consent the Lender will not
unreasonably withhold;
6. There is a loss, theft, substantial damage, or destruction of all or any part
of the Collateral that is not remedied to the Lender's satisfaction within
sixty (60) business days after written notice thereof by the Lender to the
Borrower.
This note shall also become automatically due and payable without notice or
demand:
1. If a Borrower is dissolved; or
2. If a petition is filed by or against a Borrower under the United States
Bankruptcy Code.
G.PAYMENT OF NOTE HOLDER’S COSTS AND EXPENSES
Borrower agrees to pay all costs of collection, including attorneys’ fees, in the
event this Note isnot paid when due.
H.GIVING OF NOTICES
Any notice that must be given to the Borrower under this Note will be given by
and effective upon delivering it or mailing it by first-class mail, postage prepaid, to
the undersigned at:
Jupiter Moon, LLC
15 E. Minnesota Street, Suite 108
PO Box ___________
St. Joseph, MN 56374
ATTN: David Boyer
or at such other address as the Borrower may designate by notice to the holder of
this Note.
I. WAIVERS
Presentment or other demand for payment, notice of dishonor, and protest are
hereby waived by the Borrower.
J. GOVERNING LAW
This Note shall be governed by the substantive laws of the State of Minnesota.
Jupiter Moon, LLC
______________________________
David Boyer, Its _____________________
EXHIBIT C
COMMERCIAL SECURITY AGREEMENT
THIS COMMERCIAL SECURITY AGREEMENT (this “Agreement”), dated
as of July, 2020, is made between Jupiter Moon, LLC, a Minnesota limited liability
company (collectively “Borrower”) and the City of St. Joseph, a Minnesota municipal
corporation, (“Secured Party”).
Secured Party and Borrower are parties to that certain Loan Agreement for
Loan for St. Joseph Revolving Loan Fund, dated as of July ___, 2020 (the “Loan
Agreement”), pursuant to which, among other things, Borrower has agreed to
make grant a security interest in certain assets to Secured Party in order to induce
Secured Party to loan funds to (“Borrower”).
To induce Secured Party to enter into the Loan Agreement, Borrower and
Secured Party desire to enter into this Agreement for the purpose of effecting the
grant by Borrower to Secured Property of the Liens in the personal property of
Borrower contemplated hereby.
Borrower hereby grants to Secured Party, and their successors or assigns, a security
interest in the specific collateral identified on Exhibit A, to secure the payment in
performance of each and every debt, liability and obligation of every type and
description which Borrower may now or at any time hereafter owe to Secured Party,
including a Promissory Note of even date herewith and all extensions, renewals, and
replacements thereof. Borrower warrants that the collateral is being purchased in
relation to the project and is being acquired with the proceeds of the above-referenced
note.
1. WARRANTIES AND COVENANTS. The Borrower hereby warrants and covenants
as follows:
A. Ownership of Collateral. That Borrower is the owner of all collateral itemized
above or presently fitting the above description, free from any adverse lien, security
interest or encumbrance and will own all collateral which hereafter fits such description,
and that the Borrower will defend the collateral against all claims and demands of all
persons at any time claiming the same or any interest therein.
B. Removal of Collateral. That except as provided in this agreement, the
Borrower will not remove the collateral from the following locations:15 E Minnesota
Street, Suite 108, St. Joseph, Minnesota, without the written consent of the Secured
Party.
C. Borrower’s Address. That the Borrower’s principal place of business in the
State of Minnesotais 15 E Minnesota Street, Suite 108,St. Joseph, Minnesota, located
in StearnsCounty and that the Borrower will immediately notify the Secured Party in
writing of any change in the Borrower’s place of business.
D. Financing Statement. That no financing statement covering the collateral or
any proceeds thereof is on file in any public office in favor of any party other thanthose
identified in subparagraph A above, and that at the request of the Secured Party, the
Borrower hereby appoints Secured Partyas attorney in fact for the purpose ofexecuting
one or more financing statements pursuant to the Uniform Commercial Code in a form
satisfactory to the Secured Party and will pay the cost of filing the same in all public
offices wherever filing is deemed by the Secured Party to be necessary or desirable. A
photographic or other reproduction of this agreement, or any financing statement signed
by the Borrower, shall be sufficient as a financing statement.
E. Transfer of Interest. That except as hereinafter provided, the Borrower will
not sell or offer to sell or otherwise transfer the collateral or the proceeds thereof or any
interest therein without the written consent of the Secured Party.
F. Insurance. That the Borrower shall have and maintain insurance through any
insurance company of his choice at all times with respect to all collateral against all
risks, including risk of fire and so called extended coverage, theft and other risks as the
Secured Party may require, containing such terms, in such form, for such periods and
written by such companies as may be satisfactory to the Secured Party, such insurance
to be payable to the Secured Party and the Borrower as their respective interest may
appear, that all policies of insurance shall provide for ten (10) days written minimum
cancellation notice to the Secured Party and at the request of the Secured Party shall
be delivered to and held by them, and that the Secured Party may act as attorney for
the debtor in obtaining, adjusting, settling, and canceling such insurance and endorsing
any drafts. Borrower shall further provide Secured Party with proof of general liability
insurance in an amount acceptable to the Secured Party and shall list Secured Party as
an additional insured and loss payee on said policies.
G. Maintenance of Collateral. That the Borrower will keep the collateral and the
proceeds thereof free from any adverse lien, security interest, or encumbrance and in
good condition and will not waste or destroy the collateral or any part thereof, and that
the Secured Party may examine and inspect the collateral at any time, wherever
located.
H. Payment of Taxes and Assessments by Borrower. That the Borrower will pay
promptly when due all taxes and assessments upon the collateral or upon the proceeds
thereof.
I. Delivery of Proceeds of Collateral. That upon request of the Secured Party at
any time, the Borrower will deliver to the Secured Party lists or copies of all accounts
which are proceeds of the collateral promptly after they arise, and will deliver to the
Secured Party promptly upon receipt all proceeds of the collateral, including rents for
the collateral, including proceeds of the accounts referenced to above, received by the
debtor in the exact form in which they are received. That to evidence the Secured
Party's rights under this agreement, the Borrower will assign or endorse proceeds to the
Secured Party as the Secured Party may request, the Secured Party shall have the full
power to collect, compromise, endorse, sell, or otherwise deal with proceeds in its own
name or that of the Borrower. That the Secured Party in its discretion may apply cash
proceeds to the payment of any obligations secured hereby or may release such cash
proceeds to the Borrower for use in the operation of the Borrower's business.
2. DEBTORS USE OF COLLATERAL. Until default, as provided for in paragraph no. 3,
the Borrower may possess and use the collateral in any lawful manner not inconsistent
with this agreement or with the terms or conditions of any policy of insurance thereon,
and may also sell the collateral in the ordinary course of business. A sale in the
ordinary course of business does not include a transfer in partial or total satisfaction of a
debt.
3. DEFAULT. The Borrower shall be in default under this agreement upon the
happening of any of the events or conditions.
A. Default in the payment or performance of any obligation, covenant or liability
contained or referred to in this agreement or in any note evidencing the obligation
secured hereby.
B. Any warranty, representation, or statement made or furnished to the Secured
Party by or on behalf of the Borrower proving to be false in any material respect when
made or furnished.
C. Any event which results in the acceleration or maturity of the indebtedness of
the Borrower to others under any agreement.
D. Loss, theft, damage, destruction, sale, or encumbrance to or of any of the
collateral, or the making of any levy, seizure, or attachment thereon or thereof.
E. Death, dissolution, termination of existence, insolvency, business failure,
appointment of a receiver of any part of the property of,assignment for the benefit of
creditors by, or the commencement of any proceeding under bankruptcy or insolvency
laws by or against the Borrower.
4. ACCELERATION OF DEBT. Upon such default and at any time thereafter, the
Secured Party may declare all obligations secured by this Agreement immediately due
and payable and shall have the remedies of the Secured Party under the Uniform
Commercial Code and all other remedies available under Minnesota law. The Secured
Party may require the Borrower to assemble the collateral and make it available to the
Secured Party at a place to be designated by the Secured Party which is reasonably
convenient to both parties. Unless the collateral is perishable or threatens to decline
speedily in value or is of a type customarily sold on a recognized market, the Secured
Party will give the Borrower reasonable notice of the time and place of any public sale
thereof or of the time after which any private sale or any other intended disposition
thereof is to be made. The requirement of reasonable notice shall be satisfied by
providing a notice ten (10) days prior to any such sale and shall be met as such notice
is mailed, postage pre-paid, to the address of the Borrower by Certified Mail, Return
Receipt Requested. Expenses of retaking, holding, preparing for sale, selling, or the
like, including Secured Party's reasonable attorney's fees and legal expenses shall be
the obligation of the Borrower and shall be secured by the security interest granted
hereunder.
5. WAIVER OF DEFAULT. No waiver by the Secured Party of any default shall
operate as a waiver of any other default or of the same default on a future occasion.
I acknowledge receipt of a copy of this Agreement.
This Agreement shall become effective when it is signed by the Borrower.
Signed and Delivered this _____ day ofJuly, 2020.
BORROWER:
Jupiter Moon, LLC
______________________________
By: David Boyer
Its:______________________________
State of Minnesota)
) s.s.
County of Stearns )
The foregoing instrument was acknowledged before me this _______ day ofJuly, 2020,
by David Boyer, the ________________ of Jupiter Moon, LLC., a Minnesota limited
liability company.
_________________________________
Notary Public
EXHIBIT D
PERSONAL GUARANTY
PERSONAL GUARANTY
WHEREAS, pursuant to that certain Loan Agreement to be dated July__, 2020
between Jupiter Moon, LLC, a Minnesota limited liability company(collectively
“Borrower”) and the City of St. Joseph, Minnesota, a Minnesota Municipal Corporation
(“Lender”), Lender has agreed to loan to Borrower the sum of Ten Thousand and NO/100
Dollars ($10,000.00) (the “Loan”); and
WHEREAS, simultaneously with the execution of the Loan Agreement, the
Borrower has issued to Lender its Promissory Note in the original principal amount of
$10,000; and
WHEREAS , the Lender’s willingness to enter into the Loan Agreement and make
such Loan to Borrower is conditioned upon the personal guaranty as to the payment of
all indebtedness and obligations under the Loan Agreement, Promissory Note and related
Loan Documents by David Boyer an individual residing in Minnesota, (“Guarantor”).
NOW, THEREFORE, Guarantor agrees as follows:
1. In order to induce Lender to enter into the Loan Agreement with and make the
Loan to Borrower, Guarantor does hereby absolutely and unconditionally
guarantee to Lender the payment, and not merely the collection, of all
indebtedness and obligations of whatever nature of Borrower to Lender under
the Loan Agreement, Note and Loan Documents, as and when the same shall
in any manner be or become due according to the terms and conditions
provided therein (the “Indebtedness”).
2. Without limiting the generality of the foregoing, the Guarantor agrees that
he/she will pay the full amount of the Loan Amount, Basic Interest, Default
Interest, fees or any other charges under the Loan Agreement, Note and Loan
Documents, now or hereafter due, as and when the same shall in any manner
be or become due according to the terms and conditions provided therein.
3.The Guarantor hereby waives (a) notice of acceptance of this Guaranty by
Lender; (b) the creation of Indebtedness of Borrower to Lender; (c) demand,
notice of dishonor, presentment for payment, protest and notice of protest and
of non-performance on all of said Indebtedness; and (d) if said Indebtedness is
renewed, or if the time for payment thereof be extended (to which Guarantor
hereby consents) either with or without notice to Guarantor, Guarantor
unconditionally guarantees the payment of such Indebtedness at the time fixed
for the payment thereof in and by any such renewal or extension.
4.Guarantor further waives all rights, by statute or otherwise, to require Lender
to proceed in the first instance against the Borrower, and hereby expressly
agrees that in any right of action which shall accrue to Lender by reason of the
Indebtedness, Lender may, at its sole option, proceed: (a) against either or both
Guarantors together with Borrower; or (b) against either or both Guarantors
only, without having first commenced any action against or having obtained any
judgment against Borrower; it being specifically agreed that Lender is in no way
required to exercise diligence to enforce its rights against the Borrower or
against any other person, firm or corporation, as may be applicable, with
respect to the Indebtedness.
5.The undersigned further acknowledges and agrees with the Lender that:
A. No act or thing need occur to establish the liability of the undersigned
hereunder, and no act or thing except full payment and discharge of
indebtedness under the promissory note (the “Indebtedness”) shall in
any way exonerate the undersigned or modify, reduce, limit or release
the liability of the undersigned hereunder.
B. If any of the undersigned shall die, or shall be or become insolvent
(however defined), then the Lender shall have the right to declare
immediately due and payable, and the undersigned will forthwith pay to
the Lender, the full amount of all Indebtedness, whether due and
payable or unmatured. If any of the undersigned voluntarily
commences or there is commenced involuntarily against the
undersigned a case under the United States Bankruptcy Code, the full
amount of all Indebtedness, whether due and payable or unmatured,
shall be immediately due and payable without demand or notice
thereof.
C. The undersigned will pay or reimburse the Lender for all costs and
expenses (including reasonable attorneys' fees and legal expenses)
incurred by the Lender in connection with the protection, defense or
enforcement of this guaranty, whether or not suit is commenced, which
attorneys' fees and legal expenses shall include, but not be limited to,
any attorneys' fees and legal expenses incurred in connection with any
appeal of a lower court's judgment or order.
D.The obligations of Guarantors under this guaranty are joint and
several.
E.If any payment applied by the Lender to Indebtedness is thereafter set
aside, recovered, rescinded or required to be returned for any reason
(including, without limitation, the bankruptcy, insolvency or
reorganization of Borrower or any other obligor), the Indebtedness to
which such payment was applied shall for the purposes of this
guaranty be deemed to have continued in existence, notwithstanding
such application, and this guaranty shall be enforceable as to such
Indebtedness as fully as if such application had never been made.
F. The undersigned acknowledges and agrees that the Lender (a) has not
made any representations or warranties with respect to, (b) does not
assume any responsibility to the undersigned for, and (c) has no duty
to provide information to the undersigned regarding, the enforceability
of any of the Indebtedness or the financial condition of the Borrower or
any guarantor. The undersigned has independently determined the
creditworthiness of the Borrower and the enforceability of the
Indebtedness and until the Indebtedness is paid in full will
independently and without reliance on the Lender continue to make
such determinations.
G. This guaranty shall be binding upon the undersigned and the heirs,
representatives, successors and assigns of the undersigned and shall
inure to the benefit of the Lender and its participants, successors and
assigns. Any invalidity or unenforceability of any provision or
application of this guaranty shall not affect other lawful provisions and
application hereof, and to this end the provisions of this guaranty are
declared to be severable. This guaranty may not be waived, modified,
amended, terminated, released or otherwise changed except by a
writing signed by the undersigned and the Lender. This guaranty shall
be governed by the substantive laws (other than the law of conflicts) of
the State of Minnesota. The undersigned waive(s) notice of the
Lender's acceptance hereof.
BE IT FURTHER RESOLVED, Guarantor hereby:
EXPRESSLY WAIVE(S) ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION
OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS (a) UNDER THIS
GUARANTY OR UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR
AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED
IN CONNECTION HEREWITH, OR (b) ARISING FROM ANY RELATIONSHIP
EXISTING IN CONNECTION WITH THIS GUARANTY, AND AGREE(S) THAT
ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT
AND NOT BEFORE A JURY.
THE UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL OF THE
PROVISIONS OF THIS AGREEMENT AND AGREES TO ITS TERMS.
IN WITNESS WHEREOF, this guaranty has been duly executed by the undersigned
this _____ day of July, 2020.
________________________________
David Boyer, Guarantor
Subscribed and sworn to before me this ____ day of July, 2020 by David Boyer,
Guarantor.
______________________________
Notary Public
Council Agenda Item 5
MEETING DATE: July 6, 2020
AGENDA ITEM: Carl Berg, Vendor Events
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: The Council approved the initial vendor event that was
held on June 27, 2020.
BACKGROUND INFORMATION: Carl Berg has approached staff to add two additional
stth
vendor events this year: August 1 and September 19. Mr. Berg mentioned that the previous
st
event was a success and the location worked well. The one to be held August 1 will be similar
th
in size to the first one. Mr. Berg would like to plan on having the September 19 event be much
larger. Staff has been working on a Special Event Ordinance that would govern events like these
nd
and would have a draft potentially available at the 2 meeting in July.
Carl Berg will be present at the meeting to present his request and answer any questions.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Request for Council Action
REQUESTED COUNCIL ACTION: Consider approving the vendor event for August 1, 2020
and discuss the requirements for the September 19, 2020 event.
Council Agenda Item 6
MEETING DATE: July 6, 2020
AGENDA ITEM: Ord 502 Amendment, Rural Residential District
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission (5-0)
recommends approval of the Amendment to Zoning Ordinance 502, Section 502.27 RR- Rural
Residential District.
PREVIOUS COUNCIL ACTION: In 2018, the City Council approved a new Rural Residential
District in response to annexing large portions of St. Joseph Township.
BACKGROUND INFORMATION: The intent of the Rural Residential District Ordinance is to
establish and preserve areas within the City for the continuation of agricultural operations, open space and
provide for very low-density residential development and a rural life-style. During the initial drafting of
the Ordinance, there was consensus to be consistent with Stearns County regulations. Staff has identified
inconsistencies with Stearns County Land Use and Zoning Ordinance and therefore, has drafted
recommended amendments for your consideration.
ATTACHMENTS: Ordinance 2020-06 Amending Ordinance 502
Ordinance 2020-06 Approving Summary Ordinance
REQUESTED COUNCIL ACTION: Motion 1: Approve Ordinance No. 2020-06 Amending
Ordinance 502, Section 502.27.
Motion 2: Approve Ordinance 2020-06 Summary Ordinance (Supermajority Required).
ORDINANCENO.2020-06
AN ORDINANCEAMENDINGORDINANCE502, SECTION 502.27
New language is underlined
Strickenlanguageis crossed out.
IT IS HEREBY ORDAINED BY THE COUNCIL OFTHE CITY OF ST. JOSEPH
MINNESOTA:
That Ordinance 502, Section 502.27 is hereby amended as follows:
Section 502.27:RR-RURAL RESIDENTIAL DISTRICT
Subd. 1: Intent.To establish and preserve areaswithin the Cityfor the continuation of
agricultural operations; to provide for verylow densityresidential development for those persons
desiringa rural life-style,to preserve and protect areas where soil conditions, bedrock
conditions, steep slopes,significant vegetation, wetlands or other unique natural features which,
arebest suited for open space andlimited development,and are necessarytomaintain the
character of the area or thecommunity,and which wouldbe irreparablyharmed bydenser
development,andto allow for use ofareasnot suitable for urbandevelopment, to prevent rapid
urbanization and provide economy in public expenditures,and to govern and implement the long
range urban service plan of the City as identified in the Comprehensive Plan.
Subd. 2: Purpose.The Rural Residential district is included in the zoning provisions to
achieve the following purposes:
a)Minimize land use conflict between agricultural and other land uses.
1.Maintain suitable boundaries for urban, rural residential and agricultural areas.
2.Prevent premature urban development in rural areas which eventually may be
appropriate for urban uses, until the installation of streets, utilities, and until the
demand exists for such development.
b)Manage the impacts of growth and development on the City’s rural character.
1.Discourage incompatible land uses through effective land use controls.
2.Identify appropriate areas for commercial, industrial and non-farm rural
residential developments.
3.Coordinate infrastructure expansion with development; and encourage
development where the infrastructure is adequate to serve that growth.
Subd. 3: Definitions.The following words andterms, in addition to the words and terms
identified in Section 502.04 in this Ordinance, shall have the following meanings, unless the
context clearly indicates otherwise:
a)Agricultural Building:A structure used for the storage and maintenance of
502.27-1
agricultural equipment, or the storage of livestock, feed, crops, or other agricultural
products.
b)Agricultural Operation:Real or personal property used for production of crops
including, but not limited to, fruit and vegetative production, tree farming, livestock,
poultry, dairy products or poultry products, but not a facility primarily engaged in
processing agricultural products. An agricultural operation shall also include certain
farm activities and uses as follows:
a.Chemical and fertilizer spraying
b.Farm machinery noise
c.Extended hours of operation
d.Storage and spreading of manure and biosolids under state permit
e.Open storage of machinery
f.Odors produced from normal farm activities
g.On farm marketing of farm products
h.Yard waste and leaf composting site
i.Contaminated soils disposal
c)Animal Feedlot:a lot or building or combination of lots and buildings intended for
the confined feeding, breeding, raising or holding of animals and specifically
designed as a confinement area in which manure may accumulate or where the
concentration of animals is such that a vegetative cover cannot be maintained within
the enclosure. For purposes of this Section, petting zoos, horse stalls, riding arenas,
open lots and mink farms shall be considered to be animal feedlots. Pastures shall not
be considered animal feedlots. Animal feedlotsshall include any manure storage
structure.
d)Home Extended Business:An occupation or profession engaged in by the occupant of
a dwelling unit within said unit or accessory structure which involves the storage of a
limited amountnumberof vehicles and equipment; repair; service or assembly
requiring equipment other than customarily found in a home; or the storage of stock
in trade incidental to the performance of a service. A home extended business shall be
clearly incidental and secondary to the residential use of the premises, and shall only
include the sale of merchandise incidental to the home extended business.
e)Hobby Farm: An area on which crops are grown and or livestock (excluding fur-
bearing livestock) are raised.
f)Residential Subdivision: A described tract of land which has been divided into single
st
family residential lots establishing a residential neighborhood. Areas include 1
Avenue NE at First Street East to CO RD 2, CO RD 2 at First Street East to Jasmine
Lane, Forest Manor Addition, River Ridge Estates, and Sunset Ridge.
Subd. 4:Permitted Uses.
502.27-2
a)Agricultural Operation
b)Single family detached dwelling unit
c)Hobby Farms
d)Roadside stand for the sale of agricultural products produced on the premises
(providing that such stands conform to the requirements of this Title relative to
construction, setback and use).
e)Public parks, recreational areas, environmental study areas and game refuges.
f)Forestry, nurseries, green houses and tree farms excluding retail sales.
g)Residential care facilities serving 6or fewer residents
g)Residences for principal farm operators
Subd. 5:Conditional Uses. The following uses require a Conditional Use Permit as
regulated in this Ordinance.
a)Antennas -TV/Radio Receiving, Short Waive/Private Transmitting.
ba)Essential Services, Transmission Services and Utility Substations
cb)Animal Feedlot expansions
c)Bed and Breakfast Inns
d)Government administrative and service buildings
e)Home extended businesses
f)Commercial outdoor recreationfacilities, including golf courses, club houses,
swimming pools and similar uses.
g)Kennels with over fourdogs.–private
h)Solar Systems
i)h)Cemeteries
j)i)Facilities for retail or wholesale trade connected with nursery or tree farms
k)j)Places of Worship
502.27-3
l)k)Public and private schools
nl)Residential care facilities serving 7-16 residents.
Subd. 6:Interim Uses. The following uses require an Interim Use Permit as regulated in
this ordinance as:
a)Mining, and extraction of minerals, sand, graveland other granular materials and
the like subject to other applicable sections of this Ordinance. dirt, per this Section 502.17.
b)Portable asphalt and concrete mixing plants within extractive uses. The interim
use permit issues shall include, but is not limited to, the following conditions:
provisions for adherence to pollution control standards, hours of operation,
setbacks, haul roads, areas where the plant is to be located and slopes. The
interim use permit required for portable asphalt and concrete mixing plants is in
addition to the interim use permit required for the operation of the
mining/extractive use.
Subd. 7:Permitted Accessory Uses.
a)Detached Accessory Buildings onresidentialpropertiesshall be exempt from
Section 502.12 Subd. 1 of this Ordinance and shall meet the following:
i.The accessory building is located in the rear yard
i.ii.The size of the detached accessory building shall not exceed the square
footage footprint of the principal structureand five (5) percentof the total
lot area in a residential subdivision.Properties that areless than 27,000
square feetin size shall comply with R-1 district accessory building size
requirements.
ii.iii.The same or similar exterior building material,(such as siding, and
shingles,etc) shall be used on the accessory building and as the principal
buildingin residential subdivisions.
iv.Pole barns and/or post frame construction and hoop tubular frame
buildings are prohibited in residential subdivisions.
iii.v.No detached accessory building nor structure shall be constructed on any
lot prior to the time of construction of the principal building to which it is
accessory.
v.Detached accessory buildings, excluding Agriculture Buildings shall not
exceed twenty (20) feet in height in residential subdivisions.
b)Agricultural Buildings
502.27-4
c)Operation and storage of vehicles, machinery and equipment which is incidental
to permitted or special uses allowed in this district.
c)Home occupations per Section 502.16.
d)Private swimming pools in compliance with Section 502.12 Subd. 4. For an in-
ground pool, an automatic pool cover can be used in lieu of fencing requirements
provided it is certified and complies with ASTM (American Society of Testing
and Materials) F1346-91standard,or successor standard.
e) Private sports courts i.e. tennis, basketball, etc.
f)Personal amateur radio and television antennas and satellite dish antennas.
g) Dog kennels with fouror fewer dogs, must be in the side or rear yard.
Subd. 8:Lot Area Requirements.
a)Minimum area 10 acres -435,600 square feet.
b)Minimum lot width 300 feet at the building setback line., except that if a lot or
tract has less area or width than herein provided and was legally platted and was
of record at the time of the passage of this Ordinance, that lot may be used for any
of the uses permitted by this section.
Subd. 9:Setback Requirements.
a)Front yYardsSetbacks:The front yard setback shall of not be less than 30 feet
from all other public right-of-ways, unless:
i) 30 percent or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that have observed a
greater or less depth of front yard in which instanceno buildings shall
project beyond a straight line drawn between the point closest to the street
of the residence upon either side of the proposed structure or,
ii) If there be are residences upon only one side, then it shall be on the
straight line projected from the front of the two nearest residences.
iii)This regulation shall not be interpreted to require a front yard of more than
100 feet.
b)Side yYardsSetback:The side yard setback shall not beless thanfifteen (15)feet,
except corner lots on which the side yard on the intersecting street shall be not
less than thirty (30) feet.Wherever a lot of record existing at the time of the
passage of this Ordinance has a width of 75 feet or less, the side yard on each side
502.27-5
of a building may be reduced to a width of the lot, but in no instance shall it be
less than 5 feet.
c)Rear yYardsSetback:sThe rear yard setback shall not be not less than thirty (30)
feet. 40 feet in width from each building.
d)Detached accessory structures shall not be less than ten (10) feet from the side and
rear lot lines, except corner lots on which the side yard on the intersecting street
shall not be less than twenty (20) feet.
Subd. 10:Height Requirements.
a)Buildings, other than agriculture buildings, shall notexceed thirty five(35) forty
(40) feet in height, except as hereinafter provided. Berming the building does not
allow a building to be constructed higher than 35feet. Elevation for the building
shall be determined by the average grade of the land.
b)Public or semi-public or public service buildings, hospitals, institutions or schools
may be erected to a height not exceeding 60 feet, and churches may be erected to
a height not exceeding 75 feet if the building is set back from each yard
requirement at least one foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building is located.
Subd. 11.Site Coverage. No structure or combination of structures shall occupy more
than 30% of the lot area.
Subd. 12:Rural Quality of Life Provisions.The Rural Residential zone applies to
properties annexed to the City of St. Joseph that were governed by the 1997 Orderly Annexation
Agreement. Properties in this area are rural in nature and havenot been impacted by urban
development and shall beexempted from certainrequirements applicable in other zones that
have been developed to an urban density. Theexemptions for the properties annexedto the City
of St. Joseph that were governed by the 1997 Orderly Annexation Agreement expire whenthe
annexed properties are taxed at the full City tax rates.These properties are defined in Appendix
Bof this Ordinance, which consists of the 1997 Orderly Annexation Agreement. The exemptions
are as follows:
a)Allowed Animals.Property owners whose property is zoned Rural Residential
shall have the following flexibility in relation to the regulations of Ordinance
1004, Licensing and Regulations of Animals:
i.Up to four (4) domestic dogs over three months oldshall be allowedper
household.
ii.Farms animals including but not limited cattle, horses, hogs, chickens,
geese, sheep, goats, pigs, ducks and turkeys shall be allowed.Animal
502.27-6
density allowance shall follow the Urban Expansion zoning district in the
Stearns County Land Use and Zoning Ordinance.
iii.Licenses shall not be required for domestic dogs.
iv.Animals shall be allowed to run at large unless this issue becomes a
nuisance generating complaints fromneighbors.
b)Hunting/Firearms.Recreationalfirearm and bow arrow usage will be permitted
without a city permit with the following conditions:
i.Property owners must adhere to all State and Federal laws regarding
hunting and the use and discharge of firearms, and bowsand arrows.
ii.The Police Chief will monitor development of properties located within
this zoning district and as urbanization occurs, Firearms and Hunting may
be restricted.
c)Burning.Properties zoned Rural Residential shall be exempt from Ordinance
1003, Fire and Burning regulations provided:
i.Any open burning must be approved and permitted by the MN DNR.
d)RentalRegulations:Properties located in the Rural Residential zoning district
shall not be restricted from renting their dwelling or portion thereof. The property
owner shall be required to secure a rental license annually.
e)d)Wood Burning Stoves:Properties located in the Rural Residential zoning district
may utilize wood burning stoves as a form of alternative heat provided:
a.The wood burning stove meets the minimum setback requirements based
on the manufacturer’s guidelines.
b.Building Permits are secured for the installation
c.All stoves must meet the MPCA Guidelines
e)Noise.Rural Residential areas shall be exempt from the Noise Ordinance (1002)
provided that noise as defined in the Noise Ordinance does not become a public
nuisance or an endangerment to others.
f)Fences.Properties shall be exempt from the City Fence Ordinance, except for
those in a residential subdivision.
g)Drivewayand Parking Areas. Properties shall be exempt from the City Off Street
Parking Ordinance.Drivewayand parking areas shall follow Stearns County
Land Use and Zoning Ordinance.
502.27-7
Subd. 13:Additional Requirements. Uses may be subject to additional requirements
containedin this Ordinance including, but not limited to the sections governing parking, home
occupation, floodplain, signs, etc.
This ordinance becomes effective from and after its passage and publication.
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Passed by the City Council of St. Joseph, Minnesota the 6day of July,2020
Rick Schultz, Mayor
ATTEST
Kris Ambuehl, City Administrator
This amendment was published on , 2020.
502.27-8
ORDINANCE NO. 2020-06
AN ORDINACE AMENDING
ORDINANCE 502, SECTION 502.27 RR – RURAL RESIDENTIAL DISTRICT
The following official summary of the ordinance referred to has been approved by the City Council of St.
Joseph as clearly informing the public of the intent and effect of the amendments.
Ordinance 502, Section 502.27 – RR- Rural Residential District
The ordinance amendment updates the Rural Residential District ordinance addressing conditional and
interim uses related to antennas, kennels, solar systems and mining. This ordinance updates size, height,
building material, construction and lot coverage for detached accessory buildings. Setback requirements
have been updated for principal and accessory structures. Animal density, fences, and driveway
requirements have been added to the ordinance.
A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk,
Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at
www.cityofstjoseph.com.
This document hereby is made a part of this ordinance and is attached hereto.
Rick Schultz, Mayor
ATTEST:
Kris Ambuehl, Administrator
SEAL
PUBLISHED IN THE ST. CLOUD TIMES ON , 2020.
Council Agenda Item 7
MEETING DATE: July 6, 2020
AGENDA ITEM: Parklet Proposal
SUBMITTED BY: Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Approve public parklet as a pilot
program for the 2020 season, including location and city ownership.
PREVIOUS COUNCIL ACTION: The City Council tabled action on the public parklet at their last
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meeting on July 15 and directed staff to research private parklets and sidewalk seating areas in other
municipalities.
BACKGROUND INFORMATION: A parklet repurposes part of the street into a public space for
people, essentially it is an extension of the sidewalk. Parklets provide amenities like seating, planting,
bike parking, and art. The City has received a request by Matt Lindstrom with CSB/SJU for a public
parklet to locate downtown. The parklet proposal was proposed by students in an urban studies class in
spring of 2019 and 2020.
The City would receive up to $1,000 in grant funding from Stearns County Public Health through the
Statewide Health Improvement Program (SHIP). The Eugene McCarthy Center for Public Policy and
Civic Engagement would contribute in-kind labor and matching funds up to $1,000. Through further
stakeholder involvement and design, it is the intention that the parklet will be attractive, safe, require
limited maintenance and be removed in late October. The parklet will be designed to take up two parking
spaces. Pia Lopez, manager of Minnesota Street Market has indicated that they are supportive of a parklet
locating in front of the market taking up two parking spaces. As part of the SHIP grant award, the City
may need to give the parklet structure to the Minnesota Department of Health (MDH) if the city
discontinues the pilot parklet. Parklets are treated similar to city parks as far as insurance coverage
provided they are signed as public space, owned and maintained by the municipality.
Staff has conducted preliminary research on parklets and sidewalk seating areas in the Cities of Duluth
and Minneapolis. Duluth has allowed private parklets for about 7 years through a temporary zoning
permit process. Duluth also allows sidewalk seating through a sidewalk use permit process. Sidewalk Use
Permits allow adjacent businesses to use a portion of the public sidewalk for seating, retail, or similar
uses. In Minneapolis, some parklets are private and funded and maintained by neighboring businesses,
residents or community organizations, and three are owned by the City of Minneapolis, which are hosted
by various businesses each year. Like Duluth, Minneapolis has a permit process for private parklets.!
Further staff research is recommended on sidewalk seating areas and private parklets with the Planning
Commission and City Council this fall and winter.
BUDGET/FISCAL IMPACT: In-kind. Public Works Department would water plantings,
empty garbage, store and install and remove structure.
ATTACHMENTS:
REQUESTED COUNCIL ACTION: Staff recommends approving the Public Parklet (owned by the
City) on Minnesota Street West in front Minnesota Street Market as a pilot program for the 2020 season
contingent on a SHIP grant award of $1,000 and at a minimum matching funds from the Eugene
McCarthy Center for Public Policy.
Council Agenda Item 8
MEETING DATE:July 6,2020
AGENDA ITEM: City Picnic Tables
SUBMITTED BY: Public Works Director/Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: Assist businesses with COVID 19 requirements
BACKGROUND INFORMATION: The City borrowed 36 picnic tables from the College of St.
Benedict and the Monastery to assist businesses with opening to customers for COVID 19 requirements.
The public has been using the tables daily to frequent businesses in the City of St. Joseph. These tables
are temporary and will need to be returned. This amenity for the businesses and their customers will likely
be requested for the 2021 spring, summer and fall season. In order to accommodate PW’s is requesting to
build tables when time permits. The cost to build a brown treated picnic table will be $200.00, Staff is
requesting to build 40 tables to cover the existing and future amenities provided by the City.
BUDGET/FISCAL IMPACT: The total cost for material would be $8,000.00 at current pricing, this will
require staff time to construct and all hardware. The Federal CARES money can be used to pay for this
project.
ATTACHMENTS:
REQUESTED COUNCIL ACTION: Approve the purchase of the material to construct 40 picnic tables.
Council Agenda Item 9
MEETING DATE: July 6, 2020
AGENDA ITEM: COVID-19/Delinquent Utility Billing Accounts
SUBMITTED BY: Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: Council recognized utility account holders may have
difficulties paying their utility bill on time. Council opted to waive shut offs during the
emergency order to ensure families and businesses can provide sanitation to occupants. Interest
is still being charged on late bills.
BACKGROUND INFORMATION: The current billing cycle that just ended is the
second bill since the emergency order for the Coronavirus began. The first billing cycle had a
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handful of accounts unpaid similar to previous cycles. The bill period that was due June 15 had
a higher number of accounts unpaid. Typically, a shut off notice goes out after the due date to
any unpaid account. The council opted not to do the notices and allow people to set up extended
payment plans to get caught up. We now have more accounts and higher delinquent balances.
next bill will have a high balance that may be more of a hardship for families/businesses. Staff
will work with them to set up payment plans when asked. Staff is requesting a longer period to
help people out. Some of them may have been out of work since March. To add to their issue,
the weather has been dry and lawn sprinkling increased. Utility bills are typically higher in the
summer months as a result.
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In addition, for the bill that will be due on August 15, staff would like to send out late notices.
Water will not be shut off until the emergency order ends or council directs. Residents have
called stating the notice is helpful as a reminder to pay and provides them more notice to set up
payment plans before the next bill is added to their account.
BUDGET/FISCAL IMPACT: $33,980 past due for 130 accounts
ATTACHMENTS: Request for Council Action Delinquent Utility Bills
REQUESTED COUNCIL ACTION: Consider continuing the no shut off period during
emergency order, allow longer periods for payment plans and sending unpaid notices after the
bill due date.