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05.03.21
www.cityofstjoseph.com St. Joseph City Council May 3, 2021 6:00 PM **The City Council meeting will be conducted in-person in the council chambers of the St. Joseph Government Center. Members of the public can attend in-person or via Zoom. Zoom attendees wanting to speak during item 2. Public Comments, contact City Clerk Kayla Klein by noon on the day of the meeting. This will ensure (320) 229-9421, kklein@cityofstjoseph.com that you will be heard at the appropriate time during the meeting.** Join Zoom Meeting https://zoom.us/j/98517381468?pwd=TzYzTHVpb2h6NjNJa0dRMktSWmdmQT09 Meeting ID: 985 1738 1468 Passcode: 445300 One tap mobile +13017158592,,98517381468#,,,,*445300# US (Washington DC) +13126266799,,98517381468#,,,,*445300# US (Chicago) Dial by your location +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) 1. 6:00 PM Call to order - Pledge of Allegiance 2. Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address the council with questions/concerns/comments (regarding an item NOT on the agenda). No Council response or action will be given/taken other than possible referral to Administration. 3. Approve Agenda 4. Consent Agenda a. Minutes – Requested Action: Approve the minutes of April 5, 2021 and April 19, 2021. b. Bills Payable – Requested Action: Approve check numbers 057653-057688, Accounts Payables EFT #1983, Payroll EFT 112063-112069 and Regular Pay Period 8, 8.01. c. Application for Payment, Final Payment – Requested Action: Approve application for payment 6 for the 2019 Bituminous Street & CIP Improvements to Knife River Corporation in the amount of $36,068.00. d. Stray Animal Impound Agreement – Requested Action: Approve the Stray Animal Impound Agreement between Tri-County Humane Society and the City of St. Joseph for 2021. 5. Public Hearing, Fee Schedule Amendments 6. Street Closure Request – Weathered Revivals. 7. Knife River Development Agreement/Final Plat 8. Ordinance Amendments a. Site Plan Review b. Outdoor Dining/Sidewalk Cafes 9. Public Works Summer Seasonal 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 www.cityofstjoseph.com 10. Community Center Fundraising 11. Entrance Sign Request for Proposals Discussion 12. Social Media Policy Discussion 13. Engineer Reports 14. Mayor Reports 15. Adjourn 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 April 5, 2021 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, April 5, 2021, at 6:00 PM in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBob Loso, Kelly Beniek, Kevin Kluesner City Representatives Present: Administrator Therese Haffner, City Clerk Kayla Klein, Finance Director Lori Bartlett, Community Development Director Nate Keller, Public Works Superintendent Ryan Wensmann, Police Chief Dwight Pfannenstein, City Engineer Randy Sabart Public Comments: Jacob Czech and Liz Hamak were present to provide an update on events happening th at CSB/SJU. Czech noted that April 24 is CASE day and that the Senate will be involved in the cleanup efforts after. Loso does not support CASE day and has know other members in the community that have had college students enter their homes late at night and scary that is for the homeowners. Approve Agenda: Kluesner made a motion to approve the agenda; seconded by Loso and passed unanimously. Consent Agenda: Loso made a motion to approve consent agenda; seconded by Kluesner and passed unanimously. a. Minutes – Requested Action: Approve the minutes of March 15, 2021 and March 23, 2021. b. Bills Payable – Requested Action: Approve check numbers 057527-057591, Accounts Payables EFT #1976, Payroll EFT 112048-112055 and Regular Pay Period 6, 6.01, 6.02 and City Council Pay Period 3.01. c. Transfers and Budget Amendment – Requested Action: Authorize the 2020 and 2021 transfers as presented. d. Equity Designations. Financial Year 2020 – Requested Action: Approve the equity designations as presented. e. Recreation Director Hiring Process – Requested Action: Authorize staff to begin the hiring process for the Recreation Director. Public Hearing, Foreclosed Auction Sale Proposed Re-Assessment: MN Statutes allows local governments to assess unpaid fees for charges noted in the City Ordinances. Charges include weed cutting, snow removal, street sweeping, utility bills, tree trimming, etc. Statute also allows the City to re- assess property maintenance costs and street assessments that fell off the tax rolls due to foreclosure once the property sells. In the past, the Council has agreed to allow up to five years for repayment of the re-assessments at 0% interest rate. If the property is developed or changes hands, the remaining assessments due would become due and payable at the time of the sale. Schultz moved to adopt Resolution 2021-014 Adopting Re-Assessment from Foreclosure Sale; seconded by Loso and passed unanimously. Chokecherry Acres LLC, Parcel 84.53300.0293: The property owner reached out to staff that they would like to sell the property and would like utilities extended to their 120.36-acre parcel. The property boundary abuts the city limits of St. Joseph and St. Cloud. The property is guided for Light Industrial. Extension of public improvements (water, sanitary sewer, storm sewer, street, curb, gutter, lights, trail, etc.) is generally development driven and costs are typically the responsibility of the developer and/or property owner. The property owners have requested to present and discuss with the Council the availability of water, sewer, and access to the property. John Uphoff, Realtor for Property Owners: Uphoff noted the biggest hurdle is getting services to the lot and presented the option of having separate wells and septic systems for each lot. Additional options discussed were connecting to the sewer system to the St. Cloud pipe. April 5, 2021 Page 2 of 4 Jeff Blonigen, Family Representative: Blonigen stated there have been multiple developers interested in the property but have not purchased it due to fees associated with the utility extensions. Staff noted that separate wells and septics are not allowed on residential lots in the City per city ordinance. The Council directed staff to compile a list of what would be required of a developer if they were to purchase the property. The list would then be provided to Uphoff for marketing purposes. 2021-2022 Liquor License Fees: In 2020, the Council approved a 50% reduction in license fees for liquor establishments with on-sale/off-sale intoxicating licenses. City Clerk Kayla Klein asked the Council if they would like to waive any fees for the 2021-2022 licensing period. General consensus of the Council was to send out license renewals and see what the response is from businesses on whether or not they need assistance. Little Saints Lease Waiver Request: Little Saints Academy is requesting the April 2021 lease payment be waived due to a delay in closing of the property as well as the expenses incurred through the environmental review. Loso and Beniek were opposed to the waiver as the buyer is purchasing the property as-is. Schultz and Kluesner were in favor of waiving the fee as the buyer was unaware at the time of purchase that an environmental review would need to be completed. Kluesner moved to waive the April 2021 lease payment for Little Saints Academy. The motion was seconded by Schultz. Aye: Schultz, Kluesner Motion Failed 2:2 Nay: Loso, Beniek Ordinance Amendments Parking Lot Standards & Wetland Setbacks: The Planning Commission met and recommended approval of the ordinance amendments for wetland setbacks and parking lot standards. The wetland setback amending ordinance reduces the setback to 50 feet for drive and parking areas. The amending ordinance for parking lot standards would allow exceptions to curbing requirements if certain criteria are met. Schultz moved to adopt Ordinance 2021-04 Amending Section 502.10 of the St. Joseph Zoning Ordinance relating to parking lot standards; seconded by Kluesner and passed unanimously. Kluesner moved to adopt Ordinance 2021-05 Amending Section 502.19 of the St. Joseph Zoning Ordinance relating to wetland setbacks; seconded by Loso and passed unanimously. Zoning Ordinance Variances, 7967 Sterling Drive. Andy Fischer from MN Home Improvements has requested variances from the parking lot material, curbing requirements and wetland setbacks for their property at 7967 Sterling Drive. State Statute outlines the facts and conditions that need to exist in order to grant a variance: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan, 2. The variance is in harmony with the general purpose and intent of the Ordinance, 3. The applicant establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance shall mean: the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to the circumstances unique to the property not created by the landowner; the variance will not alter the essential character of the locality. Economic conditions alone should not constitute practical difficulties. April 5, 2021 Page 3 of 4 Keller reported that each variance has a resolution approving the variance that was recommended for approval by the Planning Commission as well as a resolution drafted by staff denying the variance requests. Kluesner asked the applicant if the reason for not paving the parking lot was due to costs. Fischer responded that cost was the main factor in that particular request as not paving would save roughly $30,000. Discussion was had regarding the reasons why the city has regulations on curbing and paving of parking lots even in industrially zoned areas. Schultz moved to approve Resolution 2021-018A approving a variance to the minimum wetland setbacks for driveways; seconded by Kluesner and passed unanimously. Schultz moved to approve Resolution 2021-019A approving a variance to the minimum driveway material requirements; seconded by Loso and passed unanimously. Loso moved to approve Resolution 2021-020A approving a variance to the minimum curbing requirements; seconded by Kluesner and passed unanimously. Ordinance Amendments Continued: Keller reported the Planning Commission recommended approval of the proposed amendments to the Outdoor Patio/Sidewalk Café Ordinance. The changes are to allow for flexibility with outdoor seating and to streamline the approval process. Schultz had concerns about the ordinance being too restrictive for businesses that have temporary patio setups due to COVID. Council consensus was to table approval of the amending ordinance. Fences: The Planning Commission recommended approval of the fence ordinance changes. The amendment is meant to clarify the application and inspection process, eliminate unnecessary and redundant language, clarify fence placement requirements, and clarify expectations for fences that are non-compliant with the current code. Beniek believed that all fences should be required to be 2 feet off of the property line. The Council also were not supportive of having a landowner gain the approval of the neighbor for putting the fence up to the property line, as ownership of properties can change over time. Schultz moved to approve Ordinance 2021-02 as presented and with the following changes: 1. Change the fence height for fencing in the front yard back to a maximum height of four feet; 2. All fencing should have a setback of two feet from the property line. The motion was seconded by Beniek and passed unanimously. Accessory Structures: The Planning Commission recommended approval of Ordinance 2021-03. This amendment is meant to create consistency between city code language and other applicable codes, clarify and eliminate redundant language, provide flexibility as it relates to maximum size requirements for detached buildings. Schultz moved to approve Ordinance 2021-03 amending section 502.12 of the St. Joseph Zoning Ordinance regarding accessory buildings in residential districts; seconded by Beniek and passed unanimously. Loso moved to approve Resolution 2021-021 directing summary publication of Ordinance Nos. 2021-03, 2021-04, and 2021-05; seconded by Schultz and passed unanimously. April 5, 2021 Page 4 of 4 Wastewater System Use Agreement Exhibit C Amendment: The Council had reviewed the pooled capacity amendment at the March 1, 2021, meeting and recommended the area cities meet another time to review before approval. Loso asked if legal had time to review and approve of the document. Staff was unsure and will bring the document to legal for review. If approved by legal, the item will go on the April 19, 2021 consent agenda for Council approval. Mobile Sewer Camera: The city has been outsourcing its televising of sanitary sewer lines. Over the last 3 years the city has spent just under $10,000. Staff is proposing to purchase a used cameral that was owned by the City of Arden Hills. Schultz made a motion authorizing staff to purchase the sewer camera at a cost not exceeding $33,500.00 using existing 2021 sanitary and storm sewer budget; seconded by Beniek and passed unanimously. Mayor Reports: Schultz testified at the hearing to amend the bonding bill for the community center. Adjourn: Loso made a motion to adjourn at 8:20 PM; seconded by Schultz and passed unanimously. Kayla Klein City Clerk April 19, 2021 Page 1 of 3 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, April 19, 2021, at 6:00 PM in the St. Joseph Government Center. Members Present:Mayor Rick Schultz.CouncilorsBob Loso, Brian Theisen, Kevin Kluesner City Representatives Present: Administrator Therese Haffner, City Clerk Kayla Klein, Finance Director Lori Bartlett, Community Development Director Nate Keller, Public Works Superintendent Ryan Wensmann, Police Chief Dwight Pfannenstein, City Engineer Randy Sabart Public Comment: Jacob Czech, SJU Senate spoke to the Council regarding CASE day. Czech read the article he published in The Record advising students to be smart and respectful. Approve Agenda:Losomade a motion to approve the agenda, removing item 11 Social Media Policy Discussion; seconded by Theisen and passed unanimously. Consent Agenda: Theisenmade a motion to approve consent agenda; seconded by Losoand passed unanimously. BillsPayable – Requested Action:Approve checknumbers057592-057652 and PayrollEFT# 112056-112062 and Accounts Payables EFT # 1977-1982, Regular Pay Periods 7 and 7.01, and City Council Pay Period 4 st Treasurer’s Report – Requested Action: Approve the 1 Quarter and March 2021 Financial Reports as presented. Donations – Requested Action: Accept the donations and contributions as presented. Well Maintenance – Requested Action: Approve well #7 maintenance as budgeted. America’s Water Infrastructure Act (AWIA) Certification – Requested Action: Approve the project plan prepared by SEH and authorize execution of the Supplemental Letter Agreement between the City of St. Joseph and SEH. Wastewater System Use Agreement – Requested Action: Adopt Resolution 2021-011 Authorizing Approval of the Wastewater Treatment Sewer Use Agreement Exhibit C Wastewater Treatment Facility Pool Capacity Amendment No. 1. Resignation Acceptance – Requested Action: Accept the resignation of Senior Accountant Hannah Kurkowski, accept the amendments to the job descriptions for Finance Technician and Account Technician, and approve the filling of the Finance Technician position. MOU Between City and AFSCME – Requested Action: Approve the MOU. Police Award Policy – Requested Action: Approve the Police Award Policy as presented. Public Hearing – Outdoor Event, La Playette: The La Playette has applied for an outdoor event on August 27, 2021 from 7:00 PM – 12:00 AM. Ordinance requires a public hearing for events that extend beyond 9:30 PM. The application has been reviewed by the Police Chief and Public Works Superintendent with the following recommendations: follow the current CDC and MDG guidelines at time of event; contact Gopher State One Call for underground utilities prior to pounding stakes into the ground. Loso made a motion to approve the Outdoor Permit with the conditions identified by the Police Chief and Public Works Superintendent for an event to be held at the La Playette on August 27, 2021; seconded by Theisen and passed unanimously. Special Event/Street Closure Request – Millstream Night Market: Representatives of the Millstream Arts Festival submitted special event and street closure applications to hold a vendor market every Monday stth night from June 21 – September 27 in the alleyway just south of Krewe Restaurant. The event would be from 5PM – 9PM and include light music and vendors. The street closure request is to close the alley from 3Pm – 10PM to allow for event setup and teardown. The special event fee is $150.00 and the applicants have request that the fee be waived. April 19, 2021 Page 2 of 3 Alicia Peters, Millstream: Peters stated she has been involved in the Millstream Arts Festival for fifteen years. The festival will not occur this year because of COVID and the committee is looking for an alternate way to help out vendors that have been struggling since the start of COVID. Schultz expressed concerns about neighboring properties that were not involved in the planning process until the decisions were already made. Mateo Mackbee, Krewe Owner: Mackbee stated he had discussions with owners of the La Playette regarding the events and they were supportive. Kluesner made note that the council can always rescind the event if any issues arise, but was fully supportive of having the event in that location. With alcohol being served, the entire event area will need to have a barrier to prevent people from freely walking in and out. Schultz also suggested organizers reach out to the church to use their parking lot for event parking. Loso added that organizers should reach out to neighbors within a block radius. Schultz moved to approve the special event and street closure for Millstream Night Market contingent upon the following: the event area is surrounded with a barrier to prevent the free flow of pedestrian traffic; reach out to church for utilization of their parking lot; reach out to neighbors within a block radius. The motion was seconded by Theisen and passed unanimously. Kluesner moved to approve the city waive the $150.00 event fee; seconded by Schultz. Kluesner moved to amend the previous motion to include waiving the fee for all 12 Millstream Night Market events; seconded by Schultz and passed unanimously. Request for Proposal (RFP) – Portion of PID 84.53843.0005: An RFP has been prepared to solicit interested developers to submit a proposal to purchase and develop the old police station and old fire hall garage. The water treatment plant located behind the fire hall would remain city as it is still operational. There are several parties interested in purchasing the property. Haffner noted that the City does have the opportunity to conduct an appraisal of the property if desired. Schultz was not in favor of having the RFP be so bureaucratic. He asked why the city couldn’t hire a realtor to market and sell the property and asked why the city would not choose whomever submits the highest offer. Keller responded that the building is in a redevelopment area and the city wants to have a project that will not only benefit the city now, but also into the future. Kluesner and Loso agreed that they do not want to have someone purchase the property just to have the building sit vacant. Loso moved to approve and release the Request for Proposals for the Sale by City of Real Property, the Old Police and Fire Hall Stations; seconded by Theisen. Aye: Theisen, Loso, Kluesner Motion Carried: 3:1 Nay: Schultz Request for Proposal (RFP) – Design of Community Center: An RFP has been prepared to solicit qualified firms to submit a proposal to provide design and construction services for the development of a new community center. Theisen moved to approve and release the Request for Proposals for Design of the Community Center; seconded by Loso and passed unanimously. April 19, 2021 Page 3 of 3 Interim Ordinance Allowing for Outdoor Business Expansion:In 2020, the city allowed for businesses to temporarily expand their outdoor seating areas for serving food and drink. There were no guidelines on the expansion into the public right of way. Instances arose around customers having open containers on sidewalks. Schultz stated that this is a common-sense ordinance and there is no need to further regulate in an area where flexibility is needed. Council consensus was to not act on Ordinance 2021-06 An Interim Ordinance Temporarily Allowing Expanded Outdoor Business. Full Time Police Clerk: The Police Department has had only one support staff person since 2002. As the needs of the department increase and number of officers increase, additional support is needed. The Personnel Committee met in March and discussed the position. They were supportive of adding staff but discussed the position as a Community Services Officer (CSO). Staff is recommending the approval to hire a full time Police Clerk to meet the administrative needs of the department. Theisen moved to approve the Police Clerk and Record Office Specialist job descriptions and authorized staff to conduct the hiring process for a full-time Police Clerk; seconded by Kluesner and passed unanimously. Department Reports: The department heads presented their monthly reports. Mayor Reports: Schultz reached out to Representative Tom Emmer’s office to obtain utility grants to extend utilities to the Industrial Park and Gateway Commons. Adjourn: Loso made a motion to adjourn at 7:50 PM; seconded by Theisen and passed unanimously. Kayla Klein City Clerk Council Agenda Item 4b MEETING DATE:May 3, 2021 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 057653-057665 $78,769.60 Reg PP 8, Reg PP 8.01 $46,689.73 Accounts Payable EFT #1983 $922.49 Payroll EFT #112063-112069$31,157.38 Total $154,497.96 Bills Payable – Checks Awaiting Council Approval Check Numbers 057666-057688 $17,125.35 Total $17,125.35 Total Budget/Fiscal Impact: $171,623.31 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 057653-057688 Accounts Payable EFT 1983 Payroll EFT 112063-112069 Reg PP 8, Reg PP 8.01 CITYOFSTJOSEPH EFTs&PayrollPaidPriorToCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ ACHPAYROLLREGPP7,REGPP7.01,CCPP446,689.73 11206321Apr21SENTRYBANKHSAContributionsREGPP8$1,240.4210121715 11206421Apr21EFTPSTaxWithholdingsREGPP8,REGPP8.01$5,282.0410121701 11206421Apr21EFTPSTaxWithholdingsREGPP8,REGPP8.01$6,721.1810121703 11206521Apr21COMMISSIONEROFREVENUEStateWithholdingREGPP8,REGPP8.01$1,960.0510121702 11206621Apr21PERARetirementREGPP8,REGPP8.01$14,064.5610121704 11206721Apr21VOYAFINANCIALDeferredCompREGPP8$1,585.0010121705 11206821Apr21AMERICANFUNDS529CollegeSavingsPlanREGPP8$150.0010121705 11206921Apr21MINNESOTACHILDSUPPORTCENTERChildSupportREGPP8$154.1310121714 00198327Apr21MINNESOTADEPARTLABOR&INDUS1stquarter2021buildingsurcharge$922.4910142401438 EFTTotal$32,079.87 CITYOFSTJOSEPH BillsPayablePaidPriorToCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ 05765319Apr21POZORSKI,LAWRENCERefundPaymentParkingTicket#28860$40.001014212035102 05765422Apr21BURG,CHARLESRefundOverpaymentofCompostPermit$10.006030000032000 05765522Apr21COALITIONOFGREATERMNCITIES2021CGMCDues$12,404.0010141110433 05765622Apr21CUMMINSSALES&SERVICEMaintenanceMainPumpStation$787.2060249480300 05765722Apr21GAMETIMEMoldedGrips&Sockets$202.3610145202220 05765822Apr21METERING&TECHNOLOGYSOLUTIONMeters$2,491.6260149430220 05765922Apr21OREILLYAUTOPARTSSuctionGun&FuelTubing$16.9810143120230 05765922Apr21OREILLYAUTOPARTSBushing#37$19.9910145202230 05765922Apr21OREILLYAUTOPARTSAirFilter#90$40.2210143125230 05765922Apr21OREILLYAUTOPARTSBatteryforRoller$45.3510143120230 05765922Apr21OREILLYAUTOPARTSGrease&TireGauge$28.4510143120210 05765922Apr21OREILLYAUTOPARTSGrease&TireGauge$28.4410145202210 05766022Apr21OFFICEDEPOTCustomEngravedSigns$197.5010141430210 05766122Apr21POWERHOUSEOUTDOOREQUIPFilters&Fluids$191.6310145202230 05766222Apr21SCHWEGELCOMMUNICATIONSINCRemoteSystemProgrammingCameras$75.0010141710215 05766322Apr21SEH,INCIndustrialParkEMarch2021$221.8040843120530 05766322Apr21SEH,INC2021Street&UtilityImprovementsMarch2021$53,025.0041143120530 05766322Apr21SEH,INC2019StreetProjectMarch2021$241.3540743120530 05766322Apr21SEH,INCSanitarySewerMarch2021$153.6060249450303 05766322Apr21SEH,INCSJGCAltaSurveyMarch2021$100.4835345204303 05766322Apr21SEH,INCPhaseII/IIICR2TrailMarch2021$19.0020045202530 05766322Apr21SEH,INCCountryManorMarch2021$1,595.1010143131303 05766322Apr21SEH,INCChokecherryFamilyDevelopmentMarch2021$38.4010143131303 05766322Apr21SEH,INCKnifeRiverMarch2021$1,184.8610143131303 05766322Apr21SEH,INCFoxmoreHollowApartmentsMarch2021$57.6010143131303 05766322Apr21SEH,INCAPOMarch2021$960.0010143131303 05766322Apr21SEH,INCADA/CIP/GeneralMarch2021$624.7610143131303 05766322Apr21SEH,INCPhaseII/IIICR2TrailMarch2021$221.8020045202530 05766422Apr21SHIFTTECHNOLOGIES,INC.PWSewerCameraLaptop$638.4060249450580 05766522Apr21VACUUMCENTER&SEWINGROOMVacuumBags$33.7410145202210 05766522Apr21VACUUMCENTER&SEWINGROOMVacuumBags$33.7310141942210 $75,728.36 Total Bills Payable - Mailed Prior to Council Approval CITYOFSTJOSEPH BillsPayableChecksNotMailedAwaitingCouncilApproval Check#DateSearchNameCommentsAmountFUNDDEPARTOBJ 05766629Apr21BARTLETT,LORRAINEFSAMedicalreimbglasses$476.31101 05766729Apr21CENTRALMCGOWAN,INCmedicaloxygen$60.5010542270210 05766729Apr21CENTRALMCGOWAN,INCcreditoxygencylinders($62.00)10143125210 05766729Apr21CENTRALMCGOWAN,INCmedicaloxygen$60.5110142120210 05766829Apr21CLIMATEAIRbotherrepairatcommunitycenter$135.5010145205220 05766929Apr21COLLINSBROTHERSTOWING,INC.towforfeiture20802724ChevCavalier$50.0010142120436 05767029Apr21CORE&MAINLP2"meterflange$471.4760149430210 05767129Apr21CUMMINSSALES&SERVICEfiregeneratorCSM$607.9110542220220 05767229Apr21DELTADENTALMaypremium$2,007.4510121706 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#7oilchange$390.7410542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#6oilchange$583.2510542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#3oilchange$669.0310542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#4oilchange,coolantfilter$1,112.7710542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#5oilchange$665.9410542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#2oilchange,coolantfilter$1,321.9610542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCportablegeneratoroil$205.6910542260230 05767329Apr21EMERGENCYAPPARATUSMAINT.INCvehiclerepairs#1DOT/vehicleinspect,oilchange,coolantfilter$1,345.1710542260230 05767429Apr21FLEET&SURPLUSSERVICESPDleaseMay$1,238.1810142152414 05767529Apr21LAKEREGIONFIREFIGHTERSASSOC2021membershipdues$40.0010542240433 05767629Apr21MARCO,INCadmincopier$322.7310141430410 05767729Apr21MARTINMARIETTAMATERIALS,INCclass2$1,276.9810143120220 05767829Apr21MINNESOTAFIRESERVICEBOARDinstructor1JustinHunt$120.0010542240433 05767929Apr21NCPERSGROUPLIFEINSURANCEMaypremium$57.0010121711 05768029Apr21OREILLYAUTOPARTSfloormatPD$24.9910142120240 05768029Apr21OREILLYAUTOPARTSmaintshopabsorbent$19.9810145201210 05768029Apr21OREILLYAUTOPARTS#14sparkplug,carb$17.8210145202230 05768029Apr21OREILLYAUTOPARTS#90hydraulicfilter,antifreeze$35.7410143125230 05768129Apr21RIDGEWATERCOLLEGEEMRinitialAlanSceponiak$495.0010542240443 05768229Apr21SHIFTTECHNOLOGIES,INC.PDrepairvideoissueSergeantJohnson$234.0010142120215 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$330.9560149440235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$480.4460249450235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($26.79)10542220235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($26.07)10143120235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($9.87)10143125235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($18.23)10143220235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($26.07)10145202235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($32.86)60149440235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases($47.73)60249450235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$268.2510542220235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$262.9510143120235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$99.2510143125235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$183.2010143220235 05768329Apr21SPEEDWAYMar/Aprfuelpurchases$262.9510145202235 05768429Apr21STEPPMFGpatchwageHotBoxfueltankassy$500.0010143120230 05768529Apr21STREICHERS,INCpracticeammo,dutyammo$722.0710142140210 05768629Apr21TIREMAXXSERVICECENTERS703oilchange,washerfluid,bulbs$77.6910142152230 05768629Apr21TIREMAXXSERVICECENTERS705oilchange,washerfluid$40.6010142152230 05768729Apr21TRICOUNTYHUMANESOCIETYstraydog$75.0010142700300 05768829Apr21WILLIAMS,CARLrefundoverchargecompostpermit21243$25.006030000032000 $17,125.35 Total Bills Payables - Waiting Council Approval Summary: EFTs&Payroll 78,769.60 BillsPaidPriortoCouncil 75,728.36 17,125.35 BillsWaitingforCouncil 171,623.31 TotalBillsPayable Council Agenda Item MEETING DATE: May 3, 2021 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. 5 BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: $36,068.00 ATTACHMENTS: Application for Payment No. 6 REQUESTED COUNCIL ACTION: Approve Application for Payment No. 6 P:\\PT\\S\\STJOE\\common\\D39 Req Council Action\\2021\\147693 PMT 6 - 05.03.2021.doc APPLICATION FOR PAYMENT NO. 6 (FINAL) CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS SEH NO.STJOE 147693 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:1/30/2021 CONTRACTWORK TO DATETHIS PAYMENT ITEMMNDOTDESCRIPTIONUNITUNIT COSTQUANTITYAMOUNTQUANTITYAMOUNTQUANTITYAMOUNT BASE BID 12021.501MOBILIZATION (SEE ALT A)LUMP SUM$60,000.001.00$60,000.000.10$6,000.001.00$60,000.00 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$0.0013.00$1,300.00 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. 6 (FINAL) CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS SEH NO.STJOE 147693 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:1/30/2021 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$0.0055.00$16,500.00 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$0.002,199.00$76,965.00 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$0.0085.00$6,800.00 PAVEMENT 642531.603CONCRETE CURB DESIGN VLIN FT$40.0016.00$640.00$0.0024.00$960.00 2 APPLICATION FOR PAYMENT NO. 6 (FINAL) CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS SEH NO.STJOE 147693 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:1/30/2021 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$0.00214.00$14,980.00 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$0.001.00$20,000.00 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$1,200.000.15$750.000.65$3,250.00 CO#1) 782582.5034" BROKEN LINE MULTI LIN FT$1.00615.00$615.00$0.00120.00$120.00 COMP GR IN (SEE ALT A) 792582.5034" DBLE SOLID LINE MULTI LIN FT$11.00100.00$1,100.00$0.0090.00$990.00 COMP GR IN (SEE ALT A) 802582.5034" SOLID LINE MULTI COMP LIN FT$7.751,920.00$14,880.00$0.002,041.00$15,817.75 GR IN (SEE ALT A & CO#1) 812582.518PAVT MSSG MULTI COMP GR SQ FT$35.0030.00$1,050.00$0.0030.00$1,050.00 IN (SEE ALT A) 822582.518CROSSWALK MULTI COMP SQ FT$20.002,886.00$57,720.00$0.002,238.00$44,760.00 GR IN (SEE CO#1) TOTAL BASE BID$1,681,445.00$6,750.00$1,723,768.54 ALTERNATE A - JADE ROAD 1A2021.501MOBILIZATIONLUMP SUM$12,000.001.00$12,000.000.10$1,200.001.00$12,000.00 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. 6 (FINAL) CONTRACTOR FOR:2019 BITUMINOUS STREET & CIP IMPROVEMENTS SEH NO.STJOE 147693 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:1/30/2021 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$500.000.10$50.001.00$500.00 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$420.00$0.00150.00$300.00 74A2575.508HYDRAULIC BONDED FIBER POUND$3.002,100.00$6,300.00$0.001,700.00$5,100.00 MATRIX 75A2575.508SEED MIXTURE 25-121POUND$6.00135.00$810.00$0.00100.00$600.00 76A2575.605SEEDINGACRE$1,000.000.60$600.000.09$90.000.45$450.00 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$10,362.00$0.009,138.00$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$1,340.00$251,135.63 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$12.002.00$12.002.00$12.00 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)$12.00$24,337.25 4 04/22/2021 Council Agenda Item 4d MEETING DATE:April 19, 2021 AGENDA ITEM: Stray Animal Impound Agreement SUBMITTED BY: Administration BACKGROUND INFORMATION: Annually, the City has entered into an agreement with Tri- County Human Society to harbor stray dogs that either the Police Department or Public Works picks up and in cases where the owner cannot be found. BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Agreement REQUESTED COUNCIL ACTION: Approve agreement between Tri-County Humane Society and the City of St. Joseph for 2021. STRAY IMPOUND AGREEMENT Date______________________ th 735 8 Street NE P.O. Box 701 Phone: 320-252-0896 St. Cloud, MN 56302-701 Fax: 320-252-1325 www.tricountyhumanesociety.org This agreement is between themunicipality of andtheTri-County Humane Society. Thefollowingis mutually agreeing by the parties: That the Tri-County HumaneSociety(TCHS)agrees to provide the following services: communityserviceofficer(CSO),animalcontrolofficer(ACO),orotherauthorized representative, orfor strayanimals that are brought intothe shelter bya citizen and verbal permissionisgiven by youragencyvia phonefor intake. TCHS will receive, feed, house and care for all dogs. Hold stray animals for aminimumoffive working daysand seized animals for up to 10 working daysasper Minnesota State Statute 343.235. Vaccinate, de-worm, and evaluate animal formedical treatment deemed necessary. Attheend of the five-day holdforstrayorten-dayhold for seized animals, claim theimpounded animals as propertyofthe TCHS. Euthanize and dispose of animals not claimed or adopted. Handle all telephonecalls that come to this office in respect totheanimals in possession. Charge any citizen claiming their animaltheimpoundmentfee,regardless of the period of impoundment. Publicize stray animals impounded in an attempttolocate the owner. That will: Deliverorauthorize delivery ofallstray or seizedanimals within their municipalityto the TCHS. Provide a list ofnames and phone numbers of those who can be called for authorization. (see reverse side) PaytheTCHS the costs per scheduleaccruedforthe housing, care and euthanizing/disposal of impounded animals. SCHEDULE Holdingperday: $15.00dog Seized animal held for a maximum of10 days ($150) Strayanimalheldfor a minimum of5 days ($75) $25.00 euthanasia and disposal fee/ peranimalwhen applicable will bein addition to above set holdingfee Notifythe municipality clerk of the billing reportofanimals delivered, to approve charges for animals. Refertoa veterinarian in regards to any animals that are obviously sick, injured, dangerous, or suspected of havingrabies. This agreement is effective __________________ and may be removed or revised on a yearly basis. Clerk of Municipality________________________________ Billing Address_____________________________________ _____________________________________ Clerk Signature_________________________________ Please list thenames andphonenumbers of those who can be called for authorizing ananimal to come in. Calls are most apttobe made: Mon.- Thurs. 8:00 a.m. to 6:00 p.m., Friday 8:00 a.m. to 8:00 p.m., Sat. Sun. 8:00 a.m. to 5:00 p.m. We mustbeabletoreachsomeoneduringthese hours to authorize the stray(s) to be brought in. NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ NAME______________________________________ PHONE(S)_________________________ NOTES________________________________________________________________________ Council Agenda Item 5 MEETING DATE:May 3, 2021 AGENDA ITEM: Public Hearing, Fee Schedule Amendments SUBMITTED BY: Administration BACKGROUND INFORMATION: The 2021 fee schedule was adopted in December. Since then, there have been a few minor changes and additions that need to be approved by the Council. State Statute requires there to be a public hearing for fee schedule amendments. Deletions are in red and stricken. Changes are highlighted in yellow. BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Ordinance 2021-07 Amending 2021 Fee Schedule Resolution 2021-023 Directing Summary Publication of Ordinance 2021-07 REQUESTED COUNCIL ACTION: 1. Adopt Ordinance 2021-07 Amending 2021 Fee Schedule 2. Approve Resolution 2021-023 Directing Summary Publication of Ordinance 2021-07. ORDINANCE NO. 2021-07 AN ORDINANCE AMENDING CITY FEE SCHEDULE The City Council for the City of St. Joseph HEREBY ORDAINS SECTION 1. FEE SCHEDULE The amendments to the 2021 Schedule of City fees are hereby adopted. The fees adopted include Administrative, Animals, Fire Department, Police Department, Housing/Rental Registration, Land Use/Development/Zoning, Licenses and Permits, Liquor, City Facility Rental Fees, Building, Utility Rates, Other Utility Fees, and Compensation. SECTION 2. EFFECTIVE DATE That this ordinance is effective on the date of its publication. A printed copy of the entire ordinance is available for inspection at the office of the City Clerk and on the city website www.cityofstjoseph.com. This amendment is adopted this 3rd day of May, 2021 and shall be effective upon publication. Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. Conditions & Requirements Online ACH Payments made to the City (ex: loans, rent)1 Month or Date of Event, Whichever is Earlier1 Month or Date of Event, Whichever is Earlier | No Charge for Non-Profit GroupBi-Monthly PublicationBi-Monthly Publication1 Month or Date of Event, Whichever is Earlier | No Charge for Non-Profit Group1 Month or Date of Event, Whichever is Earlier | No Charge for Non-Profit GroupDelinquent Accounts OnlyWritten Requests RequiredAccount Closed, Stopped Payment, Insuffecient Funds | Includes Electronic AccountsOriginal Bond IssueRefunding Bond IssueCosts Incurred by City to Designate Bonds as Non-Bank QualifiedCharge is $0.25/page for 1st 100 pages, then $0.15/page thereafterStaff Time per hour to make over 100 copiesSalary & Benefit Costs of Lowest Cost Employee Able to do Data Retrieval.Charged Directly by PSN | Charges < $100.00 charged 2.75% + additional $0.50Available for Utility Billing | Must Sign Up Before Bill Calculation --- 0.250.155.00 2.75% 50.00 30.00 30.00 15.00 16.00 85.00 25.00 95.00 85.00 30.00 100.00 200.00 300.00 100.00100.00125.00250.00100.00145.00145.00145.00 At Cost 3,000.00 .5% up to $50,000 .5 % up to $50,000 2021 Adopted Fees ADMINISTRATION Ordinance 2021-07 Amending 2021 Fee Schedule Amount Per SlidePer SlidePer PagePer Page Per HourPer HourPer HourPer HourPer HourPer HourPer HourPer Hour Per Filing Per Check Per Parcel Per Month Per Charge Per EditionPer Edition Per DisplayPer Invoice Per 5 Slides Per Bill Cycle City of St. Joseph 2021 Adopted Fee Schedule Charge Basis Per Tape/DVD Per ApplicationPer Application Per Transaction Original Principal Principal Amount Original Refunded YYYYYYYYYYY NNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee 1/8 Page1/4 Page1 Slide5 Slides 1st Violation2nd Violation3rd ViolationWebsiteCity Electronic SignCity NewsletterCable Access ChannelCertified AssessmentsAssessment Search RequestAdministrative FeeAdministrative FeeApplication fee (Non-Refundable)Costs Incurred by CityCouncil Meeting Tapes/DVD CopiesPhotocopies (1st 100 Pages)Photocopies (100+ Pages)Photocopies (100+ Pages) Staff FeeData Retrieval for Public Data RequestsUtility TruckBackhoeCrane truckGrader/LoaderGatorGator Rental - Hanging Flowers ProjectJohn Deere tractorLawn mower ACH Online PaymentsAdministrative CitationsCopies/Public Data RequestsDirect Debit PaymentsElection Filing FeeEquipment Rate AdvertisingAssessmentsBad Check/NSF FeeConduit DebtCredit Card Payments Conditions & Requirements City will Water & Fertilize Flower Pots Hanging in Public Right of Way DailyCity will Water & Fertilize Flower Pots Hanging in Public Right of Way DailyMidcontinent Expires 9/21/30 | Charter Expires 9/30/30Stearns Electric Expires 11/20/23Paid MonthlyXcel Energy Expires 11/20/23Paid MonthlyPaid MonthlyPaid MonthlyPaid MonthlyPaid MonthlyXcel Energy Expires 11/20/23Paid MonthlyPaid MonthlyPaid MonthlyPaid MonthlyCenterPoint Energy Expires 1/6/2040Paid MonthlyPaid MonthlyPaid MonthlyPaid Monthly 3.501.000.601.001.758.001.001.751.001.75 3.00%8.00%2.00% 0.50%0.50% 25.00 50.00 95.00 10.00 10.00 10.00 145.00145.00100.00145.00145.00 Action Group Action Group Collected by SJ Collected by SJ 2021 Adopted Fees ADMINISTRATION Per PageAnnuallyAnnually Per HourPer HourPer HourPer HourPer HourPer HourPer HourPer Hour Initial Fee Per MeterPer MeterPer MeterPer MeterPer MeterPer MeterPer MeterPer MeterPer MeterPer Meter Subscription City of St. Joseph 2021 Adopted Fee Schedule Charge Basis Per Equipment/ % of Net Receipts% of Net Receipts% of Net Receipts% of Net Receipts% of Net Receipts YY NNNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee Franchise FeePeg Access FeeResidential & Muni Pumping - Non DemandSmall C & I - Non DemandSmall C & I and Muni Pumping - DemandLarge C & IPublic Street LightingResidentialCommercial Firm - Non DemandCommercial Firm - DemandSmall & Large Interruptible, Firm & Interruptible TransportationResidentialCommercial Firm - Non DemandCommercial Firm - DemandSmall & Large Interruptible, Firm & Interruptible Transportation Franchise Fee Sander/SalterSewer Jetter/VacuumSewer Easement MachineMobile GeneratorSkid SteerSnow PlowingStreet SweepingFirst PageSecond Page and Each Page ThereafterFull BasketHalf Basket Cable TelevisionStearns ElectricXcel Energy - ElectricXcel Energy - GasCenterPoint Energy - Gas Equipment Rate (Cont'd) Post Driller FaxFlowers - Hanging on Street PolesFranchise Fee Conditions & Requirements Quarterly & Annual Financial Statements Required | 10% of Net Profits in Donations to Community | Includes Electronic Pull TabsMinimum 1 Hour Unless Included with FeeMinimum 1 Hour Unless Included with FeeMinimum 1 Hour Unless Included with FeeMinimum 1 Hour Unless Included with FeeMinimum 1 Hour Unless Included with Fee Minimum 1 Hour Unless Included with Fee Equates to 6.0% AnnuallyGross Receipts of Lodging < 30 Days | Remitted MonthlyNo Charge for St. Joseph ResidentsMinimum $100.00 Charge per Parcel 3% - 10% 1.50% 40.00 30.00 20.00 60.00 30.00 60.00 100.00100.00100.00100.00 See Utility Fees 2021 Adopted Fees ADMINISTRATION Per Hr Per Event Per Parcel Per Month Per Location City of St. Joseph 2021 Adopted Fee Schedule Charge Basis Per Document Per Hr/Per PersonPer Hr/Per PersonPer Hr/Per PersonPer Hr/Per PersonPer Hr/Per PersonPer Hr/Per Person % of Gross Receipts Y NNNNNNNNNNNNN (Y/N) Taxable Fee Charitable GamblingTemporary Gambling PermitPremise Permit ApplicationPart Time Employees/Reserve OfficersFirefightersFull Time Employees: Business HoursFull Time Employees: Non-Business HoursSeasonal/Reserve OfficerNon-Seasonal/FireOther Fees GamblingLabor RateLate FeeLodging TaxNotarySnow Removal (If Service Contracted)Subrogation LetterWater Tower Antenna Fees Conditions & Requirements Commercial Buildings & Residents that Request OneIncludes Only the Firefighters that Respond to the CallMust Contain Release Form Available Only to Residents in the Fire Service Area | Must be Approved by Fire Chief 5.65 65.00 Fees 2021 Adopted 20.00 100.00 150.00 20.00 100.00 0.25 0.25 20.00 100.00 FIRE DEPARTMENT Per Box Flat Fee Per PagePer Page Per TruckPer TruckPer Truck Charge Basis Per Hr/Per FFPer Hr/Per FFPer Hr/Per FF Per 1,000 Gallons City of St. Joseph 2021 Adopted Fee Schedule YY NNNNNNN NN (Y/N) Taxable Fee LaborVehiclesVehiclesMedicalTanker0-10,000 Gallons> 10,000 Gallons LaborFireLabor Car/Vehicle FireDAMA BoxIllegal/Intentional BurnsReportsSwimming Pool Fill Conditions & Requirements Due Prior to Hearing | Fee Refunded if Determined No Violation OccurredNOTE: If Case Lost, Defendant Responsible for City Attorney/Overtime FeesWas pending approval in 2020No Limit on Additional CardsIncludes One Fingerprint CardPast Due 11-20 Days from Violation Date | Fee is Additional to Original Fine AmountPast Due 21-30 Days from Violation Date | Fee is Additional to Original Fine AmountPast Due > 30 Days from Violation Date | Fee is Additional to Original Fine AmountMinimum $100.00 ChargeMaximum Fee of $500.00 0.25 5.00 5.00 15.0015.0020.0020.0020.0025.0040.0070.0025.0010.00 150.00150.00150.00100.00100.00100.00200.00200.00100.00100.00100.00100.00200.00 100.00100.00100.00100.00 Fees 2021 Adopted POLICE DEPARTMENT Per DayPer Day Flat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat Fee Per Test Per Card Per Page Per Name Charge Basis City of St. Joseph 2021 Adopted Fee Schedule Per Vehicle/Per Hr Must be < Civil Fine Y NNNNNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee Dog Violation2nd Violation in 12 MonthsHearing Fee for ViolationDog Running at LargeFailure to License DogAdditional CardsInitial FingerprintIntoxicating Beverage in ParadePermit Underage in Liquor EstablishmentPermit Patron in Bar After HoursWater Restriction ViolationFailure to Remove Obstruction from SidewalkJunk Car ViolationNuisance ViolationDischarge Firearm in City LimitsViolation of Park RegulationsTruck Parking ViolationHandicap ParkingParking ViolationFire HydrantPast Due - 1st NoticePast Due - Final NoticePast Due - Sent to Revenue RecaptureInitial FeeDaily Impound Rate Accident/Incident ReportsAdministrative HearingAnimal ViolationsBackground ChecksFingerprintingLiquor ViolationMiscellaneous ViolationsPark ViolationsParking ViolationsPBTPolice SquadVehicle Impound Conditions & Requirements Minimum $450.00 Plus State FeeTo Promote Community Events In Designated Areas Only | Requires Proof of Liability Insurance | Must be Reviewed by Planning CommissionEngineering, Legal, Building Official Fees, Other Admin FeesBased on Credit Worthiness, Length of Term, and Federal RatesPer Application up to 15 Small Cell Devices Cost 5.00 5.00%1.00% 10.0050.0025.00 450.00300.00500.00500.00400.00650.00400.00650.00914.00975.00500.00400.00800.00400.00250.00250.00150.00400.00 100.00 At Cost Variable 5,000.001,500.001,500.002,500.00 Fees 2021 Adopted At Cost Per LotPer Lot Flat FeeFlat Fee Per UnitPer Unit Variable PLANNING/ZONING/DEVELOPMENT Per PermitPer PermitPer PermitPer PermitPer Month Per Escrow Per Banner Per Hearing Per Meeting Charge Basis Per CertificatePer Certificate Per Abatement Per ApplicationPer Application City of St. Joseph 2021 Adopted Fee Schedule Per Plan ReviewPer Plan Review Per Amendment Per Yr/Per DevicePass Through Fee % of Loan Amount % of Avg Land Value NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable *Applicant will be Responsible for Additional Charges incurred Above the Escrow Collected. Escrow Accounts can be in the form of Cash. Develop. Plan Fee Fee Industrial Initial FeePer LotEscrow Fee Failure to Permit/Remove Banner SignRe-Hearing Fee if Previous Application DeniedCity LimitsSt. Joseph TownshipCity LimitsSt. Joseph TownshipCity PropertySt. Joseph Township Annexation AreaSingle FamilyMulti FamilyCommercial/Industrial Preliminary PlatFinal Plat Interest RateOrigination FeeResidential, Comm/Escrow FeeInitial EscrowInstall PermitMaintenance FeeElectricityRentApplic ation Fee Annexation PetitionBanner SignCertificate of Survey/Minor SubdivisionComprehensive/Land Use Plan AmendmentConditional Use PermitInterim Use PermitPark Dedication FeePass Through FeesPlattingPUD Application FeePUD AmendmentRevolving Loan*Site Plan ReviewSmall Cell Wireless AntennaSpecial MeetingTax Abatement Conditions & Requirements 7,500.00 Fees 2021 Adopted PLANNING/ZONING/DEVELOPMENT Charge Basis Per Abatement City of St. Joseph 2021 Adopted Fee Schedule N (Y/N) Taxable *Applicant will be Responsible for Additional Charges incurred Above the Escrow Collected. Escrow Accounts can be in the form of Cash. Fee Escrow Fee* Conditions & Requirements 50.0060.00 500.00500.00500.00400.00650.00500.00 2,500.007,500.00 Fees 15,000.00 2021 Adopted PLANNING/ZONING/DEVELOPMENT Per ProjectPer Project Per Petition Per VariancePer Variance Charge Basis Per Application City of St. Joseph 2021 Adopted Fee Schedule Per AmendmentPer Amendment NNNNNNNNNN (Y/N) Taxable *Applicant will be Responsible for Additional Charges incurred Above the Escrow Collected. Escrow Accounts can be in the form of Cash. Fee City LimitsSt. Joseph Township Annexation Area Application FeeEscrow Fee* - Project < $1,500,000Escrow Fee* - Project >= $1,500,000TIF Plan Amendment Application FeeTIF Plan Amendment Escrow Fee* Tax Increment Financing (TIF)Vacation Petition*VarianceZoning AmendmentZoning LetterZoning Permit Conditions & Requirements > 6 Months Old | Current Rabies Vaccine Required > 6 Months Old | Current Rabies Vaccine Required > 6 Months Old | Current Rabies Vaccine Required /Cats/Cats/Cats Required if there is a Direct or Indirect Charge and is Available to the PublicRequired for all DogsRequired for all DogsRequired for all DogsDefined by State Statutes 347.50-347.56 | Requires $300,000 Liability Insurance Coverage | Current Rabies Vaccine RequiredDoes not Include Applicable Fees Owed to Contracted Kennel for BoardingRequired for Households with > 2 Dogs | Administrative Hearing also RequiredRequired for Excavations within the Public Right-Of-Ways, Alleys, and other Public Grounds | Proof of Insurance RequiredPermit Application Required | For Joetown Rocks CelebrationProof of Liability Insurance RequiredProof of Insurance Required1 Allowed/Living Unit | Sticker Must be Returned or Wait 30 Days to Issue New PermitCharged through the State of Minnesota | Required to Purchase and Use an ID ScannerFor the Sale of Brewed Malt Liquor | Proof of Insurance Required | Sales Must be < 500 Barrels AnnuallyFor the Sale of Malt LiquorValid 10:00am - 10:00pmValid 11:00am - 8:00pmRequired to Sell Wine | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance Required --- 5.005.005.00 35.0010.0010.0025.0025.0035.0075.0035.0060.0060.0045.0050.0025.00 150.00100.00150.00150.00200.00200.00200.00225.00310.00300.00475.00550.00700.00 3,100.001,000.00 2021 Adopted Fees LICENSES & PERMITS (NON-BUILDING) Per Tag Per Keg AnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnually City of St. Joseph 2021 Adopted Fee Schedule Per Event No Charge Charge Basis Per Excavation Per Yr/Per Cart Per OccurrencePer Occurrence Per Yr/Per VehiclePer Yr/Per VehiclePer Yr/Per VehiclePer Yr/Per VehiclePer Yr/Per VehiclePer Yr/Per Vehicle YY NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee 000 - 200 Members201 - 500 Members501 - 1,000 Members1,001 - 2,000 Members2,001 - 4,000 Members License - New DogLicense - Before April 1stLicense - After April 1stLicense FeeOn Sale Liquor LicenseOff Sale Liquor LicenseSpecial Club License Non-Dangerous DogDangerous DogReplacement TagImpound Fee - Owner Pick UpImpound Fee - Sent to KennelKennel LicenseCity of St. Joseph ResidentsSt. Joseph Township ResidentsSt. Wendel Township ResidentsCity of St. Cloud ResidentsAdditional Vehicle/Replacement Permit2AM Bar Close LicenseInspection Fee - Class A OccupancyOutside/Temporary Liquor PermitSmall Brewer Off Sale Malt LicenseSunday Growler Off Sale LicenseSunday On Sale Liquor LicenseSunday Off Sale Liquor LicenseWine License Intoxicating Liquor License Amusement Device LicenseAnimalsCompost PermitExcavation Permit/Right of Way PermitFireworks PermitFood Truck/Confectioners LicenseGolf Cart PermitKeg PermitLiquor Conditions & Requirements For the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance RequiredFor the Sale of Intoxicating Liquor | Proof of Insurance Required 550.00 2,000.003,000.00 2021 Adopted Fees LICENSES & PERMITS (NON-BUILDING) AnnuallyAnnuallyAnnually City of St. Joseph 2021 Adopted Fee Schedule Charge Basis NNN (Y/N) Taxable Fee 4,001 - 6,000 Members> 6,000 Members Brewer Taproom Liquor License Conditions & Requirements For the Sale of Malt Liquor | Proof of Insurance RequiredFor the Sale of Malt Liquor | Proof of Insurance RequiredProof of Insurance Required | $1,000 Surety Bond RequiredInitial Fee Charged for ALL Dwelling UnitsCharged from Unit 2Charged from Unit 2 to Max Dwelling (Ex: 35 Dwelling charged Initial $100, then 34 x $35)for >= 2 Re-InspectionsRequired for Any Person to Engage in Pawn Broking or Advertising SuchNon-RefundableAnnual License per Employee12 Days Maximum | Only Valid for Non-Profit12 Days Maximum | Only Valid for Non-ProfitRequired to Operate a Tattoo BusinessRequired for the Retail Sale of TobaccoMaximum 30 Days to Irrigate New Lawn Daily 20.0035.0050.0075.0050.0075.00 250.00250.00200.00150.00250.00250.00100.00500.00100.00750.00500.00750.00150.00100.00125.00175.00500.00 2,500.002,500.001,000.002,000.001,000.00 No Charge 2021 Adopted Fees LICENSES & PERMITS (NON-BUILDING) Per UnitPer UnitPer Unit AnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnuallyAnnually Per Truck City of St. Joseph 2021 Adopted Fee Schedule Per EventPer EventPer Event Initial Fee Per PersonPer PersonPer PersonPer PersonPer Person Charge Basis Per Employee Per Inspection Per InvestigationPer InvestigationPer InvestigationPer InvestigationPer InvestigationPer Investigation NNNNNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee Initial FeeDepositOutside of MNInitial FeeDepositOutside of MN1 Unit Dwelling/Initial Dwelling Unit2-7 Unit Dwelling> 8 Unit Dwelling Preliminary InvestigationOn Sale Malt LicenseOff Sale Malt LicensePreliminary Investigation Intoxicating Liquor License (Cont'd)Non-Intoxicating Liquor License Rental LicenseRe-Inspection FeeAnnual LicenseBackground CheckLicense per EmployeeDepositLicense - < 500 PeopleLicense - > 500 People1-14 DaysAnnual Permit 15-30 Days31-60 Days61-90 Days May Bowle LicenseRefuse Hauler PermitRental HousingSecond Hand Dealers & Pawn Brokers LicenseSexual Oriented BusinessSpecial Event LicenseTattoo LicenseTobacco LicenseTransient Worker (Solicitor, Peddler, Transient)Water Exempt Permit Conditions & Requirements Must Download App and Pay Electronically | Bikes must be Returned to Stall10:00am - 8:00pm | Non-Refundable | Non-Transferrable | Damage Deposit RequiredRequired for Rentals NotedSpecified Space Allotment | See ContractSpecified Space Allotment | See ContractNo Alcohol AllowedNo Fee for Approved Non-Profits | No Alcohol AllowedMust Live within Fire Service Area | No Alcohol AllowedNon-Refundable |Non-Transferrable8:00am-4:30pm | Non-Refundable | Non-TransferrableNon-Refundable |Non-Transferrable | Tax Included in FeeNon-Refundable |Non-Transferrable | Tax Included in FeeNon-Refundable |Non-Transferrable | Tax Included in FeeOpen to Public at No Charge | Donations Requested for MaintenanceOpen to Public at No Charge | Donations Requested for MaintenanceOpen to Public at No Charge | Donations Requested for MaintenanceOpen to Public at No Charge | Donations Requested for MaintenanceCharged when Police Department or Public Works has to Open Park due to No Key PickupField must be Prepped and Returned to Pre-Game/Pre-Practice ConditionField must be Prepped and Returned to Pre-Game/Pre-Practice ConditionField must be Prepped and Returned to Pre-Game/Pre-Practice Condition Rate for Unstaffed Reservation | Damage Deposit RequiredAges 3+ | < 3 Free with Paying AdultOne Punch/Person/Day | Purchase During Open Gym HoursOne Punch/Person/Day | Purchase During Open Gym HoursFee Charged to Organizer of Event | Proof of Insurance Required --- - - - 1.002.00 40.0018.0030.0060.0075.0050.00 100.00200.00200.00150.00200.00100.00200.00100.00200.00100.00200.00150.00100.00100.00 Fees RENTALS 2021 Adopted 100.00 - 100.00 Per DayPer DayPer DayPer DayPer Day Per CardPer Card Per HourPer HourPer HourPer Hour Per EventPer Event Per Game Per RentalPer RentalPer RentalPer RentalPer RentalPer RentalPer RentalPer RentalPer Rental Per MonthPer Month Charge Basis City of St. Joseph 2021 Adopted Fee Schedule Per Day/Per Person YYYYYYYYYYY NNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee PracticeGamesPractice Per Hour, UnstaffedDaily Fee10 Punch Card20 Punch CardRental FeeDamage DepositRental FeeDamage DepositRental FeeDamage DepositEvent FeeDamage DepositNon-Contracted UsersContracted Users Room RentalGym ReservationOpen GymDamage DepositLittle Saints Academy Lease AgreementGateway Church Lease AgreementBusinessNon-Profit BusinessResidentDamage DepositRoom RentalDamage DepositCentennial ParkMillstream ParkLake Wobegon Trail ShelterArchery RangeDog ParkFootgolf - General UsageDisc Golf - General UsageDisc Golf - TournamentPark Keys - No Show to PickupSchneider Field Bike Share ProgramCommunity CenterFire Hall RentalGovernment CenterPark Rental Fees Conditions & Requirements Field must be Prepped and Returned to Pre-Game/Pre-Practice Condition 75.00 Fees RENTALS 2021 Adopted Per Game Charge Basis City of St. Joseph 2021 Adopted Fee Schedule N (Y/N) Taxable Fee Games Conditions & Requirements $6,000 + $0.005x value over $1,000,000Must be Replacing Same Size OpeningOne Hour MinimumOne Hour MinimumOne Hour Minimum | New, Repair, Or MaintenanceSF Primary Structure, Commercial/Industrial | Process to Check for Proper Erosion ControlMinimum Fee of $50.00Minimum Fee of $50.00Based on Dept of Labor & Industry Rates 65%25%65% 23.00 45.00 0.006 0.006 0.006 0.006 60.00 60.00 60.00 60.00 0.006 80.00 50.00 50.00 50.00 0.006 50.00 95.00 50.00 0.006 50.00 95.00 80.00 40.00 100.00175.00100.00 Plan Review 6,000 + .005x Double Permit Fee See Planning-Zoning Actual Surcharge Cost 2021 Adopted Fees BUILDING PERMITS *Building Permit Fees are Non-Refundable* City of St. Joseph 2021 Adopted Fee Schedule Flat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat FeeFlat Fee EquationPer HourPer HourPer Hour Per PermitPer Permit Charge Basis Per $ ValuationPer $ ValuationPer $ ValuationPer $ ValuationPer $ ValuationPer $ ValuationPer $ Valuation % of Permit Fee% of Permit Fee% of Permit Fee NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) Taxable Fee $1 - $1,200$1,201 - $2,000$2,001 - $10,000$10,001 - $25,000$25,001 - $50,000$50,001 - $100,000$100,001 - $500,000$500,001 - $1,000,000> $1,000,000Commercial/Industrial/Multi FamilySingle Family ResidentialRoofingSidingWindow Replacement - Same SizeWindow Replacement - Different SizeParking PadPermit FeePlan ReviewAfter Normal Business HoursOther Miscellaneous InspectionsInvestigatio n FeeMechanical AlterationNew HomeFireplacePlumbing AlterationNew HomePermanent SignTemporary Sign ValuationBuilding Plan Review FeeBuilding - ResidentialBuilding without a PermitDemolitionExpired Permit FeeFire Suppression & AlarmsInspectionsLand DisturbanceMechanical - CommercialMechanical - ResidentialPlumbing - CommercialPlumbing - ResidentialSignsState Surcharge Conditions & Requirements Minimum $10.00 Late FeeMust Sign Up at City Hall and Provide Proof of Age | Applies to 30 Gallon Refuse OnlyRound-Up Utility Bill to nearest $1.00 to help improve City ParksSingle Family Residential Rate Based on Previous Year Nov/Dec Usage | Rate Set at 13,500 Gallons for New Construction or New Residents not Living in Property during Nov/DecLine Charge Unit Calculated based upon Sewer Gallons TreatedBilled Per Acre/Per BillBilled Per Acre/Per BillBilled Per Acre/Per BillBilled Per Acre/Per BillSee Ordinance for How to CalculateSee Ordinance for How to CalculateSee Ordinance for How to CalculateSee Ordinance for How to Calculate**Taxable for Non-Residential Users | Fee Includes Sewer Only Accounts where Water Services are Available and Property Owner is able to Connect**Taxable for Non-Residential Users**Taxable for Non-Residential Users -- 10% 5.004.804.804.803.205.155.151.62 6.10 9.75% 15.2021.2021.00 17.50 17.80 19.2022.5011.0034.0012.4012.4033.7252.4640.9240.9212.40 24.00 Varies Fees UTILITY RATES 2021 Adopted Per BillPer Bill % Per BillPer BillPer BillPer BillPer BillPer BillPer BillPer BillPer BillPer Bill Per UnitPer Unit No ChargeNo Charge As needed *Rates Charged per Bi-Monthly Bill Cycle unless Noted Otherwise* Per Account Charge Basis City of St. Joseph 2021 Adopted Fee Schedule Per Unit/Per Unit/Per Unit/Per BillPer Unit/Per BillPer Unit/Per BillPer Unit/Per Bill Per Billable AcrePer Billable AcrePer Billable AcrePer Billable Acre To Nearest Dollar Per 1,000 GallonsPer 1,000 GallonsPer 1,000 Gallons YYYYYY NNNNNNNN ****** (Y/N) Taxable Fee Recycling Cart 60 galRecycling Cart 90 galExtra Recycling CartOverflow BagSenior Citizen Rate (Over 65 Years of Age)30 Gallon Refuse60 Gallon Refuse90 Gallon Refuse2nd Refuse CartSolid Waste Management TaxFixed ChargeSewer UsageContract UserSingle Family DwellingDuplex Residential DwellingMulti Family Dwelling (Non-Duplex)CommercialIndustrialInstitutionalMinimum ChargeAgricultureP ublic FacilityResidential - UrbanCommercial/IndustrialMixed Use FacilityEducational & Ecclesiastic Zoned PropertiesFixed ChargeWater UsageSprinkler UsageMDS Test Fee Late FeeRefuseRound-Up ProgramSewerStorm WaterStreet Light UtilityWater Conditions & Requirements Suggested $20.00 Donation per DumpSee Ordinance for Unit DeterminationExcess Sewage Discharge as Determined by Public Works6% Per Annum of the Balance | Per City's MS4 PermitCredit is Allowed for Storm Water Improvements ConstructedCredit is Allowed for Storm Water Improvements ConstructedCredit is Allowed for Storm Water Improvements Constructed6 Month Lease FeeFrom Hydrant | For Approved ContractorsIf Test is 98% or More Accurate, Actual Testing Charges will be Invoiced to CustomerIf Test is 98% or More Accurate, Actual Testing Charges will be Invoiced to CustomerSee Ordinance for Unit DeterminationCost of Meter + Labor to Prepare Meter 6% - 6.850.100.205.655.65 0.13410.0065.00 50.00 150.00300.00400.00800.00600.00100.00100.00100.00 1,000.001,500.002,000.002,500.001,878.001,543.522,500.005,000.001,200.00 3,500.00 Fees See Contract Cost + Labor 2021 Adopted Per Lid Flat FeeFlat Fee Per UnitPer UnitPer UnitPer UnitPer TestPer TestPer Unit Per AcrePer AcrePer AcrePer Acre Per Card Per Meter Per Antenna % of Balance Charge Basis Annual PermitAnnual PermitAnnual Permit Per Square FootPer Square FootPer Square Foot Per 1,000 GallonsPer 1,000 GallonsPer 1,000 Gallons Voluntary Donation City of St. Joseph 2021 Adopted Fee Schedule YYYYY NNNNNNNNNNNNNNNNNNNNNNNNNN (Y/N) UTILITY FEES (OTHER THAN BI-MONTHLY FEES) Taxable Fee Residential (Includes Country Manor Homes)Commercial/IndustrialResidentialCommercial/Industrial < 1,000,000 Gallons Per Year1,000,000 - 10,000,000 Gallons Per Year> 10,000,000 Gallons Per YearCo Rd 121 Water LineIndustrial Park Lift Station (DBL)Northland Lift Station2005 Field Street A Sewer Line2016 Field Street B Sewer LineSingle Family ResidentialMulti Family ResidentialCommercial/IndustrialPermanent AntennaTemporary AntennaDamage Deposit/Pass Through FeeBase FeeUsage FeeMobile Meter DepositBase FeeUsage FeeResidentialCommercial Industrial Discharge PermitRV Dump SiteSAC Hook-Up ChargeSewage DumpingSewer Trunk ChargeIllicit Storm RunoffStorm Water Development FeeAntenna Fees - Water Tower LeaseBulk Water (From Treatment Plant 2)Bulk Water (Mobile Meter)Interim Meter ReadingMeter TestingWAC Hook-Up ChargeWater MeterWater Meter Lid Cover/Frost Bottom SewerStorm WaterWater Conditions & Requirements 1st Disconnect on Delinquent Property2nd or Greater Disconnects on Delinquent Property in a Calendar Year 150.00150.00300.00 120.00 Fees 2021 Adopted Per Valve Charge Basis Per ReconnectionPer ReconnectionPer Reconnection City of St. Joseph 2021 Adopted Fee Schedule NNNN (Y/N) UTILITY FEES (OTHER THAN BI-MONTHLY FEES) Taxable Fee Non-Delinquent PropertyDelinquent Property - First ReconnectDelinquent Property - Subsequent Reconnect Water Meter ValveWater Reconnect Fee Conditions & Requirements 175.00150.00300.00777.25698.95 4,724.361,085.23 Fees 2021 Adopted Per Unit Per AcrePer AcrePer AcrePer Acre Charge Basis Per Assessable Unit City of St. Joseph 2021 Adopted Fee Schedule NNNNNNN (Y/N) UTILITY FEES (OTHER THAN BI-MONTHLY FEES) Taxable Fee Residential (Includes Country Manor Homes)Commercial/Industrial Co Rd 121 Water Line2016 1st Ave NE Water Line2005 Field Street A Water Line2016 Field Street B Water Line2020 20th Ave SE Water Line Water TapWater Trunk Charge Conditions & Requirements Maximum 5 Days/YearMaximum 5 Days/YearMaximum 1 Stipend/Day | Commissions Established by Mayor's Appointments AnnuallyTraining, Primary, General, and Special Election DaysTraining, Primary, General, and Special Election DaysSchedule I/IIMinimum 1 HourMaximum 1 Stipend/Day*Employee Contracts Supercede the Fee Schedule Detailed Receipts Required | Alcohol cannot be ReimbursedDetailed Receipts Required | Alcohol cannot be ReimbursedDetailed Receipts Required | Alcohol cannot be ReimbursedNot to Exceed IRS Rate | Detailed Receipt Showing $0.00 Balance Owing RequiredUnderage Sales to MinorsSpecial Event Pay (Joe Town Rocks, July 4th, etc)Minimum 1 Hour N/A 50.0035.0014.00 15.00 12.0035.00 50.0012.0012.7518.0012.00 12.00 Actual 100.00100.00 435.00650.00100.00500.00450.00 2,300.00 6,000.003,500.001,000.00 Per IRS RatePer IRS RatePer IRS Rate Per IRS Rate Per Contract Step 1 Patrol Officer 2021 Adopted Fees SCHEDULE OF COMPENSATION City of St. Joseph 2021 Adopted Fee Schedule Basis Per DayPer DayPer DayPer DayPer Day Per YearPer Mile Per HourPer HourPer HourPer HourPer HourPer HourPer HourPer HourPer HourPer Hour Per MonthPer Month Per MeetingPer MeetingPer MeetingPer MeetingPer Meeting Annual SalaryAnnual SalaryAnnual SalaryAnnual SalaryAnnual Salary Fee < 5 Hours/Day>= 5 Hours/Day City Council MeetingsPlanning Commission MeetingsCouncilMayorMeeting CompensationDaily Per DiemRegular & Special MeetingsElection JudgeHead JudgePension RateFire Call, Drill Pay, Emergency PayFire ChiefAsst. Fire ChiefCaptain (5 Appointed)SecretaryData Entry ClerkFire Board Meeting StipendBreakfastLunchSupperMileageLodgingIce Rink AttendantWatering AttendantSummer Seasonal (1-2 Years)Winter SeasonalOpen GymInternship Cable CommissionCity Council/Mayor SalariesCommission/Subsidiary Board SalariesElection JudgesFire DepartmentPer Diem Reimbursements*Police Compliance ChecksPolice ReservesSeasonal Workers RESOLUTION 2021-023 APPROVING ORDINANCE 2021-07 AMENDING CITY FEE SCHEDULE The City Council for the City of St. Joseph HEREBY ORDAINS SECTION 1. FEE SCHEDULE That the attached schedule of City fees is hereby adopted. SECTION 2. EFFECTIVE DATE That this ordinance is effective upon publication. rd This amendment is adopted this 3day of May, 2021 and shall be effective upon publication. Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2021. CouncilAgenda Item MEETING DATE: April 19, 2021 AGENDA ITEM: Street Closure Request SUBMITTED BY: Administration BACKGROUND INFORMATION: Weathered Revivals submitted a special event application for an event to be held on June 23, 2021 from 5PM – 8PM. The event requires city council approval because of the request to close the north/south alley to the east of the applicant’s property. All requirements have been met and the event will have all the necessary barriers. BUDGET/FISCAL IMPACT: NA ATTACHMENTS: Special Event Application Site Plan REQUESTED COUNCIL ACTION: Approve the alley closure for an event to be held on June 23, 2021 from 5PM – 8PM hosted by Weathered Revivals. Council Agenda Item MEETING DATE: May 3rd, 2021 AGENDA ITEM: SUBMITTED BY: Nate Keller, Community Development Director BOARD/COMMISSION/COMMITTEE RECOMMENDATION: th Planning Commission recommended approval of Preliminary Plat at Nov. 10, 2020 meeting. Planning Commission recommended applicant proceed to Council without full Planning Commission review at th their March 8 meeting. Code 540.13 Subd. 4 C) allows plats to proceed directly to Council with Planning Commission recommendation. PREVIOUS COUNCIL ACTION: rd Council approved the Preliminary Plat (with conditions) at the Nov. 23, 2020 meeting. BACKGROUND INFORMATION: Synopsis: CLC Partners is proposing to Final plat portions of Parcel’s 84.53350.0310 and 84.53350.0295 (property immediately North of Knife River parcel). Intent of the plat is to facilitate the sale of the land and future construction of a rail spur/trans loading station which would connect from the South (existing Knife River lot). The transload station and intended rail spurs would allow future rail service to the Industrial park/community. Construction on the trans load station is tentatively planned for 5+ years from now. Applicant information: Kevin Cox, CLC Partners Existing Zoning: I-1 Light Industrial Future Land Use: Light Industrial Location: North of existing Knife River location and East of County Road 133 Civil:Plans are attached Access: No additional public right of way is proposed. Public right of way has already been dedicated as part of the Industrial Park development. Future access would be off th of 24 Ave NE which is intended to connect to Westwood Pkwy in the future. WCA/Wetlands: There are multiple wetlands on the property. Wetland delineation has been completed and a WCA permit has been approved by Stearns County as part of the Preliminary plat submittals/process. Overall plat information: Knife River Addition, Lot 1, Block 1, and Outlot A. Lot 1 is 31.644 acres and Outlot A is 1.901 acres. Staff has outlined two options in the drafted Develop Agreement for Council consideration. Option 1 puts forth various “triggers” which would determine when the roadway improvements and occur and would place responsibility on the “benefitting” properties through assessments. properties are those that are directly adjacent to the roadway extension. The future roadway connections consist of: Jasmine Way (Exhibit F) Westwood Parkway (Exhibit G) th 24 Ave NE (phase one; shown as Exhibit E) th 24 Ave NE (phase two; shown as Exhibit H). The triggers would be when properties develop further either through a site plan application, re-plat, or final plat. This option is non-traditional and unique. Vast majority of plats follow option 2. Option 2 follows standard platting procedure and places the responsibility of construction of the roadway extensions onto the developer who is platting the land. The Develop Agreement indicates a timeline of 2026 (or sooner if the property further develops before then) to construct the extensions depicted in Exhibits E, F, G, and H. This timeline is pushed out due to the unknown of how much traffic, and exact needs of the platted land. At the time of site plan or re-plat the city will understand the needs of the site more specifically, access points, and what roadway extensions will be required. At this time its unknown how much truck traffic will occur to, and from the site. Option 2 is the recommended choice of staff. If the site does not develop in the intended timeline the Developer always has the option to request an amendment to the Developers Agreement to either – extend the date further, or adjust the required roadway extensions and needs based on the site specifics. BUDGET/FISCAL IMPACT: See attached fee’s (will be paid by applicant and/or future developers of adjacent sites) in Develop Agreement. ATTACHMENTS: Preliminary plat Final plat Final plat resolution Develop Agreement with exhibits REQUESTED COUNCIL ACTION: Staff requests approval on: Develop Agreement. Staff needs recommendation on Option 1 or Option 2 within theDevelop Agreement. Option 2 is recommended by staff. Final Plat esolution If Council recommends denial or to table the request then a finding of fact shall be cited. 1 OF 300' 10/16/2020 CommonGroundAlliance 1 Call48Hoursbeforedigging: 811orcall811.com DATE: SHEETNUMBER: 200' 1"=100' 100' 0' PROJECTNUMBER:001445.02 PRELIMINARYPLAT TollFree(800)270-9495 Phone(320)253-9495370112thStreetNorth,Suite206Fax(320)358-2001St.Cloud,MN56303 ST.JOSEPH,MN KNIFERIVERADDITION 55343 LICENSENO. 10/16/20 ChristopherR.FoleyDATE: IHEREBYCERTIFYTHATTHISPLANWASPREPAREDBYMEORUNDERMYDIRECTSUPERVISIONANDTHATIAMADULYLICENSEDLANDSURVEYORUNDERTHELAWSOFTHESTATEOFMINNESOTA CLCPARTNERS PREPAREDFOR: 10/16/2020 INITIALISSUE:REVISIONS: . CRF 100' NAS CREW:CHECKED:DRAWN:HORIZONTALSCALE: © 2017 Westwood Professional Services, Inc.N:\\0014445.02\\DWG\\SURVEY\\0014445.02 V-PREPLAT.DWG 300 200 100 BEARINGS ARE BASED UPON THE SOUTH LINE OF THENE1/4 OF THE NE1/4 OF SECTION 11 TWP.124 RNG. 29 0 KNIFE RIVER ADDITION 12 6 (NO SCALE) 6 ARE SHOWN THUS: 12 DRAINAGE AND UTILITY EASEMENTS LINES AND 12 FEET IN WIDTH ADJOINING STREET LINES UNLESS OTHERWISE INDICATED ON THE PLAT. EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOT ECITONTUOHTIW EGNAHCOTTCEJBUS YPOCTFARD 31.644 AC BLOCK 1 1.901 AC AREA SUMMARY:± LOT 1 = 1,378,421 S.F. OUTLOT A = 82,784 S.F. ST. JOSEPH CITY COUNCIL RESOLUTION 2021 - A RESOLUTION OF APPROVAL REGARDING THE KNIFE RIVER ADDITION FINAL PLAT WHEREAS, CLC Partners referred to as “applicant” and “owner” has properly applied for Final plat approval; and WHEREAS, the subject property is identified in Exhibit A; and WHEREAS, Planning Commission has reviewed the Preliminary Plat and recommended approval at th their November 20, 2020 meeting; and WHEREAS, the Planning Commission recommended the Final Plat proceed directly to the City th , 2021 meeting; and Council at their March 8 WHEREAS, the City Council hereby found the following conditions to be required upon this final plat: General 1.All conditions and requirements outlined in the Developers Agreement are met. Zoning 1.All conditions within the Developers Agreement are adhered to by the applicant Engineering 1.All comments depicted in the Developers agreement are adhered to by the applicant NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, THAT THE KNIFE RIVER ADDITION FINAL PLAT IS APPROVED Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 3rd day of May, 2021 CITY OF ST. JOSEPH By Rick Schultz, Mayor By Therese Haffner, City Administrator Exhibit A Legal Description Outlots A and G, NORTHLAND BUSINESS CENTER, according to the plat of record in Stearns County, Minnesota. AND That part of the Northeast Quarter of the Northeast Quarter of Section 12, Township 124 North, Range 29 West and the Southeast Quarter of the Southeast Quarter and Southwest Quarter of the Southeast Quarter of Section 2, Township 124 North, Range 29 West, all in Stearns County, Minnesota, described as follows: Beginning at the southeast corner of Outlot G, NORTHLAND BUSINESS CENTER, Stearns County, Minnesota, according to the record plat thereof; thence North 00 degrees 47 minutes 11 seconds West, assumed bearing along the east line of said NORTHLAND BUSINESS CENTER, a distance of 1317.38 feet to the northwest corner of said Northeast Quarter of the Northeast Quarter; thence North 00 degrees 47 minutes 54 seconds West, along said east line, a distance of 111.34 feet; thence northeasterly along said east line, a distance of 158.61 feet along a tangent curve concave to the southeast having a radius of 260.00 feet and a central angle of 34 degrees 57 minutes 12 seconds; thence North 34 degrees 09 minutes 18 seconds East, along said east line and tangent to said curve, a distance of 407.93 feet to the southwest corner of Outlot A, said NORTHLAND BUSINESS CENTER; thence southeasterly along the southwesterly line of said Outlot A and its southeasterly extension, a distance of 597.43 feet along a non-tangent curve concave to the northeast having a radius of 3950.00 feet, a central angle of 8 degrees 39 minutes 57 seconds and a chord bearing South 60 degrees 16 minutes 12 seconds East to the northerly extension of the west line of BATZER SECOND ADDITION, said Stearns County, Minnesota, according to the record plat thereof; thence South 00 degrees 44 minutes 28 seconds East, along said northerly extension of the west line and the west line of said BATZER ADDITION, a distance of 1596.29 feet to the south line of said Northeast Quarter of the Northeast Quarter of Section 12 and the southwest corner of said BATZER SECOND ADDITION, thence South 88 degrees 17 minutes 44 seconds West, along said south line, a distance of 793.51 feet to said southeast corner of Outlot G, NORTHLAND BUSINESS CENTER and the point of beginning. KNIFE RIVER ADDITION FINAL DEVELOPMENT AGREEMENT CITY OF ST. JOSEPH, MINNESOTA THIS AGREEMENT made effective the day of , 2021, by and between the City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and CLC Partners LLC, a Minnesota Limited Liability Company (“Developer”). RECITALS A. The Developer has the right to develop the property situated in the City of St. Joseph and legally described on the attached EXHIBIT A (the “Subject Property”). B. The Developer has requested and received preliminary plat approval to facilitate development of the Subject Property with one industrial lot for a rail transload facility and storage of material and one outlot on November 23, 2020. C. On May 3rd , 2021 the City approved the final plat of the Subject Property known as Knife River Addition (the “Plat”), which approval is contingent on the terms and conditions of this Agreement, including the Developer and the City entering into this Agreement. D. The Developer acknowledges that Developer is responsible for all costs incurred by it or the City in conjunction with the development of this Plat, including, but not limited to construction of improvements, legal, planning, engineering and inspection expenses incurred in connection with approval and acceptance of the Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the Plat and improvements therein, unless otherwise provided herein. NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and Developer agree as follows: 1 PLAT Recording. The Developer will record the Plat and this Development Agreement with the County at Developer’s expense within ninety (90) days of final plat approval, and will forward confirmation of the recording of the documents to the City. In the event that technical or clerical revisions are needed in this document or if for any reason the County Recorder deems the Development Agreement unrecordable, the Developer and City will cooperate in the execution or amendment of any revised Development Agreement. If, for any reason, the Plat is not recorded by the County, Developer agrees to hold the City harmless for any costs incurred. It is expressly understood that Developer will have no claim for breach of this Agreement in the event the Plat is not recordable or revisions are required in the Plat. If the Plat is not recorded prior to the assignment of assessments, the Developer shall be responsible for all costs incurred in the dividing of assessments at a later date. An electronic copy of the recorded, final plat shall be submitted to the City Engineer in AutoCAD and Adobe PDF formats. Monuments. The Developer will install Plat monuments for the Subject Property within one year after recording the Plat. No Certificate of Occupancy will be issued for the Subject Property in the Plat until the lot monuments have been installed and certified by a registered land surveyor. Monuments will need to be relocated and/or replaced if they become buried or removed during the excavation/development of the property. Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses or other documents from any and all necessary governmental agencies, as applicable, (including but not limited to the City, Stearns County, the Pollution Control Agency, the Department of Health, and the Department of Natural Resources, Watershed District, and Northern Natural Gas) so as to enable the development of the Subject Property. Right to Proceed. Within the Plat, or within the public rights of way, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: (a) this Agreement has been fully executed by both parties and filed with the County. (b) Developer has deposited all escrows required by this Agreement. IMPROVEMENTS It is understood and agreed that the purpose of this Development Agreement is to define the responsibilities for the public infrastructure improvements adjacent to the property described in Exhibit A and clearly defining the development expectations of the land known as Exhibit A. Upon development of the land described in Exhibit A the Developer and Responsible Party designated below agree to construct public and private infrastructure improvements at their as reviewed and deemed necessary by the City. These infrastructure improvements will consist of (a)Site Grading; (b)Water distribution system including fire hydrants, valves, and appurtenances; (c)Sanitary Sewer Collection System; 2 (d)Street Lighting (LED) (e)Building Services (with regard to extension of municipal services); (f)Concrete Curb & Gutter as it relates to ingress and egress streets and parking lots; (g)Erosion Control on Site; (h)Storm Water Runoff Treatment and Control On-Site; (i)Signs Designating Pedestrian Walkway, Traffic Directional, regulatory, and warning signs in Designated Parking Areas; (j)Permanent turf establishment. (k)Mail boxes per the USPS guidelines. OPTION 1 FOR COUNCIL CONSIDERATION Adjacent parcels would be assessed per MN Chapter 429 for infrastructure improvements. Different trigger points for infrastructure requirements. Completion Timeline. The work the Developer is to perform under this Agreement must be done and performed by Developer in a good and workmanlike manner and completed on or before the following dates: Phase One Required Infrastructure Improvements Road Section: th 24 Ave NE Exhibit E Description Date th Full construction of 24 Ave NE from Westwood Before parcel described in Exhibit A develops Parkway to Jasmine Lane as depicted in Exhibit E through a re-plat or site plan approval or before including street lights, street signs, curb/gutter, parcel 84.53735.0229 described as Outlot B of paving, sewer extension, water extension, and Northland Business Center is Final Platted or re- storm sewer extension.platted–whichever occurs first Responsible party Abutting properties as described below will be responsible for construction costs through assessments th for the road infrastructure improvements and extension of 24 Ave NE. The assessments will be applied at the time of site plan or re-plat whichever occurs first on properties 1 and 2 which are described below. Abutting properties: Property #1 3 Parcel ID: 84.53735.0229 Legal Description: Outlot B of Northland Business Center Property #2 Parcel ID: 84.53350.0310 Legal Description: Described in Exhibit A Property #3 Parcel ID: 84.53735.0228 Legal Description: Outlot A of Northland Business Center Road Section: Jasmine Lane Exhibit F Description Date th Full construction of Jasmine Lane To 24Ave NE Before the following parcels develop through a as depicted in Exhibit F including street, lights, site plan approval or re-plat (whichever occurs street signs, curb/gutter, paving, sewer extension, first): water extension, and storm sewer extension Exhibit A parcel 84.53735.0229 described as Outlot B of Northland Business Center parcel 84.53735.0232 described as Outlot E of Northland Business Center Responsible party Abutting properties as described below will be responsible for construction costs through assessments for the road infrastructure improvements and extension of Jasmine Lane. The assessments will be applied at the time of site plan or re-plat whichever occurs first on properties 1 and 2 which are described below. Abutting properties: Property #1 Parcel ID: 84.53735.0229 Legal Description: Outlot B of Northland Business Center Property #2 Parcel ID: 84.53735.0232 Legal Description: Outlot E of Northland Business Center Road Section: Westwood Parkway Exhibit G Description Date st Full construction of Westwood Parkway from 21 Before parcel described in Exhibit A develops th Ave NE to 24 Ave NE as depicted in Exhibit G through a re-plat or site plan approval or before including street, lights, street signs, curb/gutter, Outlot B of Northland Business Center develops paving, sewer extension, water extension, and through a re-plat or site plan approval– whichever storm sewer extension occurs first Responsible party 4 Abutting properties as described below will be responsible for construction costs through future assessments for the road infrastructure improvements and extension of Westwood Parkway. Abutting properties: Property #1 Parcel ID: 84.53735.0229 Legal Description: Outlot B of Northland Business Center Property #2 Parcel ID: 84.53350.0310 Legal Description: Described in Exhibit A Property #3 Parcel ID: 84.53350.0295 Legal Description: Described in Exhibit A Property #4 Parcel ID: 84.53735.0232 Legal Description: Outlot E of Northland Business Center Phase Two Required Infrastructure Improvements Road Section: th 24 Ave NE Exhibit H Description Date th Full construction of 24 Ave NE from Jasmine Before parcel described in Exhibit A develops Lane to Fir St as depicted in Exhibit H including through a re-plat or site plan approval or before street, lights, street signs, curb/gutter, paving, parcels described as Outlot E, of Northland water extension, sewer extension, and storm sewer Business Center or Outlot F of Northland Business extension Center further develop through a Final plat, or site plan approval– whichever occurs first. The developer may request an amendment to this Developers Agreement waiving this requirement if it is determined by the City that phase two th and full construction of 24 Ave NE is not needed Responsible party Abutting properties as described below will be responsible for construction costs through future th assessments for the road infrastructure improvements and extension of 24Ave NE unless an amendment of this Developer’s agreement and vacation of right-of-way is approved by the City Council. Abutting properties Property #1 Parcel ID: 84.53735.0232 Legal Description: Outlot E of Northland Business Center 5 Property #2 Parcel ID: 84.53350.0310 and 84.53350.0295 Legal Description: Described in Exhibit A Property #3 Parcel ID: 84.53735.0226 Legal Description: Lot 5, Block 3 of Northland Business Center Property #4 Parcel ID: 84.53735.0233 Legal Description: Outlot F of Northland Business Center OPTION 2 FOR COUNCIL CONSIDERATION Strict deadlines on infrastructure improvements. Responsibility falls 100% on Developer Completion Timeline. The work the Developer is to perform under this Agreement must be done and performed by Developer in a good and workmanlike manner and completed on or before the following dates: Phase One Required Infrastructure Improvements Road Section th 24 Ave NE Exhibit E Description Date thth Full construction of 24 Ave NE from Westwood September 30, 2026 or before parcel described in Parkway to Jasmine Lane as depicted in Exhibit E Exhibit A further develops through a re-plat or site including street lights, street signs, curb/gutter, plan approval – whichever occurs first. paving, sewer extension, water extension, and storm sewer extension. Road Section Jasmine Lane Exhibit F Description Date thth Full construction of Jasmine Lane To 24Ave NE September 30, 2026 or before parcel described in as depicted in Exhibit F including street, lights, Exhibit A further develops through a re-plat or site street signs, curb/gutter, paving, sewer extension, plan approval – whichever occurs first. water extension, and storm sewer extension Road Section Westwood Parkway Exhibit G Description Date 6 stth Full construction of Westwood Parkway from 21 September 30, 2026 or before parcel described in th Ave NE to 24 Ave NE as depicted in Exhibit G Exhibit A further developers through a re-plat or including street, lights, street signs, curb/gutter, site plan approval – whichever occurs first. paving, sewer extension, water extension, and storm sewer extension Phase Two Required Infrastructure Improvements Road Section th 24 Ave NE Exhibit H Description Date th Full construction of 24 Ave NE from Jasmine Before parcel described in Exhibit A develops Lane to Fir St as depicted in Exhibit H including through a re-plat or site plan approval – whichever street, lights, street signs, curb/gutter, paving, occurs first. The developer may request an sewage pump station, water extension, sewer amendment to this Developers Agreement extension, and storm sewer extension waiving this requirement if it is determined by the th City that phase two and full construction of 24 Ave NE is not needed and a vacation of the right- of-way is approved by City Council. Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas) must be installed underground within a common area serving the Subject Property at the Developer’s expense. Developer is responsible for contacting utility companies for service to the Subject Property. Hard Surfaced Private Driveways . Hard surface access private drive(s) and parking lots located on the Subject Property in accordance with the plans approved by the City with the building permit are a requirement and must be installed prior to the Certificate of Occupancy being issued or as soon thereafter as possible, weather permitting. All parking areas shall be hard surfaced and meet all applicable sections of Zoning Ordinance 502.10 Off Street Parking. Road Access and truck traffic. The City shall be provided a complete traffic volume study at Developer’s expense which projects estimates for anticipated train and truck volumes for the land described th in Exhibit A in order to determine permitted access points to public street connections to 24 Ave NE. The depth of the traffic study shall be determined by the City Engineer. Security. It is agreed that the City has the right, privilege and authority as a condition precedent to the approval of the Plans and approval of the Plat to prescribe design requirements for Improvements within the Plat. Developer will provide and maintain an unconditional irrevocable Letter of Credit in a form acceptable to the city in the amount of ________ which may be adjusted to 100% of bid construction costs when known and agreed to by the City Engineer to guarantee timely and satisfactory construction of the Improvements and Developer’s performance of all terms of this Agreement. Upon completion, inspection, and acceptance by the City of the Improvements, the Letter of Credit will be released. The Letter of Credit will be provided to the City upon execution of this Development Agreement. 7 The City may draw on the Letter of Credit, without notice and at the Bank’s branch office in or nearest to St. Cloud, Minnesota, at any time and during any term if this Development Agreement remains unfulfilled by the Developer or if such letter of credit is not renewed as required. The city will have the right to enter upon the Subject Property to inspect work or complete all or a portion of the project as necessary. In the event the city does any such work, the City may, in addition to its other remedies, asses the cost in whole or in part. DEDICATION Developer will dedicate to the City, after their completion, all water and sanitary sewer mains, storm sewer mains, roadways and other structures located in the right-of-way on the Plat. Developer shall provide to the City any and all necessary easements and/or dedications or deeding to ensure that the City has the ability to maintain, repair, replace or modify the roadways, trails, sewer, and water mains, storm sewers, holding and sedimentation ponds and other public improvements located in the Plat. STORM WATER TREATMENT AREAS AND STORM WATER PIPES Cleaning of Stormwater Facilities. At such time as the City determines that construction on the Subject Property has been sufficiently completed so as not to cause significant erosion which will contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment areas require cleaning/dredging prior to the completion of all such construction, the City may request that the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the Department of Natural Resources and the Army Corps of Engineers, as applicable. Buffer Area Adjacent to Ponds. All storm water ponds servicing the Subject Property, whether such ponds are located on City owned property, easements running in favor of the City, or on private property, must maintain a minimum of an 8-foot natural buffer from the high-water mark. Notwithstanding the above, one access to each pond may be required by the City in a location determined by the City in its sole discretion. Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the Developer shall enter into a storm water facility maintenance agreement. The Developer shall be responsible for maintaining the stormwater facilities and for observing all drainage laws governing the operation and maintenance of the stormwater facilities. The Developer shall provide the City with a schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections and maintenance activities, and submit such records annually to the City upon its request. The cost of all inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities, shall be the obligation of the Developer and its successors. Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be completed: A.Submittal of as-built record drawings of the stormwater facilities. B.Submittal of post-construction infiltration field-test, if applicable. 8 C.Certification by a qualified engineer or hydrologist verifying the facility has been constructed in accordance with the storm water plans and specifications submitted and approved by the City with the issuance of the building permit. D.Final site inspection by City staff or City representative. EROSION AND LANDSCAPING Erosion Control. The Developer shall comply with all requirements of the “General Storm Water Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with the tasks on Exhibit A designated as the Developer’s responsibility. In addition, the City may impose additional erosion control requirements if in the opinion of the City Engineer such requirements are necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of City utility systems. The Developer shall comply with the erosion control plans and with any such additional instruction it receives from the City. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye grass or other fast-growing seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. SITE GRADING Site grading shall meet all the requirements set forth in the City’s Development Manual, and in the General Storm Water Permit for construction. When the site grading has been completed: A.The Developer shall verify by field survey that the site grading has been completed in accordance with the city approved grading plan. The Developer shall submit the record site grading plan to the City for approval prior to the issuance of the Certificate of Occupancy. B.Elevations shall be taken on all lot corners, all building pads, and on drainage breaks, ponding sites, ditches, and swales. Arrows shall show how the lot is to drain. C.No permanent material stockpile of any sort will be permitted on the Subject Property. Temporary stockpiles shall be placed outside of the public right of ways and easements, and shall be limited to suitable grading and construction materials generated from within the Subject Property and for use in the grading of the present Project. Excess materials not reserved for the present development, as defined by the City accepted grading plan, shall be removed from the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet in height and for a duration not to exceed eighteen (18) months. Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion for its work may cause flooding and/or damage to adjoining property owners. In such event, the Developer agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer for flooding and/or damages arising out of such failure. Further, after giving five (5) days advanced notice to Developer and Developer does not comply within said five (5) days the City may undertake any corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold the City harmless and indemnify the City from claims of all third parties for damages arising out of said corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by the City arising out of the corrective action including, but not limited to any costs necessary to re-landscape disrupted soils located with the Plat. 9 CITY FEES THAT APPLY WHEN DEVELOPED Area Charges. Water, sanitary trunk charges are to be paid before site plan approval is given to the area described in Exhibit A and will be based on 1,378,421 square feet or 31.644 acres (total lot area and does not include ROW or outlots) Reduced or waived fee’s may be considered by the St. Joseph City Council at the time of site plan if future user does not require water, sewer hook-up. Sanitary Sewer Trunk Charges. The Developer agrees to pay future Sanitary Sewer Trunk Charges in accordance to rates indicated in the City’s fee schedule at the time of site plan approval for the site depicted in Exhibit A. Reduced or waived fee’s may be considered by the St. Joseph City Council at the time of site plan if future user does not require sewer hook-up Water Trunk Charges. The Developer agrees to pay future Water Trunk Charges in accordance to rates indicated in the City’s fee schedule at the time of site plan approval for the site depicted in Exhibit A.Reduced or waived fee’s may be considered by the St. Joseph City Council at the time of site plan if future user does not require water hook-up Park Fees. The Developer agrees to pay a park dedication fee in accordance to the City’s fee schedule prior to recording of the Plat. The current 2021 park dedication fee is 5% of average land value. The average land value for Industrial property in Stearns County is $8,500 per acre. The Development site is 33.55 acres. Therefore, the park dedication fee would be: $14,258 SAC/WAC. The Developer acknowledges that sewer and water access charges will be payable at then current rates at the time building permits are issued for construction on the Subject Property. Storm Water Development Fees. The property is subject to future Storm Water Development fees charged at the site of site plan approval for the land described as Exhibit A and in accordance with the City’s fee schedule in effect at that time. Reduced or waived fee’s may be considered by the St. Joseph City Council at the time of site plan approval. MISCELLANEOUS Representations. The Developer represents, to the best of its knowledge, that the Plat complies with all city, county, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations and permits thereto related. Prior to recording of the Plat, if the City determines that the Plat does not comply, the City may refuse to allow construction work in the Plat until compliance is achieved. Assignment. This Development Agreement cannot be assigned or transferred without the written consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be grounds for denial of the issuance of any building permit. Waivers. The rights of the City under this Agreement are in addition to any other rights under statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in 10 writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third parties and third parties will have no recourse against the City under this Agreement. Reimbursement. The Developer will reimburse the City for all costs incurred by the City in the defense or enforcement of this Agreement, or any portion thereof, including court cost and reasonable engineering and attorneys’ fees. The Developer shall be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. To ensure reimbursement of the City’s costs, the Developer shall deposit with the City $5,000. The City will provide the Developer with a detailed statement each month illustrating any cost deducted from the escrow account. In the event the escrow is not sufficient the City will invoice the Developer for the additional costs and payment shall be made within 14 days of the date Developer received the City’s notice of costs. If such reimbursement is not made, the City may place a hold on all construction or other work related to the Subject Property, or refuses the issuance of building permits until all costs are paid in full. License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the Subject Property to perform all work and/or inspections deemed appropriate by the City during the development of the Subject Property. Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement in the manner required by the City, the City shall have grounds for denial of building or occupancy permits for the Subject Property. Agreement Binding. The terms and provision hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subject Property and shall be deemed covenants running with the land. Indemnification. The Developer will have no claim against the City and its officers and employees for damages sustained or costs incurred resulting from plat approval and development undertaken by the Developer. The City and its officers, agents and employees will not be personally liable or responsible in any manner to the Developer, contractor or subcontractors, suppliers, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes of action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by Developer pursuant to this Agreement. The Developer will hold the City harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and suppliers, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The Developer agrees to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or death of any person resulting from any actions by the Developer, or its agents or contractors. Insurance. Until all of Developer’s obligations under this Agreement are fulfilled, the Developer will provide and maintain commercial general liability insurance covering personal injury, including death, and claims for property damage of others which may arise. Limits for commercial general liability claims covering bodily injury, death or third-party property damages will not be less than $500,000 per occurrence and $1,000,000 in aggregate. Limits for property damage will not be less than $500,000 per claim. The City will be named as an additional named insured on said policy and the policy shall provide that it may not be cancelled without 30 days prior written notice to the City except in the event of non- payment of premium which shall not be less than 10 days. The Developer will file a copy of the insurance coverage with the City upon execution of this Agreement. The insurance policy obtained by the Developer is subject to City approval. In the event that the City is held liable to a third party by a court of 11 competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover the City, the Developer will be liable under this Agreement for any and all costs incurred or damages claimed against the City. Certificate of Occupancy. The City will not issue a certificate of occupancy for any buildings until the buildings have been connected to sanitary sewer and water, complied with the grading, building and site plans, and the private access driveway for the Subject Property has been constructed with bituminous in accordance with the plans approved by the City with the building permit. Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect or void any of the other provisions of this Agreement. ADDITIONAL CONDITIONS OF APPROVAL FOR FURTHER DEVELOPMENT The Developer agrees with the following conditions: A.The site must conform to I-1 zoning standards for development. B.Site plan approval is required prior to Building permit issuance. C.A Conditional Use Permit must be applied for and approved if any outdoor storage is proposed to be placed on the property. This shall occur prior to building permit submittal and prior to any outdoor storage being placed on the property. D.The final plat mylars shall remove Planning Commission signature lines. E.Infrastructure improvements including full street and municipal utility improvements (ex. curb/gutter, street lights, water main, sanitary sewer) as described in this agreement for Phase 1 (Exhibit E, F, G) and Phase 2 (Exhibit F) and shall adhere to the “Completion timeline” found in this agreement. F.Future traffic volumes shall be provided. Access points shall be bituminous or concrete to minimize tracking. G.Civil plans, including but not limited to hydrology/hydraulic computations must be submitted for review with the site plan approval application. H.Drainage and utility easements are required over storm water treatment areas located on the Subject Property and shall be recorded prior to the issuance of the building permit. I.That the Developer will be required to obtain a NPDES Phase II (Construction Storm Water) permit from the MPCA. J.That the City must have an approved grading plan submitted by the Developer for the Subject Property prior to the issuance of a building permit. K.All Engineer comments shall be addressed as depicted in Exhibit I DEFAULT ON AGREEMENT Events of Default. The following shall be “Events of Default” under this Agreement and the term “events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise provides) any one or more of the following events: A.Failure by the Developer to observe and substantially perform any covenant, condition, obligation, or agreement on its part to be observed or performed hereunder. 12 B.If the Developer shall admit in writing its inability to pay its debts, generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Subject Property. C.If the Developer does not pay the assessments due on the Subject Property pursuant to the provisions of Minnesota Statutes Chapter 429. If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and privilege to declare any amounts expended by the City then due and payable as liquidated damages in full, and the City may immediately bring legal action against the Developer to collect such sums expended by the City; the Developer shall be personally responsible for payment of such sums; in addition, the City shall have a lien against the Subject Property. In addition to any other remedy provided in this Agreement, and without waiver of any such right, the City may avail itself of any or all of the following remedies: 1.Halt all Plat development work and construction of Improvements. 2.Refuse to issue building permits or occupancy permits until such time as the Event of Default is cured. 3.Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default. 4.Terminate this Agreement by written notice to the Developer. Addresses. The address of the Developer for the purposes of this Development Agreement is: Kevin Cox 7939 Ridgewood Road St. Joseph, MN 56374 The address of the City for the purposes of this Development Agreement is: City of St. Joseph 75 Callaway St. E St. Joseph, MN 56374 IN WITNESS WHEREOF, the parties have hereunto set their hands. CITY OF ST. JOSEPH By: ____________________________ Date: _________________________ Rick Schultz, Mayor By: ____________________________ Therese Haffner, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) 13 The foregoing was acknowledged before me the _____ day of ____________, 2021, by Rick Schultz and Therese Haffner the Mayor and City Administrator, respectively, of the City of St. Joseph. ___________________________ Notary Public DEVELOPER CLC PARTNERS, LLC By: CLC Partners a Minnesota limited liability company, By: ____________________________ Date: _________________________ Kevin Cox, President STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) The foregoing was acknowledged before me the _____ day of ____________, 2021, by Kevin Cox, the President of CLC Partners, LLC, on behalf of the Developer. ___________________________ Notary Public Drafted By: City of St. Joseph, 75 Callaway St. E St. Joseph, MN 56377 14 EXHIBIT A LEGAL DESCRIPTION Outlots A and G, NORTHLAND BUSINESS CENTER, according to the plat of record in Stearns County, Minnesota. AND That part of the Northeast Quarter of the Northeast Quarter of Section 12, Township 124 North, Range 29 West and the Southeast Quarter of the Southeast Quarter and Southwest Quarter of the Southeast Quarter of Section 2, Township 124 North, Range 29 West, all in Stearns County, Minnesota, described as follows: Beginning at the southeast corner of Outlot G, NORTHLAND BUSINESS CENTER, Stearns County, Minnesota, according to the record plat thereof; thence North 00 degrees 47 minutes 11 seconds West, assumed bearing along the east line of said NORTHLAND BUSINESS CENTER, a distance of 1317.38 feet to the northwest corner of said Northeast Quarter of the Northeast Quarter; thence North 00 degrees 47 minutes 54 seconds West, along said east line, a distance of 111.34 feet; thence northeasterly along said east line, a distance of 158.61 feet along a tangent curve concave to the southeast having a radius of 260.00 feet and a central angle of 34 degrees 57 minutes 12 seconds; thence North 34 degrees 09 minutes 18 seconds East, along said east line and tangent to said curve, a distance of 407.93 feet to the southwest corner of Outlot A, said NORTHLAND BUSINESS CENTER; thence southeasterly along the southwesterly line of said Outlot A and its southeasterly extension, a distance of 597.43 feet along a non-tangent curve concave to the northeast having a radius of 3950.00 feet, a central angle of 8 degrees 39 minutes 57 seconds and a chord bearing South 60 degrees 16 minutes 12 seconds East to the northerly extension of the west line of BATZER SECOND ADDITION, said Stearns County, Minnesota, according to the record plat thereof; thence South 00 degrees 44 minutes 28 seconds East, along said northerly extension of the west line and the west line of said BATZER ADDITION, a distance of 1596.29 feet to the south line of said Northeast Quarter of the Northeast Quarter of Section 12 and the southwest corner of said BATZER SECOND ADDITION, thence South 88 degrees 17 minutes 44 seconds West, along said south line, a distance of 793.51 feet to said southeast corner of Outlot G, NORTHLAND BUSINESS CENTER and the point of beginning. 15 EXHIBIT B EROSION CONTROL PROCESS Task Responsible Party Action By Prepare SWPPP and obtain General Storm-Water Developer (private) or City Developer’s Engineer if private Permit from MPCA. (public) project. project, City Engineer if public project. Establish erosion/sediment control and mass Developer (private) or City Contractor grade the site.(public) project. Place topsoil, seed, mulch except on boulevards Developer (private) or City Contractor and front yard utility easements. Bring (public) project. transformer pads to grade. Wait for private utilities. After curb and gutter is in, install private utilities Developer. Private Utility companies. in easement area. After utilities are in, construct sidewalk. Developer (private) or City Contractor (public) project. Place topsoil, seed, and mulch on remaining Developer (private) or City Contractor disturbed areas. (public) project... Complete “as-built” survey for all site grading for Developer (private) or City Developer’s Engineer if private Subject Property. This now becomes the (public) project. project, City Engineer if public “Development Plan”project. Place silt fence behind curb (or sidewalk) Developer (private) or City Contractor throughout development. (public) project. Set Property Irons.DeveloperDeveloper’s Surveyor Transfer permit to Developer when construction Developer (private) or City Developer’s Engineer if private is complete. (public) project project, or City Engineer if public project Submit building permit application. Include site Developer. Contractor survey. Issue building permit. City Building Inspector Construct 24’ wide opening in silt fence at Developer. Contractor driveway and place rock entrance. Place additional silt fence as necessary to keep soil on lot. Maintain silt fence and other erosion/sediment Developer. Contractor control items. Sweep streets as required.DeveloperDeveloper, or City if agreement to back charge Developer. Submit certified lot survey showing final Developer. Developer’s Surveyor structures and lot elevations. Issue Certificate of Occupancy.City City Submit “Notice of Termination” to MPCA within DeveloperDeveloper 30 days of final site stabilization and removal of all non-builder silt fence and other erosion/sediment control items. 16 EXHIBIT C FINAL PLAT 17 300 200 100 0 KNIFE RIVER ADDITION 12 6 (NO SCALE) 6 ARE SHOWN THUS: 12 DRAINAGE AND UTILITY EASEMENTS LINES AND 12 FEET IN WIDTH ADJOINING STREET LINES UNLESS OTHERWISE INDICATED ON THE PLAT. EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOT WITHOUT NOTICE SUBJECT TO CHANGE DRAFT COPY 31.644 AC BLOCK 1 1.901 AC LOT 1 = 1,378,421 S.F. OUTLOT A = 82,784 S.F. EXHIBIT D DRAINAGE AND UTILITY PLANS 18 3 3 1 D A O R Y T N U O C W E S T W O O D P A R K W A Y J A S M I N 84.53735.0229 E W A Y 84.53735.0228 84.53735.0232 E N E U E N N E E V U A 84.53350.0310 N T E S V 1 A 2 84.53735.0232 H T 4 2 60060120 84.53735.0226 scalefeet 30 FILE NO. KNIFE RIVER ADDITION STJOEGEN PHONE: 320.229.4300 EXHIBIT 1200 25TH AVENUE SOUTH FINAL DEVELOPMENT AGREEMENT P.O. BOX 1717 DATE: E ST. CLOUD, MN 56302-1717 ST. JOSEPH, MINNESOTA 04/15/2021 www.sehinc.com Save: 4/15/2021 10:37 AM jschmitz Plot: 4/15/2021 10:39 AM P:\\PT\\S\\STJOE\\148807\\5-final-dsgn\\51-drawings\\10-Civil\\cad\\dwg\\exhibit\\SJ148807_DA.dwg 3 3 1 D A O R Y T N U O C W E S T W O O D P A R K W A Y J A S M I N 84.53735.0229 E W A Y 84.53735.0228 84.53735.0232 E N E U E N N E E V U A 84.53350.0310 N T E S V 1 A 2 84.53735.0232 H T 4 2 60060120 84.53735.0226 scalefeet 30 FILE NO. KNIFE RIVER ADDITION STJOEGEN PHONE: 320.229.4300 EXHIBIT 1200 25TH AVENUE SOUTH FINAL DEVELOPMENT AGREEMENT P.O. BOX 1717 DATE: F ST. CLOUD, MN 56302-1717 ST. JOSEPH, MINNESOTA 04/15/2021 www.sehinc.com Save: 4/15/2021 10:37 AM jschmitz Plot: 4/15/2021 10:40 AM P:\\PT\\S\\STJOE\\148807\\5-final-dsgn\\51-drawings\\10-Civil\\cad\\dwg\\exhibit\\SJ148807_DA.dwg 3 3 1 D A O R Y T N U O C W E S T W O O D P A R K W A Y J A S M I N 84.53735.0229 E W A Y 84.53735.0228 84.53735.0232 E N E U E N N E E V U A 84.53350.0310 N T E S V 1 A 2 84.53735.0232 H T 4 2 60060120 84.53735.0226 scalefeet 30 FILE NO. KNIFE RIVER ADDITION STJOEGEN PHONE: 320.229.4300 EXHIBIT 1200 25TH AVENUE SOUTH FINAL DEVELOPMENT AGREEMENT P.O. BOX 1717 DATE: G ST. CLOUD, MN 56302-1717 ST. JOSEPH, MINNESOTA 04/15/2021 www.sehinc.com Save: 4/15/2021 10:37 AM jschmitz Plot: 4/15/2021 10:40 AM P:\\PT\\S\\STJOE\\148807\\5-final-dsgn\\51-drawings\\10-Civil\\cad\\dwg\\exhibit\\SJ148807_DA.dwg J A S M I N 84.53735.0229 E W A Y 84.53735.0228 84.53735.0232 E N E U E N N E E V U A 84.53350.0310 N T E S V 1 A 2 84.53735.0232 H T 4 2 84.53735.0226 84.53735.0233 E T EE R T S IR F 60060120 scalefeet 30 FILE NO. KNIFE RIVER ADDITION STJOEGEN PHONE: 320.229.4300 EXHIBIT 1200 25TH AVENUE SOUTH FINAL DEVELOPMENT AGREEMENT P.O. BOX 1717 DATE: H ST. CLOUD, MN 56302-1717 ST. JOSEPH, MINNESOTA 04/15/2021 www.sehinc.com Save: 4/15/2021 10:37 AM jschmitz Plot: 4/15/2021 10:40 AM P:\\PT\\S\\STJOE\\148807\\5-final-dsgn\\51-drawings\\10-Civil\\cad\\dwg\\exhibit\\SJ148807_DA.dwg EXHIBIT I Engineer Comments 23 MEMORANDUM TO: Therese Haffner, City Administrator Nate Keller, Community Development Director FROM: Randy Sabart, PE City Engineer DATE: April 8, 2021 RE: 2021 Knife River Addition, St. Joseph, Minnesota Final Plat and Rev. Preliminary Site Grading Plan Review SEH No. STJOE GEN G194 14.00 I reviewed the draft final plat and preliminary Civil drainage and utility plan dated February 22, 2021, from Westwood Professional Services. Reference below is made to numbered review comments made during the November 5, 2020, preliminary plat submittal: Preliminary Drainage and Utility Plan 2.Ordinance 540.16, defines required improvements associated with subdivisions. While the proposed plat th Ave on its west side, and the easterly extension of Westwood abuts what has been planned as 24 Parkway near its north side, we understand construction of neither municipal utility nor street improvements at either side is proposed with the subdivision. The City will need to determine the required conditions (ex. timing, limits) for such infrastructure improvements, or if the provisions of Section 540.11, Subd. 2 and 3 (Premature Subdivisions) may apply. 4.The proposed subdivision will accommodate a rail transload facility. Further information relative to th anticipated train and truck volumes, should be provided before access points to 24 Ave are accepted. Permitted access points to the public street shall be surfaced with either bituminous or concrete to minimize tracking. Given intersection spacing and vehicle stacking concerns, the access point between Jasmine Way and Westwood Parkway may need to be eliminated. a.4/8/21 Update: Given the preliminary nature of the site submittal, City-accepted access points to th Ave NE will be considered at the time of final site plan submittal, and the proposed 24 preliminary access points shall not be considered by the applicant as approved by the City. 7.Blank steel casing(s) should be constructed beneath the proposed rail at anticipated municipal utility crossings (ex. future sewage force main at the south end). 10.Due to the proposed subdivision, complete turf establishment of the existing storm water pond at Outlot A was suspended with the 2019 Industrial Park Improvements. The pond slopes shall be permanently stabilized/seeded with an appropriate seed mixture during the 2021 construction season until the proposed new pond configuration is constructed. 11.The preliminary sanitary sewer extension exhibit considers service to only a portion of Outlot E in the Northland Business Center. If utility service is needed at the south end of Outlot E, it is anticipated that the proposed sanitary sewer will need to be deeper and reach further south than illustrated (see attached exhibit). 12.The provided hydrology information demonstrates that the reconfigured pond at Outlot A will contain a similar live storage volume as was considered with the design of the 2019 Industrial Park Improvements (where the anticipated necessary pond volume was split between two separate ponds.) However, the submittal does not demonstrate how drainage north of the pond will be conveyed to the pond. While we th anticipate it feasibility, the developer is advised that the future road profile for 24 Ave may need to be Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is 100% employee-owned | sehinc.com | 320.229.4300 | 800.572.0617 | 888.908.8166 fax 2021 Knife River Addition April 8, 2021 Page 2 raised in elevation (more fill) in order to provide adequate cover over the future storm sewer that will drain to the proposed pond. Draft Final Plat 13.Dedicated drainage easements for the proposed private storm water management systems (ex. Pond 105P and 104P) will be required by the City, but no later than at the time of final site plan approval. 14.The proposed public utility easement along the northerly border should be widened to 60-feetin width to accommodate both future sanitary sewer and water main (Ord 540.15 Subd. 5c). rjs/mrb c: Ryan Wensmann, City of St. Joseph \\\\sehinc.com\\panzura\\pzprojects\\pt\\s\\stjoe\\common\\general numbers\\g194 2020 knife river addition\\1-genl\\14-corr\\2021.04.08 m city prelim plat grading review.docx Council Agenda Item rd MEETING DATE: May 3, 2021 AGENDA ITEM: Ordinance Amendment – Site Plan Review SUBMITTED BY: Nate Keller, Community Development Director BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission conducted th a public hearing and recommended approval of the ordinance amendments at their April 12 meeting. PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Currently the city requires new multi-family, commercial, or industrial construction projects to obtain site plan review and approval before a building permit can be submitted. There is no limitation or trigger point for this requirement. Projects of a minimal scale shall be able to proceed directly to building permit. The site plan application requires a $250 fee + $1,500 escrow. The escrow is utilized to cover Engineer or consultant review. In addition, a site plan application requires submittal of additional documents like architectural drawings, stormwater plans, and more. Therefore, staff is recommending to put a trigger point on when site plan approval is needed. The recommended trigger point is when a project results in an expansion of 25% or more of the existing building footprint area or if a detached structure is proposed that is greater than 50% of the size of the principle building. This requirement is similar to some adjacent communities. Staff feels a 25% or larger expansion is substantial enough to warrant additional review per site plan requirements. BUDGET/FISCAL IMPACT: The amendment if supported may result in a very slight decline in total amount of application fees collected. This may equate to a couple hundred dollars over a whole year. ATTACHMENTS: Ordinance 2021-08 Amending Section 502.12, Subd. 14 REQUESTED COUNCIL ACTION: Request action to approve/deny proposed . ORDINANCE 502 – ZONING ORDINANCE ORDINANCE NO AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH GENERAL PERFORMANCE DEVELOPMENT/SITE PLAN REVIEW ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.12 Subd. 14 Amendment: Ordinance 502.12 Subd. 14 is hereby amended as follows: Subd. 14 Development/Site Plan Review. All site and building plans for multiple family residential, commercial, industrial, institutional or public/semi-public uses shall require site plan review and approval by the Zoning Administrator except as waived in Subd. 16 of this title. Plans shall be prepared by a qualified and licensed civil engineer and architect. a)Applications and Submittal Requirements: Applications for site and building review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1.Proof of title and contract/purchase agreement and property owner signature on the application form when applicable. 2.Four (4) large scale copies, twelve (12) reduced (11”x17”) One electronic copy of copies of detailed written materials, plans and specifications and one electronic copy. 3.Site Plan depicting the following: A.Name of project or development. B.Name and address of developer and/or owner and engineer/architect. C.Scale (engineering only) at not less than one (1) inch equals one hundred feet. D.North point indication. E.Existing boundaries with lot dimension and lot area. F.Existing buildings, structures and improvements. G.Easements of record. H.Delineated wetland boundary, to include the OHWL of any lakes 502.12-1 ORDINANCE 502 – ZONING ORDINANCE or DNR waters. I.All encroachments. J. Legal description. K. Location, setback and dimensions of all proposed buildings and structures. L. Location of all adjacent buildings and structures within one hundred (100) feet of the exterior boundaries of the subject property. M. Location, number, dimensions of all proposed parking stalls, loading areas, fire lane, drive aisles, with curbing shown. N. Location, width and setbacks of all proposed street accesses and driveways and existing accesses within 100 feet of the property. O. Location, width and setbacks of all proposed sidewalks, walkways and trails. P. Location and type of all proposed lighting, including fixture details. Q. Provisions for storage and disposal of waste, garbage and recyclables, including details for enclosing and screening exterior containers. R. Calculations for impervious/pervious surfaces. 4. Architectural Plans showing the following. A. Date of plan preparation and dates of any subsequent revision. B. Architectural elevations, in color, of all principal and accessory buildings (type, and materials used in all exterior surfaces). C. Typical floor plan and room plan drawn to scale with a summary of square footage by use or activity. 5. Grading Plan depicting the following: A. Existing contours at two (2) foot intervals. B. Proposed grade elevations at two (2) foot maximum intervals. C. Drainage plan, including the configuration of drainage areas and calculations. D. Spot elevations. 502.12-2 ORDINANCE 502 – ZONING ORDINANCE E.Surface water ponding and treatment areas. F. Erosion control measures. G. Wetland replacement plan (when applicable). H. Soil borings. I.Drainage calculations for 2, 10, and 100 year storm events. J. Delineated wetland boundary, to include OHWL of any lakes or DNR waters. K. Date of plan preparation and dates of any subsequent revisions. 6. Screening of heating, ventilation and air-conditioning equipment. 7. Landscaping material including the location, type of plant and size. 8. Utility Plan showing the following: A. Location of hydrants, valves and manholes, if any. B. Location, sizing, and type of water and sewer system main and proposed service connections, hydrants, valves, and manholes; or, C. Location and size of proposed primary and secondary on-site treatment systems, when allowed. D. Storm sewer, catch basins, invert elevation, type of castings and type of materials. 9. A description of provisions which shall be made on the site for adequate open space and recreational areas to properly serve residents of the facility. 10. Any other fencing, screening, or building accessories to be located in the development area. b) Design Standards: Plans which fail to meet the following criteria shall not be approved. 1. The proposed development application must be consistent with the St. Joseph Comprehensive Plan, city policies and plans, including: A. Land Use Plan B. Utility (Sewer and Water) Plans C. Local Water Management Plan D. Capital Improvement Plan E. Transportation Plan F. Stormwater Design Standards 2. The proposed development application conforms to this Ordinance and other applicable City Codes. 3. The proposed development shall be served with adequate and safe water supply. 502.12-3 ORDINANCE 502 – ZONING ORDINANCE 4.The proposed development shall be served with an adequate and safe sanitary sewer systems. c) Review and Required Fee. 1.The Zoning Administrator shall forward copies of application and site and building plans to the appropriate staff, consultants and governmental agencies for review and recommendation. The Community Development Department shall perform a review and approve or deny the application. The Community Development Department may also suggest conditions as they deem necessary to the approval of the site and building plans. 2.The applicant may appeal any denial or decision by the Department to the Planning Commission and City Council according to the appeals process in this Ordinance. 3.Fees payable under this section for site plan review shall be in an amount as established by resolution of the City Council. Preparation and review of all elements of the required development plan, as listed and described above, is to be at the sole expense of the developer and at no expense to the public. The fee is payable at the time of filing a petition and is not refundable. In addition to the above fees and in the event the City incurs professional fees, either legal, engineering or professional planners, or any other cost, including but not limited to, postage and publication expenses, the applicants shall reimburse the City for those fees, and the City officials may require an escrow deposit, cashier’s check or letter of credit for these fees prior to the final action on the application for development plan review. Such escrow or letter of credit shall be in the form approved by the City Attorney. Subd. 15: Additional Requirements. Uses may be subject to additional requirements contained in this Ordinance including, but not limited to the sections governing parking, home occupation, floodplain, signs, etc. a) A Lock Box shall be installed on all buildings before a Certificate of Occupancy will be issued. b) A copy of proposed covenants and/or homeowner’s association agreement (s). c) When required, evidence of completion of National Pollutant Discharge Elimination System (NPDES) permitting program and/or the City of St. Joseph Storm Water Pollution Prevention Program (SWPPP). d)If applicable, evidence of compliance with federal, state and local pollution and nuisance laws and regulations, including, but not limited to glare, smoke, dust, odors and noise. The burden of proof for compliance with appropriate standards shall lie with the applicant. e)Every site plan applicant shall be required to submit with the site plan a complete and accurate statement concerning the specific nature of the intended use of the 502.12-4 ORDINANCE 502 – ZONING ORDINANCE property. Subd. 16: SITE PLAN APPLICATION WAIVER a) Interior Modifications Of Existing Permitted Building: Construction which is limited to interior modifications of an existing permitted building do not need site plan approval and may proceed to building permit submittal. b) Exterior Modifications Of Existing Buildings: Modifications to an existing permitted building can proceed direct to building permit submittal provided the modifications result in a twenty-five percent (25%) or less increase in building footprint. c) Detached structures: Proposed detached structures that are fifty percent (50%) or less the size of the principal structure can proceed directly to building permit submittal provided the structure does not require Engineer/stormwater review. If Engineer/stormwater review is needed a site plan application and applicable fees shall be submitted. All Zoning requirements shall be met regardless if the proposed structure needs site plan approval or not. This ordinance becomes effective from and after its passage and publication. rd Passed by the City Council of St. Joseph, Minnesota this 3 day of May, 2021. Rick Schultz, Mayor Therese Haffner, City Administrator 502.12-5 Council Agenda Item rd MEETING DATE: May 3, 2021 AGENDA ITEM: Ordinance Amendment, Outdoor Dining/Sidewalk Cafes SUBMITTED BY: Nate Keller, Community Development Director BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Planning Commission th recommended approval of the revised ordinances at their April 12 meeting. Planning Commission conducted a public hearing at their March meeting - - no public comments have been received to date. th PREVIOUS COUNCIL ACTION: Council provided some comments at the April 5 meeting and directed staff to bring changes back. BACKGROUND INFORMATION: The proposed changes to the ordinance are meant to be flexible, and streamline the approval process but also maintain minimum standards that are reflective of St. Joseph’s character and expectations. Proposed added language from last meeting is shown in green and proposed eliminated language is strikethrough and highlighted in yellow. Currently both outdoor patio and sidewalk cafes require Planning Commission/City council review. The proposed language would eliminate the need to obtain Planning Commission/City Council review/approval and just require administrative approval. BUDGET/FISCAL IMPACT: ATTACHMENTS: 1.2021-09 Ordinance Amending Section 502.22 Outdoor Dining/Sidewalk Cafes 2.Resolution 2021-025 Directing Summary Publication REQUESTED COUNCIL ACTION: 1.Staff requests action (approve/deny) the proposed Amending Ordinance 2021-09 2.Approve Resolution 2021-025 Directing Summary Publication of Ordinance 2021-09 ORDINANCE 502.22 – ZONING ORDINANCE ORDINANCE NO AN ORDINANCE AMENDING THE CITY OF SAINT JOSEPH OUTDOOR DINING AND SIDEWALK CAFE ORDINANCE CITY OF SAINT JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA Purpose and Intent: The purpose of this ordinance amendment is to amend Ordinance 502.22 Amendment: Ordinance 502.22 are hearby amended as follows: Section 502.22: OUTDOOR DINING/SMOKING PATIO AREAS AND SIDEWALK CAFÉS Subd. 1: Intent: The intent of this section of the zoning ordinance is to establish general standards for outdoor dining areas and sidewalk cafés. Subd. 2: Definitions: a)“Outdoor DiningPatio” – an area set aside which is designed to accommodate formal dining outdoors outdoor dining where beverages and/or food is served; that is subordinate to a permitted use on the same property. b)“Sidewalk Café” – an outdoor dining area located within the public right of way in front or adjoining a restaurant or other eating and drinking establishment. a seating area located outside of an establishment in which there is not enough room to provide formal dining Subd. 3: Outdoor Patio Areas Dining/Smoking Areas: Outdoor smoking/dining patio areas are permitted accessory uses in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan is approved by the Zoning Administrator. The Planning Commission The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. The following requirements are must be met: a)Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee and the following submittal information: 1.Existing boundaries with lot dimension and lot area. 2.Existing buildings and structures. 3.Location, setback and dimensions on proposed patio, walkways and structures. 4.Location and type of all proposed lighting, including fixture details. 5.Landscaping plan, including landscaping material, location, type of plant and size. 6.Calculations for impervious surface. 502.22- 1 ORDINANCE 502.22 – ZONING ORDINANCE 7. Additional information determined necessary by the Zoning Administrator to ensure compliance with City Ordinance. b) No portion of the outdoor smoking/dining area shall be located or occur within a public right-of-way or be located or occur closer than two feet from any property line. b)If the outdoor smoking/dining area is proposed to be within a City drainage and utility easement, the property owner shall enter into a written agreement authorizing the use of the City’s easement. b) Patrons must gain entrance to the outdoor patio area from within the main facility, however at least one exit must be provided for fire safety. c) If intoxicating liquor is intended to be served in the outdoor patio dining/smoking area, the standards of the St. Joseph Code of Ordinances as may be amended shall apply. d) The Planning Commission and/or City Council may restrict days, hours, nature and volume, and other aspects of entertainment in any outdoor smoking/dining area, including a prohibition against If any all forms of music, radio, television, and other entertainment, are proposed within the outdoor patio area the entertainment shall meet all adhere to applicable noise ordinances. Special events shall obtain a Special Event permit. to protect the safety, repose, and welfare of residents, businesses and other uses near the establishment. e) The Planning Commission and/or City Council may restrict the hours of operation of an outdoor smoking/dining area based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. ge)The outdoor smoking/diningpatio area shall be handicap accessible and not restrict accessibility in other areas inside or outside the restaurant or food establishment. H f)The outdoor smoking/diningpatio area shall be subordinate to the principal restaurant coffee shop, or other eating/drinking establishment and shall not exceed 33% 49% in area of the square footage of the principal restaurant building. g) The design and finish of the outdoor smoking/dining patio area shall be compatible with the main structure in terms of scale (ancillary), color, architectural features, finish grade, materials and the like. a. Prohibited fencing and barrier materials include but is not limited to: chain link, chicken wire, snow fencing, untreated wood, fabric inserts. b. Prohibited materials for tables includes but is not limited to: plastic, glass table tops. Picnic tables are only allowed in the rear or side of the property 502.22-2 ORDINANCE 502.22 – ZONING ORDINANCE unless the picnic tables are authorized by the city to be placed in the front. c. Prohibited materials for chairs includes but is not limited to: unfinished wood jh) The outdoor smoking/diningpatio area shall be a well-defined space surrounded and delineated by decorative bollards, planters or fencing. A fence surrounding an outdoor smoking/dining area shall be suitable for the intended use. If a fence is proposed, a fencing plan shall be submitted for review and approval by the City. ki) The outdoor smoking/diningpatio area shall be kept in a clean and orderly manner. No food or beverages may be stored outdoors. lj)The outdoor smoking/diningpatio area shall be designed and serviced to prevent debris from blowing off the premises. The business and/or property owner shall be responsible to ensure that the area is properly maintained and litter-free. mk) The outdoor smoking/diningpatio area must conform to all fire and building codes related to the number and types of exits that are required and maximum structural occupancy limits. l) Outdoor patio areas shall only be used between the hours of 7 am and 10 pm. n) The Planning Commission or the City Council may require the notification of property owners if the outdoor smoking/dining area is located closer than 350 feet from residential properties may restrict the hours of operation based upon the proximity of the area to residential dwelling units, and upon considerations relating to the safety, repose, and welfare of residents, businesses, and other uses near the establishment. om) The parking regulations related to minimum required spaces as set forth in this chapter shall apply and compliance therewith shall be maintained. pn) The maximum surface coverage requirements set forth in this chapter shall apply and compliance therewith shall be maintained. q) Smoking shall not be allowed in areas meeting the definition of “indoor area” as defined by the Freedom to Breathe Provision of the Minnesota Clean Indoor Air Act. “Indoor area” means all space between a floor and a ceiling that is bounded by walls, doorways, or windows (whether open or closed) covering more than 50 percent of the combined surface area of the wall space constituting the perimeter of the area. A screen is not considered a wall. Subd. 4: Sidewalk Cafés: Sidewalk cafés are permitted accessory uses within the B-1 Central Business District in conjunction with a restaurant, coffee shop, or other eating and drinking facility provided a site plan specifying the area in which the café will be operated is approved by the Zoning Administrator. Application for site plan review shall be filed with the Zoning Administrator and shall be accompanied by the appropriate fee. 502.22-3 ORDINANCE 502.22 – ZONING ORDINANCE The Zoning Administrator shall forward copies of application and site plan to the appropriate staff, and consultants for review and recommendation. Planning Commission The following requirements must be met: a)Sidewalk cafés shall be limited to the placement of tables, benches, chairs on portions of sidewalks immediately adjacent to the business operating them. Allowable materials shall be consistent with the outdoor patio ordinance. b)A sidewalk café may not occupy any portion of a public street unless it’s part of an approved parklet plan. c)Maintenance of all private facilities on public property shall be the owner’s responsibility. d)A minimum of five (5) feet of sidewalk width remains unobstructed to maintain pedestrian clearance. The pedestrian clearance shall be measured from the edge of the dining area to the curbline. d)Sidewalk café facilities including, but not limited to, tables chairs, and benches shall not be left outdoors after business hours or between the hours of 10 p.m. and 6 a.m. e)Umbrellas/canopies shall not extend into the pedestrian clearance zone and shall not be higher than seven (7) feet in height. f)At no time shall the sidewalk café area be used for consumption of alcoholic beverages. f)Patrons shall not be served food or beverages outside, except that employees may refill beverage containers in the seating area. At no time, shall the sidewalk café area be used for consumption of alcoholic beverages. he business and/or property owner shall be responsible to ensure the sidewalk g)T café area is properly maintained and litter-free. Sites of sidewalk cafés shall be maintained in an orderly, clean and sanitary manner and be free of debris at all times. Trash containers and staffing shall be available at all times to facilitate this condition. Litter shall be picked up on a daily basis. h)The City Planning Commission and/or City Council may shall require businesses operating sidewalk cafés routinely sweep and/or wash portions of sidewalks impacted by such cafés. i)The sidewalk café area shall not block access to the building entrance or required exits. j)The sidewalk cafe area shall only be used between the hours of 7 am and 10 pm. 502.22- 4 ORDINANCE 502.22 – ZONING ORDINANCE k)A written encroachment agreement shall be agreed to and signed by the property owner and the City If the sidewalk café is proposed to encroach into the right of way written approval shall be requested and approval provided by the Zoning Administrator and Public Works Director. idewalk café operators shall provide proof of insurance on an annual basis. l)S Owners of sidewalk cafés shall hold the City harmless from all liability associated with the operation and maintenance of a sidewalk café. __________________________ _______________________________ 502.22- 5 Resolution 2021-02 RESOLUTION DIRECTING SUMMARY PUBLICATION OF ORDINANCE NOS. 2021-008 and 2021-009. The following official summary ofthe ordinance referredto has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of the amendments. Site Plan o Purpose – allow waiver for site plan applications provided certain thresholds are met. Outdoor Patio and Sidewalk Cafes o Purpose – define what constitutes an outdoor patio and sidewalk café and incorporate revised regulations. Copies of the entire text of the ordinances are available for inspection by any person at the office of the City Clerk any Monday through Friday between the hours of 8:00a.m. and 4:30 p.m. or on the City website at www.cityofstjoseph.com rd Adopted by the City Council of St. Joseph on the 3 day of May, 2021 _____________________________ Rick Schultz, Mayor ATTEST: _____________________________ Therese Haffner, City Administrator Council Agenda Item MEETING DATE: May 3, 2021 AGENDA ITEM: Public Works Summer Seasonal SUBMITTED BY: Public Works BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: The city has previously hired 1 seasonal for the summer. BACKGROUND INFORMATION: Public Works department had been approved additional winter seasonal help for 2020/2021. The increase of demands is just as great during the summer months as they are the winter. I am requesting two part-time seasonal summer positions as well as requesting the wage be increased from $12.75/hour to $15.00/hour. BUDGET/FISCAL IMPACT: Increase in wage of budgeted position - $1,300 nd Unbudgeted 2seasonal - $8,650.00 ATTACHMENTS: None REQUESTED COUNCIL ACTION: 1.Approve two Public Works Seasonal Summer positions 2.Approve the wage increase from $12.75/hour to $15.00/hour. Council Agenda Item MEETING DATE: May 3, 2021 AGENDA ITEM: Community Center - Fundraising SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: At their last meeting on March 18, 2021, the Community Center Committee discussed and recommended soliciting a fundraising consultant. PREVIOUS COUNCIL ACTION: In 2019, the City Council approved the completion of a feasibility fundraising study by Fair Winds Consulting who presented the study to the City Council on September 23, 2019. At that meeting, the City Council recommended sending to the Community Center Committee for review and recommendation. BACKGROUND INFORMATION: Last fall, the City of St. Joseph was made aware that the City’s bonding request for $4 million for the Jacob Wetterling Recreation Center had been approved. The City Council has committed $6 million toward the project from half cent regional sales tax dollars for total preliminary budget of $10 million. It is anticipated that the capital cost will be higher than that and therefore, fundraising would be needed. A Request for Proposal (RFP) process similar to the RFP for Architect services recently approved by the City Council could be a way to solicit qualified fundraising consultants. BUDGET/FISCAL IMPACT: TBD ATTACHMENTS: REQUESTED COUNCIL ACTION: Provide input and direction on a fundraising campaign. Council Agenda Item MEETING DATE: May 3, 2021 AGENDA ITEM: Entrance Sign - Request for Proposals Discussion SUBMITTED BY: Mayor BACKGROUND INFORMATION: City entrance signs have been an item of discussion over the past few years. The project has been pushed off due to the following: 1.Other projects have become higher priority. 2.Wait until Gateway Commons develops to better understand what is needed at CSAH2/MN St. 3.Wait until sewer line extension is added from main lift station to CSAH 2 for a better understanding of the alignment Included in the packet is a Request for Proposals (RFP) soliciting for qualified proposals from sign companies to design and construct two entrance signs. BUDGET IMPACT: $110,000 in the budget for 2022 ATTACHMENTS: Request for Proposals REQUESTED COUNCIL ACTION: Have discussion on entrance signage. REQUEST FOR PROPOSALS (RFP) - Entrance Signs for the City of St. Joseph Date of Request: May 3, 2021 Responses due by: May 28, 2021 Issued By: City of St. Joseph, Minnesota Introduction The City of St. Joseph, Minnesota is soliciting for qualifications and proposals from sign companies to design and construct two (2) entrance signs. The City seeks a sign company to design the two signs, including related landscape surrounding each sign. The two signs must have a consistent design, color and be constructed of the same materials. The overall sign dimensions may vary due to site location. The two (2) signs will be situated in the general vicinity of County road 2/West Minnesota Street on city- owned property and 10727 County Road 75 on privately-held property. The City is requesting proposals for the following: Sign design services for an entrance monument sign Construction services to ensure the sign is built structurally sound and easily maintained Site design and construction services for an entrance monument sign will be used for two (2) general locations as described in the RFP Sign Design The sign shall be designed to be attractive and exhibit professional quality of workmanship, which will reflect positively on the City \[and both College of St. Benedict and St. John’s University\]. The sign design shall incorporate the City’s branding, as depicted in the attached general sign rendering, \[Exhibit A\]. The size and shape of the sign shall be large enough to be visible and easily read by motorists on County road 2 from both directions and County road 75 from the west. Both natural and artificial lighting should be considered when selecting colors, designs and placement. The sign shall be constructed of durable and resistant materials able to resist fading, cracking, peeling, rusting and structural failure exposed to outside weather conditions and tampering. Questions on the RFP and Contact with the City: Questions regarding this proposal should be directed to the City’s Community Development Director, Nate Keller nkelller@cityofstjoseph.com (320)-363-7721 no later than 5:00 p.m., CT, May 26, 2021. No persons other than those noted above, including elected official or professional advisers, should be contacted during the solicitation process unless you are specifically directed to do so. The City reserves the right to reject the proposal of any respondent failing to comply with this provision. The risk of receipt of misinformation that could result from a respondent contacting any unauthorized person will be borne solely by such respondent. All questions received, and their answers, will be provided in writing to each institution known to be in receipt of this request for proposals in accordance with the calendar stated below. Receipt of Proposals Your proposal should be delivered to City Clerk Kayla Klein at City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 kklein@cityofstjoseph.com Day and Date Proposal is due: Friday, May 28, 2021 Time Proposal is due: 12:00 PM Proposal Design and Content Your proposal should be limited to not more than five (5) pages, exclusive of company promotional materials. Your response to the RFP should address the following items: Sign Design & Construction Services 1. Sign Design & Construction Services. Provide a brief summary of your businesses approach to this project including sign design, including renderings labeling materials, colors, lighting, locations, sign dimensions and softscape features; construction drawings; and bid document preparation, if necessary. 2. Organizational Capacity: Provide brief descriptions, including other signage and monumentation experience, of the principal personnel who would work with the City and describe their responsibilities for this project. 3. Timing: Provide a proposed timetable for the project, including your company’s availability to begin the project to completion. 4. Pricing: Provide a total price for the requested services, including construction drawings and necessary engineering. Explicitly note any items that are on a reimbursement basis. 5. Potential Conflicts of Interest: Indicate if there is any litigation or regulatory action or any current or historical engagement or relationship with any public or private party that could potentially create a conflict of interest with the City or that would adversely affect your firm’s ability to participate in this project. Deliverables 1. Schematic Design Packet @ 10 -11x17’ send two electronic copies 2. Construction Documents –Two complete hard copies and two electronic sets submitted to the City for review and approval 3. Submit to the City as-built documents of each completed sign by the Contractor Selection Process An evaluation panel consisting of representatives from the City will review the proposals upon receipt. The proposal submitted will be the primary document on which each Respondent will be evaluated. Proposals will be evaluated by the panel considering the factors, which are listed below and which are listed in no particular order of significance: 1. Total cost of the two (2) signs; 2. Narrative demonstrating an understanding of the project; 3. Work plan; 4. Qualifications and experience of proposer; 5. Staff and organization; 6. Conformance with this RFP The City reserves the right to select or reject any or all proposals submitted, to waive any formal proposal requirements, to investigate the qualifications and experience of any Respondent, to eject any provisions in any proposal, to obtain new proposals, to negotiate the requested services and contract terms with any Respondent, or to proceed to do the work otherwise. The City reserves the right to retain all proposals and information submitted and to use in the project any idea or concept contained in any submitted information, regardless of whether that firm is selected. Submittal of a proposal indicates acceptance by the Respondent of all these terms and conditions. St. Joseph will evaluate each proposal and select, if any, based on the City’s sole discretion. Schedule The following is a projected and tentative schedule of events: RFP issued May 3, 2021 Last day for respondents to submit written questions May 14, 2021 Final day responses to questions will be provided May 21, 2021 Response to RFP due May 28, 2021 Firm selected at City Council meeting June 7, 2021 If you have any questions about the enclosed materials or would like any additional information, please feel free to contact, Community Development Director Nate Keller at City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 nkelller@cityofstjoseph.com (320)-363-7721 The City of St. Joseph looks forward to your response to this RFP. Exhibit A Incorporated Sign Design Social Media Policy Purpose Social networking in government serves two primary functions: to communicate and deliver messages directly to citizens and to encourage citizen involvement, interaction, and feedback. Information which is distributed via social networking must be accurate, consistent, and timely and meet the information needs of the City’s intended audience. Social media is used for social networking, and this policy seeks to ensure proper administration of the City of St. Joseph’s social media sites by its representatives. The City has limited control of social media accounts with third parties (i.e., Facebook, Twitter, etc.). At the same time, there is a general expectation by the public that this City have a social media presence by which to share information about current city projects and city business. For municipal purposes, the City’s social media accounts will be used for incidental, non-vital communicationand general information only. It is not the purpose of the city’s social media accounts to be a medium for transactions of city business. The one exception is in the case of a natural or man-made disaster, if it is determined by the City that the best means of communicating with the public is through the social media account(s). The City of St. Joseph wishes to establish a positive and informative social media presence. City representatives have the responsibility to use the City’s social media resources in an efficient, effective, ethical, and lawful manner pursuant to all existing City policies. Policy The City of St. Joseph will determine, at its discretion, how its web-based social media resources will be designed, implemented,and managed as part of its overall communication and information sharing strategy. City of St. Joseph social media accounts are considered a City asset and administrator access to these accounts will be securely administered in accordance with the City’s Computer Use Policy. The City reserves the right to shut down any of its social media sites or accounts for any reason without notice. All social media websites created and utilized during the course and scope of an employee’s performance of his/her job duties will be identified as belonging to the City of St. Joseph, including a link to the City’s official website. The City of St. Joseph does not create or maintain social media accounts for its elected officials. Scope This policy applies to any existing or proposed social media websites sponsored, established, registered,or authorized by the City of St. Joseph. The City’s social media accounts are exclusively the following: The City does not create, collect, disseminate, or regulate use of any other social media accounts, including thepersonal accountsof its elected officials and staff. This policy also covers the private use of the City’s social media accounts by all City representatives, including its City of St. Joseph Social Media Policy1| Page employees and agents, Council members, appointed board or commission members and all volunteers to the extent it affects the City. Questions regarding the scope of this policy should be directed to the City Administrator. Definition Social media are internet and mobile-based applications, websites,and functions, other than email, for sharing and discussing information, where users can post photos, video, comments, and links to other information to create content on any imaginable topic. This may be referred to as “user-generated content” or “consumer-generated media.” Social media includes, but is not limited to: Social networking sites and apps such as Facebook, LinkedIn, Twitter, and Nextdoor Blogs Social news sites such as Reddit and Buzzfeed Video and photo sharing sites and apps such as YouTube, Instagram, SnapChat, and Flickr Wikis, or shared encyclopedias,such as Wikipedia An ever-emerging list of new web-based platforms generally regarded as social media or having many of the same functions as those listed above As used in this policy, “employees and agents” means all City representatives, including its employees and other agents of the city, such as independent contractors or councilmembers. Rules of Use City employees and agents with administrator accessare responsible for managing City social media accounts or websites.Facilities or departments wishing to have a new social media presence must initially submit a request to the City Administrator or designee in order to ensure social media accounts are kept to a sustainable number and policies are followed. All approved sites will be clearly marked as the City of St. Joseph site and will be linked with the official City website (www.cityofstjoseph.com). No one may establish social media accounts or websites on behalf of the City unless authorized in accordance with this policy. Administration of all City social media websites willcomply with applicable laws, regulations, and policies as well as proper business etiquette. City social media accounts accessed and utilized during the course and scope of an employee’s performance of his/her job duties may not be used for private or personal purposes or for the purpose of expressing private or personal views on personal, political,or policy issues or to express personal views or concerns pertaining to City employment relations matters. No City social media account may be used by the City or any City employee or agent to disclose private or confidential information. No social media website should be used to disclose sensitive information; if there is any question as to whether information is private, confidential, or sensitive, contact the City Administrator. City of St. Joseph Social Media Policy2| Page Outside of situations of disaster, no City social media account will be used for transactions of city business. In the event a user initiates a request, application, or question through social media that affects city business or requires another city policy or process to be followed, follow up with that user by phone, email, or other channels. If comments are allowed, in the event of a question of general interest, a response may be given in comments, the initial post may be edited, or a subsequent post may be created to include the information. City of St. Joseph’s staff with administrative rights will not edit any posted comments. However, comments posted by members of the public will be removed if they are abusive, obscene, defamatory, in violation of the copyright, trademark right or other intellectual property right of any third party, or otherwise inappropriate or incorrect. The following are examples of content that may be removed by City staff: Obscene or racist comments Pornographic content Potentially libelous comments Plagiarized material Direct threats to persons or property Material asserted to violate the intellectual property of another person Private, personal information about a person published without his/her consent Information that compromises a public safety security system Statutorily private, confidential, or nonpublic data Commercial promotions or spam Hyperlinks to material that falls into one of the foregoing categories A member of the public whose comment is removed may appeal the removal of the comment and seek reconsideration of its removal by contacting the City in writing and explaining how the comment does not fall into one of the categories for removal. A written response should be provided as soon as reasonably possible. A member of the public who disputes the legality of any portion of this policy may dispute the particular portion in writing. The City should acknowledge the claim promptly and, upon consultation of the city attorney, respond to the claim concerning legality of the policy portion as soon as reasonably possible under the circumstances. Personal Social Media Use The City of St. Joseph respects employees and agents’ rights to post and maintain personal websites, blogs and social media pages and to use and enjoy social media on their own personal devices during non-work hours. The City requires employees and agents to act in a prudent manner with regard to website and internet postings that reference the City of St. Joseph, its personnel, its operation or its property. Employees and agents and other affiliated with the City may not use a city brand, logo or other city identifier on their personal sites, nor post information that purports to be the position of the City without prior authorization. City employees and agents are discouraged from identifying themselves as city employees when responding to or commenting with personal opinions or views. If an employee chooses to City of St. Joseph Social Media Policy3| Page identify him or herself as a City of St. Joseph employee, and posts a statement on a matter related to City business, a disclaimer similar to the following must be used: “These are my own opinions and do not represent those of the City.” Occasional access to personal social media websites during work hours is permitted, but employees and agents must adhere to the guidelines outlined in the City’s Computer Use Policy. Employees and agents should also review the Data Ownership section of this policy. There may be times when personal use of social media (even if it is off-duty or using the employee’s own equipment) may spill over into the workplace and become the basis for employee coaching or discipline. Examples of this include: Friendships, dating or romance between co-workers Cyber-bullying, stalking or harassment Release of confidential or private data; if there are questions about what constitute confidential or private data, contact the City Administrator Unlawful activities Misuse of city-owned social media Inappropriate use of the city’s name, logo or the employee’s position or title Using city-owned equipment or city-time for extensive personal social media use Data Ownership and Retention All communications or messages within social media accounts covered by this policy composed, sent, or received on city or personal equipment are the property of the City and will be subject to the Minnesota Government Data Practices Act. This law classifies certain information as available to the public upon request. As no transactions of city business shall be conducted through social media accounts (outside of disasters), in accordance with the City’s records retention schedule, the City shall retain all social media messages only until read. The City retains the right to monitor employees’ social media use on city equipment and will exercise its right as necessary. Users should have no expectation of privacy. Social media is not a secure means of communication. Policy Violations Violations of this Policy will subject the employee to disciplinary action up to and including discharge from employment. City of St. Joseph Social Media Policy4| Page