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www.cityofstjoseph.com
St. Joseph City Council
February 7, 2022
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.**
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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 August 30, 2021, November 2,
2021, December 16, 2021 and January 18, 2022.
b. Bills Payable – Requested Action: Approve Check Numbers 058630-058708, Account
Payable EFT #002029-002031, 002027; Payroll EFT 112189-11294, Regular Pay Period
2.
c. Tri-County Humane Society Agreement – Requested Action: Approve the agreement for
stray animals in the city.
d. Northland Business Center Assessment Amendment – Requested Action: Adopt
Resolution 2022-003 Adopting the amended final assessment roll for the 2019 Industrial
Park Improvements (Northland Business Center).
e. Antenna Lease Amendment – Requested Action: Approve amended lease and
memorandum of understanding.
f. Wet Well Pump Disposal – Requested Action: Approve disposal of wet well pump from
well 7.
g. ARPA Revenue Loss Standard Allowance Resolution – Requested Action: Adopt
Resolution 2022-004 electing the standard allowance available under the revenue loss
provision of the ARPA grant.
h. Professional Services Agreement – Requested Action: Execute the Supplemental Letter
Agreement for construction phase engineering services for the 2022 Street Improvement
Project.
5. Public Hearing, Delinquent Accounts Assessments
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342
www.cityofstjoseph.com
6. Annual Appointments
7. Ordinance Amendments
a. Ordinance 104, Penalties & Fees
b. Ordinance 613, Therapeutic Massage Establishments and Massage Therapists
c. Ordinance 1004, Licensing and Regulation of Animals
8. Engineer Reports
9. Mayor Reports
10. Adjourn
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342
August 30, 2021
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph special session on
Monday, August 30, 2021, at 5:00 PM in the St. Joseph Government Center.
MembersPresent:Mayor Rick Schultz, Councilmembers Kevin Kluesner, Kelly Beniek, Jon Hazen, Bob
Loso
City Representatives Present: Administrator Therese Haffner, City Attorney Susan Dege
City Attorney Susan Dege presented and recommended approval of the proposed settlement agreement
for an interest in real estate owned by Riverbats Stadium LLC, PID 84.53300.0288.
Schultz made a motion to approve the settlement agreement as proposed. The motion was
seconded by Loso and passed unanimously
Adjourn: The meeting was adjourned at 5:07 PM.
Therese Haffner
City Administrator
November 2, 2021
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph and the St. Joseph
Community Center Committee met in a joint special session on Tuesday, November 2, 2021, at 5:30 PM
in the St. Joseph Government Center.
Members Present: Councilmembers Kevin Kluesner, Kelly Beniek, Jon Hazen, Bob Loso
City Representatives Present: Administrator Therese Haffner, Finance Director Lori Bartlett
Approve Agenda: Hazen made a motion to approve the agenda; seconded by Beniek and passed
unanimously.
The City Council met in special session to hear from four potential fundraising consultants for the
community center. The presentations were as follows:
a. 5:30 PM, MGI Fundraising Consulting Inc.
b. 6:10 PM, Hartsook Fundraising Counsel Worldwide
c. 6:50 PM, Hansen Henley Yoder & Lamb
d. 7:30 PM, Crescendo Fundraising Professionals LLC
Discussion was held on the presentations. By consensus Hartsook Fundraising Counsel Worldwide rated
the highest followed by Crescendo Fundraising Professionals LLC.
Adjourn: The meeting adjourned at 8:40 PM.
Therese Haffner
City Administrator
December 16, 2021
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in a special
session on Thursday, December 16, 2021, at 4:00 PM in the St. Joseph Government Center.
Members Present:Mayor Rick Schultz, Kevin Kluesner, Kelly Beniek, Jon Hazen, Bob Loso
City Representatives Present: Administrator Therese Haffner
Approve Agenda: Hazen made a motion to approve the agenda; seconded by Beniek and passed
unanimously.
The City Council met in special session to hear from three potential construction managers for the
community center. The presentations were as follows:
a. 4:00 PM, BCI Construction, Inc.
b. 5:00 PM, Bradbury Stamm Construction
c. 6:00 PM, W Gohman Construction
Council discussed proposals and consensus was to move forward with Gohman Construction.
Beniek made a motion to approve W. Gohman Construction as the Construction Manager
contingent on review and approval by the City Council of a final contract; seconded by Kluesner
and passed unanimously.
Adjourn: The meeting was adjourned at 7:55 PM.
Therese Haffner
City Administrator
January 18, 2022
Page 1 of 3
Pursuant to due call and notice thereof, the City Councilfor the City of St. Joseph met in regularsession
on Tuesday, January 18, 2022, at 6:00 PM in the St. Joseph Government Center.
Members Present:Kevin Kluesner, Kelly Beniek, Jon Hazen
City Representatives Present:Administrator Therese Haffner,City Clerk Kayla Klein, Finance Director
Lori Bartlett, City Engineer Randy Sabart, Community Development Director Nate Keller,Police Chief
Dwight Pfannenstein
Public Comments:None.
Approve Agenda:Beniekmade a motion to approve theagenda; seconded by Hazenand passed
unanimously.
Consent Agenda:Hazenmade a motion to approve consentagenda;seconded by Beniek and
passed unanimously.
a.Minutes –Requested Action: Approve the minutes ofDecember 20, 2021.
b.Bills Payable –Requested Action: Approve Check Numbers 058518-058629, Account Payable
EFT #002022-002025, 002027; Payroll EFT 112177-112188, Regular Pay Period 26, 26.01
(2021), 1, 1.01, 1.02 (2022), City Council Pay Period 1, Fire Dept PP 1.
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c.Financial Report –Requested Action: Approve the 4quarter and December financial reports as
presented.
d.Explore MN Grant Acceptance –Requested Action:Accept the Explore MN Tourism Marketing
Grant; matching up to $7,500.
e.Meeting Attendant Hire –Requested Action: Authorize the hire of Amanda Lease as meeting
attendant.
f.Police Sergeant Hire –Requested Action: Authorize the hire of Jason Luethmers as Police
Sergeant starting at Grade 11, Step 7 ($39.25/hour) and allow staff to begin the hiring process to
fill the Police Officer vacancy.
Public Hearing, 2022 Street Improvements:City Engineers Randy Sabart and Bill Zidon provided an
overview of the proposed 2022 Street Improvement Project. This hearing is on the merits of the project
and if approved, the second hearing will be the special assessment hearing. Zidon presented the
locations of the project, existing road conditions, proposed improvements to each area, the estimated
cost of the project, how assessments are calculated for the improvements, and a schedule for the
proposed improvements.
Acting Mayor Kluesner opened the public hearing.
Administrator Haffner read into record a statement from Jordan Lenz at 608 Graceview Loop on the
improvements. Lenz is opposed to the improvements.
th
Ave SE: Jonely asked if there is going to be smooth blacktop at the completion of
Kevin Jonely, 325 4
the improvements and how long residents will not be allowed to drive on the road during construction.
Sabart responded that an overlay is different than a sealcoatand there will be a smooth blacktop at
completion. Access to a property owner’s residence will be minimal, typically a few hours to allow the
blacktop to dry.
Rolland Blasig, 528 Graceview Loop: Blasig asked if a notice would be provided to residents prior to work
being done.Sabart responded that notice will be given. Typically, the notice is five days in advance. A
newsletter is sent out prior to the improvements to each impacted resident.
th
Ave SE: Bell asked if the street will be completely blocked off as he is concerned with not
Gene Bell, 18
having access to his home.Sabart responded that it is typically one side of the street at a time.
Diane Weick, 607 Graceview Loop, Homeowners Association President: Weick noted she has received
numerous comments from residents do not feel there is a need for the improvements. Sabart responded
January 18, 2022
Page 2 of 3
that the City tries to be proactive when it comes to street maintenance, not reactive. The maintenance
preserves the integrity of the street. The typical life of the street is 30-35 years. Regularly maintaining the
streets helps get the streets to the full life cycle. If the streets get to a point of no return, a full reconstruct
will beneeded. A structural overlay will typically give the street an additional 10-15 years.
Weick’s second concern is parking for the residents, as most are seniors. Sabartnoted that the contractor
will work with the city and the residents in order to help keep the access open for the residents.
Other discussion items were the maintenance of the trail in the Graceview Addition as well as residents
being allowed to work with the contractor on getting their private driveway redone. That arrangement will
be between the homeowner and the contractor.
thth
Paul Beniek, 118 17Ave SE: Beniek brought up two drainage concerns on the south side of 17
Avenue. Beniek asked if this issue will be addressed with the improvements. Sabart stated that with an
overlay, it is difficult to change the drainage, this is typically done with a full reconstruct. Sabart will look
further into it to see if there is the ability to see if the drainage can be cured with this type of improvement.
Different construction measures would have to be used which would change the scope of the project.
As no one else present wished to speak, Kluesner closed the public hearing.
Hazen moved to approve Resolution 2022-002 Ordering Improvements and Preparation of Plans
for the 2022 Street Improvement Project. The motion was seconded by Beniek and passed
unanimously.
th
Community Center Construction Manager Services:Haffner reported the Council met on December 16
and heard presentations from three firms and it was decided to move forward with W. Gohman
Construction Co. The request is to improve the contract contingent upon review by the city attorney.
Hazen moved to approve the contract to hire W. Gohman Construction Co. contingent upon
review and approval of the A133 2019 AIA contract document by the city attorney; seconded by
Beniek and passed unanimously.
st
Variance Request, 713 1Ave SW:Keller presented the variance request submitted by Gerald Frieler.
City ordinance requires a ten-foot side yard setback from the property lines. Mr. Frieler is requesting a
1.33’ variance which would result in the setback being 8.66’.
Hazen asked what is unique about the property that would qualify it to receive variance approval. The
applicant bought the lot and had the plans drafted with the understanding that the lot size was larger.
Beniek moved to approve Resolution 2022-001 Adopting Findings of Fact and Approving a
Variance to the Interior Side Yard Setback Requirements in a R1 Zoned District; seconded by
Kluesner and passed unanimously.
Annual Appointments/Acting Mayor:Kluesner reviewed the 2022 appointments in comparison to the 2021
appointments and found few changes. One noted change was replacing the EDA Director with the EDA
Chair on the CVB. Staff was unaware of the change and the Council decided to bring back the CVB
appointments at a future meeting for further discussion.
Hazen moved to approve the 2022 Appointments minus the CVB Appointments which will be
brought forward and discussed at a future meeting; seconded by Beniek and passed
unanimously.
Public Works Building Remodel: Beniek moved to approve the proposal from Mike Schlangen
th
Construction Co., Inc. for the remodel at 603 19Ave NE; seconded by Hazen and passed
unanimously.
January 18, 2022
Page 3 of 3
Engineer Reports:Sabart reported that the lighting units will hopefully be received soon and there may
th
be construction activity on 20avenue for the installation of those lights.
Department Reports:The various departments presented their monthly reports.
Mayor Reports: Acting Mayor Kluesner spoke with Mayor Schultz and Schultz will be brining and APO
update on the Southwest Beltline Study at the work session on January 25th.
Adjourn:Kluesnermade a motion to adjourn at 8:03PM; seconded by Hazenand passed
unanimously.
Kayla Klein
City Clerk
Council Agenda Item
MEETING DATE: February 7, 2022
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
Reg Pay Period 2 $51,881.86
Payroll EFT #112189-112194 $35,513.66
Account Payable EFT #002029-002031 $33,921.39
Check Numbers #058630-058708 $364,769.80
Total $486,086.71
Bills Payable – Checks Awaiting Council Approval
Check Numbers #N/A $ 0.00
Total $ 0.00
Total Budget/Fiscal Impact: $486,086.71 Various Funds
ATTACHMENTS:
Bills Payable – Checks Mailed Prior to Council Approval
REQUESTED COUNCIL ACTION: Approve the bills payables as presented.
CITY OF ST JOSEPH
EFT's & Payroll – Paid Prior To Council Approval
Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ
ACH26-Jan-22PAYROLLRegular PP #2$51,881.86
00202901-Feb-22FURTHERFinal Contribution - Magaard VEBA$28,260.0010242120110
00203001-Feb-22SENTRY BANK-CREDIT CARD#94 - Shackle, Clevis$51.9310143125230
00203001-Feb-22SENTRY BANK-CREDIT CARDHeat Lamp$5.3860249470210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - M.Sworski Reimbursement for Pers Chge$25.101014312036300
00203001-Feb-22SENTRY BANK-CREDIT CARDMap Pro Gas$10.9960149440210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #40 Light Bulbs$6.5910143125230
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Trash Bags$25.9810141942210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Cement, PVC Trap$14.5810145201220
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - PVC Pipe, Union$16.3910145201220
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - PVC Elbow$12.5710145201220
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Ball Valve, Elbow, Fastners$25.9010145201220
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Pressure Coupling$3.9410145201220
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #98 Motor Fuel$116.4110143125235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #91 Alternator Rep$150.2610143125230
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Pine Sol$9.1810145202210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #98 Motor Fuel$171.0510143125235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Motor Fuel$151.1010542220235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Taser Related$213.1810142140210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Chief Uniform Dry Cleaning$18.9010142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Cold Gear, Leggings, Mock Shirts$369.9510142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - CVB Website License$75.0022046500309
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Foreign Transacion Fee$1.5022046500309
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Adobe Subscr - Keller$18.2910141910300
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - LED Light Bulb$39.9860249480210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #27 Motor Fuel$84.1660249450235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Adobe Subscr - Klein, Haffner$36.5710141430300
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Adobe Subscr - Bartlett, Wenner-Roth$36.5710141530300
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Zoom Standard Pro$16.0210141950215
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Beacon$1.0010141430300
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Kitchen Supplies$31.0610141942210
00203001-Feb-22SENTRY BANK-CREDIT CARDCoffee$14.2610141942210
00203001-Feb-22SENTRY BANK-CREDIT CARDThermos Carafe$13.9810141942210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Brutger; Insulated Rain Boot$149.9510142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Johnson; Backpack$7.9910142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Brutger; Crew NeckT-Shirts$42.7710142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Brutger; Backpack$8.9910142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #703 Police MIC Pack$44.9910142120210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #707 Motor Fuel$65.0010142152235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Brugter; Leggings$60.0010142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Johnson; Backpack Return($7.99)10142120171
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #90 Motor Fuel$199.6710143125235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #90 Motor Fuel$100.0010143125235
00203001-Feb-22SENTRY BANK-CREDIT CARDHeat Light$9.5960249450210
00203001-Feb-22SENTRY BANK-CREDIT CARDPine Sol$9.1810145201210
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Welding Cart/Cut Off Tool$93.9410143120240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Welding Cart/Cut Off Tool$93.9410145202240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Welding Cart/Cut Off Tool$93.9460149440240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Welding Cart/Cut Off Tool$93.9360249450240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Sledge Hammer$8.2410143120240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Sledge Hammer$8.2410145202240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Sledge Hammer$8.2560149440240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Sledge Hammer$8.2560249450240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #37 Motor Fuel$112.4310143125235
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Pry Bar Set$57.0010143120240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Pry Bar Set$57.0010145202240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Pry Bar Set$57.0060149440240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - Pry Bar Set$56.9960249450240
00203001-Feb-22SENTRY BANK-CREDIT CARD2021 - #21/11 Tires Skiddy & Front Mount$1,319.6810143125210
00203001-Feb-22SENTRY BANK-CREDIT CARDPaper, Pens, Sharpies, etc.$24.7710143120200
00203001-Feb-22SENTRY BANK-CREDIT CARDPaper, Pens, Sharpies, etc.$24.7710145202200
00203001-Feb-22SENTRY BANK-CREDIT CARDPaper, Pens, Sharpies, etc.$24.7760149440200
00203001-Feb-22SENTRY BANK-CREDIT CARDPaper, Pens, Sharpies, etc.$24.7660249450200
00203001-Feb-22SENTRY BANK-CREDIT CARDN.Keller - APA Membership$606.0010141910433
00203001-Feb-22SENTRY BANK-CREDIT CARDN.Keller - MN Public Finance Seminar$215.0015046500331
00203001-Feb-22SENTRY BANK-CREDIT CARDItems for Snowfest Activities$14.5010145204308
00203001-Feb-22SENTRY BANK-CREDIT CARDItems for Snowfest Activities$16.1310145204308
00203001-Feb-22SENTRY BANK-CREDIT CARDCredit - Unauthorized Facebook Charge($15.00)10141430317
00203102-Feb-22PAYMENT SERVICE NETWORKJan 2022 PSN Fees$198.9510141530300
11218925-Jan-22SENTRY BANKHSA w/h Reg PP 2$1,522.9110121715
11219025-Jan-22EFTPSFICA w/h Reg PP 2$7,667.7610121703
11219025-Jan-22EFTPSFed w/h Reg PP 2$6,159.3110121701
11219125-Jan-22COMMISSIONER OF REVENUEState w/h Reg PP 2$2,921.9110121702
11219225-Jan-22PERAPERA w/h Reg PP 2$15,416.7710121704
11219325-Jan-22VOYA FINANCIALDeferred Comp Reg PP 2$1,625.0010121705
11219425-Jan-22AMERICAN FUNDS529 Svgs w/h Reg PP 2$200.0010121705
EFT Total$121,316.91
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ
05863020-Jan-22ALL CARE TOWING, INC.2021 - Accident Tow; 2016 Chevrolet Tahoe #21804271$216.0010142120210
05863120-Jan-22BEE LINE SERVICE, INC.#704 - Oil Change$65.1510142152230
05863220-Jan-22CENTRAL HYDRAULICS, INC#90 - Hose Repair$523.3310143125230
05863220-Jan-22CENTRAL HYDRAULICS, INC#98 - Hose Repair$126.3210143125230
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - PW Uniforms$58.7860249450171
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - PW Uniforms$4.9865149900171
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - PW Uniforms$4.5060343230171
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - PW Uniforms$59.0260149440171
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - PW Uniforms$26.0710145202171
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - PW Uniforms$26.7810143120171
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - Rugs, Towels, Toilet Paper, Soap$137.3660249490210
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - Rugs, Towels, Toilet Paper, Soap$137.3660149490210
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - Rugs, Towels, Toilet Paper, Soap$137.3610145201210
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - Rugs, Towels, Toilet Paper, Soap$45.4410142120210
05863320-Jan-22CINTAS CORPORATION NO. 2Dec. 2021 - Rugs, Towels, Toilet Paper, Soap$432.0610141430210
05863420-Jan-22City of Sartell4th Qtr 2021 - Gang Strike Task Force$3,905.9310142120300
05863520-Jan-22CITY OF ST. CLOUDDec. 2021 - Sewer Rental / Bonds$40,463.0560249480418
05863620-Jan-22CITY OF ST. CLOUD2022 CMWEA Memebeship Fee$1,692.0060249450433
05863720-Jan-22CITY OF ST. CLOUDDec. 2021 - Sewer Rental / Bonds$20,674.5160249480419
05863820-Jan-22COUNTRY MANOR ST. JOSEPH2nd half 2021 - Abated Taxes$4,691.0015046500622
05863920-Jan-22DTM FLEET SERVICE2021 - #707 - Police Dress Vehicle$4,249.9549042152580
05863920-Jan-22DTM FLEET SERVICE2021 - #707 - Installation & Parts for Jet Printer$3,362.4949042152580
05864020-Jan-22EO JOHNSON BUSINESS TECHFirewall 1/20/22 - 2/19/22$370.0010141710215
05864120-Jan-22EVOQUA WATER TECHNOLOGIES, LLC2021 - Bioxide$9,320.0060249480210
05864220-Jan-22GALLS, INC2022 - Riegel; Stryke Pant, Tie/Clip$150.4510142120171
05864220-Jan-22GALLS, INC2022 - Luethmers; Tactical Pants, Armoskin, SS Poly Shirt$311.4410142120171
05864220-Jan-22GALLS, INC2022 - Riegel; SS Poly Shirt$85.0010142120171
05864320-Jan-22GOPHER STATE ONE CALL2022 Annual Operator Fee$25.0060249490319
05864320-Jan-22GOPHER STATE ONE CALL2022 Annual Operator Fee$25.0060149440319
05864420-Jan-22JOHNSON, MIKE2022 At-A-Glance Planner Reimbursement$5.6210143120200
05864420-Jan-22JOHNSON, MIKE2022 At-A-Glance Planner Reimbursement$5.6210145202200
05864420-Jan-22JOHNSON, MIKE2022 At-A-Glance Planner Reimbursement$5.6260149440200
05864420-Jan-22JOHNSON, MIKE2022 At-A-Glance Planner Reimbursement$5.6360249450200
05864520-Jan-22LEAGUE OF MN CITIES2022 - PATROL Subscriptions (12)$1,080.0010142120433
05864620-Jan-22MACQUEEN EMERGENCY, INC2021 - #19 - Toggle Switches$85.0610143125230
05864720-Jan-22MARCO BUSINESS PRODUCTS2022 - Admin Copier 1/10/22 - 2/10/22$322.7310141430410
05864720-Jan-22MARCO BUSINESS PRODUCTS2021 - Overage Copies 06/10/21 - 12-10-21$1,235.9010141430300
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$439.5460149421321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$354.5460149420321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$354.5410542250321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$354.5410145201321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$114.5515046500321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$219.7710141430321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$219.7710142151321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$319.5460149435321
05864820-Jan-22MIDCONTINENT COMMUNICATIONSJan. 2022 - Fiber, Internet, Phones$319.5460249480321
05864920-Jan-22MIKE SCHLANGEN CONSTRUCTION2022 1/2 Down - Maint Bldg Remodel$23,535.5039045201520
05865020-Jan-22MN MUNICIPAL UTILITIES ASSOC2022 Water Utility Member Dues$130.2510143120433
05865020-Jan-22MN MUNICIPAL UTILITIES ASSOC2022 Water Utility Member Dues$130.2510145202433
05865020-Jan-22MN MUNICIPAL UTILITIES ASSOC2022 Water Utility Member Dues$130.2560149440433
05865020-Jan-22MN MUNICIPAL UTILITIES ASSOC2022 Water Utility Member Dues$130.2560249450433
05865120-Jan-22O REILLY AUTO PARTS#26 - Battery$33.6010145202230
05865120-Jan-22O REILLY AUTO PARTS#26 - Battery$33.6060149440230
05865120-Jan-22O REILLY AUTO PARTS#26 - Battery$33.5960249450230
05865120-Jan-22O REILLY AUTO PARTS#90 - Hydraulic Oil$84.9910143125230
05865120-Jan-22O REILLY AUTO PARTS#27 - Wiper Blades$8.2810143120230
05865120-Jan-22O REILLY AUTO PARTS#27 - Wiper Blades$8.2810145202230
05865120-Jan-22O REILLY AUTO PARTS#27 - Wiper Blades$8.2960149440230
05865120-Jan-22O REILLY AUTO PARTS#27 - Wiper Blades$8.2960249450230
05865120-Jan-22O REILLY AUTO PARTS#26 - Battery$33.6010143120230
05865220-Jan-22SEH, INCDec. 2021 - Well #7 Pump$342.5060149440303
05865220-Jan-22SEH, INCDec. 2021 - MN St/1st Ave Traffic Study$167.5010143131303
05865220-Jan-22SEH, INCDec. 2021 - Rivers Bend 4 Development$304.0010143131303
05865220-Jan-22SEH, INCDec. 2021 - Trobecs Bus$253.5010143131303
05865220-Jan-22SEH, INCDec. 2021 - Bad Habit Expansion$437.9610143131303
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ
05865220-Jan-22SEH, INCDec. 2021 - Sunset Property Development$63.0010143131303
05865220-Jan-22SEH, INCDec. 2021 - SW Beltway/HSIP$390.0010143131303
05865220-Jan-22SEH, INCDec. 2021 - CIP/General$297.5010143131303
05865220-Jan-22SEH, INCDec. 2021 - AWIA Risk & Resiliency Asses$2,557.7560149440303
05865220-Jan-22SEH, INCDec. 2021 - 2021 Street & Utililty Improvement$12,691.1441143120530
05865220-Jan-22SEH, INCDec. 2021 - 2022 Street Improvements$13,475.0041543120530
05865320-Jan-22ST. CLOUD REFRIGERATION, INC.1st Qtr 2022 - Facility Management Support$713.4010141942300
05865420-Jan-22STEARNS ELECTRIC ASSOCIATIONDec. 2021 - Electrical Services$1,437.7965243160386
05865420-Jan-22STEARNS ELECTRIC ASSOCIATIONDec. 2021 - Electrical Services$50.5010141942381
05865420-Jan-22STEARNS ELECTRIC ASSOCIATIONDec. 2021 - Electrical Services$957.2010145201381
05865420-Jan-22STEARNS ELECTRIC ASSOCIATIONDec. 2021 - Electrical Services$164.4260249473381
05865420-Jan-22STEARNS ELECTRIC ASSOCIATIONDec. 2021 - Electrical Services$99.6960249472381
05865420-Jan-22STEARNS ELECTRIC ASSOCIATIONDec. 2021 - Electrical Services$74.8660249471381
05865520-Jan-22TIREMAXX SERVICE CENTERS#91 - Tire Repair$39.9510143125230
05865620-Jan-22ZEP MANUFACTURING, INCLD Liner$79.9710145202210
05865620-Jan-22ZEP MANUFACTURING, INCZEP Slide$272.1810145202210
05865703-Feb-22AFSCME COUNCIL 65February 2022 Dues$653.9510121707
05865803-Feb-22BADGER METER, INCMeter Parts$3.5660149430210
05865903-Feb-22BROTHERS FIRE & SECURITYAnnual Monitoring - 2/01/22 thru 1/31/23$450.0060149421300
05866003-Feb-22BRUNO PRESSFeb 2022 CVB Marketing$750.0022046500300
05866103-Feb-22CCP INDUSTRIES, INC.Nitrile Gloves$196.9560249450210
05866203-Feb-22CENTRAL HYDRAULICS, INC#91 - Pipe; Hose; Elbow$94.3710143125230
05866203-Feb-22CENTRAL HYDRAULICS, INC#94 - Pipe; Hose; Elbow$139.4910143125230
05866203-Feb-22CENTRAL HYDRAULICS, INC#91 - Reseal Wing Cylinder$75.0010143125230
05866303-Feb-22CENTRAL MCGOWAN, INC2021 - Medical Oxygen$61.7510142120210
05866303-Feb-22CENTRAL MCGOWAN, INC2021 - Mecical Oxygen$61.7610542270210
05866303-Feb-22CENTRAL MCGOWAN, INC2022 - Medical Oxygen$33.0310142120210
05866303-Feb-22CENTRAL MCGOWAN, INC2022 - Medical Oxygen$33.0410542270210
05866403-Feb-22CENTRAL MN FIRE AID ASSOC.2022 Annual Dues$50.0010542240433
05866503-Feb-22CITY OF WAITE PARKThermal Media Paper for In-Squad Printers$29.9410142120210
05866603-Feb-22DESIGN ELECTRIC, INCRestore Power to Old Maint Bldg$515.3010145201220
05866603-Feb-22DESIGN ELECTRIC, INCRepair Light at Maint Facililty$281.1010145201220
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$19.2510142120446
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$19.2510542210446
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$62.5610143120446
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$62.5610145202446
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$52.9460149440446
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$72.1960249450446
05866703-Feb-22DVS RENEWAL2022 Vehicle License Renewals$77.0010143120446
05866803-Feb-22EMERGENCY APPARATUS MAINT. INC2021 #2 - Nozzle; Discharge Guage; Priming Valve$3,423.3110542260230
05866803-Feb-22EMERGENCY APPARATUS MAINT. INC2021 - #4 - Brake Pedal Repair$541.4110542260230
05866903-Feb-22EMERGENCY SERVICE MARKETINGYear 5 of 5 Subscription - IamResponding$660.0010542240433
05867003-Feb-22FLEET SERVICESDec 2021 - Lease$643.5510142152414
05867103-Feb-22HAWKINS, INCWater Treatment Chemicals$2,730.5760149421210
05867203-Feb-22HMA ARCHITECTS, LTD.St. Joseph Community Center$5,404.7720045202520
05867303-Feb-22HOFFMAN, JUNEJan 2022 Fire Hall Cleaning$60.0010542281300
05867403-Feb-22JOHNSON, MIKE2021 - Reimbursement for Boots$23.1210143120171
05867403-Feb-22JOHNSON, MIKE2021 - Reimbursement for Boots$23.1210145202171
05867403-Feb-22JOHNSON, MIKE2021 - Reimbursement for Boots$23.1260149440171
05867403-Feb-22JOHNSON, MIKE2021 - Reimbursement for Boots$23.1260249450171
05867503-Feb-22JOVANOVICH, DEGE & ATHMANNNov 21 - Attorney Fees - General$76.0010141610304
05867503-Feb-22JOVANOVICH, DEGE & ATHMANNNov 21 - Attorney Fees - PC/Zoning/Rural Residential$152.0010141910304
05867503-Feb-22JOVANOVICH, DEGE & ATHMANNNov 21 - Attorney Fees - 2021 Street Improvements$342.0040843120530
05867503-Feb-22JOVANOVICH, DEGE & ATHMANNNov 21 - Attorney Fees - Industiral Park$19.0040843120304
05867503-Feb-22JOVANOVICH, DEGE & ATHMANNNov 21 - Attorney Fees - Rec Department$38.0010145204304
05867603-Feb-22KLEIN, KAYLA2021 FSA Daycare Reimbursement$5,000.0010121716
05867703-Feb-22LAKE REGION FIREFIGHTERS ASSOC2022 Dues$40.0010542240433
05867803-Feb-22LAW ENFORCEMENT LABOR SERVICESFeb 2022 Dues$585.0010121707
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$327.0010141110361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$94.0010141310361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$10,026.6410141430361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$3,201.0010141941361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$1,882.8810141942361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$43,161.9410142120361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$6,973.4610143120361
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$19,783.4610145202361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$196.7210145205361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$9,150.0210542220361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$21,664.4260149440361
05867903-Feb-22LEAGUE OF MN CITIES INS TRUST2022 General Liability Insurance$13,473.4660249450361
05868003-Feb-22LITTLE FALLS MACHINE, INC#91 - Moldboard Cylinder; Female Adapter$840.0110143125230
05868103-Feb-22MCDOWALL COMPANY2022 - Roofing Inspection$362.5010145205220
05868103-Feb-22MCDOWALL COMPANY2022 - Roofing Inspection$362.5010141941220
05868103-Feb-22MCDOWALL COMPANY2022 - Roofing Inspection$362.5010542280220
05868103-Feb-22MCDOWALL COMPANY2022 - Roofing Inspection$362.5060149420220
05868203-Feb-22MELROSE IMPLEMENT, INC#23 - Various Filters$150.1610145202230
05868203-Feb-22MELROSE IMPLEMENT, INC#23 - Various Filters$150.1510143125230
05868303-Feb-22METERING & TECHNOLOGY SOLUTION2021 - Meter Parts$613.0160149430210
05868403-Feb-22MINNESOTA DNR - OMB2021 Water Usage$709.0360149440442
05868403-Feb-22MINNESOTA DNR - OMB2021 Summer Surcharge (June-Aug Overages)$1,101.5760149440442
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.R.Wensmann - Training$37.5010143120331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.R.Wensmann - Training$37.5010145202331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.R.Wensmann - Training$37.5060149440331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.R.Wensmann - Training$37.5060249450331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.MRWA Technical Conference (Ryan, Jim, Mike, Randy)$250.0010143120331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.MRWA Technical Conference (Ryan, Jim, Mike, Randy)$250.0010145202331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.MRWA Technical Conference (Ryan, Jim, Mike, Randy)$250.0060149440331
05868503-Feb-22MINNESOTA RURAL WATER ASSOC.MRWA Technical Conference (Ryan, Jim, Mike, Randy)$250.0060249450331
05868603-Feb-22MINNESOTA TRAILS2022 Advertising Agreement - CVB Marketing$680.0022046500328
05868703-Feb-22MN MUNICIPAL UTILITIES ASSOC2021 - R.Lipinski - Pre-empl Drug & Alcohol Testing$37.5010142120300
05868803-Feb-22MVTL LABORATORIES, INCWasterwater Testing$434.5060249480312
05868803-Feb-22MVTL LABORATORIES, INCWasterwater Testing$126.5060249480312
05868903-Feb-22NCPERS GROUP LIFE INSURANCEFeb 2022 - Group Life Ins$57.0010121711
05869003-Feb-22NORTH COUNTRY GM2022 Chev Tahoe #702 VIN #1GNSKLED7NR155008$39,166.0049042152550
05869103-Feb-22NORTHERN SAFETY TECHNOLOGY, INC.#98 - DOT3 LED System$1,867.3810143125230
05869203-Feb-22O REILLY AUTO PARTS3-N-1 WK LGT$39.9810145201240
05869203-Feb-22O REILLY AUTO PARTSAbsorent, Antigel, Glass Fuse$79.9710143125210
05869203-Feb-22O REILLY AUTO PARTSOil Filters$15.7010143120230
05869303-Feb-22OFFICE DEPOT2021 - HDMI Cable$54.1410141430200
05869303-Feb-22OFFICE DEPOT2021 - 8.5x11 Paper$57.9810141430200
05869303-Feb-22OFFICE DEPOT2021 - Glue Sticks$2.2010141430200
05869303-Feb-22OFFICE DEPOT2022 - 8.5x11 Paper, Pens, Hi-liters$122.0410141430200
05869403-Feb-22PRECISE REFRIGERATION INCPD Unit Heater Repair$120.0010141942300
05869503-Feb-22QUADIENT POSTAGE FUNDING2021 - Postage Machine Refill$500.0010141430322
05869603-Feb-22RENGEL PRINTING, INCParking Violation Notice Pads$232.3110142120350
05869703-Feb-22SAND, MARY2021 - Commumity Center Pass Card Reimb$22.5010145205300
05869803-Feb-22SCHIFFLER, AMYTransfer Fees - 2002 Chevy Impala; 2002 Chevy Cavalier$20.0010142120436
05869803-Feb-22SCHIFFLER, AMY#701 - Title Transfer; Lease Buyout 2017 Ford Interceptor$37.0010142120446
05869803-Feb-22SCHIFFLER, AMY#702 - Title Transfer; Purchase 2022 Chevy Tahoe$37.0010142120446
05869803-Feb-22SCHIFFLER, AMY#707 - Title Transfer; Purchase 2021 Ford F-150$37.0010142120446
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel$317.1510143120235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel$1,458.4010143125235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel$317.1510145202235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel$353.7760149440235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel$447.9960249450235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel($13.53)10542220235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel($26.59)10143120235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel($122.77)10143125235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel($26.59)10145202235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel($29.83)60149440235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel($37.65)60249450235
05869903-Feb-22SPEEDWAYJan 2022 Motor Fuel$165.9510542220235
05870003-Feb-22ST. CLOUD TIMES2021 - Public Hearing Notice$69.6910141910340
05870003-Feb-22ST. CLOUD TIMES2021 - Resolution 2021-068$132.3410141530340
05870003-Feb-22ST. CLOUD TIMES2021 - Public Hearing Notice$82.2210141910340
05870103-Feb-22ST. JOSEPH NEWSLEADER, INC2021 - Firefighters Wanted Advertisement$114.8010542210340
05870203-Feb-22STATE OF MINNESOTA2022 - Mandatory Inspection Program Decal$20.0010143125230
05870303-Feb-22TACTICAL ADVANTAGE#707 - Shotgun Package, Rifle Loop Sling, Side Saddle$607.9649042152580
05870303-Feb-22TACTICAL ADVANTAGEGlock 17Gen5$433.5049042120580
05870303-Feb-22TACTICAL ADVANTAGETrade In Glock 17Gen5($250.00)49042120580
CITY OF ST JOSEPH
Bills Payable – Paid Prior To Council Approval
Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ
05870403-Feb-22THE HARTFORDFeb 2022 - Life Insurance Premium$186.2010121711
05870503-Feb-22Think Tourism USAJoetown - CVB Advertising$775.0022046500309
05870603-Feb-22TIREMAXX SERVICE CENTERS2021 - Repair Tire on Bobcat$49.9510143125230
05870603-Feb-22TIREMAXX SERVICE CENTERS2021 - #702 Oil Change$74.6510142152230
05870603-Feb-22TIREMAXX SERVICE CENTERS2022 - #706 Oil Change$45.1610142152230
05870703-Feb-22TRAUT WELLS, INCPotable Water Testing$200.0060149420312
05870803-Feb-22WAHL, KATHY2021 - Commumity Center Pass Card Reimb$28.5010145205300
$364,769.80
Total Bills Payable - Mailed Prior to Council Approval
CITY OF ST JOSEPH
Bills Payable – Checks Not Mailed Awaiting Council Approval
Check#DateSearch NameCommentsAmountFUNDDEPARTOBJ
$0.00
Total Bills Payables - Waiting Council Approval
Summary:
EFTs & Payroll
121,316.91
Bills Paid Prior to Council
364,769.80
-
Bills Waiting for Council
486,086.71
Total Bills Payable
Council Agenda Item4c
MEETING DATE:February 7, 2022
AGENDA ITEM:Tri-County Humane Society Agreement
SUBMITTED BY:Administration
BACKGROUND INFORMATION:The City utilizes Tri-County Humane Society forstray dogs in
the City. This requires an annual agreement.
ATTACHMENTS:Tri-County Humane Society Agreement
REQUESTED COUNCIL ACTION: Approve the agreement between the City of St. Joseph and Tri-
County Humane Society.
Council Agenda Item 4d
MEETING DATE:February 7, 2022
AGENDA ITEM:Northland BusinessAssessmentAmendment
SUBMITTED BY:Finance/Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: Council approved the Parkway Business Center developer
agreement. Council adopted Resolution 2021-059Adopting Amended Final Assessment Roll for the
2019 industrial park improvement. Council adopted Resolution 2021-055 approving the final plat of
nd
Northland Business Center 2Addition.
BACKGROUND INFORMATION: CLC Partners, LLC and the City of St. Joseph agreed to terms in
the Parkway Business Center (industrial park expansion) developer agreement (DA) in August 2019. The
terms of the DA specified assessments would be assessed for project and bond costs less the BDPI state
grant and $40,000 EDA grant. The assessments would be levied over ten years at aninterest rate equal to
the average coupon rate of the project bonds. CLC Partners, LLC waived their rights to appeal the
assessments under Minnesota Statute §429. The amended final assessment roll corrected the terms and
assessment amount per square foot.
nd
City Resolution 2021-055 approved the final plat for Northland Business Center 2Addition. The final
nd
plat replatted the southeast corner of the Northland Business Center. The 2addition was silent on
reallocating the assessments levied on the original plat. With the lot lines adjusting, staff recommends
amending the assessments to follow the new lots. Note, only the principal amounts are listed. The
amended parcels follow below.
Original PIDOriginal Lot Description Replatted PID Replatted Lot DescriptionAssessment
nd
84.53735.0227Lot 6, Block 3 84.53735.0235 Lot 1, Block 1 2Add$103,145.14
nd
84.53735.0226Lot 5, Block 3 84.53735.0236 Lot 2, Block 1 2Add$450,483.24
Staff met with CLC Partners, LLC to discuss the assessment based on the replat. All agree this is the
fairest way to reallocate. Since CLC Partners, LLC waived their right to appeal under the Minnesota
Statute §429, a simple resolution is all that is needed to amend the assessment roll.
BUDGET/FISCAL IMPACT:No Change
ATTACHMENTS: Resolution 2021-059Adopting Amended Final Assessment Roll
nd
Resolution 2021-055 Approving Final Plat Northland Business Center 2
Addition
Resolution 2022-003 Adopting Amended Final Assessment Roll
REQUESTED COUNCIL ACTION: Consider adoption of Resolution 2022-003adopting the
amended final assessment roll for the 2019 industrial park improvements(Northland Business Center).
RESOLUTION 2022-003
Adopting Amended Final Assessment Roll
2019Industrial Park Improvement
WHEREAS,on July 25, 2019 the City of St. Joseph entered into a Development Agreement with CLC
Partners, LLC to develop shovel ready industrial lots in a plat entitled Northland Business Center; and
WHEREAS, the Development Agreement identifies the terms and conditions of the development,
including the financing and reimbursing for all city costs; and
WHEREAS,section 4.4 the agreement states: The City will levy special assessments against the Property
or development pursuant to the provisions of Minnesota Statutes Chapter 429.
I.The Developer and Owners hereby waive their rights to the AssessmentHearing normally
held in accordance with said Chapter 429. TheDeveloper and Owners hereby waive their
right to appealsaid specialassessment to the District Courtpursuant to Minnesota Statutes
§ 429.081.
II.The Developer agrees to pay for all costs of the improvements throughspecial assessments
levied against the property.
III.The City will assess the property on a per acre basis for all costs notcovered through the
grant proceeds
WHEREAS, the adopted Resolution 2020-002 adopting the final assessment roll for the 2019 industrial
park improvements and further certified the assessments to the county auditorin the amount of $2,415,000
to be collected over a 10-year period; and
WHEREAS, the adopted Resolution 2021-034 adopting the amended final assessment roll for the 2019
levied industrial park improvements to be collected by the City of St. Joseph in the amount of $2,415,000
to be collected over a 10-year period.
WHEREAS,the adopted Resolution 2021-059 adopting the amended final assessment roll for the 2019
industrial park improvements further clarified the following items:
1.Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed improvement in the
amount ofthe assessment levied against it.
2.Such assessmentshall be payable in equal annual installments extending over a period of 10
years, the first of the installments to be payable on or before the first Monday in January 2021,
and shall bear an interest rate of 1.8226475% average bond rate of the debt issued. To the first
installment shall be added interest on the entire assessment amount from the date of this
resolution until December 31, 2019. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
3.The owner of any property so assessed may, at any time pay to the city treasurer the entire or
partial amount of the assessment remaining unpaid, with interest accrued to December 31 of the
year in which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the succeeding year.
4.The owner is responsible for the corrected levied assessment amount of $2,300,000.
WHEREAS, the council adopted Resolution 2021-055 approving the final plat and development agreement
ndnd
for the Northland Business Center 2 Addition. Northland Business Center 2 Addition replatted Lot 5
and 6 & Outlot G of Block 3 of Northland Business Center. The assessments attached to Lot 5 and 6 of
Block 3 were not reallocated with the replat.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
1. Such proposed assessment, as amended, remains at $1.034 per square foot. The interest rate
is accruing at 1.8236984% beginning January 1, 2021 and becomes due and payable upon
sale of the property. Per the Northland Business Center development agreement, CLC
Partners, LLC agrees to pay the annual bond payments if assessments collected do not cover
the payments over ten years.
2. The assessments originally platted as Lot 5 and 6 of Block 3, parcel numbers 84.53735.0226
and 84.53735.0227, respectively, were reallocated based on the final plat of Northland
nd
Business Center 2 Addition, parcel numbers 84.53735.0235 and 84.53735.0236.
nd
3. The assessment principal amounts applied to the Northland Business Center 2 Addition are
as follows below.
a. 84.53735.0235 $103,145.14
b. 84.53735.0236 $450,483.24
4. The owner is responsible for the collection of total levied assessment amount of $2,300,000.
th
ADOPTED by the City Council this 7 day of February, 2022.
CITY OF ST. JOSEPH
Rick Schultz, Mayor
ATTEST
Therese Haffner, Administrator
CouncilAgenda Item 4e
th
MEETING DATE:February 7, 2022
AGENDA ITEM:Antenna Lease Amendment
SUBMITTED BY:Community Development
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION:
th
The Council approved previous amendmentsSeptember 20, 2021andin 2008 and 2013.
BACKGROUND INFORMATION:
Verizon wireless is proposing a tweak to their existing lease agreementas it pertains to the cell equipment
on the water towerat 15 Elm Street East. Council approved the last amendment in September2021. The
tweak is highlighted in Section 3 of the attached amendment.
The proposed changeadds:
specific lengths tothe lease
automatic renewal language
an annual 3% rentincrease payable to the cityeach year.
No other components of the lease are proposed to change.
Items like damage and repairs needed to the water tower caused by equipment, camouflaging the
equipment, placement requirements, required maintenance and other concernsare all still addressed as
part of the original lease.
Legal has reviewed the proposed amendmentand is ok with the language proposed.The terms and rent
percentage arein align with industry standards.
BUDGET/FISCAL IMPACT:
Verizon will be paying the city an additional rent of $150 per monthdue to the increase of three antennas.
st
Rent will also increase 3% annually on February 1of each year.
Review fees from legal and engineering arecovered by required escrow and pass through fees.
ATTACHMENTS:
1.Proposed lease amendment
2.Memorandum of understanding
REQUESTED COUNCILACTION:
Consent approves amended leaseand memorandum of understanding. If item is pulled from consent staff
requests a motion on the amended lease contractand memorandum of understanding.
LesseeSite Name: Stcc St. Joseph Scl016
LesseeLocation #: 162229
THIRDAMENDMENT TOCOMMUNICATIONS SITE LEASE AGREEMENT
(TOWER)
THIS THIRDAMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT
(TOWER)(the “ThirdAmendment”) is made and shall be effective, as of the last date of the
signatures below (“Effective Date”), betweenthe City of St. Joseph, (“Lessor”)andCellco
Partnershipd/b/a Verizon Wireless (“Lessee”).Lessorand Lessee(or their predecessors in
interest) entered into that certain Communications Site Lease Agreement (Tower)dated February
2, 1999, as may have been previously amended and/or assigned(the “Lease”), pursuant to which
Lesseeis leasing from Lessora portion of that certain property located at3563 County Road 136,
in the City of Saint Joseph, County of Stearns, State of Minnesota, as more particularly described
in the Lease. Lessorand Lesseemay be referenced in this ThirdAmendment individually as a
“Party” or collectively as the “Parties.”
In consideration of the mutual covenants and promises contained in this Third
Amendment, and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged by the Parties, the Parties agree to amend the Lease as follows:
1.Lesseeshall be allowed to make the equipment additions or removals necessary to
configure Lessee’s equipment as shown on Attachment A, attached hereto. For all
purposes under the Leaseas amended hereby, the descriptions and specifications of
Lessee’s equipment set forth in the Lease, including, without limitation, any
equipment descriptions and specifications with respect to Lessee’s equipment set
forth in any schedules, exhibits or attachments to the Lease, are hereby deletedand
replaced with the specifications of Lessee’s equipment described in Attachment A,
attached hereto.
2.Effective upon the first dayof the month following the date Lessee commences
installation of the equipment modifications contemplated under this Third
Amendment, monthly rent for the current lease year shall be increased by $150.00
and shall continue to be paid in accordance with the terms and conditions of the
Agreement. The monthly rent shall continue to increase by three percent (3%) each
year on February 1st.
3.The term of theLease shall be extended for one (1) additional five (5) year
extension term commencing on February 1, 2024, and expiring on January 31, 2029
(“Extension Term”). The monthly rent shall increase by three percent (3%)on
st
February 1, 2024, and each February 1thereafter. Upon expiration of the
Extension Term, the term of the Lease shall automatically be extended on the same
terms and conditions, including the 3% annualescalator,for four (4) additional five
(5) year terms unless LESSEE terminates it at the end of the then current term by
giving LESSOR written notice of the intent to terminate at least six (6)months prior
to the end of the then current term.
4.Unless otherwise provided herein, all defined terms shall have the same meaning as
ascribed to such terms in the Lease.
1
LesseeSite Name: Stcc St. Joseph Scl016
LesseeLocation #: 162229
5.In the event of any conflict or inconsistency between the terms of this Third
Amendmentand the Lease, the terms of this ThirdAmendmentshall govern and
control.
6.Except as otherwise provided for in this ThirdAmendment, the Leaseshall remain
in full force and effect in accordance with the original terms of the Lease.
IN WITNESS WHEREOF, thisThirdAmendmentis effective and entered into as
of the date last written below:
LESSOR:
City of St. Joseph,
a Minnesota Municipal Corporation
By:_______________________
Name:_____________________
Title:Mayor
By:_______________________
Name:_____________________
Title:City Administrator
Date:______________________
LESSEE:
Cellco Partnership
d/b/a Verizon Wireless
By:________________________
Name: ________________________
Title: ________________________
Date:________________________
2
LesseeSite Name: Stcc St. Joseph Scl016
LesseeLocation #: 162229
ATTACHMENT A
SPECIFICATIONS
\[See attached\]
3
DRAFTED BY
AND RETURN TO:
Moss & Barnett (AAD)
150 South Fifth Street
Suite 1200
Minneapolis, Minnesota 55402
(Site Name:STC St Joseph)
(Prepared by Donna M. Reinarz,Telephone No. (612) 877-5336)
Legal Description on Page 4
______________________________________________________________________________
(Space above this line for Recorder's use.)
MEMORANDUM OF THIRD AMENDMENT TO COMMUNICATIONS SITELEASE
AGREEMENT(TOWER)
THIS MEMORANDUM OF THIRD AMENDMENT TO COMMUNICATIONS SITE
LEASE AGREEMENT(TOWER)(“Memorandum”) dated ________________, 2022, isentered
into by and between the City of St. Joseph, aMinnesota municipal corporation, with a mailing
address of 75 Callaway Street East, St. Joseph, Minnesota 56374 (“LESSOR”), and Cellco
Partnershipd/b/aVerizon Wireless, with its address for notice locatedat 180 Washington Valley
Road, Bedminster, New Jersey 07921 (“LESSEE”).
LESSOR and LESSEE, or their predecessors in interest, originally entered into a
Communications SiteLease Agreement(Tower)dated February 2, 1999, as evidenced by a
Memorandum of Communications Site Lease Agreement (Tower) and Amendment No. 1 to
Communications Site Lease Agreement (Tower)recorded on June 12, 2009as DocumentNo.
1289715in the official records of the County Recorder of StearnsCounty, Minnesota, for certain
real property located at 3563 County Road 136, inthe City of St.Joseph, County of Stearns,
State of Minnesota, within the property of LESSOR and being further described on Exhibit “A”
attached hereto and madeapart hereof.
This Memorandum evidences that LESSORand LESSEEentered into aTHIRD
AMENDMENT TO COMMUNICTAIONS SITE LEASE AGREEMENT(TOWER) dated
__________________, 2022(“the Amendment”). The Amendment provides thatthe term of the
STC St Joseph
Memorandum of Third Amendment
to Communications Site Lease Agreement(Tower)
7614571v1
1
Lease shall be extended for one (1) additional five (5) year extension term commencing on
February 1, 2024, and expiring on January 31, 2029 (“Extension Term”). Upon expiration of the
Extension Term, the term of the Lease shall automatically be extended on the same terms and
conditions,for four (4) additional five (5) year terms unless LESSEE terminates it at the end of the
then current term by giving LESSOR written notice of the intent to terminate at least six (6)
months prior to the end of the then current term.
IN WITNESS WHEREOF, LESSOR and LESSEE have duly executed this
Memorandum as of the day and year written below.
LESSOR:LESSEE:
City of St. Joseph,Cellco Partnership
a Minnesota municipal corporationd/b/a Verizon Wireless
By: _________________________________
By:
Name: _______________________________
Its: __________________________________
Name:
Its:Mayor
Date:________________________________
Date: ________________________________
By:
Name:
Its:City Administrator
Date: ________________________________
Acknowledgments on following page
Remainder of page intentionally left blank
STC St Joseph
Memorandum of Third Amendment
to Communications Site Lease Agreement(Tower)
7614571v1
2
LESSOR ACKNOWLEDGMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF ____________)
This instrumentwas acknowledged before me on _______________, 2022, by
_________________________, the Mayor, and _________________________, the City
Administratorof the City of St. Joseph, a Minnesota municipalcorporation,on behalf of the
corporation.
Signature of Person Taking Acknowledgment
(Seal, ifany)
Title or rank
Serial Number, if any
LESSEE ACKNOWLEDGMENT
STATE OF _________________)
) ss.
COUNTY OF_________________)
On this ______ day of _________________, 2022, before me, the undersigned, a Notary
Public in and for the State of _________________, duly commissioned and sworn, personally
appeared _________________, to me known to be the _________________ of Cellco
Partnershipd/b/a Verizon Wireless, that executed the foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of Cellco Partnershipd/b/a Verizon
Wireless, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day andyear first above written.
Print or Type Name:
Notary Public inand for the State of
My appointment expires:
STC St Joseph
Memorandum of Third Amendment
to Communications Site Lease Agreement(Tower)
7614571v1
3
Exhibit “A”
Legal Description
Lots seven (7), Eight (8), Nine (9) and Ten (10), in Block Twenty-five (25), to PETER LOSO’S
ADDITION TO ST. JOSEPH, according to the recorded plat and survey thereof, Stearns County,
Minnesota; together with that part of North Street located adjacent to saidabove legally
described lots as dedicated in the recorded plat of PETER LOSO’S ADDITION TO ST.
JOSEPH; and
That partof Lot 1, Block 1, NORTH PARK THIRD ADDITION, and North Street, as dedicated
in PETER LOSO’S ADDITION TO ST. JOSEPH, according to the recorded plats thereof and
situate in Stearns County, Minnesota described as follows:
Commencing at the northeast cornerof the Northwest Quarter of Section 10, Township124
North, Range 29 West of the Fifth Principal Meridian, said Stearns County; thence South 89
degrees 21 minutes 36seconds West, bearings based on Stearns County Coordinate Grid,along
the north line of said Northwest Quarter a distance of 1,020.49 feet; thence South 27 degrees 00
minutes21 seconds West a distance of 1,479.84 feet to thepoint of beginning of the lease area to
be described; thence South 62 degrees 59 minutes 39 seconds East a distance of 36.00 feet;
thence South 27 degrees 00 minutes 21seconds West a distance of 18.00 feet; thence North 62
degrees 59 minutes 39 seconds Westa distance of 36.00 feet; thence North 27 degrees 00
minutes 21 seconds East a distance of18.00 feet to said point of beginning.
STC St Joseph
Memorandum of Third Amendment
to Communications Site Lease Agreement(Tower)
7614571v1
4
CouncilAgenda Item 4f
MEETING DATE:February 7, 2022
AGENDA ITEM:Wet Well PumpDisposal
SUBMITTED BY:Public Works
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: Approve the disposal of wet well
pump from well 7.
PREVIOUS COUNCILACTION:None
BACKGROUND INFORMATION:The City has recently rehabbed well 7 and I would like to dispose
of the old pump. I will attempt to sell it for any amount offered before it would go for scrape steel.
BUDGET/FISCAL IMPACT:$100.00
ATTACHMENTS:None
REQUESTED COUNCILACTION: Approve disposal of pump.
Council Agenda Item 4g
MEETING DATE: February 7, 2022
AGENDA ITEM: American Rescue Plan Act (ARPA) Reporting
SUBMITTED BY: Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: Council accepted the ARPA federal grant. Council approved server
upgrade with ARPA grant funds on Nov. 1, 2021.
BACKGROUND INFORMATION: The federal government passed ARPA establishing Coronavirus
Relief Fund to statesand local governments. The City of St. Joseph is considered a Non-Entitled Unit
(NEU) for receiving funding due to population under 50,000. The State of MN determined the allocation
formula for NEU’s. NEU’s received half their funding in 2021, the second half twelve months later. For
St. Joseph, we received $401,666.86 in 2022 and expect the second half in July 2022 for a total of
$803,334.
The US Treasury issued their Final Rule for the eligible uses of the ARPA funds. There are four main
categories for funding.
1.To respond to the COVID-19 public health emergency or its negative economic impacts.
2.To respond to workers performing essential work during the COVID-19 public health
emergency by providing premium pay to such eligible workers of the recipient, or by
providing grants to eligible employers that have eligible workers who performed essential
work.
3.For the provision of government services, to the extent of the reduction in revenue of
such recipient due to the COVID-19 public health emergency, relative to revenues
collected in the most recent full fiscal year of the recipient prior to the emergency.
4.To make necessary investments in water, sewer, or broadband infrastructure.
The categories are fairly broad.The USTreasury published FAQs for specific spending guidance. For
more information, please visitthe US Treasury website athttps://home.treasury.gov/policy-
issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-
fund/non-entitlement-units.
Part of the Final Rule clarified #3 above for the loss of revenue. The Final Rule allows communities to
use a blanket assumption of up to $10M revenue loss. The projects funded by ARPA grant dollars can be
used on any governmental function less replacement of lost taxes or supplementing pension funds.
LMC recommended council consider passing a resolution if opting the blanket $10M revenue loss if the
desire is to use this provision. Staff recommends for ease of reporting requirements.
BUDGET/FISCAL IMPACT: no additional funds, just how reporting the use of the grant $
ATTACHMENTS: Resolution 2022-00
REQUESTED COUNCIL ACTION: Consider adopting Resolution 2022-00 electing the standard
allowance available underthe revenue loss provision of the ARPA grant.
RESOLUTION 2022-004
A RESOLUTION TO ELECT THE STANDARD ALLOWANCE
AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT
WHEREAS, Congress adopted the American Rescue Plan Act in March 2021 (“ARPA”)which
included $65 billion in recovery funds for cities across the country.
WHEREAS, ARPA funds are intended to provide support to state, local, and tribal governments
in responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their
communities, residents, and businesses.
WHEREAS, The Fiscal Recovery Funds provides for $19.53 billion in payments to be made to
States and territories which will distribute the funds to non-entitlement units of local government
(NEUs).
WHEREAS, The ARPA requires that States and territories allocate funding to NEUs in an
amount that bears the same proportion as the population of the NEU bears to the total population
of all NEUs in the State or territory.
WHEREAS, $803,334 has been allocated to the City of St. Joseph (“City”) pursuant to the
ARPA.
WHEREAS, The Coronavirus State and Local Fiscal Recovery Funds ensures that governments
have the resources needed to fight the pandemic and support families and businesses struggling
with its public health and economic impacts, maintain vital public services, even amid declines
in revenue, and build a strong, resilient, and equitable recovery by making investments that
support long-term growth and opportunity.
WHEREAS, In May 2021, the US Department of Treasury (“Treasury”) published the Interim
Final Rule describing eligible and ineligible uses of funds as well as other program provisions,
sought feedback from the public on these program rules, and began to distribute funds.
WHEREAS, on January 6, 2022, Treasury issued the final rule. The final rule delivers broader
flexibility and greater simplicity in the program, responsive to feedback in the comment process.
WHEREAS, the final rule offers a standard allowance for revenue loss of up to $10 million,
allowing recipients to select between a standard amountof revenue loss or complete a full
revenue loss calculation.
WHEREAS, recipients that select the standard allowance may use that amount, in many cases
their full award, for government services, with streamlined reporting requirements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, THE CITY ELECTS THE STANDARD ALLOWANCE
AVAILABLE UNDER THE REVENUE LOSS PROVISION OF THE AMERICAN
RESCUE PLAN ACE IN THE AMOUNT OF $803,334 TO BE USED FOR THE
GENERAL PROVISION OF GOVERNMENT SERVICES.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
th
this 7 day of February, 2022.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Therese Haffner, City Administrator
Council Agenda Item4h
MEETING DATE:February 7, 2022
AGENDA ITEM:Agreement for Professional Services
SUBMITTED BY:Engineering/Administration
PREVIOUS COUNCIL ACTION:Executed agreement for preparation of project feasibility report;
Executed agreement for design phase services; Conducted Public ImprovementHearing.
BACKGROUND INFORMATION:The attached agreement provides for construction administration,
staking, construction observation, and preparation of record drawings/mapping system updates associated
with the construction phase of the proposed infrastructure improvements and second phase of engineering
services.
BUDGET/FISCAL IMPACT:$269,300
ATTACHMENTS:SEH Supplemental Letter Agreement
REQUESTED COUNCIL ACTION: Execute the Supplemental Letter Agreement for construction
phase engineering services.
February 7, 2022RE:St. Joseph, Minnesota
2022Street Improvements
Final Design PhaseServices
SEH No. STJOE P-163937 1
Honorable Mayor and City Council
c/o Mrs. Therese Haffner, City Administrator
City of St. Joseph
75 Callaway Street E
PO Box 668
St. Joseph, MN 56374-0668
Dear Mayor and Members of the Council:
This letter supplements the Agreement for Professional Services between City of St. Joseph, Minnesota,
Owner, and Short Elliott Hendrickson Inc.(SEH) dated July 1, 2006and addresses providing final design
phase services in connection with street resurfacing improvements in the Graceview Estates
th
neighborhood (parts of 4Ave SE,Graceview Dr, Graceview Lp, and Faith Ln), in the Graceview Estates
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2 neighborhood (Ellie Ct cul-de-sac), in the Whispering Pines neighborhood (17Ave SE, part of Baker St
ththrdth
E), in the Liberty Pointe Neighborhood (17Ave SE, 18AveSE), in the Loso’s 3and 6Addition
stth
neighborhoods(1Ave NW), and at the intersection between304Stand Ridgewood Rd, north of the
railroad tracks,hereinafter called the “Project”.
Our services will consist of:
Prepare construction drawings (plans) and specifications for the Project based on the approved
Feasibility Reportdated December20, 2021(amended to remove Callaway St E), and with the
additional City Council direction to review potential drainage improvements on the east side of
th
Ave, just north of Baker St.
17
Furnish updated opinion of probable construction cost for the Project based on the completed
drawings and specifications.
Provide assistance with preparing and submitting regulatory agency permit applications.
o Anticipated permits: Stearns County Right of Way.
Assist the Owner in preparing final special assessment roll and conducting special assessment
public hearing.Assistance does not include providing legal counsel or appraisal services related
to measuring special market value benefits associated with the Project.
Prepare proposal form and notice to bidders.
Assist the Owner in obtaining and evaluating bids and awarding a contract for construction of the
Project.
o Prepare proposal form and notice to bidders.
o Answer pre-bid questions from bidders.
o Attend bid opening at City of St. Joseph.
o Review and tabulate bids received by the Owner.
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
Mrs. Therese Haffner
February 7, 2022
Page 2
All as set forth in this letter and the Agreement for Professional Services between SEH and City of St.
Joseph, Minnesota dated July 1, 2006. We will also furnish such Additional Services as you may request
or as required.
Additional Services:
The following services from SEH are not included in this proposal but, if required, can be provided to the
City of St. Joseph:
Preparation of environmental documents (mitigation permits).
Attendance at regulatory agency review meetings.
Reproduction of deliverables in addition to the scope identified above.
Right of way acquisition/platting services.
Construction Phase Services.
You will pay us a fee for our services, currently estimated to be $50,250, in accordance with Exhibit C-2,
Lump Sum Basis Option.
Payment for additional services shall be based on the time required to perform the services and the
billable rates for the principals and employees engaged directly on the Project, plus charges for expenses
and equipment, all in accordance with Exhibit C-1.
We will start our services promptly after receipt of your authorization. We estimate our services will be
completed after 5months. If there are delays in the Project that are beyond our control, you agree to
grant additional time to complete the services.
Your budgetary limitations for construction of the Project should be provided to us in writing at an early
date. We will endeavor to work within those limitations. We do not guarantee that our opinions of probable
construction cost will not differ materially from negotiated prices or bids. If you wish greater assurance as
to probable construction cost or if you wish formal estimates, an independent cost estimator should be
employed as provided in Section IV.A. of the Agreement and in Exhibit B.
This letter and the Agreement for Professional Services and Exhibits A, B,C-1,C-2 and Ddated July 1,
2006, represent the entire understanding between you and us in respect of the Project and mayonly be
modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement,
please sign this letter in the space provided below and return one copy to us.
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Randy Sabart, PE
Principal
mb
\\\\sehinc.com\\panzura\\pzprojects\\pt\\s\\stjoe\\164501\\1-genl\\10-setup-cont\\03-proposal\\design_constr\\2022.02.07 l city supplemental ltr agreement design.docx
ACCEPTED BY: CITY OF ST. JOSEPH, MINNESOTA
By: Date:
Authorized Client Signature
Council Agenda Item
MEETING DATE: February 7, 2022
AGENDA ITEM:Public Hearing - Delinquent Accounts Proposed Assessment
SUBMITTED BY:Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:N/A
PREVIOUS COUNCIL ACTION:None
BACKGROUND INFORMATION: The attached listing includes unpaid final accounts.
A 14-day notice of the pending assessment has been given to the affected property owners. The public
hearing notice was also placed in the St.Cloud Times. Other collection measures have been taken prior
to collection under MN § 429.101.
The property owners will be given until April 8, 2022at 10:00am to pay their delinquent invoices prior to
sending the assessment to Stearns County for collection. For accounts paid prior to April 8, 2022, the $50
assessment fee will be waived.
BUDGET/FISCAL IMPACT: up to $475.30 in various utility funds
ATTACHMENTS: Resolution 2022-006 Adopting Assessment Outstanding Invoices
Delinquent Account Listings
Public Hearing Notice
REQUESTED COUNCIL ACTION: Hold public hearing and consider adoption of Resolution 2022-
006 certifyingthe delinquent accounts as presented with a one installment payment in 2023, 0% interest
charge.
Resolution 2022-006
Resolution Adopting Assessment
Outstanding Invoices
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the proposed assessment for the outstanding fees relating utilityservices.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment for all items shall be payable in equal annual installments extending over a period of 1
year,0% interest rate, withthe first of the installments to be payable on or beforethe first Monday in
January 2023.
3.The owner of any property so assessed may, at any time prior to certification of theassessment
to the county auditor, pay the whole of the assessment on such property.
5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
th
Adopted by the council this 7day of February,2022.
Rick Schultz, Mayor
ATTEST
Therese Haffner, Administrator
Final UB Accounts Past Due
Balance Due as of 2/3/22
PIDAccountServAddrBalanceAssessFeeTotal
84.53470.03060000000561004235CEDARSTE,#10425.80
50.0075.80
84.53945.00080000000732000401HILLSTW80.43
50.00130.43
50.00269.07
84.53488.00000000000668008505EASTERNCOURT219.07
ƚƷğƌ 325.30150.00$475.30
Council Agenda Item6
MEETING DATE: February 7, 2022
AGENDA ITEM:CVB Appointments
SUBMITTED BY:Administration
th
PREVIOUS COUNCIL ACTION: At the January 18 meeting, the council voted to approve the 2022
Appointments with the exception of the CVB appointments. There was discussion on the removal of the
Community Development Director as an appointed member and it was determined to wait on approval in
order to gather additional information.
BACKGROUND INFORMATION: The establishing resolution for the CVB established an advisory
board consisting of up to 10 members. The Chair of the EDA is listed as a member in the resolution. Staff
recommends keeping the appointments as initially presented. Staff liaisons do not need to be appointed in
order to attend board/commission meetings.
CVB Appointments - 2022
Council non-voting liaisonKelly Beniek
2020-2022Tracy Smith
2020-2022Mary Bruno
2020-2022Peter Gilitzer
2021-2023Aaron Rieland
2021-2023Kim Poganski
2021-2023Pia Lopez
2022-2024Ann Riesner
2022-2024Leslie Lane
EDA Chair
Mayor Schultz
Also included in the packet is a draft CVB Ordinance. The Ordinance will provide structure and guidance
to the CVB. The ordinance is discussion only at this point as it will go before the CVB and EDA for
discussion and recommendation.
ATTACHMENTS:Draft CVB Ordinance
CVB Establishing Resolution
REQUESTED COUNCIL ACTION: Approve the 2022 CVB Appointments as presented. Discuss
draft CVB Ordinance.
ORDINANCE CONVENTION & VISITOR’S BUREAU ADVISORY BOARD
Section : ESTABLISHED. The Convention& Visitor’s Bureau Advisory Board (Board)
presently in existence is hereby continued for the City. To avoid using an operating name similar
to other area CVB’s, the Board may refer to the St. JosephConvention & Visitor’s Bureau in all
marketing and promotions as JOETOWN
Section : MEMBERSHIP.The Convention & Visitor’s Bureau Advisory Board shall
consist of up to ten (10) members, or a minimum of seven (7) members representing the St.
Joseph Community and/or other entities with a direct interest in promoting the City as a tourist
and convention center.
Section: TERMSANDVACANCIES
A. Terms. Terms shall be three (3) year overlapping terms. Appointees shall hold their offices
until their successors are appointed and qualified. As each member's term expires, his/her
successor shall be appointed for a term of three (3) years. Each member shall serve not more than
three (3) consecutive full terms.
B. Vacancies. Vacancies during the term shall be filled by the St. Joseph Economic Development
Authority (EDA)for the unexpired portion of the term.
Section: OFFICERS
A. Chairperson. The Board shall elect a chairperson from among its appointed members for a
term of one year.
B. Vice Chair. The Board shall elect a vice chairperson from its own membership.
C. Additional Officers. The Board may create and fill such other offices as it may determine.
Section: MEETINGS
A. Frequency of Meetings. The Boardshall hold meetings as necessitated.
B. Rules of Order and Procedure. The Board shall adopt rules of order and procedure for the
transaction of business, and its findings, which record shall be public record.
Section: PURPOSE
The Board was established for the purposesof making recommendations to the City Council on
the expenditure of lodging tax funds received in accordance with Minnesota Statutes. The Board
will offer recommendations to the Council on the expenditure of lodging tax funds for the
purpose of marketing and promoting the City as a tourist and convention center in accordance
with Minnesota Statutes.
Council Agenda Item7
MEETING DATE:February 7, 2022
AGENDA ITEM:Ordinance Amendments
SUBMITTED BY:Administration
BACKGROUND INFORMATION:
a)Ordinance 104 Administrative Penalties and Fees. The purpose of this ordinance is to provide the
city with alternative ways to enforce ordinances. Administrative citations are usedfor property
violations, parking violations, and non-property violations. The changes to the ordinance provide
further clarity for the different violation types, the appeal/hearing process, and the assessment
process on property violations.
b)Ordinance 613 Therapeutic Massage Establishments and Massage Therapists. The establishment
of this ordinance is to require a massage establishment to obtain a license from the City to protect
the health and safety of the community by ensuring massage therapists have standardized
training, and meet health and sanitation standards. The ordinance establishes an application
process that includes a background check on each establishment and therapist and requires the
licenses to be renewed annually.
As part of the application process, annual inspections are required. Staff has met with the City of
St. Cloud and are proposing to enter into a Joint Powers Agreement for these services.
c)Ordinance 1004 Licensing and Regulation of Animals. Back in December, the City Council
approved eliminating the licensing of dogs in the city. The current ordinance is outdated and the
licensing portion needed to be removed. Theproposed ordinance addresses potentially dangerous
and dangerous dog situations, multiple animal permits, and provides an exclusion for those living
in an Agricultural or Rural Residential Zoning District.
With these changes, the City’s fees schedule will need to be amended. A public hearing is required for
nd
those changes and staff is proposing for that hearing to take place on February 22.
ATTACHMENTS:Ordinance 2022-001Repealing & Replacing Ordinance 104
Current Ordinance 104
Ordinance 2022-002Establishing Ord. 613
Joint Powers Agreement for Massage License Inspection Services
Ordinance 2022-003Repealing & Replacing Ordinance 1004
Current Ordinance 1004
Resolution 2022-005
REQUESTED COUNCIL ACTION:
1.Adopt Ordinance 2022-001 Repealing and Replacing in its Entirety Ordinance 104
Administrative Penalties and Fees.
2.Adopt Ordinance 2022-002 Establishing Ordinance 613 Therapeutic Massage Establishments and
Massage Therapistsand approve the Joint Powers agreement for Massage License Services
between the City of St. Joseph and the City of St. Cloud.
3.Adopt Ordinance 2022-003 Repealing and Replacing in its Entirety Ordinance 1004 Licensing
and Regulation of Animals.
4.Approve Resolution 2022-005 Directing Summary Publication
ORDINANCE 2022-001
AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY, ORDINANCE
104 PENALTIES AND FEES
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH
MINNESOTA:
That Ordinance 104 is hereby repealed in its entirety and replaced with the following:
ORDINANCE104PENALTIES AND FEES
Section 104.01: CRIMINAL PENALTIES:
Subd.1. Any person who violates any provision of this code for which another penalty is
not specifically provided, shall, upon conviction, be guilty of a misdemeanor. The penalty which
may be imposed for any crime which is a misdemeanor under this code, including Minnesota
Statutes specifically adopted by reference, shall be asentence of not more than 90 days or a fine
of not more than $1,000, or both.
Subd. 2. Any person who violates any provision of this code, including Minnesota
Statutes specifically adopted by reference, which is designated to be a petty misdemeanor shall,
upon conviction, be guilty of a petty misdemeanor. The penalty which may be imposed for any
petty offense which is a petty misdemeanor shall be a sentence of a fine of not more than $300.
Subd. 3. No Stated Penalty.Unless penalty is expressly provided in the ordinance, the
violation of any provision of this code or ordinance contained therein, or any rule or regulation
adopted in pursuance thereof, or any provision of any code adopted in this code by reference,
shall be deemed a misdemeanor and subject to the penalties for a misdemeanor as provided
herein.
Section 104.02: PERMIT AND APPLICATION FEES. Permit, application, connection,
inspection and other types of fees or charges as may be assessed by the City with regard to
licensing and services. Such feesshall be accumulated and listed in the City Fee Schedule,and is
subject to change and amendment by the City Council as provided by in the Ordinance
establishing the charge.
Section 104.03: ADMINISTRATIVE PENALTIES.
Subd. 1: Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Code. As a result, the City Council finds the use of administrative
citations and imposition of civil penalties as a legitimate and necessary alternative enforcement
method, which will be in addition to any other legal remedy that may be pursued for Code
violations.To protect the health, safety and welfare of the citizens of St. Joseph, itis the City
Council’s intent to create a process for the use and imposition of administrative civil penalties
that will provide the public and the City of St. Joseph with a more effective method for
addressing City Code violations.
Subd. 2: Alternative Methods of Enforcement.A violation of the City Code is a
misdemeanor pursuant to City Code; however, this Section seeks to gain compliance with the
City Code prior to the commencement of any formal civil or criminal court action. The
administrative civil penalty proceedings are in addition to any legal or equitable remedy
available to the City for City Code violations. The City may, in its discretion, choose not to issue
an administrative citation and may initiate criminal charges instead.
Subd. 3: City Code Violations.A violation of the following provisions of the City Code,
or successor ordinances, shall be an administrative offense that may be subject to the
administrative hearing process. Ordinance violations are categorized as property violations,
parking violations, or non-property violations.
a)Property Violations.
1.Building Code
2.Plumbing Code
3.Mechanical Code
4.Electrical Code
5.Public Health and Safety
6.Fire Code
7.Zoning and Subdivision Code
8.Business License and License Regulations
9.Rental Regulations
10.Police Regulations
11.Public Ways and Property
12.Water and Sewer
13.Refuse and Garbage Collection and Disposal
14.Nuisances Affecting Health and Safety
15.Motor Vehicles and Traffic
b)Parking Violations. Parking Violations include any violation in Chapter Five or
Chapter Eightof the City Code of Ordinances. Pursuant to Minnesota Statutes §
169.346, handicap parking violations will be enforced in the same manner as other
parking ordinances and therefore subject to this administrative process.
c)Non-PropertyViolations.Non-Property Violations include all other Code violations
not specificallydesignated as Property or Parking Violations.
Subd. 4: Authority to Issue Orders of Correction and Administrative Citations. The
following City employees and agents are authorized to issue orders of correctionand
administrative citations for violations of the City Code:Licensed PeaceOfficers, or Reserve
Officersof the St. Joseph Police Department; Community Development Department employees,
including but not limited to the Community Development Director, City Planner, Building
Official, Building Inspector, and Fire Marshal/Fire Chief; City Administrator; Public Works
Director; any designee of the above listed employees and agents.
a)Property Violation. Upon reasonable belief that a property related administrative
offense detailed in Subd. 4 of this Section has occurred, the City officials listed in this
subdivision shall serve on the violator an order to correct the violation in person or by
mail. If compliance is not achieved by virtue of an order to correct,the official is
authorized to issue an administrative citation in person or by mail. An administrative
citation shall state the date, time and nature of the offense, the name of the official
issuing the citation, the amount of the scheduled civil fine, and the manner for paying
the fine or appealing the citation by requesting a hearing.
b)Parking Violation. When a parking violation has occurred, a parking ticket will be
issued without requiring an order of correction. The issuing authority will attach to a
vehicle a ticket notifying the owner that the vehicle is in violation of the City Code
and directing the owner or operator to make payment.
c)Non-Property Violation. When a non-property violation has occurred, the City
officials listed in this subdivision shall serve on the violator an order of correction in
person or by mail. If compliance is not achieved by virtue of an order to correct, the
official is authorized to issue an administrative citation in person or by mail. An
administrative citation shall state the date, time and nature of the offense, the name of
the official issuing the citation, the amount of the scheduled civil fine, and the manner
for paying the fine or appealing the citation by requesting a hearing.
d)Exceptions to Issuance of Notice ofViolation.For violations of any of the following
sections, the City shall not be required to issue an order of correction and may
proceed directly to issuance of an administrative citation.
1)License Violation. For any license violations, including not having a
license.
2)Traffic or Parking Violations. For traffic, load limit or parking violations
issued under Chapters 5 and 8 of the City Code.
3)Animal Violations. For any violation of Ordinance 1004, running at large
or dangerous dogs
4)Noise Violations.
5)FirePit Violations
6)Offenses committed within publicly owned property.
Subd. 5. Civil Fines. The administrative offenses detailed in this sectionmay be subject
to a civil fine. The amount of the civilfine may not exceed the amount of the maximum fine
allowed if the ordinance violation had been prosecuted as a misdemeanor. Civil fines may not be
imposed for ordinance violations that prohibit the same conduct that is classified as a crime of
petty misdemeanor in Minnesota Statutes, Chapters 168, 168A, 169, 169A, 171, and 609.
a)Schedule of Civil Fines. The City shall adopt by resolution a schedule of civil fines
for administrative offenses for which a citation has been issued. City employees
authorized to issue administrative citationsshall adhere to this schedule of fines.
b)Paymentof Civil Fine; Request for Administrative Hearing. The person responsible
for the violation shall either pay the scheduled civil fine and illustrate compliance if
correctionwas part of the remedy, or request a hearing within 20days after issuance
of the administrative citation. During that period, only the City Attorney or an
Assistant City Attorney has the authority to dismiss the citation and/or waive the
scheduled civilfine. Upon payment of the fine, the right to appeal is waived.
c)Fee for Late Payment of Civil Fine.A late payment fee,as established by the City
Council,for property and non-property related violations shall be imposed if the
person responsible for the violation fails to pay the civil fine within the required
number of days after issuance of the administrative citation or fails to timely request a
hearing pursuant to this section. A late payment fee, including the timeframe for
which payment must be receivedwill be designated in the City Fee Schedule.
If a civil fine is not paid within the time specified and a timely request for a hearing is
not received, the nonpayment of the civil fine shall constitute a personal obligation of
the violator. A personal obligation may be collected by the City by any appropriate
legal means. Unpaid fines that are referred to collections will be assessed a collection
fee in addition to a late fee. The collection fee shall be established by ordinance in the
City Fee Schedule. If the fine was imposed for a property-related violation, the City
may assess the applicable property pursuant to the guidelines of Minnesota Statute
429.
Subd. 6: Administrative Hearing Procedures.
a)Scheduling the Hearing. After the receipt of the written notice to contest the citation
as provided, the Hearing Officer shall schedule a hearing before an independent
hearing officer, which will be held within 60 days, unless agreed to in writing by the
parties. The City Attorney’s officeshall notify the owner of the date, time and
location of the hearingat least ten days in advance of the scheduled hearing, unless a
shorter time is accepted by all parties. Notice of the hearing shall be served in person
or by mail.
b)Prepayment of Hearing Cost. An administrative hearing fee shall be payable to the
City at the time of the request for hearing. However, in no event will the amount of
the administrative hearing fee exceed the total amount of the civil fine. A request for
hearing is not valid until the administrative hearing fee is paid. The City Attorney’s
office has authority to reduce the requesting person’s share of the costs where that
person can demonstrate the person is indigent by clear and convincing evidence.
Proof of being indigent can be demonstrated by the person’s receipt of means tested
governmental benefits or a demonstrated lack of assets or current income. Such proof
shall be presented to the City Attorney’s office for determination of the amount of the
prepayment in advance of the hearing. In all cases where the person requesting an
administrative hearing is unable to attend and fails to request a continuance of the
hearing at least 48 hours in advance of the hearing, all costs incurred by the City
attributable to the requested hearing shall be charged to the requesting party and
deducted from any prepayment made. The administrative hearing fee may be
refunded if the administrative hearing officer determines that no violation occurred.
In the event that the hearing officer determinesthat a violation occurred, then the
administrative hearing fee will be applied toward any civil fine imposed.
c)Independent Hearing Officer. An independent hearing officer, who may be from the
office of administrative law judges, shall preside over the administrative citation
hearing.
d)Hearing Procedures. At the hearing, the parties shall have the opportunity to present
testimony and question any witnesses, but strict rules of evidence shall apply. The
hearing officer shall tape record the hearing and receive testimony and exhibits and
the full record of the hearing shall be kept. The hearing officer shall receive and give
weight to evidence, including hearsay evidence, which possesses prohibitive value
commonly accepted by reasonable and prudent people inthe conduct of their affairs.
e)Authority of Hearing Officer. The hearing officer shall have the authority to:
1)determine whether a violation occurred;dismiss the administrative citation;
2)impose the schedule fine; or
3)reduce, stay or waive a scheduled fine either unconditionally or upon
compliance with appropriate conditions
4)waive all or part of the administrative hearing application fee.
f)Imposition of Civil Fine by Hearing Officer. When imposing a fine, the hearing
officer may consider any or all of the following factors, but in no case shall the fine
exceed the maximum allowed by MN Statute 609.
1)duration of the violation;
2)frequency or reoccurrence of the violation;
3)seriousness of the violation;
4)history of the violation;
5)violator’s conduct after issuance of the hearing notice;
6)good faith effort by the violator to comply;
7)economic impact of the fine on the violator;
8)impact of the violation upon the community
9)prior record of city code violations; or
10)any other factors appropriate to a just result.
g)Fines for Continuing Violations. The hearing officer may exercise discretionto
impose a fine for more than one day of a continuing violation but only upon a finding
that:
1)the violation caused a serious threat of harm to the public health, safety, or
welfare, or;
2)the accused intentionally and unreasonably refused to comply with the code
requirement. The hearing officer’s decision and supporting reasons for
continuing violations must be in writing.
h)Written Report of Hearing Officer. The decision of the hearing officer shall be in
writing and contain findings of fact and conclusions of law. The written report shall
be served on the parties by mail within 20 days of the last date of the hearing.
i)Finality of decision.The decision of the hearing officer shallbe final without any
further right of administrative appeal.
Subd. 7. Judicial Review. An aggrieved party may obtain judicial review of the decision
of the hearing officer by petitioning the Minnesota Court of Appeals for a writ of certiorari
pursuant to Minnesota Statute Section 606.01
Subd. 8. Assessment of Finefor Property-Related Violations. Unpaid civil fines imposed
for property-related violations may be assessed against:Property which was the subject matter or
related to the subject matter ofthe civil fine; orproperty which was the location of an activity,
proposed use, delivery of city services or other circumstances which resulted in the civil fine.
a)Prior Voluntary Payment. Prior to any assessment for unpaid fines, the City shall seek
voluntary payment of the fines by notifying the owner of the property in writing of
the fine imposed.
b)Assessment Procedure. The unpaid civil fine and late fees, including the certification
fee, together with interest thereon at the maximum lawful rate permitted under
Minnesota Statute, Chapter429, against said lot or parcel of land, together with a
description of the premises and the name of the supposed owner, shall be certified to
the County Auditor’s Office and shall be collected in the same manner as taxes and/or
special assessments against the premises. The charge shall be a perpetual lien on the
premises until paid. Prior to the certification to the County Auditor’s Office, the
owner shall be given a written notice of the proposed assessment and be provided an
opportunity to be heard before the City Council.
c)Certification Fee. A $50.00 charge will be added to all accounts certified to the
County Auditor’s Office for collection. This fee is to be considered separate and
distinct from any penalty or interest that may be charged by the County as a result of
the certification.
This ordinance becomes effective from and after its passage and publication.
th
Passed by the City Council of St. Joseph, Minnesota this 7day of February, 2022.
Rick Schultz, Mayor
ATTEST
Therese Haffner, City Administrator
This amendment was published on , 2022.
CHAPTER I – GENERAL PROVISIONS
ORDINANCE 104 PENALTIES AND FEES ........................................................................ 104-1
Section 104.01: PETTY MISDEMEANORS ................................................................. 104-1
Section 104.02: MISDEMEANORS .............................................................................. 104-1
Section 104.03: NO STATED PENALTY ..................................................................... 104-1
Section 104.04: PERMIT AND APPLICATION FEES ................................................. 104-1
Section 104.05: ADMINISTRATIVE PENALTIES ...................................................... 104-1
Section 104.06: GENERAL REQUIREMENTS FOR CITY APPROVALS………….104-6
104-0
CHAPTER I – GENERAL PROVISIONS
ORDINANCE 104PENALTIES AND FEES
Section 104.01: PETTY MISDEMEANORS. Whenever an act or omission is declared
by this code to be a petty offense or petty misdemeanor, any person violating the provision, upon
conviction, shall be subject to a fine in the amount as established by Minn. Stat. ' 609.02, for
offenses defined therein as petty misdemeanors, as effective on the date on which the offense
occurred.
Section 104.02: MISDEMEANORS. Whenever an act or omission is declared by this
code to be a misdemeanor, any person violating that provision shall, upon conviction, be subject
to a fine and/or imprisonment in amounts not to exceed the penalties for offenses defined as
misdemeanors by Minn. Stat. ' 609.02, as effective on the date on which the offense occurred.
Section 104.03: NO STATED PENALTY. Unless penalty is expressly provided in the
ordinance, the violation of any provision of this code or ordinance contained therein, or any rule
or regulation adopted in pursuance thereof, or any provision of any code adopted in this code by
reference, shall be deemed a misdemeanor and subject to the penalties for a misdemeanor as
provided herein.
Section 104.04: PERMIT AND APPLICATION FEES. Permit, application, connection,
inspection and other types of fees or charges as may be assessed by the City with regard to
licensing and services shall be accumulated and listed in Appendix C to this Code of Ordinance,
subject to change and amendment by the CityCouncil as provided by in the Ordinance
establishing the charge. Appendix C shall be amended by the City Clerk to reflect changes in the
charges or fees approved by the City Council.
Section 104.05: ADMINISTRATIVE PENALTIES.
Subd. 1: Purpose. The City Council determines that there is a need for alternative
methods of enforcing the City Code. While criminal fines and penalties have been the most
frequent mechanism, there are certain negative consequences for the City and the accused. The
delay in the criminal justice system does not ensure prompt resolution, citizens resent being
labeled criminals for violating administrative regulations, the high burden of proof and potential
incarceration are not appropriate for many Code violations, and the criminal process does not
always regard City Code violations as important. As a result, the City Council finds the use of
administrative citations and imposition of civil penalties is a legitimate and necessary alternative
enforcement method, which will be in addition to any other legal remedy that may be pursued for
Code violations.
In order to provide more flexibility in addressing City Code violations on an individual
basisthat will be more effective, the City Council finds that an alternative enforcement process is
104-1
CHAPTER I – GENERAL PROVISIONS
necessary. Therefore, to protect the health, safety and welfare of the citizens of St. Joseph, it is
the City Council’s intent to create a process for the use and imposition of administrative civil
penalties that will provide the public and the City of St. Joseph with a more effective method for
addressing City Code violations.
Subd. 2: Administrative Offense. An administrative offense is a violation of any section
of this Code, except traffic violations, when one performs an act prohibited, or fails to act when
the failure is prohibited, and is subject to the penalties set forth in this Code and the City’s
penalty schedule.
Subd. 3: Alternative Methods of Enforcement. A violation of the City Code is a
misdemeanor pursuant to City Code; however, this Section seeks to gain compliance with the
City Code prior to the commencement of any formal civil or criminal court action. The
administrative Civil Penalty proceedings are in addition to any legal or equitable remedy
available to the City for City Code violations. The City may, in its discretion, choose not to
issue an administrative citation and may initiate criminal charges instead.
Subd. 4: City Code Violations. A violation of the following provisions of the City Code,
or successor ordinances, shall be an administrative offense that may be subject to the
administrative hearing process. Ordinance violations area categorized as property violations,
non-property violations or parking violations.
a. Property violations.
1. Building Code
2. Plumbing Code
3. Mechanical Code
4. Electrical Code
5. Public Health and Safety
6. Fire Code
7. Zoning and Subdivision Code
8. Business License and License Regulations
9. Rental Regulations
10. Police Regulations
11. Public Ways and Property
12. Water and Sewer
13. Refuse and Garbage Collection and Disposal
14. Nuisances Affecting Health and Safety
15. Motor Vehicles and Traffic
b. Parking Violations. Parking Violations include any violation in Chapter Five or
Chapter Eight (8) of the City Code of Ordinances. Pursuant to Minnesota Statutes §
169.346, handicap parking violations will be enforced in the same manner as other
parking ordinances and therefore subject to this administrative process.
c. Non Property Violations. Non-Property Violations include all other Code violations
not specifically designated as Property or Parking Violations.
104-2
CHAPTER I – GENERAL PROVISIONS
Subd. 5: Authority to Issue Compliance Letters and Administrative Citations, Property
Violations. The following City employees and agents are authorized to issue compliance letters
and administrative citations for violations of the City Code:
a. Licensed Peace Officers, or Reserve Officer
b. Building Official
c. Zoning Administrator
d. Fire Marshall/Fire Chief
e. Public Works Director
The compliance letter notice shall state the nature, date, and time of the violation, the name of
the official issuing the notice, the amount of the scheduled initial penalty and any applicable
charges. Such notice shall be served upon the violator by regular mail sent to the last known
legal address or by personal service.
If compliance is not achieved by virtue of an order to correct, the official is authorized to issue
and administrative citation. An administrative citation shall be presented in person or by mail to
the person responsible for the violation. The citation shall state the date, time, and nature of the
manner for paying the fine or appealing the citation by requesting a hearing.
Subd. 6: Authority to Issue Compliance Letters and Administrative Citations, Parking
Violations.Upon reasonable belief that a parking violation has occurred, a parking ticket will be
issued pursuant to Chapter Eight of the City Code.
Subd. 7 Authority to Issue Compliance Letters and Administrative Citations, Non
Property Violations. Upon a reasonable belief that a non-property code violation has occurred,
and administrative citation may be issued by a police officer or by an official designated in Subd.
5 of this Section. Service shall be in person or by mail. The citation shall state the date, time
and nature of the offense, the name of the official issuing the citation, the amount of the
scheduled fine, and the manner for paying the fine or appealing the citation by requesting an
administrative hearing.
Subd. 8. Civil Fines. The administrative offenses detailed in Subd. 4-7 may be subject to
a civil fine. The amount of the civil fine may not exceed the amount of the maximum fine
allowed if the ordinance violation had been prosecuted as a misdemeanor. Civil Fines may not
be imposed for ordinance violations that prohibit the same conduct that is classified as a crime of
petty misdemeanor in Minnesota Statutes, Chapters 168, 168A, 169, 169A, 170, 171, and 609.
Subd. 9. Schedule of Civil Fines. The City shall adopt by resolution a schedule of civil
fines for administrative offenses for which a citation has been issued. City officials shall adhere
to this schedule of fines in issuing administrative citations pursuant to this section.
Subd. 10: Payment of Civil Fine; Request for Administrative Hearing. The person
responsible for the violation shall either pay the scheduled civil fine and illustrate compliance if
correction was part of the remedy, or request a hearing within 20 days after issuance of the
administrative citation. During that period, only the City Attorney or an Assistant City Attorney
104-3
CHAPTER I – GENERAL PROVISIONS
has the authority to dismiss the citation and/or waive the scheduled civil fine. Upon payment of
the fine, the right to appeal is waived.
Subd. 11: Fee for Late Payment of Civil Fine.
A. A late payment fee, as established by the City Council, for property and non-property
related violations shall be imposed if the person responsible for the violation fails to
pay the civil fine within the required number of days after issuance of the
administrative citation or fails to timely request the pre-conference hearing and
hearing pursuant to this Article. A late payment fee, including the timeframe for
which payment must be received will be designated by the City Council in Schedule
A of the City Code.
Amended 12/2017
B.If a civil fine is not paid within the time specified and a timely request for a hearing is
not received, the nonpayment of the civil fine shall constitute a personal obligation of
the violator. A personal obligation may be collected by the City by any appropriate
legal means. Unpaid fines that are referred to collections will be assessed a collection
fee in addition to a late fee. The collection fee shall be established by resolution and
included in Schedule A of the City Code. If the fine was imposed for a property-
related violation, the City may assess the applicable property pursuant to the
guidelines of Minnesota Statute 429.
Subd. 12: Pre-conference hearing. After a violator has made a request for an
administrative hearing the matter will be scheduled for a pre-conference hearing. The pre-
conference hearing will be conducted by the City Attorney’s Office. Notice of the date, time and
location of the pre-conference hearing will be mailed to the violator. The Parking Violations
Bureau may provide oral notice of the pre-conference hearing to parking violators. The mediator
shall have the authority to:
a. mediate and enforce a settlement of the dispute;
b. determine whether a violation occurred;
c. reduce, stay, or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
If the dispute is not resolved through the pre-conference hearing then the matter will be
scheduled for an administrative hearing.
Subd. 13: Administrative Hearing Procedures.
A. Scheduling the Hearing. After the receipt of the written notice to contest the citation
as provided, the Hearing Officer shall schedule a hearing before an independent
hearing officer, which will be held within 60 days, unless agreed to in writing by the
parties. The City Attorney shall notify the owner of the date, time and location of
the hearing.
B.Prepayment of Hearing Cost. An administrative hearing fee shall be payable to the
City at the time of the request for hearing. However, in no event will the amount of
the administrative hearing fee exceed the total amount of the civil fine. A request for
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CHAPTER I – GENERAL PROVISIONS
hearing is not valid until the administrative hearing fee is paid. In all cases where
the person requesting an administrative hearing is unable to attend and fails to
request a continuance of the hearing at least 48 hours in advance of the hearing, all
costs incurred by the City attributable to the requested hearing shall be charged to
the requesting party and deducted from any prepayment made. The administrative
hearing fee may be refunded if the administrative hearing officer determines that no
violation occurred. In the event that the hearing officer determines that a violation
occurred, then the administrative hearing fee will be applied toward any civil fine
imposed.
C.Independent Hearing Officer. An independent hearing officer, who may be from the
office of administrative law judges, shall preside over the administrative citation
hearing.
D. Hearing Procedures. At the hearing, the parties shall have the opportunity to present
testimony and question any witnesses, but strict rules of evidence shall apply. The
hearing officer shall tape record the hearing and receive testimony and exhibits and
the full record of the hearing shall be kept. The hearing officer shall receive and
give weight to evidence, including hearsay evidence, which possesses prohibitive
value commonly accepted by reasonable and prudent people in the conduct of their
affairs.
E. Authority of Hearing Officer. The hearing officer shall have the authority to:
1. determine whether a violation occurred;
2. dismiss the administrative citation;
3. impose the schedule fine; or
4. reduce, stay or waive a scheduled fine either unconditionally or upon compliance
with appropriate conditions.
5. waive all or part of the administrative hearing application fee.
F. Imposition of Civil Fine by Hearing Officer. When imposing a fine, the hearing
officer may consider any or all of the following factors, but in no case shall the fine
exceed the maximum allowed by MN Statute 609.
1. the duration of the violation;
2. the frequency or reoccurrence of the violation;
3. the seriousness of the violation;
4. the history of the violation;
5. the violator’s conduct after issuance of the hearing notice;
6. the good faith effort by the violator to comply;
7.the economic impact of the fine on the violator;
8. the impact of the violation upon the community;
9.prior record of city code violations; or
10. any other factors appropriate to a just result.
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CHAPTER I – GENERAL PROVISIONS
G. Fines for Continuing Violations. The hearing officer may exercise discretion to
impose a fine for more than one day of a continuing violation but only upon a finding
that:
1. the violation caused a serious threat of harm to the public health, safety, or welfare,
or;
2. the accused intentionally and unreasonably refused to comply with the code
requirement. The hearing officer’s decision and supporting reasons for continuing
violations must be in writing.
H. Written Report of Hearing Officer. The decision of the hearing officer shall be in
writing and contain findings of fact and conclusions of law. The written report shall
be served on the parties by mail within 20 days of the last date of the hearing.
I. Finality of decision. The decision of the hearing officer shall be final without any
further right of administrative appeal.
Subd. 14. Judicial Review. An aggrieved party may obtain judicial review of the
decision of the hearing officer by petitioning the Minnesota Court of Appeals for a writ of
certiorari pursuant to Minnesota Statute Section 606.01
Subd. 15. Assessment of fine. Any administrative civil penalty that the independent
hearing officer imposes must be paid within 30 calendar days of the hearing officer’s order. If
no date is specified, it must be paid within 30 calendar days. If the administrative civil penalty is
not paid, the city may assess the civil penalty against the owner’s property pursuant to Minnesota
Statutes Chapter 429.
Section 104.06: GENERAL REQURIEMENTS FOR CITY APPROVALS
Subd. 1. Requirements. A license, permit, or other city approval or authorization of any
kind may be granted only to an applicant who:
a. has complied with all relevant statutory and ordinance requirements;
b. has paid all fees, charges, taxes, special assessments and other debts or
obligations that are due from the applicant and payable to the City regarding any
matter; and
c. is in compliance with all ordinance requirements and attached conditions
regarding other City approvals that have been granted to the applicant for any
matter.
Subd. 2. Waiver. The requirements of Section 104.06, Subd. 1a. and b. may be waived
within the discretion of the City Council in the following circumstances:
a. The applicant has provided sufficient safeguards to assure payment of debts or
compliance with City requirements within a reasonable time after the City
approval.
Updated 11/2013
104-6
ORDINANCE 2022-002
AN ORDINANCE ESTABLISHING ORDINANCE 613
THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THEREAPISTS
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH
MINNESOTA:
That Ordinance 613 is hereby established and adopted as follows:
ORDINANCE613 THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE
THERAPISTS
Section 613.01: PURPOSE.The purpose of this ordinance is to prohibit unlicensed
massage businesses and services to the public except those licensed as therapeutic massage
establishments and massage therapists pursuant to this section. The licensing regulations
prescribed herein are necessary to protect businesses that are operating legitimateestablishments,
and to protect the health, safety, and general welfare of the community.
Section 613.02: FINDINGS OF THE CITY COUNCIL. The City Council makes the
following findings regarding the need to license therapeutic massage establishments and
therapists and to prohibit non-licensed massage businesses and services to the public:
a)Persons who have recognized and standardized training in therapeutic massage and
bodywork can provide a legitimate and necessary service to the public.
b)Health and sanitation regulations governing therapeutic massage establishments and
therapists can minimize the risk of the spread of communicable diseases and can
promote overall health and sanitation.
c)Restrictions on unlicensed therapeutic massage establishments and therapists can
minimize the risk that such businesses and persons will facilitate prostitution and
other criminal activity in the community.
d)Massage services provided by persons with no specialized and standardized training
in massage can endanger citizens.
e)Unlicensed massage businesses which employ persons or utilize independent
contractors with no specialized and standardized training can tax city law
enforcement services because such businesses are more likely to be operated as fronts
for prostitution and other criminal activity than operations established by persons
with standardized training.
f)The training of professional massage therapists at accredited institutions is an
important means of ensuring the fullest measure of protecting the publichealth,
safety, and welfare.
Section 613.03:DEFINITIONS.
Subd. 1. Accredited Institution. An educational institution holding accredited status
approved by the United States Department of Education or Minnesota Office of Higher
Education. Accreditation outside of these institutions will be reviewed and approved or denied
on a case by case basis by the City.
Subd. 2. Accredited Program. A professional massage program or educational institution
accredited by the Commission on Massage Therapy Accreditation (COMTA)or by an accrediting
body recognized by the United States Department of Education. Accreditation outside of these
institutions will be reviewed and approved or denied on a case by case basis by the City.
Subd. 3. Issuing Authority. The City Council grants the authority to issue and renew
licenses pursuant to this Section to the Health Director or designee.
Subd. 4. Massage, Massage Therapy, and Bodywork. A healthcare service involving the
external manipulation or pressure of soft tissue for therapeutic purposes. Massage therapy
includes techniques such as tapping, compressions, friction, gliding, kneading, shaking, and
fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water,
lubricants, or salts. Massage therapy does not include diagnosis or attempts to adjust or
manipulate any articulations of the body or spine or mobilization of these articulations using
thrusting force. This includes, but is not limited to many manual therapies, such as massage
therapy, Asian bodywork therapies or movement therapies. While these are recognized as
separate disciplines, all are subject to the massage and bodywork establishment license
ordinance.
Subd. 5. Massage Therapist. An individual who practices or administers massage to the
public who can demonstrate to the issuing authority that he or she:
a)Has current insurance coverage of $1,000,000.00 for professional liability in the
practice of massage;
b)Is affiliated with, employed by, or owns a therapeutic massage establishment licensed
by the City; and
c)Has completed certified therapeutic massage training with content that includes
subjects of anatomy, physiology, healthcare universal precautions, ethics, massage
theory and research, and massage practice from an Accredited Institutions or
Accredited Program approved by the Issuing Authority.
Subd. 6. Operate. To own, manage, or conduct or to have control, charge, or custody
over.
Subd. 7. Persons. Any individual, firm, association, partnership, corporation, joint
venture, or combination of individuals.
Subd. 8. Therapeutic Massage Establishment. Any individual, firm, association,
partnership, corporation, joint venture, or combination of individuals that operates a business that
employs or hiresor independently contracts with licensed therapeutic massage therapists to
provide therapeutic massage within the City for a fee or other consideration. For the purposes of
this ordinance, this includes Out-Call Massage Establishments or Mobile Massage
establishments that engage in or performs massage for any form of consideration or gratuity at a
location other than a commercial or home-occupation Massage Establishment.
Subd. 9. Within the City. A physical presence as well as mobile massage operations in
which the establishment premises, although not physically located within the City, serves as a
point of assignment of employees or independent contractors who respond to requests for
services from within the City.
Section 613.04:LICENSE REQUIRED.
Subd. 1. Therapeutic Massage Establishment License. It shall be unlawful for any
therapeutic massage establishment to operate, engage in, or carry on, within the City, massage
services to the public for consideration without first having obtained a license from the City
pursuant to this Ordinance. The owner/operator of a therapeutic massage establishment need not
be licensed as a therapeutic massage therapist if he or she does not at any time practice or
administer services to the public.
Subd. 2.Massage Therapist License. It shall be unlawful for any massage therapist to
practice, administer, or provide massage services to the public for consideration within the City
limits without first having obtained a license from the City pursuantto this Ordinance.
Section 613.05: EXCEPTIONS. A therapeutic massage establishment or therapist license
is not required for the following persons and places where massage services are provided by or
under the direction of any of the following:
a)Persons duly licensed or registered in Minnesota to practice medicine, surgery,
osteopath, chiropractic, physical therapy, podiatry, acupuncture, acupressure, Reiki,
Reflexology, or registered nurses.
b)Persons duly licensed by the state of Minnesota as beauty culturists or barbers who do
not give or hold themselves out to give massages or other services other than those
customarily given in such shops and places of business for beautification only.
Massages customarily given by beauty culturists or barbers will be limited to the
areas of the head, neck, and shoulder; hand and lower arms to the elbow; foot and
ankle.
c)Places duly licensed or operation as a hospital, clinic, nursing home, hospice, or
group home established for the hospitalization or care of human beings provided the
massage is administered only to the residents or patients of the facility as part of their
care and not provided as part of a separate service.
d)Athletic coaches, directors, and trainers employed by public or private schools.
e)Accredited institutions and students of accredited institutions which provide an
accredited program of study or course work in massage therapy, provided that the
massage is provided during and is a part of the course or clinical component of the
institution’s program of course work and students are supervised by an instructor
while performing the massage.
Section 613.06: LICENSE APPLICATION.
Subd. 1. Therapeutic massage establishment license application. An application for a
therapeutic massage establishment license shall be made on a form supplied by the City and shall
contain the following information.
a)Applicant and Owner Information
1)Whether the applicant is an individual, corporation, partnership, or other form
of organization.
2)Full name, address, date of birth, place of birth, and telephone number of the
applicant, all owners and operators, including the designated on-site manager
or agent of the applicant
3)Whether the applicant, owners and/or operators have ever used or been known
by a name other than the applicant’s name, and if so, the name or names and
information concerning dates and places where used. This includes commonly
used nicknames.
4)Whether the applicant is a citizen of the United States or a resident alien or
has the legal authority to work in the United States.
5)Type, name, location, and dates of every business or occupation the applicant
has been engaged in during the preceding 10 years.
6)Whether the applicant is currently licensed in other communities to perform
massage therapy, and if so, where.
7)Street addresses and dates at which the applicant has lived during the
preceding 10 years.
8)Whether the applicant has ever been arrested, charged or convicted of any
crime, or violation of any ordinance other than a minor traffic offense and, if
so, the time, place, date(s) and offense for which arrests, charges or
convictions were had.
9)If so, the applicant shall furnish information as to the date, time, place and
offense for which arrests, charges or convictions were had.
10)Whether the applicant has ever been engaged in the operation of massage
services. The applicant shall furnish information as to the name, place, dates
and length of time of the involvement of all such establishments.
11)Whether the applicant or other owner has had an interest in, as an individual
or as part of a corporation, partnership, association, establishment, business or
firm, a massage license that was revoked, suspended, or denied within the last
10 years of the date the license application is submitted to the City.
12)Proof of workers’ compensation insurance as required by Minnesota Law.
13)Such other information as required by the City.
b)Establishment Information
1)The legal description of the premises to be licensed together with a plan of the
area showing dimensions, location of buildings, street access, and parking.
2)For Home Occupation Establishments, a legal description of the premises to
be licensed together with a floor plan of the home showing dimensions,
locations of the rooms being utilized for massage therapy, public access, and
parking facilities.
3)Plans and specifications showing the interior and exterior design of the
establishment; including specifications of all massage equipment.
4)The current status of the premises and establishment, including whether they
are existing, planned, or under construction/renovation.
5)The floor, street, or suite numbers and rooms where the massage services will
be conducted.
6)Whether all real estate and personal property taxes that are due and payable
for the premises to be licensed have been paid, and if not paid, the years and
amounts that are unpaid.
7)Compatibility with St. Joseph Zoning Ordinances and the Comprehensive
Plan in regards to home occupations, proximity to residences, other
establishments licensed as therapeutic massage establishments, churches,
schools, and public buildings.
8)Such other information as required by the City.
Subd. 2. Massage Therapist License Application. An application for a massage therapist
license shall be made on a form supplied by the City and shall contain the following information:
a)The applicant's name and current address.
b)The applicant's current employer.
c)The applicant's employers for the previous five years, including the employer's name,
address and dates of employment.
d)The applicant's addresses and dates for the previous five years.
e)The applicant's date of birth, home telephone number, acolor photocopy of the
applicant's MN driver's license or MN I.D. front and back, or any other government-
issued I.D. If the photocopy is not acceptable to the Police Chief, the police
department may take photographs for the file.
f)Whether the applicant has ever been arrested, charged or convicted of any crime, or
violation of any ordinance other than a minor traffic offense and, if so, the time,
place, date(s) and offense for which arrests, charges or convictions were had.
g)Whether the applicant has had an interest in, as an individual or as part of a
corporation, partnership, association, establishment, business or firm, a massage
license that was denied, revoked or suspended within the last 10 years of the date the
license application is submitted to the issuing authority.
h)Whether the applicant is a U.S. citizen or resident alien or has the legal authority to
work in the United States.
i)Whether the applicant has ever used or been known by a name other than the
applicant's name, and if so, the name or names and information concerning dates and
places where used.
j)Whether the applicant has met the definition of a massage therapist in this Section.
k)Whether the applicant has ever been the subject of an investigation, public or private,
criminal or non-criminal, regarding massage therapy.
l)Such other information as the City shall require.
Subd. 3. Background Investigation. The applicant will submit with the completed
application form an executed release of information authorizing the Chief of Police to obtain any
information pertaining to the applicant's character or criminal history which may be deemed
confidential, private, or privileged by the laws of the United States or of any state. The applicant
will also submitadditional information that may be required by the Planning Office, Health and
Inspections Department, Police Chief and City Attorney. No person will make a false statement
in an application.
Subd. 4. Insurance Required. Each applicant for a therapeutic massage establishment
license shall file with the issuing authority a public liability insurance policy or certificate of
insurance from a company authorized to do business in the State of Minnesota, insuring the
applicant against anyand all loss arising out of the use, operation or maintenance of the
therapeutic massage establishment. The policy of insurance shall be in limits of not less than
$1,000,000.00. Each applicant for a massage therapist license shall file with the issuing authority
a current certificate of insurance providing coverage of $1,000,000.00 for personal liability in the
practice of massage. No cancellation of any insurance policy will be valid except upon 30 days
prior written notice to the City. Failure to keep in full force and effect the insurance is grounds
for suspension or revocation of the license.
Subd. 5. Review and Investigation Fee. At the time of each initial application, the
applicant will pay in full a review and investigation fee. Review and investigation fees will be set
forth in the fee schedule adopted by the City Council. Where a new application is filed as a result
of incorporation by an existing licensee and the ownership control and interest in the license are
unchanged, no additional license fee will be required. The review and investigation fee will not
be refunded.
Subd. 6. License Fee and License Year. The annual license fee for the therapeutic
massage establishment and massage therapist license will be in the amount set forth in the fee
schedule adopted annually by the City Council. A separate license will be obtained for each
place of business. Licenses are valid from January 1 to December 31 in the year the license is
issued, unless revoked. Renewal application for the license must be made on or before December
1 prior to the next license term.
Subd. 7. Administrative Review. Upon the filing of an application for a license, together
with the documents required to accompany the license, the Health Director will forward a copy
of the application and accompanying documents to the Planning Office, Health and Inspections
Department, Police Chief and City Attorney.
a)Planning Office Review. The Planning Office will review the application and any
other pertinent information relative to zoning, land use compatibility, and
comprehensive planning.
b)Police Department Review. The Police Chief will make or cause to be made a review
of the application to determine the potential impact of law enforcement. The Police
Chief will also make or cause to be made an investigation of the applicant's character
and criminal history.
c)Health and Inspections Department. The Health and Inspections Department will
review the license application and inspect the premises for which the license is to be
issued to confirm compliance with all requirements of the City and State relating to
health and sanitation.
d)City Attorney Review. The City Attorney will review the application for compliance
with all applicable statutes and ordinances.
e)Findings and Approval. Within 45 days of receipt of the initial license application, the
Planning Office, Police Chief, Health and Inspections Department and City Attorney
will submit in writing to the Issuing Authority their respective findings and
recommendations. The Issuing Authority will review the application, findings and
recommendations and will approve or deny the application. Upon the filing of a
renewal application, the City will respond within a reasonable period of time.
Section 613.07: ISSUANCE OF LICENSES FOR NEW CONSTRUCTION AND
ALTERATIONS OF EXISTING STRUCTURES.
Subd. 1. Final Plans Reviewed. Where a license to operate a therapeutic massage
establishment is granted for premises on which new construction or alteration of existing
structures is to occur, the applicant will submit a set of detailed final plans showing interior and
exterior design, including site and space. These plans will be certified by a registered architect or
engineer and submitted to the Building Inspections Division. The Issuing Authority will review
the plans for compliance with the preliminary plans included in the application.
Subd. 2. Certificate of Occupancy Required. For premises on which new construction or
alteration of existing structures is to occur, no license to operate a therapeutic massage
establishment will be issued until a certificate of occupancy is issued by the City for premises
constructed in accordance with the application and plans reviewed by the Issuing Authority.
Prior to issuance of the certificate of occupancy, the Chief BuildingOfficial will certify to the
Health Director that construction was or was not in compliance with the final plans reviewed by
the Health Director. Where the construction is found not to be in accordance with the final plans,
the Chief Building Official will state all significant deviations.
Subd. 3. Review of Deviations. Where the certification to the Health Director indicates
that construction was not in accordance with the final plans, the Health Director will not issue
the license but will return the application, together with the final plans and a statement of
deviations.
Section 613.08: PERSONS INELIGIBLE FOR INITIAL LICENSE.
Subd. 1. Therapeutic Massage Establishment License. The City may deny issuance of an
initial therapeutic massage establishmentlicense in any of the following circumstances, and this
list is not intended to state the exclusive reasons for denial:
a)Is not 18 years of age or older at the time the application is submitted to the issuing
authority.
b)Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minn. Stat. § 364.03, subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties and
responsibilitiesof a licensee as prescribed by Minn. Stat. § 364.03, subd. 3.
c)Has had an interest in, as an individual or as part of a corporation, partnership,
association, establishment, business or firm, a massage license that was denied,
revoked or suspended within the last 10 years of the date the license application is
submitted to the issuing authority.
d)Is not a citizen of the United States or a resident alien, or is legally prohibited from
working in the United States.
e)Is not the real party in interest of the establishment.
f)Has knowingly misrepresented or falsified information on a license application within
the preceding 10 years.
g)Cannot meet the definition of therapeutic massage establishment in this Section.
h)The applicant does not have insurance coverage in effect as required by this Section.
i)The applicant has been denied a license under this Section within the preceding 12
months.
j)The proposed use is in conflict with the St. JosephZoning Code or the
Comprehensive Plan.
k)The proposed use is in conflict with any health regulations or building code
regulations of the City or the State of Minnesota.
l)Owes taxes or assessments to the state, county, school district, or city that are due and
delinquent.
m)Is the spouse of a person whose massage-related license has beendenied, suspended
or revoked in the past 10 years.
n)Allowed a license to expire or surrendered a license, unless, at the sole discretion of
the city, a license application is submitted for consideration. The application shall be
treated the same as an application for a new license, subject to all ordinance
regulations and review.
Subd. 2. Massage Therapist Licenses: The City may deny issuance of an initial massage
therapist license in any of the following circumstances, this is not intended to state the exclusive
reasons for denial:
a)Is not 18 years of age or older at the time the application is submitted to the issuing
authority.
b)Has been convicted of any crime directly related to the occupation licensed as
prescribed by Minn. Stat. § 364.03, subd. 2, and who has not shown competent
evidence of sufficient rehabilitation and present fitness to perform the duties and
responsibilities of a licensee as prescribed by Minn. Stat. § 364.03, subd. 3.
c)Whether the applicant has had an interest in, individually or as part of a corporation,
partnership, association, establishment, business or firm, a massage license that was
denied, revoked or suspended within the last 10 years of the date the license
application is submitted to the issuing authority.
d)Is not a citizen ofthe United States or a resident alien, or is legally prohibited from
working in the United States.
e)Has knowingly misrepresented or falsified information on a license application within
the preceding 10 years.
f)Is not affiliated with, employed by, or does not own a therapeutic massage
establishment licensed by the city.
g)The applicant does not have insurance coverage in effect as required by this Section.
h)The applicant has been denied a license under this Section within the preceding 12
months.
i)Cannot meet the definition of massage therapist in this Section.
j)Allowed a license to expire or surrendered a license, unless, at the sole discretion of
the city, a license application is submitted for consideration. The application shall be
treated the same as an application for a new license, subject to all ordinance
regulations and review.
Section 613.09: GENERAL LICENSE RESTRICTIONS.
Subd. 1. Prohibited Massages. A massage therapist must not intentionally or sexually
massage or offer to massage the penis, scrotum, mons veneris, vulva, or vaginal area of a person.
The license will be revoked if the massage therapist is engaging in conduct with a client that is
sexual or may reasonably be interpreted by the client as sexual, or engaging in any verbal
behavior that is seductive or sexually demeaning to a client, or engaging in sexual exploitation of
a client, without regard to who initiates the behavior.
Subd. 2. Coverings. When performing a massage, the massage therapist must require that
the person receiving the massage have their breasts (with respect to females), buttocks, anus and
genitals covered with clothing or a not-transparent material at all times. The massage therapist
must have their breasts, buttocks, anus, and genitals covered with clothing at all times.
Subd. 3. License Restrictions. Each license will be issued to the applicant only. Each
license will be issued only for the premises described in theapplication. No license may be
transferred to another person or place.
Subd. 4. Business Hours. No customers or patrons will be allowed to enter the licensed
premises after 10:00 p.m. and before 6:00 a.m. daily. Customers or patrons will not be allowed to
remain upon the licensed premises after 10:30 p.m. and before 6:00 a.m. daily.
Section 613.10: INSPECTION BY CITY OFFICERS AND IDENTIFICATION OF
EMPLOYEES. Licensed premises and licensed applicants will be open to unannounced
inspection by City Health, Building and License Inspectors and Police Officers during business
hours. For home occupations, only the licensed premise will be inspected. Inspected facilities
will comply with following requirements:
a)Any person engaged in providing services in any licensed premises will identify
themselves giving their true legal name and correct address upon demand by any
police officer.
b)Current massage license issued by the City of St. Josephmust be displayed in the
front entry or corridor of the licensed facility. For home occupations, the massage
license issued by the City of St. Josephmust be displayed within the designated
space(s) for massage therapy on the license application.
c)Credentials of all massage therapists are current and available on-site.
d)Business hours must be posted on all public entryways into the massage facility. For
home occupations, the business hours must be displayed within the designated
space(s) for massage therapy on the license application or on their business website.
e)Toilet rooms for employees and patrons are adequate and conveniently located.
f)Provide single-service disposable paper or clean linens to cover the table, chair,
furniture, or area on which the patron receives the massage.
g)The massage therapist must wash their hands and arms with water and soap, anti-
bacterial scrubs, alcohol, or other disinfectants prior to and following each massage
service performed.
h)Massage tables, chairs, and other furniture on which massages are performed must
have surfaces that can be readily disinfected after each massage. These surfaces must
be disinfected following each massage performed.
i)Rooms must be adequately illuminated, to allow for adequate cleaning purposes.
j)The facility must be maintained in good repair and in a sanitary condition, and must
take reasonable steps to prevent the spread of infections and communicable diseases
on the premises.
k)Evidence of sexual acts is prohibited, such as semen found in the facility, massage
tables, chairs, and other surfaces.
l)Massage therapists must be in good health, without skin infections, and wear clean
clothing when performing massage services. Facilities must have a health and
wellness policy that follows CDC guidelines.
m)Massage establishments shall not contain nor allow the use by any person of sleeping
quarters or living spaces of any kind intended for habitation, including but not limited
to beds, cots, or mattresses. Sleeping or living quarters must be physically separated
by a door from the licensed massage therapy area designated on the application.
Section 613.11: ADVERTISING. Any advertising by a licensee or representative of the
licensee of any potential unlawful, misleading, sexually explicit, obscene or erotic conduct at the
licensed establishment shall be prohibited.
Section 613.12: RESPONSIBLE FOR CONDUCT. A licensee under this Section shall be
strictly responsible for the conduct of the business being operated in compliance with all
applicable laws and ordinances, including the actions of any employee or agent of the licensee on
the licensed premises.
Section 613.13: NON-RENEWAL, SUSPENSION, OR REVOCATION OF LICENSE. The
license may be suspended, revoked or not renewed for any of the following reasons, and this list
is not intended to state the exclusive reasons for suspension, revocation, ornon-renewal:
a)A violation related to fraud, misrepresentation, or false statement contained in a
license application or a renewal application.
b)A violation related to fraud, misrepresentation, or false statement made in the course
of carrying on the licensed occupation or business.
c)Any violation of this ordinance or state law. The charging of a violation or conviction
is not required for non-renewal, suspension, or revocation of a license.
d)A violation by any licensee or individual that is directly related tothe occupation or
business licensed as defined by Minn. Stat. § 364.03, subd. 2.
e)Conducting the licensed business or occupation in an unlawful manner or in such a
manner as to constitute a breach of the peace or to constitute a menace to the health,
safety, or general welfare of the community.
f)If the owner, manager, lessee or any of the employees or independent contractors are
found to be in control or possession of a narcotic drug or controlled substance on the
premises, other than drugs which may be purchased over the counter without a
prescription or those for which the individual has a prescription. For home
occupations on the premises refers to the designated space used for massage therapy
as recognized on the license application.
g)If the holder of an establishment license fails to maintain with the issuing authority a
current list of all employees or independent contractors of such licensed premises.
The list shall include all massage therapists licensed under this section.
h)A material variance in the actual plan and design of the premises from the plans
submitted.
i)In the event of multiple massage establishment locations, any license
suspension/revocation shall apply to all massage establishment locations within the
City of St. Joseph.
Section 613.14: APPEAL AND HEARING PROCEDURE. Before the City may revoke,
suspend, deny or not renew a license, written notice must be sent to the applicant or
owner/licensee setting forth the alleged grounds for the potential action. To appeal the
revocation, suspension, denial or non-renewal, the applicant or owner/licensee must submit a
request for appeal in writing within 10 days of receiving the notice. The appeal will be before an
independent hearing officer selected from the list of independent hearing officers maintained by
the City of St. Cloud. At the hearing, the applicant/licensee may speak on his or her behalf and
may present witnesses and other evidence he or she deems necessary. Upon the conclusion of the
hearing, the hearing officer, on behalf of the City Council, shall issue a written decision that
includes findings of fact. The applicant/licensee may appeal the hearing officer’s decision to the
Minnesota Court of Appeals by writ of certiorari.
Section 613.15: IMMEDIATE SUSPENSION OF LICENSE. The Health Director or
designee may immediately suspend a license, if the licensee, or any person working on behalf of
the licensee, is determined to be conducting business in an unlawful manner, any manner that
constitutes a substantial hazard to the health, safety,orgeneral welfare of the public, or after
repeated complaints received regarding unlawful conduct of the business practices or method of
solicitation. The licensee will be given notice of the immediate suspension on site. The
suspension will take place immediately. The licensee can request a hearing within 10 days of
notice of the suspension and the hearing procedure will be the same as set forth in 447:13.
Section 613.16: ABILITY TO REAPPLY AFTER REVOCATION. The holder of a
therapeutic massage establishment license or massage therapist license may not reapply for a
new license for a period of 10 years if their license is revoked under this ordinance.
This ordinance becomes effective from and after its passage and publication.
th
Passed by the City Council of St. Joseph, Minnesota this 7day of February, 2022.
Rick Schultz, Mayor
ATTEST
Therese Haffner, City Administrator
JOINT POWERS AGREEMENT
FOR MASSAGE LICENSE INSPECTION SERVICES
BETWEEN THE CITY OF ST. CLOUD
AND THE CITY OF ST. JOSEPH
THIS AGREEMENT, hereinafter referred to as the “Agreement,” is entered into
by and between the City of St. Joseph, hereinafter referred to as “St. Joseph,” and the City
of St. Cloud, hereinafter referred to as “St. Cloud,” both parties being governmental and
political subdivisions of the State of Minnesota.
WITNESSETH:
WHEREAS, St. Cloud employs full-time Registered Environmental Health
Specialists who conduct environmental health investigations, inspections and related code
enforcement, and
WHEREAS, St. Cloud is willing to assist St. Joseph by providing massage license
inspections, investigations and other related code enforcement and licensing activities.
NOW, THEREFORE, St. Joseph and St. Cloud, pursuant to the authority contained
in Minnesota Statutes, Section 471.59, commonly known as the Joint Powers Act, in order
to accomplish the foregoing purposes, agree as follows:
1. ST. CLOUD TO ASSIST
The St. Cloud Health & Inspections Department will conduct massage license
inspections, review massage therapist and massage establishment applications, and
other related code enforcement and licensingactivities for the City of St. Joseph.
This assistance would include annual routine inspections of all licensed massage
establishments by Registered Environmental Health Specialists, including any
required inspection reports and other necessary documentation and record findings.
2. ST. CLOUD TO ASSIST OWN JURISDICTION FIRST
It is the express understanding of the parties hereto that the first and foremost
priority of the St. Cloud Health and Inspections Department and staff is to provide
services to St. Cloud. It is therefore expressly understood that the assistance
contracted for by this Agreement will be provided only if the St. Cloud staff can
provide such assistance without unduly jeopardizing the protection and needs of St.
Cloud.
1
3. NO LIABILITY FOR FAILING TO ASSIST
It is expressly understood that neither St. Cloud nor its staff shall be in any way
liable for any claim based upon a failure for any reason to provide assistance when
requested by St. Joseph.
4. ST. CLOUD EMPLOYEES
St. Cloud Health and Inspections and staff providing assistance to St. Joseph
pursuant to this Agreement will remain employees of St. Cloud and will be paid by
St. Cloud, not St. Joseph.
5. PAYMENT TO ST. CLOUD
St. Joseph will reimburse St. Cloud for the assistance of the St. Cloud Health and
Inspections Departmentfor an annual fee of $465 per licensed establishment. This
amount will cover annual routine inspections and associated documentation.
License application reviews, appeal hearings, administrative search warrants,
complex investigations, drive-time and other work in excess of routine license
inspection duties will be billed in the amount of $80 per hour. Mileage will be
reimbursed to St. Cloud at a rate of 58.5 cents per mile driven, calculated from St.
Cloud City Hall to the inspection location, then back to St. Cloud City Hall.
Payments will be made quarterly during each year that this Agreement is in effect.
Following termination of this Agreement this paragraph will survive and remain
fully enforceable until payment is received by St. Cloud.
6. NO LIABILITY TO ASSISTING JURISDICTION FOR DAMAGES
It is expressly understood and agreed that St. Joseph will fully indemnify and hold
harmless St. Cloud, its officers agents and employees against all claims, losses,
damage, liability, suits, judgments, costs and expenses by reason of the action or
inaction of St. Cloud employees assigned to assist St. Joseph. This agreement to
indemnify and hold harmless does not constitute a waiver by any member of
limitations on liability provided by Minnesota Statutes, Chapter 466.
7. DURATION
This Agreement will be effective on February 7, 2022. This Agreement will remain
in full force for a period of 1-year, or until it is terminated in the manner provided
herein.
8. RENEWAL
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Either party shall have the option to initiate renewal ofthis agreement. To exercise
any such renewal, the party seeking the renewal shall provide the other party with
written notice of its intent to renew this agreement and stating the terms upon which
such renewal is being offered. The notice shall be given not less than 30-days prior
to the end of any renewal term. Any change in the terms or rate applicable to a
renewal term shall be proposed by the parties and discussed following the receipt
of the notice of renewal, prior to the renewal taking affect.
9. TERMINATION
Either party upon seven days written notice to the other party may terminate this
Agreement. Such notice will be delivered to the City Administrator of the
respective party.
IN WITNESS WHEREOF, St. Joseph and St. Cloud have, by action of their
governing bodies, caused this Agreement to be executed in accordance with the authority
of Minnesota Statutes §§ 471.59
Approved by the City Council CITY OF ST. JOSEPH
________________________ BY ________________________
Its _____________________
Date of Signature ____________
Attest ______________________
Its City Administrator
Date of Signature _____________
Approved by the City Council CITY OF ST. CLOUD
________________________ BY _________________________
Its Mayor
Date of Signature ______________
Attest _______________________
Its City Clerk
Date of Signature ______________
3
ORDINANCE 2022-003
AN ORDINANCE REPEALING AND REPLACING IN ITS ENTIRETY, ORDINANCE
1004 LICENSING AND REGULATION OF ANIMALS
IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH
MINNESOTA:
That Ordinance 1004 is hereby repealed in its entirety and replaced with the following:
ORDINANCE 1004LICENSING AND REGULATION OF ANIMALS
Section 1004.01: DEFINITIONS. As used in this Ordinance, unless the context otherwise
indicates, the following words shall be defined to mean:
a.Animal Control Officer. Any city officer or employee designated to enforce any
portion of this Ordinance.
b.Animal Shelter. Any premises designated by theCity for the purpose of impounding
or caring for animals held under the authority of this Ordinance.
c.At Large. Off the premises of the owner and not under the control of the owner, or
other competent person, by leash not exceeding eight (8) feet in length.
d.Dangerous Animal. An animal that has:
1.Without provocation, inflicted substantial bodily harm on a human being on
public or private property; or
2.Killed or caused substantial bodily harm to a domestic animal without
provocation while off the owner’sproperty; or
3.Been found to be potentially dangerous, and after the owner has noticed that
the animal is potentially dangerous, the animal aggressively bites, attacks, or
endangers the safety of humans or domestic animals; or
4.Been declared a Dangerous Dog pursuant to Minnesota Statutes by the animal
control authority or another jurisdiction
e.Domestic Animal. Various non-venomous animals domesticated so as to live and
breed in a tame condition. Domestic animals are to be considered those specifically
allowed by this Ordinance.
f.Kennel. Any place, building, tract of land, where three or more dogs are kept and
maintained. A Kennel does not include a veterinarian licensed to practice in the State
of Minnesota. A Kennel does not include an animal shelter owned and operated by
any political subdivision of the State or providing animal sheltering services under
contract with any political subdivision of the State. A kennel does not include those
that obtain a Multiple Animal Permit to foster up to four animals in partnership with a
City designated animal shelter. A commercial kennel is only permitted in areas
designated in the city’s Zoning Ordinance.
g.Non-Domestic Animal. Those animals considered to be naturally wild and not
naturally trained or domesticated; or whichare considered to be farm animals or
inherently dangerous to the health, safety, and welfare of people. Non-domestic
animals are those specifically prohibited by this Ordinance.
h.Owner. Any person, keeper, custodian, or legal entity owning, harboring, or keeping
an animal, whether temporary or permanent.
i.Potentially Dangerous Animal. An animal which has:
1.When unprovoked, bitten a human or a domestic animal on public or private
property; or
2.When unprovoked, chased or approached a person, including a person on a
bicycle, upon the streets, sidewalks, or any public or private property, other
than the animal owner’s property, in an apparent attitude of attack; or
3.A known history, tendency, or disposition to attack while unprovoked,
causing injury or otherwise threatening the safety of humans or domestic
animals; or
4.Been declared a Potentially Dangerous dog pursuant to Minnesota Statute by
the animal control authority of another jurisdiction
j.Premises. Any building, structure, shelter or land whereupon animals are kept or
confined.
k.Provocation. An act that an adult could reasonably expect may cause an animal to
attack or bite.
l.Substantial Bodily Harm. Bodily injury that involves a temporary, but substantial
disfigurement, or which causes a temporary but substantial loss or impairment of the
function of any bodily member or organ, or which causes a fracture of any bodily
member.
m.Unprovoked. The condition in which the animal is not purposely agitated or
disturbed. It is a rebuttable presumption that any attack on a child fourteen years of
age or younger for which a reasonable person connotes as intent to inflict bodily harm
will be considered to be unprovoked unless the child is engaged in the commission of
a crime or illegal activity, including activities classified under Minnesota Statutes as
cruelty to animals.
Section 1004.02: MAINTENANCE OF ANIMALS. It shall be unlawful for any person
to own or harbor an animal within the corporatelimits of the City unless specifically permitted
by this Ordinance or by special permit.
Subd. 1: Permitted Animals. Except for kennels licensed under this Ordinance and/or
animal owners who have been issued a Multiple Animal Permit as designated in this Ordinance,
the following animals shall be permitted within the City:
a)Up to two (2) domestic dogs over three months old per household.
b) Up to three (3) domestic cats over three months old per household.
c) Up to fifteen (15) domestic cats or dogs under three months old per household.
d) Fish maintained in an aquarium.
e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage
located within a building.
f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than
16" in length, and maintained in an aquarium or cage located within a building.
g) Nonpoisonous insects maintained in an aquarium or cage located within a
building.
h) Birds purchased from a licensed pet seller and maintained in a bird cage located
within a building.
Subd. 2: Prohibited Animals. The ownership or harboring of the following animals
within the City is prohibited.
a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese,
sheep, goats,ducks and turkeys.
b) Predatory animals usually found in the wild, including but not limited to lions,
bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the
monkey family.
c) Animals, the importation or sale of which as a pet, is prohibited by state or federal
law.
d) Minnesota animals found in the wild, the hunting or trapping of which is totally
prohibited or which requires a big game license.
Section 1004.03: ANIMAL IDENTIFICATION. All dogs are required to have some
identification on them that would assist in identifying the owner. Identification under this section
include microchips, veterinarian issued rabies certificates, or any tags or collars with contact
information and phone number(s) inscribed on it.
Section 1004.04: MULTIPLE ANIMAL PERMITS. Prior to exceeding the animal limits
set forth above, owners must make application for an annual animal permit that allows them to
exceed the limits listed in this Ordinance by no more than two animals. Multiple AnimalPermits
will only be issued to residents that are experiencing extraordinary circumstances such as
military deployment, or will be fostering animals for the Tri-County Humane Society. Applicants
must provide information for each animal in excess of the limit, including: name, color, species,
age and housing provided for each animal.
A multiple animal permit may be modified from time to time or revoked by the City for
failure to conform to required restrictions, limitations or prohibitions. Such modification or
revocation shall be effective from and after ten (10) days following the mailing of written notice
to the person keeping or maintaining the animals.
a)Fostering. Owners who provide foster care for animals through the Tri-County Humane
Society may be granted annual permits without providing information regarding the
identification of each animal fostered.
b)Military deployment/other exceptions. Owners that possess animals in excess of the
limitations set by this Ordinance for a deployed armed services member are required to
show proof of ownership and deployment. Other extraordinary circumstances may be
approved by the City on a case by case basis.
Section 1004.05: KEEPING OR HARBORING PROHIBITED. No person shall own,
care for, have custody orcontrol of, within the City limits, any non-domestic animal and/or any
animal specifically prohibited as provided for in this Ordinance.
Subd. 1 Exceptions: Certain animals are permitted within the City’s Agricultural and
Rural Residential Zoning District as specifically provided within the City’s Zoning Ordinance.
Section 1004.06: ANIMALSAT LARGE PROHIBITED. It shall be unlawful for the
owner of any animal to permit the same to run at large anywhere in the City of St. Joseph other
than the property of the owner thereof and City designated off-leash dog park areas. Owners of
animals found running at large are subject to a fine determined by the City’s fee schedule.
Animals in the Agricultural and Rural Residential Zoning Districts shall be allowed to run at
large unless this issue becomes a nuisance generating complaints from neighbors.
Section 1004.07: ABANDONMENT OF ANIMALS PROHIBITED
It shall beunlawful to abandon any dog or other animal within the City.
Section 1004.08: RABIES CONTROL.
Subd. 1: All dogs over the age of six (6) months, kept, harbored, maintained or
transported within the City shall have current vaccinations given by a licensed veterinarian for
rabies.
Subd. 2: A copy of certificate of vaccination shall be provided to the City upon request.
Subd. 3: Animals known to have been bitten by or exposed to a rabid animal must be
euthanized or the animal’s owner must adhere to procedures as described in the National
Association of State Public Health Veterinarians (NASPHV) Compendium of Animal Rabies
Prevention and Control. Notification of exposure shall be made immediately to the City. Costs
associated with exposure are incurred at the animal owner’s expense.
Section 1004.09: NUISANCE NOISE, PROPERTY DAMAGE, REMOVAL OF
ANIMALEXCREMENT.
Subd. 1: Nuisance Noise. It is unlawful for any owner to maintain at any place within the
City any animals which, by their habitual whining, barking, howling or other disagreeable
noises, disturbs the people in the locality where kept.
Subd. 2: Damage to Property. No person having the custody or control of a dog or other
animal will permit the animal to damage any lawn, garden, or other property, public or private,
or to defecate on private property, without the consent of the property owner.
Subd. 3: It is the responsibility of each person having the custodyor control of a dog or
other animal to promptly remove any feces left by such dog or animal on any sidewalk, gutter,
street, park land or other public property, or any public area, and to dispose of the feces in a
sanitary manner and to have in immediate possession a device or equipment for the picking up
and removal of feces. For the purpose of this subdivision, “public area” will include any property
open for public use or travel, even though it is privately owned.
Subd. 4: It shall be unlawful for anyperson, owning or harboring a dog, to allow an
unreasonable accumulation of dog excrement upon property owned or possessed by such person.
An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor
which can be detected from adjacent property, which is unsightly or offensive to the sight or
which creates a public health risk.
Section 1004.10: IMPOUNDMENT. The Animal Control Officer or designee may
impound any dog found at large at any time within the City.
Section 1004.11:REDEMPTION. Animals may be redeemed from the Animal Shelter by
the owner at any time during office hours, within five (5) business days after seizure and
impounding, upon a statement of ownership, and payment of the impounding fee, including the
cost of caring for the animal during the impound period. The animal will be released to the
owner, unless it is being held for rabies observation or for potentially dangerous or dangerous
dog designation. Any animals not redeemed by the owner shall become the property of the
Animal Shelter.
Section 1004.12: DANGEROUS AND POTENTIALLY DANGEROUS ANIMALS
The Animal Control Officer or their designee will designate any animal as dangerous or
potentially dangerous upon receiving evidence that such animal meets the definition set forth in
this ordinance.
Subd. 1: Exemptions. Animals may not be designated as dangerous or potentially
dangerous if the threat, injury, or damage was sustained by a person who was:
a)Committing, at the time, a willful trespass or other tort upon the premises occupied by
the owner of the animal;
b)Provoking, tormenting, abusing, or assaulting the animal or who can be shown to
have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or
c)Committing or attempting to commit a crime.
Subd. 2: Notification and Procedure. When an animal is declared dangerous or potentially
dangerous, the owner shall be notified in writing.
a)The notice shall state the date, time, place the animal bit, chased, attached or
threatened and shall advise the owner that they have fourteen (14) days to appeal the
determination by requesting a hearing
b)The owner must immediately comply with the Proper Enclosure requirements as
defined in this ordinance, even if appealing the designation.
Subd. 3: Noncompliance of Order. If an owner of a dangerous or potentially dangerous
animal fails to comply with any conditions set forth in this ordinance and fails to request
a hearing within fourteen (14) days of the designation, the animal shall be seized.
a)Notice shall be provided to the owner of the basis for the seizure and the right to
request a hearing to determine whether the conditions were violated
Subd. 4: An owner of a dangerous or potentially dangerous animal must notify the Police
Department in writing within fourteen (14) days of any transfer to a new owner or location, or
death of the animal. This notification shall include proof of death or the complete name, address,
and telephone number of the person to whom the dog has been transferred or the address where
the dog has been relocated.
Subd. 5: Review of Designation. Beginning six (6) months after and animal’s designation
as dangerous or potentially dangerous, an owner may request in writing that the designation be
reviewed by the city. The ownermust also provide evidence that the dog’s behavior has changed
and that no violation of this ordinance has occurred during the time period.
Section 1004.13: POTENTIALLY DANGEROUS ANIMALS. An animal that has been
determined to be potentially dangerous shall do the following:
a)The animal shall be required to be restrained by a leash not to exceed six (6) feet in
length, and/or muzzled, and under the control of a person eighteen (18) years of age
or older at all times it is outdoors and not inside a proper enclosure; and
b)If the animal is a dog or cat, the owner shall provide proof of spay or neuter; and
c)The owner shall be required to complete an approved dog obedience class; and
d)The owner of a potentially dangerous animal shall have a microchip installed or
injected on the animal, to the extent that the species of the animal allows placement of
the chip. The identification number and microchip manufacturer shall be provided to
the city. All costs related to the installation and maintenance of the chip are the
owner’s responsibility. If the animal is impounded, the microchip will be installed or
injected prior to its release
Section 1004.14: DANGEROUS ANIMALS: The Animal Control Officer or designee,
after designation of an animal as dangerous, has the authority to determine the disposition of the
dangerous animal.
a)The dangerous animal will be euthanized; or
b)The dangerous animal will be housed in a proper enclosure. Proper enclosure means
securely confined indoors or in a securely locked pen or structure to prevent the
animal from escaping and to provide protection for the animal from the elements. A
proper enclosure does not include a porch, patio, or any part of a house, garage, or
other structure that would allow the animal to exit of its own volition, or any house or
structure in which windows are open or in which door or window screens are the only
barrierwhich prevent the animal from exiting. Such enclosure will not allow the
egress of the animal in any manner without human assistance. A pen or kennel for a
dog designated as dangerous will meet the following minimum guidelines:
1.Have a minimum overall floor size of thirty-two square feet
2.Sidewalls will have a minimum height of five feet and be constructed of 11 gauge
or heavier wire. Openings in the wire will not exceed two inches, support posts
will be 1 ¼ inch or large steel pipe buried in the ground eighteen inches or more.
3.A cover over the entire pen or kennel. The cover will be constructed of the same
gauge wire or heavier as the sidewalls and will not have openings greater than two
inches.
4.An entrance/exit gate. The gate must be constructed usingthe same materials as
the sidewalls with openings no greater than two inches. The gate will be equipped
with a device capable of being locked and will be locked at all times when the
animal is in the pen or kennel.
c)Insurance. The owner is required to provide and show proof annually of public liability
insurance paid in full in the minimum amount of $500,000. If the animal is impounded,
proof of insurance must be provided prior to the animal’s release
d)Posting. Post the front and rear of the premises with clearly visible warning signs
including a warning label to inform children that there is a dangerous animal on the
property as specified in Minnesota Statute 347.51.
e)Muzzle. If the animal is a dog and is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash not to exceed six (6) feet in length
and be under the physical restraint of a person at least eighteen (18) years of age or older.
The muzzle must be of such design as to prevent the dog from biting any person or
animal, but will not cause injury to the dog or interfere with its vision or respiration.
f)Microchip Identification. The owner of a dangerous animal is required to have a
microchip installed or injected on the animal, to the extent that the species of the animal
allows placement of the chip. The identification number and microchip manufacturer
shall be provided to the city. All costs related to the installation and maintenance of the
chip are the owner’s responsibility. If the animal is impounded,the microchip will be
installed or injected prior to its release.
g)Annual Registration. The owner of a dangerous animal or potentially dangerous animal
shall register the dog annually with the Police Department. Registration shall include
providing where the animal is residing and current rabies vaccination records.
h)Spay/Neuter. If the dangerous animal is a dog or cat, the owner shall provide proof of
spay or neuter.
i)Tag. A dangerous dog must have a standardized, easily identifiable tag identifying the
dog as dangerous and containing the uniform dangerous dog symbol affixed to the dog’s
collar at all time.
j)Obedience Class. The owner of a dangerous dog shall be required to complete an
approved dog obedience class.
k)Appeal. Appeal of the Animal Control Officer’s dangerous animal designation will be a
hearing not more than fourteen (14) days after receipt of the appeal request. At the time
of the hearing, the animal owner may appear and present any evidence which the animal
owner deems material to the investigation. The hearing officer must be an impartial
employee of the city or an impartial person retained by the city to conduct the hearing.
The hearing officer will affirm or reject the dangerous animal designation or may impose
other sanctions as warranted. The hearing officer’s decision shall issue within 10 days of
the hearing. If the declaration is upheld, the actual expenses of the hearing up to a
maximum of $1,000 will be the responsibility of the animal owner.
Section 1004.15: ANIMAL BITING.
Subd. 1: Whenever any animal capable of transmitting the rabies virus has bitten any person
or domestic animal, the owner or custodian of the biting animal, upon being notified by the city,
will immediately cause the animal to be quarantined at the Animal Shelter, or by a veterinarian
licensed to practice in the State of Minnesota for a period of ten (10) days after the bite incident.
The city may allow the owner to quarantine the animal if proof of current rabies vaccination is
provided. All expenses related to any quarantine will be the responsibility of the animal owner.
Subd. 2: Release from Quarantine. At the end of the ten (10) days, a licensed veterinarian
shall examine the animal to ascertain whether symptoms of rabies exist. If the veterinarian
diagnoses the animal to be free of the signs of rabies, the animal shall be released from
quarantine. If a quarantined animal sickens or dies, it shall be sent to the Minnesota Department
of Health for rabies testing. The owner of the animal is responsible for the cost of quarantine,
veterinary fees and testing.
Subd. 3: Noncompliance. If an owner fails to comply with any portion of the quarantine, the
animal shall be seized and impounded for the remainder of the quarantine period.
Section 1004.16: PENALTY. Any person violating any of the provisions of the
Ordinance shall be deemed guilty of a misdemeanor.
This ordinance becomes effective from and after its passage and publication.
th
Passed by the City Council of St. Joseph, Minnesota this 7day of February, 2022.
Rick Schultz, Mayor
ATTEST
Therese Haffner, City Administrator
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1004 LICENSING AND REGULATION OF ANIMALS .......................... 1004-1
Section 1004.01: MAINTENANCE OF ANIMALS .................................................... 1004-1
Section 1004.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE ....... 1004-2
Section 1004.03: ALL DOGS TO BE LICENSED – FEE ........................................... 1004-2
Section 1004.04: DOG LICENSES TO BE GRANTED BY CITY CLERK/
ADMINISTRATOR ........................................................................... 1004-2
Section 1004.05: APPLICATION FOR DOG LICENSE ............................................ 1004-2
Section 1004.06: EVERY DOG TO WEAR A COLLAR ........................................... 1004-3
Section 1004.07: RECORD OF LICENSE ................................................................... 1004-3
Section 1004.08: SEIZURE OF UNLICENSED DOGS .............................................. 1004-3
Section 1004.09: POSSESSION OF DOG HOW RECOVERED.............................. 1004-3
Section 1004.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED OF
BEING DISEASED ............................................................................ 1004-3
Section 1004.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED ITS
OWNER .............................................................................................. 1004-4
Section 1004.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS ...... 1004-4
Section 1004.13: DESTRUCTION OF VICIOUS ANIMALS .................................... 1004-4
Section 1004.14: DISPOSITION OF UNCLAIMED ANIMALS ............................... 1004-4
Section 1004.15: REMOVAL OF DOG EXCREMENT ............................................. 1004-4
Section 1004.16: PENALTY ........................................................................................ 1004-5
1004-0
CHAPTER X –NUISANCES & OFFENSES
ORDINANCE 1004LICENSING AND REGULATION OF ANIMALS
Section 1004.01: MAINTENANCE OF ANIMALS. It shall be unlawful for any person
to own or harbor an animal within the corporate limits of the City unless specifically permitted
by this Ordinance or by special permit granted by the City Council.
Subd. 1: Permitted Animals. The following animals shall be permitted without special
permit:
a) Up to two (2) domestic dogs over three months old per household.
b) Up to three (3) domestic cats over three months old per household.
c) Up to fifteen (15) domestic cats or dogs under three months old per household.
d) Fish maintained in an aquarium.
e) Hamsters, gerbils, guinea pigs or lab rats maintained in an aquarium or cage
located within a building.
f) Nonpoisonous and nondangerous snakes, lizards or other reptiles, no greater than
16" in length, and maintained in an aquarium or cage located within a building.
g) Nonpoisonous insects maintained in an aquarium or cage located within a
building.
h) Birds purchased from a licensed petseller and maintained in a bird cage located
within a building.
Subd. 2: Animals Permitted by Special Permit. Animals not specifically permitted may
be allowed by special permit of the City Council if meeting the following criteria:
a) The animal is not specifically prohibited by Subd. 3 of this section.
b) The ownership or harboring of the animal shall not create a threat to the peace,
repose, safety or health of the general public or residents residing in the area in
which the animal will be maintained.
c) The ownership or harboring of the animal will not result in offensive noise or
odors.
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CHAPTER X –NUISANCES & OFFENSES
Permission may be withdrawn by the Council for failure of continued compliance with
subdivisions 2a through 2c above.
Subd. 3: Prohibited Animals. Theownership or harboring of the following animals
within the City is specifically prohibited.
a) Farm animals, including but not limited to, cattle, horses, hogs, chickens, geese,
sheep, goats, ducks and turkeys.
b) Predatory animals usually found in the wild, including but not limited to lions,
bears, wolves, tigers, cougars, bobcats, alligators, crocodiles and members of the
monkey family.
c) Animals, the importation or sale of which as a pet, is prohibited by state or federal
law.
d) Minnesota animals found in the wild, the hunting or trapping of which is totally
prohibited or which requires a big game license.
Section 1004.02: ANIMALS NOT TO BE PERMITTED TO RUN AT LARGE. It shall
be unlawful for the owner of any animal to permit the same to run at large anywhere in the City
of St. Joseph other than the property of the owner thereof.
Section 1004.03: ALL DOGS TO BE LICENSED – FEE. It shall be unlawful for any
person to own or harbor any dog or dogs within the corporate limits of the City of St. Joseph
without having first obtained a license as herein provided. Any person who desires to maintain
or preserve any right or property interest in such dog or dogs shall annually procure a license for
the dog so owned or harbored. The annual license fee shall be in an amount as established by
resolution of the City Council and shall be paid to the City Clerk/Administrator. No license fee
shall be required for any dog which is less than six (6) months old. Any person who fails to
obtain a license in accordance with this ordinance shall be assessed a penalty fee in an amount
established by resolution of the City Council. This penalty fee is in addition to any fines or costs
resulting from criminal prosecution in accordance with Section 1004.16 below. No person shall
operate a dog kennel within the corporate limits of the City of St. Joseph, except in an area zoned
for industrial use as may be permitted by a special use permit.
Section 1004.04: DOG LICENSES TO BE GRANTED BY CITY CLERK/
ADMINISTRATOR. A dog license shall be granted upon payment to the City
Clerk/Administrator of the fees above provided and shall continue to be in force until the 1st day
of April next succeeding the date of its issuance.
Section 1004.05: APPLICATION FOR DOG LICENSE. In applying for a dog license,
the owner shall state in writing the name, sex, breed, age, color and marking of the dog for which
the license is to be procured on forms provided by the City Clerk/Administrator. Every
application for a license shall be accompanied by a certificate from a qualified veterinarian
showing that the dog to be licensed has been given a vaccination against rabies.
1004-2
CHAPTER X –NUISANCES & OFFENSES
Section 1004.06: EVERY DOG TO WEAR A COLLAR. Every dog so licensed, must
wear a collar around its neck, to which shall be attached ametal tag, distinctly marked with the
year in which the same is issued, and a number designated by the City Clerk/Administrator,
which number shall be stated in the license granted. Such metal tag shall be furnished by the
City, and no other tag shall be issued as a substitute therefore, except that in case any person
owning a dog states in writing to the City Clerk/Administratorthat the license tag theretofore
issued has been lost, the City Clerk/Administrator shall be permitted to issue to such person a
new tag upon payment by the applicant of the sum established by resolution of the City Council
and payable to the City Clerk/Administrator. The new tag shall be in the same form as the
original tag. It shall be unlawful for any person to make, sell, purchase or transfer in any way
any such tag or counterfeit the same in any manner, or to place or permit to be placed any tag so
made, sold, purchased, transferred or counterfeited, upon his dog or any dog in his custody or
keeping or to place or permit to be placed any tag issued as aforesaid upon any other dog than
the one for which such tag was originally issued by the City Clerk/Administrator.
Section 1004.07: RECORD OF LICENSE. The City Clerk/Administratorshall keep in a
book to be provided for that purpose, a record of all dog licenses issued with the name and
residence of the person to whom issued, and the number designated upon the metal tag furnished
therewith.
Section 1004.08: SEIZURE OF UNLICENSED DOGS. It shall be lawful for the dog
license inspector or any of his duly authorized assistants or any peace officer or any person duly
authorized by a member of the Board of Health to capture, seize and deliver to the dog license
inspector, or the keeper of a public pound any dog owned, harbored or permitted to run at large
in violation of the provisions of Sections 1, 2, 5 or 10 ofthis Ordinance.
Section 1004.09: POSSESSION OF DOG HOW RECOVERED. Any dog so seized
and impounded may be redeemed by the owner thereof at any time within five (5) days after
such seizure and impoundment upon payment of a penalty in an amount as established by
Resolution of the City Council, and a written statement of ownership, together with proof that a
license has been duly issued for said dog or if no license has been previously issued upon
payment of the license fee together with the aforementioned penalty. If the owner of the dog
seized or impounded under the provisions of this ordinance does not resume possession of said
dog in compliance with the foregoing provisions within five days after seizure or impoundment
thereof, he shall forfeit all right to and property in such dog.
Section 1004.10: IMPOUNDMENT OF DISEASED DOGS OR DOGS SUSPECTED
OF BEING DISEASED. Any dog which has bitten a person in the City of St. Joseph or which
may be suspected of having hydrophobia may be immediately seized whether on or off the
premises of the owner and may be impounded for such period as directed by the Health Officer.
All costs incident to and part of such impoundment shall be paid by the owner of said dog. In
the vent the dog is determined to be rabid said animal shall be destroyed under the direction of
the Health Officer. If the dog is determined not to be rabid, said dog shall be returned to is
owner upon payment of all costs of impoundment. If the owner shall fail to pay the costs of
impoundment within five days after receiving written notice of the amount then the animal shall
be destroyed or sold for impoundment costs. Whenever the prevalence of hydrophobia renders
1004-3
CHAPTER X –NUISANCES & OFFENSES
such action necessary, to protect the public health and safety, the Mayor may issue a
proclamation ordering every person owning or keeping a dog to confine it securely on his
premises unless it is muzzled so that it cannot bite. No person shall violate such proclamation,
and any unmuzzled dog running at large during the time affixed in the proclamation shall be
killed by the police without notice to the owner.
Section 1004.11: ANY PERSON HARBORING AN ANIMAL SHALL BE DEEMED
ITS OWNER. Any person owning or harboring an animal for three (3) consecutive days shall,
for the purpose of this ordinance, be deemed the owner thereof, and if that person be a minor, the
parent or guardian of the said minor shall be deemed to be the owner thereof.
Section 1004.12: INTERFERENCE WITH OFFICERS OR OTHER PERSONS. It shall
be unlawful for any person to molest or in any way interfere with any peace officer,
poundmaster, or any of their duly authorized assistants or with any duly authorized agent or any
person authorized by the Health Officer while engaged in the performance of work under the
provisions of this ordinance.
Section 1004.13: DESTRUCTION OF VICIOUS ANIMALS. The Health Officer shall
have the power to order the destruction of any dog or other animal which he may deem
dangerous and vicious, whether licensed or not, after three (3) days written notice to the owner
thereof, and after affording the owner or keeper of such dog or other animal an opportunity to be
heard. Whenever it shall appear to the satisfaction of the Health Officer that any dog, while
running at large has bitten one or more persons, such dog shall be deemed to be a vicious dog.
Section 1004.14: DISPOSITION OF UNCLAIMED ANIMALS. At the expiration of
five (5) days from the time a dog or cat is impounded as provided for in this ordinance, if said
dog or cat has not been reclaimed in accordance with the provisions hereof, it shall be the duty of
the license inspector to cause such dog or cat to be disposed of in accordance with the most
humane and approved methods as directed by the Health Officer.
Section 1004.15: REMOVAL OF DOG EXCREMENT
.
Subd. 1: It shall be unlawful for any person to cause or permit a dog to be on any
property, public or private, not owned or possessed by such person, unless such person has in his
or her immediate possession a device for the removal of the excrement and a depository for the
transmission of excrement to a proper receptacle located upon property owned or possessed by
such person.
Subd. 2: It shall be unlawful for any person in control of, causing or permitting any dog
to be on any property, public or private, not owned or possessed by such person, to fail to
remove excrement left by such dog to a proper receptacle located on property owned or
possessed by such person.
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CHAPTER X –NUISANCES & OFFENSES
Subd. 3: It shall be unlawful for any person, owning or harboring a dog, to allow an
unreasonable accumulation of dog excrement upon property owned or possessed by such person.
An "unreasonable accumulation" is defined as an accumulation which omits an offensive odor
which can be detected from adjacent property, which is unsightly or offensive to the sight or
which creates a public health risk.
Section 1004.16: PENALTY
. Any person violating any of the provisions of the
Ordinance shall be deemed guilty of a misdemeanor.
Updated 10/7/94
Updated 6/2003 – Section 1004.03 and Section 1004.06
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RESOLUTION 2022-005
DIRECTING SUMMARY PUBLICATION OF
ORDINANCES2022-001, 2022-002, and 2022-003
Publication of the following titles and summaries of Ordinances 2022-001, 2022-002, and 2022-003
clearly informs the public of the Ordinances’ intent.
Ordinance 2022-001Repealing and Replacing in its Entirety Ordinance 104 Administrative
Penalties and Fees. Updateoutdated language and clarify the processes for administrative
citations, administrative hearings, and the assessment process for property violations.
Ordinance 2022-002 Establishing Ordinance 613 Therapeutic Massage Establishments and
Massage Therapists. Prohibit unlicensed massage businesses and services in the city, while also
providing an application and annual renewal process for massage establishments and therapists.
Ordinance 2022-003 Repealing and Replacing in its Entirety Ordinance 1004Licensing and
Regulation of Animals.Removal of licensing requirements, adds process for potentially
dangerous and dangerous dogs, adds multiple animal permit process.
Printed copies of the ordinances are available for inspection during regular business hours at the office of
the City Clerk and on the city website www.cityofstjoseph.com.
th
Passed by the St. Joseph City Council this 7day of February, 2022.
Rick Schultz, Mayor
ATTEST
Therese Haffner, City Administrator