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HomeMy WebLinkAbout10.03.22CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 St. Joseph City Council October 3, 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. ** Join Zoom Meeting https://us06web.zoom.us/j/81495919057?pwd=WUN4eGtZK3Z6VzhEenQzR1Z2eXcyUT09 Meeting ID: 814 95919057 Passcode: 687763 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 September 19, 2022, September 26, 2022. b.Bills Payable – Requested Action: Approve Check Numbers 059570-059607, Account Payable EFT #002085-002086; Payroll EFT 112291-112296, Regular Pay Period 19. c.Squad Replacement – Requested Action: Authorize the purchase of a 2023 Ford Explorer, replacing the 2017 Ford Explorer. d.Subordination Agreement Transfer – Requested Action: Authorize the transfer of the outstanding liens for 810 Dale Street E to St. Cloud Financial Credit Union, satisfying the subordination agreements. e.FEMA Grant Acceptance – Requested Action: Accept the Assistance to Firefighters Grant in the amount of $43,027.61. f.Fall/Winter Seasonal Recreation Hire – Requested Action: Approve the hire of Thea Oman for fall/winter recreation seasonal for $12 per hour contingent on a clean background check. g.Off-Premise Gambling Permit – Requested Action: Approve Resolution 2022-048 approving application to conduct off-site gambling for the St. Joseph Booster Club at Sal’s Bar & Grill, 109 MN St W. 5.Special Event - Central MN Take Back the Night 6.Early Bond Call 7.City Administrator Recruitment 8.Union Negotiations 9.Ordinances a.Park Board b.Licensing & Regulation of Intoxicating Liquor 10.Engineer Reports a.Elm Street East Extension 11.Mayor and Council Reports and Miscellaneous Business 12.Adjourn September 19, 2022 Page 1 of 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in special session on Monday, September 19, 2022, at 5:00PM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kelly Beniek, Jon Hazen, Bob Loso, Kevin Kluesner City Representatives Present: Administrator Therese Haffner, Finance Director Lori Bartlett, Public Works Director Ryan Wensmann, City Clerk Kayla Klein City Administrator Position: City Administrator Therese Haffner presented the options available to the Council to fill the City Administrator position. Haffner’s recommendations include hiring a retired City Administrator/Manager in the interim until a full-time placement can be found. Those identified included Jeff O’Neill (former Monticello City Administrator), and John Chattin (former City Manager of Bemidji). Haffner also recommends hiring a consulting firm to assist with the recruitment process and has identified GovHR and AME Solutions & Strategies. Loso made a motion directing staff to schedule interviews with Jeff O’Neill and John Chattin for the interim City Administrator position and directing staff to obtain proposals from GovHR and AME Solutions & Strategies to assist with the recruitment process. The motion was seconded by Kluesner and passed unanimously. Adjourn: Schultz adjourned the meeting at 5:16PM. Kayla Klein City Clerk September 19, 2022 Page 1 of 2 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, September 19, 2022, at 6:00PM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kelly Beniek, Bob Loso, Kevin Kluesner Absent: Jon Hazen City Representatives Present: Administrator Therese Haffner, Finance Director Lori Bartlett, Public Works Director Ryan Wensmann, City Clerk Kayla Klein, Community Development Director Nate Keller, City Engineer Randy Sabart, Fire Chief Jeff Taufen Public Comments: MaryKay Huhne, 9850 Jenny LN: Huhne stated she is disappointed with the decision to reduce the Park Board from seven to five members. Huhne stated the mayor should not be appointing the park board members. Huhne referenced the parks and trails and asked who is going to pay for the upkeep on the future parks and trails plan? Huhne stated the safe routes plan brings in low-income housing. Huhne referenced using grants for parks and trails that have strings attached to them with state and federal regulations that kick in after the project is completed. Mark Martini, owns JR’s Mobile. Martini stated that he bought the location with the intention of fixing it up and using it as a car repair shop. Martini stated he was informed after starting work on the building by the city that he could not operate the site as a car repair shop. Martini went on to say he wished he would have been informed of a special meeting held previously regarding “Jr’s” and would like to be notified with the city’s decision on what he can and cannot do with the site. Approve Agenda: Kluesner motioned to approve the agenda; seconded by Beniek and passed unanimously by those present. Consent Agenda: Loso motioned to approve the consent agenda items a-g; seconded by Kluesner and passed unanimously by those present. a. Minutes – Requested Action: Approve the minutes of September 6, 2022. b. Bills Payable – Requested Action: Approve Check Numbers 059501-059569, Account Payable EFT #002078-002079; Payroll EFT 112285-112284, Regular Pay Period 18, 18.01; Council Pay Period 9. c. Treasurer’s Report – Requested Action: Approve the August 2022 treasurer’s report as presented. d. Gambling Report – Requested Action: Accept the 2nd quarter gambling report as presented. e. Finance Technician Hire – Requested Action: Authorize the hire of Debbie Kulzer for Finance Technician at Grade 8, Step 1 $23.30 per hour on the wage scale. f. Donations – Requested Action: Approve Resolution 2022-046 Accepting Donations. g. Official Depository Designation – Requested Action: Approve Moreton Capital Markets as an official depository for the City of St. Joseph. h. Acceptance of Resignation – Requested Action: Accept the resignation of City Administrator Therese Haffner. 4h. Acceptance of Resignation-Schultz thanked City Administrator Haffner for her work and dedication to the City. Loso motioned to approve consent agenda item h; seconded by Kluesner and passed unanimously by those present. Engineer Report: City Engineer Randy Sabart reported on the findings of the Morningside Loop Drainage Analysis. Topographic survey of the yards and nearby homes was collected. Sabart provided the Council with the following options: Option one would be adding a flared end section and removing the catch basin, estimated at a cost of $22,000.00; Option two-constructing the overflow swale and berm towards the back of the lot located at 821 estimated at 27,000.00; Option three-additional rear yard grading along lot 821 estimated at $5300.00. Sabart told the council that the focus with this project is to provide additional protection to the structures from flooding. Schultz asked Sabart what type of rain event these potential solutions are predicted to handle. Sabart replied the analysis was based on a rain event similar to what occurred on June 24th, which is referred to as a 25-year event. Schultz asked if the potential solutions have been rated from greatest to least impact. Sabart replied they have been rated, option one would have the most impact followed by options two September 19, 2022 Page 2 of 2 and three. SEH is recommending the Council move forward with all three options, but the City is not obligated to approve all the options.The three options together would provide the most protection. It is a matter of who would bear the cost, the city or the property owners.The council discussed how the project would be funded. Beniek noted that the city should have a cost-share in this project. Loso made a motion to move forward without precedence to take the funds out of our storm sewer funds and to get quotes for all 3 options, then come back and getting a timeline; seconded by Kluesner and passed unanimously. 2023 Preliminary Budget: Bartlett presented the 2023 Preliminary Budget. The preliminary budget needs to be adopted by September 30th. Bartlett informed the council that if the city, county, and school district numbers are taken into account; residents of St. Joseph would see a 5 percent decrease in the overall tax rate. The decrease does not take into account the market value increase. The Truth in Taxation hearing will be held on December 5 at City Hall at 6 pm. Bartlett informed the council that hiring a full-time administrative assistant, a full-time mechanic, a police officer who went from part time to full time and adding the planning intern back into the summer 2023 has impacted the budget. Bartlett also mentioned operations have increased due to inflation. Loso made a motion to adopt Resolution 2022-047 adopting the preliminary 2023 General Fund Budget and proposed 2022 tax levy, collectible in 2023 and setting the truth in taxation hearing for December 5, 2022 at 6PM in the St. Joseph Government Center; seconded by Kluesner and passed unanimously. St. Joseph Lions Club Proposed Donation: City administrator Therese Haffner presented the request of the St. Joseph Lions to donate a wireless handheld microphone system to the city for the Millstream Park Shelter at an estimated cost between $700 and $1000.The city would purchase the equipment and be reimbursed by the Lions. Kluesner made a motion to approve Resolution 2022-044 accepting donations, noting the item will be available for public use; seconded by Loso passed unanimously by those present. Department Reports: The various departments presented their monthly reports. Committee/Board Reposts: CVB: Councilmember Beniek shared that Mary Bruno is working in collaboration with event organizers of SnowFest, Shop Small Crawl, and WinterWalk so that the CVB can become more involved in these types of events in the City. Loso asked Sabart about the flow in Park Terrace and wanted to know if Sabart had an estimate. Sabart shared with the council that a one-month monitoring period is recommended. The estimated cost is five thousand dollars for the rental of the in-line flow equipment and summary of the data. Loso would like the costs of the test to be put on the next agenda for potential approval. Mayor and Council Reports and Miscellaneous Business: Mayor Schultz is attending the League of MN Cities Board of Directors conference. He highlighted the turn out of the community picnic. The CGMC board met, they would like to allocate more money towards defending the minimal water standards. He shared that an annexation survey has been completed and he will share the results at a future meeting. The La Playette is organizing a Give Back to St. Joseph Day where multiple students that rent properties in the City will volunteer in various ways to give back to the city. Adjourn: Kluesner made a motion to adjourn at 7:11; seconded by Loso and passed unanimously by those present. Kayla Klein City Clerk September 26 2022 Page 1 of 1 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph special session on Monday, September 26, 2022, at 5:00 PM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Kelly Beniek, Jon Hazen, Bob Loso City Representatives Present: Administrator Therese Haffner, Finance Director Lori Bartlett The City Council interviewed Jeff O’Neil and John Chattin for the temporary Interim Administrator position. Discussion on both candidates occurred. Hazen made a motion approving Jeff O’Neill as the Interim City Administrator at $80.00 per hour and authorizing City Administrator Haffner to offer up to $90.00 per hour as requested by candidate. The motion was seconded by Kluesner and passed unanimously. Adjourn: Schultz adjourned the meeting at 6:21PM. Therese Haffner City Administrator Council Agenda Item MEETING DATE: October 3, 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 Regular PP 19 $52,877.38 Payroll EFT #112291 - #112296 $37,751.74 Account Payable EFT #002085 - 002086 $8,535.21 Check Numbers #059570 - #059592 $144,897.74 Total $244,062.07 Bills Payable – Checks Awaiting Council Approval Check Numbers #059593 - #59607 $17,842.47 Total $17,842.47 Total Budget/Fiscal Impact: $261,904.54 Various Funds ATTACHMENTS: Bills Payable – Checks Mailed Prior to Council Approval REQUESTED COUNCIL ACTION: Approve the bills payables as presented. 4b Check# Date Search Name Comments Amount FUND DEPART OBJ ACH 8/10/2022 PAYROLL Regular PP 19 $52,877.38 002085 9/20/2022 COMMISSIONER OF REVENUE Aug sales/use tax $967.24 601 00000 31320 002085 9/20/2022 COMMISSIONER OF REVENUE Aug sales/use tax ($0.13) 101 41430 441 002085 9/20/2022 COMMISSIONER OF REVENUE Aug sales/use tax $20.85 101 42120 441 002085 9/20/2022 COMMISSIONER OF REVENUE Aug sales/use tax $10.34 101 45204 441 002085 9/20/2022 COMMISSIONER OF REVENUE Aug sales/use tax $2,210.20 603 00000 31320 002085 9/20/2022 COMMISSIONER OF REVENUE Aug sales/use tax $152.50 101 45202 441 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Millstream camera service 8/19‐9/16/22 $10.06 101 42120 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD admin binders $103.34 101 41530 215 002086 9/21/2022 SENTRY BANK‐CREDIT CARD bleach, Dawn soap $23.58 602 49480 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD air filters $79.98 101 45202 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD adapter, coupler, dust cap, PVC elbow, primer, thread  seal $288.79 601 49421 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD 1/2hp pump, cable tie, glove, tubing, bolts $301.79 601 49440 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD return pump ($154.99) 601 49440 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD bobcat trailer bulk fasteners $4.76 101 43120 230 002086 9/21/2022 SENTRY BANK‐CREDIT CARD glue, duct tape $15.98 101 45201 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD background check ‐ admin assistant $60.00 101 41430 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD #14 ignitiion key $27.43 101 45202 230 002086 9/21/2022 SENTRY BANK‐CREDIT CARD USB drives $28.80 101 42120 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD budget binders $76.61 101 41530 215 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Beacon monthly $1.00 101 41430 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Zoom monthly $16.02 101 41950 215 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Adobe monthly $36.57 101 41530 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Adobe monthly $36.57 101 41430 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Adobe monthly $18.29 101 41910 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD background check ‐ finance technician $60.00 101 41530 300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD safety meeting refreshments $14.71 105 42220 212 002086 9/21/2022 SENTRY BANK‐CREDIT CARD water testing supplies $438.56 601 49440 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD #92 license $19.73 101 43125 230 002086 9/21/2022 SENTRY BANK‐CREDIT CARD 20 ton jack $59.99 101 45201 240 002086 9/21/2022 SENTRY BANK‐CREDIT CARD bulk fastners $2.60 101 45201 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD elections lunch/supper $292.11 101 41410 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD wood screws, pinesol, lime, bolts, washers $47.20 101 45201 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD paint party host $100.00 101 45204 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD air freshner $5.81 101 45202 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD MN Rec & Park Assn conference fee/hotel‐Juell $643.44 101 45204 331 002086 9/21/2022 SENTRY BANK‐CREDIT CARD electric fuse $11.98 601 49420 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD safety meeting refreshments $14.71 602 49490 212 002086 9/21/2022 SENTRY BANK‐CREDIT CARD safety meeting refreshments $14.71 601 49440 212 002086 9/21/2022 SENTRY BANK‐CREDIT CARD safety meeting refreshments $14.71 101 42120 212 002086 9/21/2022 SENTRY BANK‐CREDIT CARD safety meeting refreshments $14.71 101 45202 212 002086 9/21/2022 SENTRY BANK‐CREDIT CARD safety meeting refreshments $14.72 101 41430 212 002086 9/21/2022 SENTRY BANK‐CREDIT CARD elections ‐ coffee $45.21 101 41410 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD #11 battery $2.39 101 45202 230 002086 9/21/2022 SENTRY BANK‐CREDIT CARD Xline, poly tarp, pinesol $64.16 101 45202 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD reward points redeemed ($50.00) 101 41430 36300 002086 9/21/2022 SENTRY BANK‐CREDIT CARD rubbing alcohol $3.99 601 49421 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD 4x8 plywood $157.99 101 45201 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD 2 adult, 2 child epiPens $1,111.87 105 42270 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD AMEM conference fee/lodging Chief Pfannenstein $635.00 101 42500 331 002086 9/21/2022 SENTRY BANK‐CREDIT CARD SD card reader to tape meetings $14.99 101 41430 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD uniform cleaning‐Chief Pfannenstein $50.13 101 42120 171 002086 9/21/2022 SENTRY BANK‐CREDIT CARD elections ‐ coffee creamer $6.98 101 41410 210 002086 9/21/2022 SENTRY BANK‐CREDIT CARD alum angle, screws, drill bit, tork screws, stop nuts, lawn  seed fertilizer 35"wheel clamp $321.30 101 45202 220 002086 9/21/2022 SENTRY BANK‐CREDIT CARD flat washers, fertilizer, spider & bee spray $65.93 105 42280 220 112291 9/21/2022 SENTRY BANK H SA deposit reg pp 19 $1,631.24 101 21715 112292 9/21/2022 EFTPS fed/fica w/h reg pp 19 $7,893.68 101 21701 112292 9/21/2022 EFTPS fed/fica w/h reg pp 19 $7,029.16 101 21703 112293 9/21/2022 COMMISSIONER OF REVENUE state w/h reg pp 19 $3,399.03 101 21702 112294 9/21/2022 PERA PERA w/h reg pp 19 $15,973.63 101 21704 112295 9/21/2022 VOYA FINANCIAL deferred comp w/h reg pp 19 $1,675.00 101 21705 CITY OF ST JOSEPH EFT's & Payroll ‐ Paid Prior To Council Approval 112296 9/21/2022 AMERICAN FUNDS 529 plan w/h reg pp 19 $150.00 101 21705 EFT Total $99,164.33 Check# Date Search Name Comments Amount FUND DEPART OBJ 059570 9/22/2022 ARROW MANUFACTURING, INC. 2022 Rescue Van $94,785.00 104 42220 580 059571 9/22/2022 BYE, JOSEPH EDA 3rd quarter meetings $70.00 150 46500 103 059572 9/22/2022 CORNWELL QUALITY TOOLS Various mechanical tools $3,521.90 390 45201 580 059572 9/22/2022 CORNWELL QUALITY TOOLS discount Various mechanical tools ($352.19) 390 45201 580 059573 9/22/2022 DEZURIKS PORTABLE BLACK SIGN CO Firefighter sign‐recruiting 7/16‐8/1/22 $350.00 105 42210 340 059574 9/22/2022 DULLINGER, GINA 3rd quarter PC meetings $35.00 101 41120 103 059575 9/22/2022 GALLS, INC handcuffs ‐ Dan Pfannenstein $53.68 101 42120 171 059575 9/22/2022 GALLS, INC name tag for Class A $15.00 105 42220 585 059576 9/22/2022 HOSCH, LARRY 3rd quarter EDA meetings $35.00 150 46500 103 059577 9/22/2022 JARRELL, ANNE 3rd quarter PC meetings $70.00 101 41120 103 059578 9/22/2022 LOUWAGIE, KEITH & JOYCE 3rd quarter PC meetings $70.00 101 41120 103 059579 9/22/2022 MARCO, INC 9/10‐10/10/22 admin copier $418.38 101 41430 410 059580 9/22/2022 MICK, CARMIE 3rd quarter PC meetings $70.00 101 41120 103 059581 9/22/2022 OFFICE DEPOT paper, batteries, USB drive, glue stick Admin $209.23 101 41430 200 059582 9/22/2022 ORCUTT, JOE Sept Fire meeting $33.96 101 21712 059583 9/22/2022 POWERHOUSE OUTDOOR EQUIP grass rig equip repairs grind bar, carb setting, chain catcher $70.55 105 42220 220 059584 9/22/2022 QUADIENT POSTAGE FUNDING ink ‐ postage machine $27.64 101 41430 200 059584 9/22/2022 QUADIENT POSTAGE FUNDING ink ‐ postage machine $27.63 603 43230 200 059584 9/22/2022 QUADIENT POSTAGE FUNDING ink ‐ postage machine $27.63 602 49490 200 059584 9/22/2022 QUADIENT POSTAGE FUNDING ink ‐ postage machine $27.63 601 49490 200 059584 9/22/2022 QUADIENT POSTAGE FUNDING ink ‐ postage machine $27.64 101 42120 200 059584 9/22/2022 QUADIENT POSTAGE FUNDING ink ‐ postage machine $27.63 101 45201 200 059585 9/22/2022 Scepaniak, Adam 3rd quarter PC meetings $35.00 101 41120 103 059586 9/22/2022 SEH, INC Aug 22 Street Improvements $16,537.90 415 43120 530 059586 9/22/2022 SEH, INC Aug StorageLink $682.80 101 43131 303 059586 9/22/2022 SEH, INC Aug Elm St ROW $632.60 390 43120 530 059586 9/22/2022 SEH, INC Aug Rivers Bend 4 $296.88 101 43131 303 059586 9/22/2022 SEH, INC Aug MN St/1st Ave Traffic $102.50 101 43131 303 059586 9/22/2022 SEH, INC Aug Morningside Stormwater $102.50 651 49900 303 059586 9/22/2022 SEH, INC Aug Verizon Antennas $2,100.00 101 43131 303 059586 9/22/2022 SEH, INC Aug Morningside Stormwater $10,845.00 651 49900 303 059586 9/22/2022 SEH, INC Aug Knife River $1,112.50 101 43131 303 059586 9/22/2022 SEH, INC Aug 21 Street Improvements $1,674.18 411 43120 530 059586 9/22/2022 SEH, INC Aug Development Inquiries $722.15 101 41910 303 059586 9/22/2022 SEH, INC Aug APO $416.20 101 43131 303 059586 9/22/2022 SEH, INC Aug General $185.00 101 43131 303 059586 9/22/2022 SEH, INC Aug Wellhead Protection Plan $205.75 601 49434 303 059586 9/22/2022 SEH, INC Aug 20 20th Ave SE Watermain $356.75 410 43120 530 059586 9/22/2022 SEH, INC Aug Trobecs $182.50 101 43131 303 059587 9/22/2022 SNAP‐ON INDUSTRIAL various mechanical tools $3,775.62 390 45201 580 059588 9/22/2022 ST. CLOUD TIMES special event PH 8/15/22 $62.53 101 41430 340 059589 9/22/2022 TIREMAXX SERVICE CENTERS replace 2 front tires FD pickup $449.00 105 42260 230 059590 9/22/2022 TOTAL ENERGY SYSTEMS, LLC new lights FD meeting room/bay area $1,668.11 105 42280 220 059590 9/22/2022 TOTAL ENERGY SYSTEMS, LLC new lights FD meeting room/bay area $1,668.10 105 42281 220 059591 9/22/2022 UNUM LIFE INSURANCE Sept LTD insurance $1,427.86 101 21713 059592 9/22/2022 WICK, DALE & BARBARA 3rd quarter EDA meetings $35.00 150 46500 103 Total Bills Payable - Mailed Prior to Council Approval $144,897.74 CITY OF ST JOSEPH Bills Payable – Paid Prior To Council Approval Check# Date Search Name Comments Amount FUND DEPART OBJ 59593 9/27/2022 ST. JOSEPH FIRE RELIEF ASSOCIATION state reimbursement aid $2,000.00 105 42220 447 059594 9/27/2022 AUTO VALUE PARTS STORES ‐ WEST grease cap, seal towmaster trailer $12.74 602 49450 230 059594 9/27/2022 AUTO VALUE PARTS STORES ‐ WEST grease cap, seal towmaster trailer $12.74 601 49440 230 059594 9/27/2022 AUTO VALUE PARTS STORES ‐ WEST grease cap, seal towmaster trailer $12.74 101 45202 230 059594 9/27/2022 AUTO VALUE PARTS STORES ‐ WEST grease cap, seal towmaster trailer $12.74 101 43120 230 059595 9/27/2022 CCP INDUSTRIES, INC. nitrile powder gloves $130.23 602 49450 210 059596 9/27/2022 CORE & MAIN LP hydrant parts $420.49 601 49440 220 059596 9/27/2022 CORE & MAIN LP 4" check valve $71.29 601 49430 220 059597 9/27/2022 HAWKINS, INC WTP2 chemicals $2,115.10 601 49421 210 059598 9/27/2022 MELROSE 1 STOP #98 dimmer switch $47.29 101 43125 230 059599 9/27/2022 METERING & TECHNOLOGY SOLUTION 1.5  meter, 2  meter, 1  meter, cellular  communication device $431.16 601 49430 210 059600 9/27/2022 QUADIENT LEASING postage machine lease 10/20/22‐1/19/23 $47.67 101 41430 410 059600 9/27/2022 QUADIENT LEASING postage machine lease 10/20/22‐1/19/23 $47.66 601 49490 410 059600 9/27/2022 QUADIENT LEASING postage machine lease 10/20/22‐1/19/23 $47.66 602 49490 410 059600 9/27/2022 QUADIENT LEASING postage machine lease 10/20/22‐1/19/23 $47.66 603 43230 410 059601 9/27/2022 RESURRECTION LUTHERAN CHURCH rent gathering space ‐ general election P3 $400.00 101 41410 410 059602 9/27/2022 SHIFT TECHNOLOGIES, INC. PD Banyon issues ‐ Vought $154.00 101 42120 215 059602 9/27/2022 SHIFT TECHNOLOGIES, INC. FD remove laptop from domain $70.00 105 42210 215 059602 9/27/2022 SHIFT TECHNOLOGIES, INC. PD email repair‐ Munden $95.20 101 42120 215 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 ($13.68) 101 43120 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 ($13.68) 101 45202 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 ($7.69) 101 42152 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 $648.01 602 49450 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 $217.82 101 45202 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 $217.82 101 43120 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 $123.37 101 42152 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 ($43.63) 602 49450 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 ($25.20) 601 49440 235 059603 9/27/2022 SPEEDWAY fuel purchases 8/24‐9/23/22 $402.34 601 49440 235 059604 9/27/2022 TIREMAXX SERVICE CENTERS towmaster trailer tire repair $9.98 602 49450 230 059604 9/27/2022 TIREMAXX SERVICE CENTERS towmaster trailer tire repair $9.99 101 43120 230 059604 9/27/2022 TIREMAXX SERVICE CENTERS towmaster trailer tire repair $9.99 601 49440 230 059604 9/27/2022 TIREMAXX SERVICE CENTERS wingdeck mower tube $23.05 101 45202 230 059604 9/27/2022 TIREMAXX SERVICE CENTERS towmaster trailer tire repair $9.99 101 45202 230 059605 9/27/2022 TOTAL CONTROL SYSTEMS, INC WTP1 chemical flow meter, Perm tank & tower mixer  to SCADA update SCADA microsoft $584.10 601 49420 300 059605 9/27/2022 TOTAL CONTROL SYSTEMS, INC WTP1 chemical flow meter, Perm tank & tower mixer  to SCADA update SCADA microsoft $584.10 601 49435 300 059606 9/27/2022 WATAB INC old fire hall ‐ sewer camera and locate services $200.00 601 49420 220 059606 9/27/2022 WATAB INC Millstream septic repair $465.37 101 45202 220 059606 9/27/2022 WATAB INC demo bleachers, batting cages, fencing Millstream  softball field $7,200.00 490 45202 300 059607 9/27/2022 WEISMAN CLEANING INC Sept gov center cleaning $1,064.05 101 41942 300 Total Bills Payables - Waiting Council Approval $17,842.47 EFTs & Payroll 99,164.33         Bills Paid Prior to Council 144,897.74       Bills Waiting for Council 17,842.47         Total Bills Payable 261,904.54       Summary: CITY OF ST JOSEPH Bills Payable – Checks Not Mailed Awaiting Council Approval Council Agenda Item MEETING DATE: October 3, 2022 AGENDA ITEM: Purchase 2023 Ford Explorer SUBMITTED BY: Police Department BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: This vehicle likely will not be built until March 2023 according to the fleet manager or later due to the back log of vehicles. Vehicle is set to be replaced next year but Tenvordee is currently taking orders now for vehicles to be built in 2023. BUDGET/FISCAL IMPACT: Budgeted Item ATTACHMENTS: Attached State Contract price REQUESTED COUNCIL ACTION: Replace 2017 Ford Explorer with the purchase of a new 2023 Ford Explorer 4c Council Agenda Item MEETING DATE: October 3, 2022 AGENDA ITEM: Subordination Agreement Transfer SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: Council accepted MN Small Cities Housing Rehab grant from DEED and contracted with Central MN Housing Partnership to administer the grant. BACKGROUND INFORMATION: The 2018 housing grant award was completed in 2021. One of the homeowners is entering into a second mortgage on their home and is requesting to send the subordination agreement for the housing grant liens to the new financial institution. Upon council approval, staff will forward the agreement. The balance due on the forgivable loans is $12,110.86 as of 11/15/22. BUDGET/FISCAL IMPACT: none ATTACHMENTS: Subordination Request Subordination Agreements REQUESTED COUNCIL ACTION: Consider transfer of subordination agreements. 4d 1 Lori Bartlett From:Lisa Winters <lisaw@scfcu.org> Sent:Friday, September 23, 2022 11:27 AM To:Lori Bartlett Subject:Subordination Hi Lori,   Here are the two that we need subordinated.  We are processing a 2nd fixed mortgage for $28,000.   I’m not sure what  other information you may need but let me know and I can gather it.        One additional question.  How much does the subordination’s cost?  And will there be two…         St. Cloud Financial Credit Union   3030 1st Street S   Saint Cloud, MN 56301      Thank you Lori and have a great day!      Lisa Winters Mortgage Specialist NMLS #423384 St. Cloud Financial Credit Union 3030 1st Street S St. Cloud, MN 56301 office 320‐258‐2176 fax 320‐258‐2171 lisaw@scfcu.org       Total Control Panel Login  2 To: lbartlett@cityofstjoseph.com  From: lisaw@scfcu.org    Remove this sender from my allow list    You received this message because the sender is on your allow list.    Page 1 of 2 [Space above This Line for Recorder’s Use] SUBORDINATION AGREEMENT FOR VALUABLE CONSIDERATION, this Subordination Agreement is made on this 3rd day of October 2022 by the City of St. Joseph, a Minnesota public body, corporate and politic (“City”) whose address is 75 Callaway St E, St. Joseph, MN 56374. WHEREAS, the Lienholder is the holder of a mortgage/deed of trust/lien in the principal amount of $18,069.00 executed by Jose A. Barajas, a single person (the “Borrower”), dated April 4, 2019 and recorded on November 15, 2019 in the Office of the Stearns County Recorder as Document No. A1557023 (“Lienholder’s Lien”), covering the property commonly known as 810 Dale St., St. Joseph, MN 56374 (the “Property”) and legally described as: Situated in the County of Stearns, State of MN: Lots Four (4) in Block Five (5) of Cloverdale Estates 4th Addition, City of St. Joseph, Stearns County, Minnesota Tax ID No.: 84.53475.0062 WHEREAS, St. Cloud Financial Credit Union intends to make a loan to the Borrower in a principal amount not to exceed $28,000.00 and dated on or about October 3, 2022 to be secured by a mortgage/deed of trust granted to Mortgage Electronic Registration Systems Inc., as nominee for St. Cloud Financial Credit Union, its successors and or assigns, covering the Property (“St. Cloud Financial Credit Union”), and WHEREAS St. Cloud Financial Credit Union will only make the loan to the Borrower provided that Lienholder’s Lien is subordinate to St. Cloud Financial Credit Union, and WHEREAS Lienholder intends that St. Cloud Financial Credit Union’s Lien be prior and superior to Lienholder’s Lien. NOW, THEREFORE, it is agreed that in consideration of one dollar and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Lienholder agrees to subordinate and make Lienholder’s Lien subordinate and junior in all respects to St. Cloud Financial Credit Union’s Lien. Page 2 of 2 CITY OF ST. JOSEPH, a Minnesota public body, corporate and politic By: Rick Schultz Its: Mayor By: Therese Haffner Its: Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) This instrument was acknowledged before me on this 3rd day of October, 2022, by Rick Schultz as Mayor and Therese Haffner, as Administrator of the City of St. Joseph, a Minnesota public body, corporate and politic, on behalf of said city. Notary Public Drafted by: City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 320-363-7201 Page 1 of 2 [Space above This Line for Recorder’s Use] SUBORDINATION AGREEMENT FOR VALUABLE CONSIDERATION, this Subordination Agreement is made on this 3rd day of October 2022 by the City of St. Joseph, a Minnesota public body, corporate and politic (“City”) whose address is 75 Callaway St E, St. Joseph, MN 56374. WHEREAS, the Lienholder is the holder of a mortgage/deed of trust/lien in the principal amount of $3,125.00 executed by Jose A. Barajas, a single person (the “Borrower”), dated April 4, 2019 and recorded on November 15, 2019 in the Office of the Stearns County Recorder as Document No. A1557024 (“Lienholder’s Lien”), covering the property commonly known as 810 Dale St., St. Joseph, MN 56374 (the “Property”) and legally described as: Situated in the County of Stearns, State of MN: Lots Four (4) in Block Five (5) of Cloverdale Estates 4th Addition, City of St. Joseph, Stearns County, Minnesota Tax ID No.: 84.53475.0062 WHEREAS, St. Cloud Financial Credit Union intends to make a loan to the Borrower in a principal amount not to exceed $28,000.00 and dated on or about October 3, 2022 to be secured by a mortgage/deed of trust granted to Mortgage Electronic Registration Systems Inc., as nominee for St. Cloud Financial Credit Union, its successors and or assigns, covering the Property (“St. Cloud Financial Credit Union”), and WHEREAS St. Cloud Financial Credit Union will only make the loan to the Borrower provided that Lienholder’s Lien is subordinate to St. Cloud Financial Credit Union, and WHEREAS Lienholder intends that St. Cloud Financial Credit Union’s Lien be prior and superior to Lienholder’s Lien. NOW, THEREFORE, it is agreed that in consideration of one dollar and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Lienholder agrees to subordinate and make Lienholder’s Lien subordinate and junior in all respects to St. Cloud Financial Credit Union’s Lien. Page 2 of 2 CITY OF ST. JOSEPH, a Minnesota public body, corporate and politic By: Rick Schultz Its: Mayor By: Therese Haffner Its: Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF STEARNS ) This instrument was acknowledged before me on this 3rd day of October, 2022, by Rick Schultz as Mayor and Therese Haffner, as Administrator of the City of St. Joseph, a Minnesota public body, corporate and politic, on behalf of said city. Notary Public Drafted by: City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 320-363-7201 Council Agenda Item 4e MEETING DATE: October 3, 2022 AGENDA ITEM: FEMA Grant Acceptance SUBMITTED BY: Fire Department BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The Fire Board approved the hiring of a grant writer for various FEMA grants on behalf of the Fire Department. The Department was notified earlier this month that they have been awarded $43,027.61 through the Assistance to Firefighters Grant (AFG). The funds will be used for new battery-operated extrication equipment. ATTACHMENTS: Award Letter REQUESTED COUNCIL ACTION: Accept the Assistance to Firefighters Grant in the amount of $43,027.61. Council Agenda Item 4f MEETING DATE: October 3, 2022 AGENDA ITEM: Fall/Winter Recreation Seasonal Hire SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Recreation Director Rhonda Juell will continue having recreation programs in the fall and winter. With those programs, there is an additional need for a seasonal to help facilitate those activities. The recommendation is to hire Thea Oman for fall/winter recreation seasonal for $12 per hour contingent on a clean background check. ATTACHMENTS: None REQUESTED COUNCIL ACTION: Approve the hire of Thea Oman for fall/winter recreation seasonal for $12 per hour contingent upon a clean background check. Council Agenda Item MEETING DATE: October 3, 2022 AGENDA ITEM: Off-Premise Gambling Permit SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCL ACTION: BACKGROUND INFORMATION: The Council must review and accept gambling permits that will allow for lawful gambling at specific sites. The St. Joseph Booster Club has submitted an application to conduct lawful gambling at Sal’s Bar & Grill, 109 MN ST W. Per Ordinance 602, each organization conducting lawful gambling within the City of St. Joseph shall annually expend at least 10% of its net proceeds from gambling within the trade area of the City of St. Joseph. The trade area is defined as an area within 15 miles of the City limits. Gambling reports are submitted to the Finance Director on a quarterly basis. ATTACHMENTS: Gambling Application Resolution 2022-048 REQUESTED COUNCIL ACTION: Approve Resolution 2022-048 approving application to conduct off-site gambling for the St. Joseph Booster Club at Sal’s Bar & Grill, 109 MN St W. 4g RESOLUTION 2022-048 RESOLUTION APPROVING APPLICATION FOR PREMISE PERMIT FOR ST. JOSEPH BOOSTER CLUB WHEREAS, Ordinance 602 of the St. Joseph Code of Ordinances outlines the regulations regarding lawful gambling activities; and WHEREAS, the St. Joseph Booster Club has submitted the required applications; and WHEREAS, the St. Joseph Booster Club has historically complied with all the requirements of Ordinance 602 of the St. Joseph Code of Ordinances. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: the application submitted by the St. Joseph Booster Club to conduct lawful gambling at Sal’s Bar and Grill, 109 Minnesota Street West, St. Joseph, MN 56374, is hereby approved. ADOPTED by the City Council this 3rd day of October , 2022. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST Therese Haffner, Administrator Council Agenda Item 5 MEETING DATE: October 3, 2022 AGENDA ITEM: Central MN Take Back the Night – Street Closure SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: Dani Lindner with the College of St. Benedict submitted a Special Event Application for the Central MN Take Back the Night Event on October 13, 2022. As part of the request, event organizers are requesting the closure of College Avenue from MN Street to the south entrance of CSB and MN Street from College Ave to the north entrance of CSB. The portions of the streets will be closed for approximately a half hour. As indicated in the attached map, the march will begin and end on campus. Central MN Take Back the Night is a community event to raise awareness of the sexual and domestic violence communities face every day. The application has been reviewed by the various city departments and no issues were indicated. ATTACHMENTS: Event Application REQUESTED COUNCIL ACTION: Approve the street closures for Central MN Take Back the Night on October 13, 2022. Council Agenda Item MEETING DATE: October 3, 2022 AGENDA ITEM: Early Redemption of Outstanding Debt SUBMITTED BY: Finance BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: Council reviewed the Debt Management Study presented by Northland Securities. BACKGROUND INFORMATION: Northland Securities reviewed the City of St. Joseph’s outstanding debt for opportunities to early redeem any issue. There are two debts that could be redeemed early in November. If council is interested, staff would follow up with a redemption resolution for council to pass. Consideration of the redemptions follow below. 2010B GO Improvement Bonds, Fund 345: This bond paid for the 16th Ave SE street utilities and reconstruction project. The bonds are paid for with special assessments, debt levy and storm water revenue. The payoff amount is $185,000 and would come from current fund balance, storm water fees and $90,000 from Fund 390 debt relief reserves. The early call would result in interest savings of $12K (2.9-3.25% rate) and reduce the 2023 debt levy $12,000. 2015A GO Improvement Bonds, Fund 351: This bond paid for the Clinton Village and Northland 1, 2, 3 street overlay project. The bonds are paid for with special assessments and debt levy. The payoff amount is $185,000 and would come from current fund balance and $103,000 from Fund 390 debt relief reserves. The early call would result in interest savings of $11K (3% rate) and reduce the 2023 debt levy $30,000. Any remaining assessment balance we be deposited into Fund 390 as they come in over the next couple years. The 2017B GO improvement bonds, Fund 305, are also a candidate for an early call. Staff is not suggesting to call this bond in 2022 due to the high amount of Fund 390 debt relief reserves needed to complete the call ($190,000). Also note, this does look favorably to bond ratings to early defease and reduce the City’s debt liability. BUDGET/FISCAL IMPACT: $23K interest savings $370,000 principal paid early ATTACHMENTS: none REQUESTED COUNCIL ACTION: provide direction for staff to bring back resolutions to early defease the recommended 2010B and 2015A debts. 6 Council Agenda Item 7 MEETING DATE: October 3, 2022 AGENDA ITEM: City Administrator Recruitment SUBMITTED BY: Administration PREVIOUS COUNCIL ACTION: On September 19, 2022 the City Council directed staff to request proposals from GovHR and AME Consulting to provide recruitment/search services for a new City Administrator. BACKGROUND INFORMATION: With the City Administrator vacancy, the council determined to utilize a search consultant to recruit a new City Administrator. A city can generally expect a recruitment process to take 90 -120 days plus an additional 30-45 days for a candidate to start after a contract is approved. Staff will identify tasks to be transferred to existing staff in the immediate, including but not limited to union negotiations to Finance Director Lori Bartlett. Additionally, an Interim City Administrator will serve the City while the recruitment process is underway. The City of Becker worked with Charlene Stevens of GovHR and were pleased with their services. Anita Archambeau with AME Solutions & Strategies (former Sartell Assistant City Administrator/Community Development Director) comes highly recommended as well. BUDGET/FISCAL IMPACT: $10,000 to $23,500 ATTACHMENTS: GovHR Search Proposal AME Consulting Search Proposal and work samples REQUESTED COUNCIL ACTION: Consider proposals from GovHR and AME Consulting. A formal motion is requested to approve consulting firm. City of St. Joseph, Minnesota Request for Proposal City Administrator Recruitment & Selection September 21, 2022 GovHRUSA GovTEMPSUSA 630 Dundee Road Suite 225 Northbrook, IL 60062 Primary Contact Person: Laurie Pederson Director of Administrative Services 847-380-3198 LPederson@GovHRusa.com M71 GOVHR USA GOVTEMPS USA Table of Contents FirmProfile....................................................................................................................................................3 OurLeadership.......................................................................................................................................... 3 WhyChoose GovHR?................................................................................................................................4 OurTeam...................................................................................................................................................... 5 References.................................................................................................................................................... 6 Project Approach and Methodology............................................................................................................. 7 Phase I: Position Assessment, Position Announcement & Brochure........................................................7 Phase II: Advertising, Candidate Recruitment & Outreach.......................................................................7 Phase III: Candidate Evaluation & Screening............................................................................................8 Phase IV: Presentation of Recommended Candidates.............................................................................8 Phase V: Interviewing Process & Background Screening..........................................................................8 Phase VI: Appointment of Candidate........................................................................................................ 9 ProjectTimeline.......................................................................................................................................... 10 Commitment to Diversity, Equity & Inclusion in Recruitments.................................................................. 10 Recruiting During the Great Resignation.................................................................................................... 11 Full Scope Recruitment— Price Proposal.................................................................................................... 12 The GovHR Guarantee — Full Scope Recruitment....................................................................................... 13 ContractSignature Page............................................................................................................................. 14 OptionalServices........................................................................................................................................ 15 Attachments Consultant Biography Client List 2 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Firm Profile GovHR is a public management consulting firm serving local government clients and other public -sector entities across the country. The firm was originally formed as Voorhees Associates in 2009 and changed its name to GovHR USA in 2013. Our headquarters are in Northbrook, Illinois. We are a certified Female Business Enterprise in the State of Illinois and work exclusively in the public and non-profit sectors. GovHR offers customized executive recruitment services, management studies and consulting projects for local government and organizations who work with local government. GovHR has 21 full-time and 8 permanent part-time employees including 6 full-time recruiters and 26 additional project consultants. Our employees and project consultants are located across the country, giving us a national presence. Additionally, GovTempsUSA, GovHR's subsidiary, provides interim staffing solutions to keep operations moving during the recruitment process. Our consultants are experienced executive recruiters who have conducted over 1,000 recruitments, working with cities, counties, special districts, and other governmental entities of all sizes throughout the country. In addition, we have held leadership positions within local government, giving us an understanding of the complexities and challenges facing today's public sector leaders. Our Leadership Heidi Voorhees President 847-380-3240 HVoorhees@GovHRusa.com Ms. Voorhees has conducted more than 400 recruitments in her management consulting career, with many of her clients being repeat clients, attesting to the high quality of work performed for them. In addition to her 17 years of executive recruitment and management consulting experience, Ms. Voorhees has 19 years of local government leadership and management service, including ten years as Village Manager for the Village of Wilmette, Illinois. Joellen Cademartori Chief Executive Officer 847-380-3238 JCademartori@GovHRusa.com Ms. Cademartori is a seasoned manager, with expertise in public sector human resources management. She has held positions from Human Resources Director and Administrative Services Director to Assistant Town Manager and Assistant County Manager. Ms. Cademartori has worked informs of government ranging from Open Town Meeting to Council -Manager and has supervised all municipal and county departments ranging from Public Safety and Public Works to Mental Health and Social Services. 3 City of St. Joseph, Minnesota - City Administrator GOVHR USA GOVTEMPS USA Why Choose GovHR? Unparalleled Expertise and Level of Service: We are a leader in the field of local government recruitment and selection with experience in 41 states, in communities ranging in population from 1,000 to 3,000,000. Since our establishment in 2009, more than 40% of our clients are repeat clients showing a high level of satisfaction with our work. We encourage you to call any of our previous clients. Surveys of our clients show that 94% rate their overall experience with our firm as Outstanding and indicate that they plan to use our services or highly recommend us in the future. Delivering the Best: We conduct comprehensive due diligence on candidates. Our state-of-the-art process, includes extensive use of social media for candidate outreach and video interviews with potential finalist candidates, ensure a successful recruitment for your organization. Our high quality, thorough Recruitment Brochure reflects the knowledge we will have about your community and your organization and will provide important information to potential candidates. Additionally, before we recommend a candidate to you, we will have interviewed them via video, conducted reference calls, and news media and social media searches. Our knowledge of local government ensures that we can ask probing questions that will verify their expertise. A Partner from Start to Finish: We are your partners in this important process. You are welcome to review all the resumes we receive, and we will share our honest assessment of the candidates. Our goal is your complete satisfaction. We can strategize with you on a variety of approaches for meeting your recruiting needs, including evaluation of internal candidates, identification of non-traditional candidates who meet your recruitment requirements, succession planning and mentoring options. We are committed to working with you until you find the candidate that is the best fit for your position. Services for Any Budget and Any Search: We strive to meet the specific needs of our clients. We offer several options for recruitment services to meet your needs and your budget. Our services range from Full Executive Recruitments to Virtual Recruitments and even simply Professional Outreach for those who want to reach a broader network. In the following proposal, we have provided the scope we believe that best fits your needs. However, you may find all our services here on our website. 4 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Our Team GovHR employs a team of professionals with backgrounds in local government and the not -for -profit sector. With your staff needs in mind and due to the significance of this recruitment, we have assigned our highly knowledgeable and experienced Senior Vice President Charlene Stevens. She will act as your project manager and primary point of contact for this project. She will be responsible for your recruitment and selection process. Her full biography can be found as part of the Appendix and her client list is available on our website. Protect Manager & Main Point of Contact Charlene Stevens Senior Vice President 320-262-0303 CStevens@GovHRusa.com Proposal Inquiries Laurie Pederson Client Services & Administrative Director 847-380-3198 LPederson@GovHRusa.com City of St. Joseph, Minnesota - City Administrator GOVHR USA GOVTEMPS USA References We area proven leader in public sector consulting. More than one-third of the organizations served by GovHR are repeat clients. Our team provides a growing pool of highly qualified candidates who are well - suited to handle the challenges and expectations of professional positions in local government and the not -for -profit sector. The following references can speak to the quality of service provided by GovHR. Becker, MN City Administrator, 2022) Julie Blesi, City Clerk/HR Manager/Safety & Risk Manager 12060 Sherburne Avenue Becker, MN 55308 763-200-4247 iblesi@ci.becker.mn.us Buffalo, MN Assistant City Administrator, 2021) Shelby Pahl, Human Resources Manager 212 Central Ave. Buffalo, MN 55313 763-684-5424 Shelby.pahl@ci.buffalo.mn.us St. Louis Park, MN City Manager, 2021) Jake Spano, Mayor 5005 Minnetonka Blvd. St. Louis Park, MN 55416 952-928-1448 Jspano@stlouispark.org 6 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Project Approach and Methodology A typical recruitment and selection process takes approximately 175 hours to conduct. At least 50 hours of this time is administrative, including advertisement placement, reference interviews, and due diligence on candidates. We believe our experience and ability to professionally administer your recruitment will provide you with a diverse pool of highly qualified candidates for your position search. GovHR clients are informed of the progress of their recruitment throughout the entire process. We are always available by mobile phone or email should you have a question or need information about the recruitment. Phase I: Position Assessment, Position Announcement & Brochure GovHR treats each executive recruitment as a transparent partnership with our client. We believe in engaging with stakeholders early in each recruitment process to fully understand the challenges and opportunities inherent in the position. Understanding the organizational culture is critical to a successful recruitment. We gain this insight and information through meetings (one on one and small groups), surveys and a review of relevant information. This information is reflected in a polished marketing piece that showcases the organization and the area it serves. Information Gathering: One-on-one or group interviews with stakeholders identified by the client. GovHR can establish a dedicated email address for feedback from stakeholders or the community. Community forums (In -person or via video) can be used to gather input and feedback. Surveys can be used for department personnel and/or the community to gather feedback. Conversations/interviews with department heads. A combination of the above items can be used to fully understand community and organizational needs and expectations for the position (this proposal includes 12 hours of meetings — additional meetings can be added for a fee of $125/hours plus actual expenses if incurred. Dedicated email address and one organizational survey are included. Community Survey can be conducted for $2,500. Community Forums can be conducted as an optional service. Development of a Position Announcement to be placed on websites and social media. Development of a thorough Recruitment Brochure for client review and approval. Agreement on a detailed Recruitment Timetable — a typical recruitment takes between 90 to 120 days from the time you sign the contract to appointment of the finalist candidate. Phase II: Advertising, Candidate Recruitment & Outreach We make extensive use of social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. In addition, our website is well known in the local government industry we typically have 14,000+ visits monthly to our website and career center. Additionally, our weeklyjobs listings are sent to over 7,000 subscribers. Phase II will include the following: GovHR consultants will personally identify and contact potential candidates. Develop a database of potential candidates from across the country unique to the position and to the Client, focusing on: 7 City of St. Joseph, Minnesota - City Administrator GOVHR USA GOVTEMPS USA o Leadership and management skills o Size of organization o Experience in addressing challenges and opportunities also outlined in Phase I o The database will range from several hundred to thousands of names and an email blast will be sent to each potential candidate. Placement of the Position Announcement in appropriate professional online publications: o Public sector publications & websites (approximately 20 online sources) o Social media: Linkedln (over 20,000 connections), Facebook, Instagram and Twitter o GovHR will provide you with a list of advertising options for approval Phase III: Candidate Evaluation & Screening Phase III will include the following steps: Review and evaluation of candidates' credentials considering the criteria outlined in the Recruitment Brochure Candidates will be narrowed down to those candidates that meet the qualification criteria Candidate evaluation process: o Completion of a questionnaire explaining prior work experience o Live Video Interview (45 minutes to 1 hour) conducted by consultant with each finalist candidate o References provided by the candidate are contacted o Internet/Social Media search conducted on each finalist candidate All resumes will be acknowledged and inquiries from candidates will be personally handled by GovHR, ensuring that the Client's process is professional and well regarded by all who participate. Phase IV: Presentation of Recommended Candidates Phase IV will include the following steps: GovHR will prepare a Recruitment Report presenting the credentials of those candidates most qualified for the position. GovHR will provide an electronic recruitment portfolio which contains the candidates' materials along with a "mini" resume for each candidate so that each candidate's credentials are presented in a uniform way. Client will receive a log of all applicants and may review resumes if requested. Report will arrive in advance of the Recruitment Report Presentation. GovHR will spend approximately 2 hours with the Client reviewing the recruitment report and providing additional information on the candidates. Phase V: Interviewing Process & Background Screening Phase V will include the following steps: GovHR will: Develop the first and second round interview questions for your review and comment Coordinate candidate travel and accommodations 8 City of St. Joseph, Minnesota - City Administrator GOVHR USA GOVTEMPS USA Provide you with an electronic file that includes: o Candidates' credentials o Set of questions with room for interviewers to make notes o Evaluation sheets to assist interviewers in assessing the candidate's skills and abilities Background screening will be conducted along with additional references contacted: GovHR USA Background Screening Social Security Trace & Verification County/Statewide Criminal U.S. Federal Criminal Search Civil Search Enhanced Verified National Criminal Bankruptcy, Leans and Judgements National Sex Offender Registry Motor Vehicle Record Most Wanted Lists FBI, DEA, ATF, Education Verification —All Degrees Earned Interpol Optional: Credit Report —Transunion with score OFAC Terrorist Database Search based on position and state laws) OIG, GSA, SAM, FDA Optional: All felonies and misdemeanors Professional License Verification reported to the National Database Drug Screen Employment Verification GovHR will work with you to develop an interview schedule for the candidates, coordinating travel and accommodations. GovHR consultants will be present for all the interviews, serving as a resource and facilitator. GovHR will coordinate a 2-Step Interview process. The first round interviews will include four to five candidates. The second round interviews will include two or three candidates. GovHR will supply interview questions and an evaluation form. In addition to a structured interview, the schedule can incorporate: Tour of Client facilities Interviews with senior staff Phase VI: Appointment of Candidate GovHR will assist you as much as you request with the salary and benefit negotiations and drafting of an employment agreement, if appropriate. GovHR will notify all applicants of the final appointment, providing professional background information on the successful candidate. 9 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Project Timeline Weeks 1 & 2 Phase 1: Interviews & Brochure Development Weeks 3 thru 6 Phase 2: Advertising, Candidate Recruitment & Outreach Weeks 7 thru 9 Phase 3: Candidate Evaluation & Background Screening Week 10 Phase 4: Presentation of Recommended Candidates Week 11 & 12 Phase 5: Interview Process & Additional Background Screening Weeks 13 & 14 Phase 6: Appointment of Candidate Commitment to Diversity, Equity & Inclusion in Recruitments GovHR has a long-standing commitment to Equity, Diversity and Inclusion in all of our recruitment and selection processes. Since our firm's inception we have supported, with our time and financial resources, organizations that advance women and other underrepresented minorities in local government. These include the National Forum for Black Public Administrators, the Local Government Hispanic Network, The League of Women in Government and CivicPride. GovHR Team Members have moderated and spoken on DEI initiatives at the International City and County Management Association conference and state conferences in Illinois, Michigan, Wisconsin, and North Carolina. Our employees and consultants have undergone Implicit Bias Training and we are frequent speakers on incorporating DEI values into recruitment and selection processes. We have a list of DEI resources on the front page of our website (https://www.govhrusa.com/diversity-equity-and- inclusion-resources/) that can be accessed by anyone who visits our website. GovHR has formally partnered with the National Forum for Black Public Administrators' consulting arm, i4x, in several recruitment and selection processes throughout the country including Toledo, OH, Fort Collins, CO, Ann Arbor, MI, Oakland, MI and Arlington, TX. Our partnership reflects our mutual commitment to advancing DEI values and increasing the diversity of local government leaders at the highest levels of local government organizations. 10 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Recruiting During the Great Resignation The GovHR team is aware of the lasting impact that the Great Resignation has had on nearly all local government positions. Data shows annual quit rates have been at record highs the past two years. Additionally, there is a growing trend of public workers accelerating retirement plans, a drastic change from when workers were postponing retirement. Our team of consultants work diligently to ensure the success of each recruitment and will be transparent upfront and throughout the process regarding any obstacles or delays they anticipate. Despite these challenging times, we have still seen a tremendous amount of success in our recruitments largely due to our consultants' outreach methods and our team's marketing strategies. GovHR'S RECOMMENDATIONS TO RECRUIT AND RETAIN TOP TALENT esponsive: Roll out the Welcome Mat! Candidates may struggle with relocating for a new position as well as be concerned about the "fit" with a new team. It is important to include costs for your top candidate(s) to travel to your location for the final interview process. Our team will work with you to create a welcoming, informative experience for both you and the candidate(s). ncouraging: Employee development is a must -have in today's market. Candidates appreciate their employer investing in them as much as they are investing themselves in the job. Consider "up and coming" candidates who may lack one or two preferred skills and assign a mentor or invest in a course to encourage their professional development. A mentor/training program will also help establish a peer -to -peer connection and make them feel more comfortable about the transition to a new job. ompetitive: Our team will guide you in offering a competitive market rate compensation and competitive benefits package attractive to today's candidates. Competitive employers must include relocation expenses and should consider signing bonuses and temporary housing. esourceful: Review your job description — do you need public sector experience? Are the years' experience you list essential, or can that be preferred? Consider a more resourceful approach when reviewing candidates' experience. Carefully consider requirements such as CPA, Professional Engineer and others that will limit your talent pool — consider using the word "ideally" or "preferably." nderstanding: These past few years have, without a doubt, changed the work environment. Competitive employers have recognized this and are offering flexible/hybrid/remote work options. Those positions that offer this type of flexibility consistently receive a better candidate response rate. nnovative: Think about what is unique and attractive about your community and organization and highlight that in your recruitment efforts. Talk about organizational culture and what your values are with respect to your employees. GovHR will assist you in being as innovative as possible in your outreach. Transparent: Some states now mandate listing salary ranges in anyjob advertisements or postings. More and more companies are now showing at least a salary range in their postings to promote pay transparency and equity. Post the salary range you will use for hiring — it is public information if we make it too difficult for candidates to find out the salary, they will move on to the next opportunity. 11 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Full Scope Recruitment — Price Proposal Summary of Costs: Full Scope Price Recruitment Fee: $19,500 Recruitment Expenses: (not to exceed) $1,500 Expenses include candidate due diligence efforts Advertising: $2,500* Advertising costs over $2,500 will be placed only with client approval. If less than $2,500, Client is billed only for actual cost. 23,500** Consultant travel expenses are not included in the price proposal. If the consultant is requested to travel to the client, travel costs will be estimated at time of request. Only actual expenses will be billed to the client for reimbursement to GovHR. Possible in -person meetings could include: 1. Recruitment brochure interview process 2. Presentation of recommended candidates 3. Interview Process Any additional consultant visits requested by the Client (beyond the three visits listed above) will be billed at $125/hour; $500 fora half day and $950 fora full day. The additional visits may also result in an increase in the travel expenses and those expenses will be billed to the client. This fee does not include travel and accommodations for candidates interviewed. Payment for Fees & Services Professional fees and expenses will be invoiced as follows: k, Invoice upon acceptance of proposal: 2nd Invoice upon recommendation of candidates: Final Invoice upon completion: 40% of the Recruitment Fee 40% of the Recruitment Fee 20% of the Recruitment Fee plus all expenses Payment of invoices is due within thirty (30) days of receipt (unless the client advises that its normal payment procedures require 60 days.) 12 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA The GovHR Guarantee — Full Scope Recruitment GovHR is committed to assisting our clients until a candidate is appointed to the position. Therefore, no additional professional fee will be incurred if the client does not make a selection from the initial group of recommended candidates and requests additional candidates be developed for interview consideration. If additional advertising beyond the Phase I advertising is requested, client will be billed for actual advertising charges. Reimbursable expenses may be incurred should the recruitment process require consultant travel to the Client. Upon appointment of a candidate, GovHR provides the following guarantee: should the selected and appointed candidate, at the request of the Client or the employee's own determination, leave the employ of the Client within the first 12 months of appointment, we will, if desired, conduct one additional recruitment for the cost of expenses and announcements only. This request must be made within 6 months of the employee's departure. 13 City of St. Joseph, Minnesota - City Administrator GovHR USA GOVTEMPS USA Contract Signature Page We believe we have provided you with a comprehensive proposal; however, if you would like a service that you do not see in our proposal, please let us know. We can most likely accommodate your request. This proposal will remain in effect for a period of six months from the date of the proposal. We look forward to working with you on this recruitment and selection process! City of St. Joseph, Minnesota agrees to retain GovHR USA, LLC ("GovHR") to conduct a City Administrator Recruitment in accordance with its proposal dated September 21, 2022. The terms of the proposal are incorporated herein and shall become a part of this contract. ACCEPTED: City of St. Joseph, Minnesota By: Title: Date: Billing Contact: Billing Contact Email: GovHR USA, LLC By: Title: Date: 14 City of St. Joseph, Minnesota - City Administrator M71 GOVHR USA GOVTEMPS USA Optional Services GovTemps USA Need an Interim? GovTempsUSA, a subsidiary of GovHR USA, specializes in the temporary placement of positions in local government. The firm offers short-term assignments, in addition to long-term and outsourced arrangements. Our placement professionals at GovTempsUSA have typically enjoyed distinguished careers in local government and displayed a commitment to public service throughout their career. Recorded One -Way Video Interview of Candidates Candidates we recommend for your consideration can complete a one-way video interview with 3 to 5 questions that will be recorded and which you can review electronically at your convenience. This can occur prior to making your decision on which candidates to invite for an interview. Cost $100 per candidate. Leadership/Personality Testing GovHR has experience working with a wide variety of leadership and personality assessment tools, depending on the qualities and experiences the client is seeking in their candidates. These include but are not limited to Luminaspark, Caliper, DISC and others. Depending on the evaluation type selected fees can range between $100 to $500 per candidate. 360' Evaluation As a service to the Client, we offer the option to provide you with a proposal for a 360° performance evaluation for the appointed position at six months into his or her employment. This evaluation will include seeking feedback from both elected officials and department directors, along with any other stakeholder the Client feels would be relevant and beneficial. This input will be obtained on a confidential basis with comments known only to the consultant. If you are interested in this option, GovHR will prepare a proposal for this service. 15 City of St. Joseph, Minnesota - City Administrator GovHR usa GOVTEMPS USA Ms. Stevens has over twenty years of experience in municipal management. Ms. Stevens has worked in both county and city government and her career covers work in urban, suburban and rural communities. Her career has spanned three states: Minnesota, Kansas and Pennsylvania. Ms. Stevens has expertise in community and civic engagement, having started her career in neighborhood services and led community wide visioning and strategic planning efforts for two different communities. Ms. Stevens' strength is her ability to develop strong partnerships with multiple and diverse stakeholders. Through those partnerships, Ms. Stevens helps communities develop consensus and achievable plans. Ms. Stevens' results -oriented management has included projects that have expanded parks and preserved greenspace in rapidly developing communities, developed a workforce training center for a large urban county, led downtown development plans for two communities and created mentoring and training programs for city staff. Ms. Stevens has appreciated the opportunity to mentor many young professionals, including helping to establish women's mentoring groups in three different communities. PROFESSIONAL EDUCATION Master of Public Administration, University of Kansas, Lawrence, Kansas Bachelor of Arts, International Relations, Pomona College, Claremont, California Leadership Wichita Graduate PROFESSIONAL DEVELOPMENT AND SPEAKING ENGAGEMENTS Instructor, International City and County Management Association (ICMA), Emerging Leaders Development Program Instructor, ICMA Mid -Career Institute MEMBERSHIPS AND AFFILIATIONS International City and County Management Association (ICMA) Current Member ICMATask Force on Welcoming New Members - Chair, 2009 - 2015 ICMATask Force on Women in the Profession - Member 2012-2014 ICMA Regional Vice President - ICMA Executive Board Member, 2003 - 2006 ICMA Committee of Professional Conduct - Chair, 2006 ICMA Conference Host Committee - Co Chair, 2002 ICMA Conference Planning Committee - Member, 2001 and 2002 ICMATask Force on Small Communities - Member, 1999-2001 League of Minnesota Cities (LMC) - Board Member, 2013 - 2015 Coalition of Greater Minnesota Cities (CGMC) - Board Member, 2011-2015 Minnesota City and County Management Association (MCMA) - Current Member MCMA Task Force on Women in the Profession - Current Member YMCA of Woodbury Community Board - Current Member and Board Vice Chair KUCIMAT President - University of Kansas, 2013 - 2014 Willmar Area Rotary, 2011 - 2015 Kansas Association of City and County Managers (KACM) - Member, 2006 - 2011 Association of Pennsylvania Municipal Managers (APMM) - Member, 1997 - 2006 PROFESSIONAL BACKGROUND Over 20 Years of Local Government Leadership and Management Experience City Administrator, Cottage Grove, MN 2015-2018 City Administrator, Willmar, MN 2011-2015 Assistant County Manager, Sedgwick County, KS 2006-2011 Assistant Township Manager, Lower Gwynedd, PA 1999-2006 Assistant Township Manager, Buckingham, PA 1997-1999 Neighborhood Assistant, City of Wichita, KS 1995-1996 1111111h.- 1 GovH R USA GovTEMPS USA City Managment Client List STATE CLIENT POSITION POPULATION YEAR Alabama Lee County Chief Administrative Officer 166,831 2021 Alaska Bethel City Manager 6,500 2019 Homer City Manager (Professional Outreach) 5,300 2019 Seward City Manager 2,693 2019 Unalaska City Manager 4,768 2017 Arizona Buckeye City Manager 69,744 2021 Colorado Eagle Town Manager 6,739 2017 Englewood City Manager 34,957 2019 Connecticut Cheshire Town Manager 29,261 2017 East Hampton Town Manager 13,000 2019 Enfield Town Manager 45,246 2015 2018 2021 Manchester General Manager 59,710 2021 Meriden City Manager 60,838 2018 Delaware Newark City Manager 33,398 2018 Florida Deerfield Beach Assistant City Manager 80,000 2022 Gainesville Assistant City Manager 133,997 2021 Lakeland City Manager 110,000 2020 Largo Assistant City Manager 82,244 2018 Palm Beach Assistant City Manager 85,933 2021 Georgia Albany City Manager 77,434 2021 College Park City Manager 14,500 2021 Decatur Assistant City Manager 25,000 2018 City Manager 25,000 2018 Illinois Algonquin Village Manager 30,947 2012 Arlington Heights Village Manager 75,500 2014 Barrington Village Manager 10,455 2018 Bensenville Village Manager 20,703 2015 Bloomington City Manager 78,005 2018 Buffalo Grove Village Manager 42,909 2010 Carbondale City Manager 25,092 2011 Cary Village Administrator 18,713 2011 Centralia City Manager 13,000 2020 Clarendon Hills Village Administrator 8,653 2014 Village Manager 8,653 2010 Crest Hill City Administrator 21,169 2015 2021 Decatur City Manager 76,178 2014 2018 Deputy City Manager 76,178 2019 847.380.3240 1 GovHRusa.com DeKalb City Manager 43,849 2018 44,862 2013 Dixon City Manager 18,601 2015 East Moline City Administrator 21,300 2011 2016 East Peoria City Administrator 23,503 2016 Effingham City Administrator 12,384 2010 12,577 2018 Elmhurst City Manager 46,387 2010 Forsyth Village Administrator 3,490 2021 Fox Lake Village Administrator 10,550 2013 2021 Freeport City Manager 25,000 2017 Galesburg City Manager 33,706 2010 Geneseo City Administrator (Virtual) 6,500 2019 Glen Ellyn Assistant Village Manager 27,000 2013 Village Manager 27,000 2010 Glencoe Assistant Village Manager 8,723 2015 Village Manager 8,723 2013 Greenville City Manager 7,000 2021 Hanover Park Village Manager 38,510 2012 Highland Park City Manager 31,365 2011 Hinsdale Village Manager 16,816 2013 Homer Glen Village Manager 24,220 2011 Homewood Assistant Village Manager (Virtual) 19,464 2017 2021 Inverness Village Administrator 7,400 2013 Joliet City Manager 147,500 2013 2017 Kenilworth Village Manager 2,562 2012 La Grange Assistant Village Manager (Virtual) 15,610 2017 La Grange Village Manager 15,610 2017 La Grange Park Assistant Village Manager 13,579 2020 Lake Bluff Assistant to the Village Manager 5,700 2016 Lake Forest City Manager 19,375 2018 Lake Villa Village Administrator 8,774 2013 Lake Zurich Village Manager 19,631 2015 Libertyville Village Manager 20,431 2016 Lincoln City Administrator 14,500 2014 Assistant Village Manager/Community Lincolnshire Development Director 7,500 2016 Village Manager 7,500 2012 Lindenhurst Village Administrator 14,468 2017 Lombard Village Manager 43,815 2013 Marengo City Administrator 7,614 2011 Mettawa Part-time Village Administrator 500 2010 Mokena Village Administrator 19,042 2015 Moline City Administrator 43,100 2017 847.380.3240 1 GovHRusa.com Monmouth City Administrator 9,444 2014 Morton Grove Village Administrator 23,500 2011 Mt. Prospect Village Manager 54,771 2015 Mundelein Village Administrator 31,385 2020 New Lenox Village Administrator 25,000 2011 Niles Village Manager 30,001 2021 Normal City Manager 54,264 2017 North Chicago Chief of Staff 30,020 2021 Northbrook Village Manager 35,000 2021 Oak Brook Village Manager 8,058 2014 2021 Assistant Village Manager/Human Oak Park Resources Director 52,000 2019 Village Manager 52,000 2021 Orland Park Village Manager 60,000 2016 2019 Palos Heights City Administrator (Virtual) 12,480 2021 Pekin City Manager 33,223 2016 Peoria Assistant City Manager 115234 2021 Pingree Grove Village Manager 10,000 2020 Plainfield Village Administrator 41,734 2021 Princeton City Manager 7,700 2011 Princeton City Manager 7,700 2019 River Forest Village Administrator 11,635 2010 2021 Rock Island City Manager 39,684 2011 2021 Savoy Village Administrator (Virtual) 8,607 2020 Schaumburg Township Township Administrator (Virtual) 140,000 2021 Schiller Park Village Manager 11,692 2015 Shorewood Village Administrator 17,495 2018 Skokie Village Manager 65,000 2013 Assistant City Manager (Professional St. Clair Shores Outreach) 59,984 2021 Sycamore City Manager (Professional Outreach) 18,557 2021 Tinley Park Village Manager 56,831 2013 Vernon Hills Village Manager 25,911 2021 Villa Park Assistant Village Manager (Virtual) 22,038 2021 Village Manager 22,038 2022 Volo Village Administrator 6,283 2013 Washington City Administrator 15,700 2015 2021 Wauconda Village Administrator 14,125 2013 2017 2021 Willowbrook Village Administrator 8,967 2019 Winnetka Assistant Village Manager 12,417 2019 Woodridge Village Administrator 32,971 2017 847.380.3240 1 GovHRusa.com Indiana Munster Town Manager 23,603 2014 St. John Town Manager (Professional Outreach) 18,047 2020 Iowa Bondurant City Administrator 5,493 2017 Burlington City Manager 25,663 2011 Indianola City Manager 15,833 2022 Knoxville City Manager 7,300 2021 Muscatine City Administrator 23,819 2020 Newton City Administrator 15,000 2016 Washington City Administrator 7,266 2011 Webster City City Manager 8,000 2016 West Liberty City Manager 3,736 2013 Windsor Heights City Administrator 4,860 2019 Kentucky Paducah City Manager 24,850 2021 Paris City Manager 9,846 2021 Maine Bangor City Manager 33,039 2021 Maryland Greenbelt City Manager 23,753 2016 Hagerstown City Administrator 40,612 2015 Sykesville Town Manager 3,941 2019 Westminster City Administrator 18,522 2021 Massachusetts Cambridge City Manager 110,000 2016 Eastham Town Administrator 4,956 2016 Provincetown Town Manager 2,990 2015 Williamstown Town Manager 7,806 2021 8,400 2015 Michigan Adrian City Administrator 20,676 2018 Albion City Manager 8,337 2018 Alpena City Manager 10,410 2012 Caro City Manager 4,208 2012 Charlotte City Manager 9,100 2020 Clawson City Manager 11,946 2021 Delta Charter Township Township Manager 32,400 2014 Eastpointe City Manager 32,673 2019 Ferndale City Manager 20,428 2019 Hamtramck City Manager 21,752 2017 Kalamazoo City Manager 75,000 2013 Lincoln Park City Manager 36,665 2019 Oakland Township Township Manager 16,779 2013 19,132 2018 Rochester City Manager 13,000 2015 Royal Oak City Manager 59,112 2020 Royal Oak Township Township Manager 2,600 2021 Troy Assistant City Manager 83,181 2019 City Manager 83,181 2018 Minnesota Becker City Administrator 4,874 2021 Buffalo Assistant City Administrator 15,855 2021 Hibbing City Administrator 15,855 2021 Minnetonka City Manager 53,953 2022 847.380.3240 1 GovHRusa.com St. Louis Park City Manager 48,662 2021 Waconia City Administrator 13,500 2021 Woodbury Assistant City Administrator 68,820 2017 Missouri Ballwin City Administrator 30,181 2020 Cape Girardeau City Manager 38,000 2020 Ferguson City Manager 21,111 2015 Maryland Heights City Administrator 27,436 2015 Republic City Administrator 15,590 2016 South Lyon City Manager 11,327 2018 University City Assistant City Manager 35,172 2020 Assistant to the City Manager/Communications Director 35,172 2018 Assistant to the City Manager/Director of Human Resources 35,172 2020 City Manager 35,172 2017 Warrensburg City Manager 20,200 2021 Webster Groves City Manager 22,800 2020 Wildwood City Administrator 35,517 2014 City Manager 35,524 2019 Nevada Boulder City City Manager 16,207 2021 New Hampshire Portsmouth City Manager 21,796 2019 New Jersey Waldwick Borough Administrator 9,800 2015 New York Long Beach Deputy City Manager (Virtual) 33,275 2021 Mamaroneck (Town) Town Administrator 29,156 2021 Mamaroneck (Village) Village Manager 19,426 2018 Scarsdale Village Manager 17,837 2021 North Carolina Fayetteville Assistant City Manager 210,000 2012 2017 2018 North Dakota Minot City Manager 45,700 2020 Ohio Oberlin City Manager 8,390 2016 Pennsylvania Centre County County Administrator 158,172 2022 Ferguson Township Township Manager 18,300 2017 2022 Mt. Lebanon Municipal Manager 33,137 2015 South Fayette Township Township Manager 14,416 2018 Rhode Island North Kingston Town Manager 26,326 2015 Texas Austin Assistant City Manager 885,000 2021 Burleson City Manager 36,990 2011 43,960 2018 Garland Assistant City Manager 233,206 2016 McKinney Assistant City Manager 191,645 2019 Missouri City Assistant City Manager 74,139 2019 City Manager 74,139 2021 Vermont Winooski City Manager 7,997 2021 Virginia Chesapeake City Manager 245,000 2019 Portsmouth City Manager 96,000 2020 Salem City Manager 25,643 2019 847.380.3240 1 GovHRusa.com Virginia Beach City Manager 442,707 2019 Washington Duvall City Administrator (POS) 8,090 2021 Yakima Assistant City Manager 97,000 2021 West Virginia Bridgeport City Manager 8,582 2019 2021 Morgantown City Manager 31,000 2016 Wisconsin Baraboo City Administrator 12,048 2019 Bayside Assistant Village Manager 4,400 2019 Beaver Dam City Administrator 16,291 2021 Bellevue Village Administrator 15,524 2018 Beloit (City) City Manager 36,966 2015 Beloit (Town) Town Administrator 7,083 2016 2020 Brown Deer Village Manager 12,000 2012 Burlington City Administrator 10,511 2014 Cedarburg Town Administrator 11,475 2015 Fond du Lac City Manager 43,021 2012 Fort Atkinson City Manager 12,300 2012 Franklin Director of Administration 36,155 2019 Glendale City Administrator 12,920 2016 Harrison Village Manager 13,185 2021 Hartford City Administrator 14,251 2015 Hobart Village Administrator 8,500 2016 Janesville City Manager 63,480 2013 Lake Geneva City Administrator 7,710 2015 Lisbon Town Administrator/Clerk 2,521 2014 Monroe City Administrator 10,827 2020 Oak Creek City Administrator 35,243 2016 Plymouth City Administrator/Utilities Manager 8,540 2020 Director of City Services 8,540 2010 Assistant City Administrator/Human Port Washington Resources Director 11,250 2022 Prairie du Chien City Administrator 5,900 2017 Princeton City Administrator 1,504 2010 Racine City Administrator 78,200 2016 Rhinelander City Administrator 7,800 2018 Richfield Village Administrator 11,500 2009 Rome Town Administrator 2,720 2016 Shorewood Village Manager 13,331 2017 Waukesha City Administrator 72,489 2012 2014 West Bend City Administrator 31,000 2016 Whitewater City Manager 14,300 2012 847.380.3240 1 GovHRusa.com Pic credit: Rubinski Visual / Fines Arial CITY ADMINISTRATOR EXECUTIVE SEARCH PROPOSAL O 13567 Cambridge Drive, Lemont IL 60439 4. 320-267-4411 u anita.archambeau(a outlook.com A\ E Public Sector Solutions & Strategies AME CansiJ[atcry Services, LLC a Ta Cover Letter ................................................... Page Two Work Plan ........................................................ Page Three Activity One ............................................ Page Four Activity Two ............................................. Page Five Activity Three ......................................... Page Six Activity Four ........................................... Page Seven Timeline........................................................... Page Eight Guarantee...................................................... Page Eight Cost of Services .......................................... Page Nine Experience..................................................... Page Eleven References...................................................... Page Twelve Samples of Work Appendix O 13567 Cambridge Drive, Lemont IL 60439 1. 320-267-4411 u anita.archambeau(a outlook.com 13 A\ E Public Sector Solutions & Strategies AME CansLitatory Services, LLC September 23, 2022 Mayor Schultz 75 Callaway Street East St. Joseph, MN 56374 RE: Proposal for City Administrator Executive Search Dear Mayor Schultz and Councilmembers Loso, Beniek, Kluesner, and Hazen: PuAME egies I want to extend my appreciation for your time and consideration in reviewing this outline and proposal to assist you and the citizens of St. Joseph in the recruitment and selection of your next City Administrator. Picking the City's Administrator is one of the most essential functions you will undertake together. I trust my process, experience, and commitment to you will result in the highest quality and best possible search. I will assume responsibility for the search as the sole owner of my firm, with 20 years of senior/city management experience in local government and two years of executive search experience. I have conducted numerous searches and interview processes for the Town of Collierville, TN (pop 52,000), including the Police Chief, Battalion Chiefs, Human Resource Director, Development Director, and the City Administrator position. I will work closely with you to understand your needs and organizational culture so that the individuals recruited have the qualities and skills to be successful. This Letter of Interest includes my resume, references, an estimated timeframe to complete the project, and estimated expenses for the project and other material requested. Despite not having the experience of other firms, I have the distinct advantage of having lived in central Minnesota for nearly 20 years and enjoyed all of the many restaurants, events, and establishments St. Joseph offers! I am proud of the connections I still maintain in Minnesota and in the St. Cloud area and would very much enjoy working with you on this vital recruitment. Thank you again for your consideration. Very truly yours, Dr. Anita Archambeau, AICP AME Consultatory Services LLC AME Pi6Gc Sector Solutions & Strateges The City of St. Joseph is reviewing options in preparation for hiring a City Administrator. It will be the consultant's responsibility to manage expectations, provide expert guidance, and take careful note of the information provided by the individual council members and the organization. Founded by Anita Archambeau in 2020, AME Consultatory Services LLC is headquartered in the greater Chicago area. I take great care of my client's needs and concerns as the process unfolds and through the new City Administrator's entry. I am finishing the final hiring stage for the Town of Collierville Town Administrator), Tennessee, and recently started the recruitment process for Collierville's Human Resource Director and Development Director positions. AME Pt6fc Sector Solutions &Strategies The following provides a detailed description of the work plan for the Administrator recruitment. 0 Activity One - Develop Candidate Profile Establishing Expectation:-, The most significant decision point for the governing body in recruiting a new administrator is to define what the members are looking for —creating the administrator profile. The profile will encompass those qualities, characteristics, experience, and areas of expertise found in your ideal candidate. Only by considering how applicants compare and measure against one another and, of course, against the established criteria can the Council be sure that the candidate it appoints has the appropriate combination of work experience, management experience, and leadership style to be successful in the position I will begin this process by developing a clear picture of the ideal candidate for this position. I will first speak with the Mayor and each Councilor to identify desired traits and experiences for the position and discuss the timeline and process. I will also facilitate meetings to gather input from department directors and other key stakeholders as directed by the Mayor and Council. I will discuss the technical skills needed for the position and what makes for the right organizational fit in terms of traits and experiences. Additionally, I will assist the city council in determining the terms of a potential employment agreement to be offered, including starting salary or salary range, benefits, etc. I can conduct the initial work, candidate review meetings, and interviews in person. However, I can facilitate some of the meetings via video calls or online meetings to manage travel costs. A recruitment plan will be created based on the information learned from the meetings. Additionally, a position profile unique to the City of St. Joseph will be created. The profile will identify the organization's needs, the strategic challenges and opportunities of the position, and the personal and professional characteristics of the ideal candidate. This document drives recruitment. It focuses our efforts on the most capable candidates and helps us persuade candidates to pursue the position. Think of it as a marketing piece for your community! Based on the direction of the Council, an interview process will also be developed, including writing exercises, leadership assessments, presentations, panel interviews, and/or tours. Additionally, this is the point where the Council must decide whether to engage community members or committees in the selection process. Once drafted, I will review the recruitment plan, job announcement, interview process, draft terms, and position profile with the City. Modifications will be made as necessary before recruitment begins. Detailed job announcement and position profile Finalized interview process Detailed recruitment process documents, including recruitment plan CIE Pi6fic Sector Solutions &Strategies 1-1- Activity Two - Recruitment and Screeninge As part of the recruitment plan, I will identify metro areas to focus our targeted recruitment. I will prepare and place advertisements in state and national publications and websites to attract candidates throughout the United States. While this will be a national search, I will target our efforts to those key areas identified in the recruitment plan. I will place job postings with national, state, and regional professional organizations such as International City/County Management Association (ICMA), Engaging Local Government Leaders (ELGL), Government jobs, Linked -In, American Society for Public Administration, League of Minnesota Cities (and neighboring Leagues), MCMA and other places as identified in the recruitment plan. As soon as the advertisements are completed, I will actively and aggressively market the position and identify qualified candidates for assessment. I will identify individuals to reach out to directly through phone and email. We will also utilize social media (Linkedln, Twitter, and Facebook) to broaden our reach. We want to identify a candidate who does not NEED a job. Instead, we want to find candidates looking for a golden opportunity! The selection process begins with a review of the applications and resumes that have been submitted. As applications are received, I will acknowledge each one and inform applicants of the process's status. I will screen each applicant against the position profile and conduct informal interviews via phone or videoconference with those who most closely meet the profile to learn more about their interest, qualifications, and experience for this position. The most qualified candidates will complete other assessments, including a writing and leadership assessment. Additionally, I will perform a media check to review published information found in search engines, online publications, and social media on each candidate. A written summary of these candidates will be prepared and shared with the City. Determining the candidates to be interviewed is a significant decision point in the selection process. The objective here is to narrow the entire group of applicants to a smaller group that will continue to the next step. If desired, I will then meet with the City to review the entire list and the most qualified candidates with the requisite skills, experiences, and traits needed for success in the position. Based on the City's direction, I will finalize a list of candidates to invite for in -person Council interviews. Outcomes Placement of ads and job postings Targeted outreach to passive candidates Candidate Information and Evaluation Packet for the candidates meeting minimum requirements along with information relative to all candidates AME P Sector Solutions &Strategies Activity Three - Interviews and Support First Formal Interview Ideally, five or six candidates will be selected for further consideration based on the review by the Mayor and Council. I will contact each person you wish to interview for the first round of interviews. Resumes, cover letters, and reference reports will be provided to each candidate before the interview. I will also provide the Mayor and City Council with a list of suggested interview questions and evaluation forms. Additionally, I will discuss the proposed procedures and other best practices to be used in the interview process. Final Formal Interview After the candidate pool has been reduced to just a few candidates, the finalists selected by the Council may want to have the background checks prior to the final interview and should include at a minimum a check of criminal and credit, along with civil or other records and verification of educational degree achievement. If not before the final interview, they must be completed before presenting the top candidate an offer. I can provide recommendations for private firms who perform these services, or you may utilize existing City practices. A packet that contains customized interview questions and information about each of the candidates invited to interview will be provided to those involved in the interview process. I will work with staff to coordinate the logistics of the interview process and provide the candidates with the details along with any travel policy requirements or other information. We will also work with a City contact to ensure a suitable interview venue is arranged. As determined by City policies, expenses for the candidates will be borne and reimbursed directly by the City. Selection After the interviews, I will meet with the Mayor and City Council to review the candidates and to assist in determining the top candidate to the extent requested by the Mayor and City Council. I will notify all unsuccessful candidates each time the candidate pool is narrowed down. Outcorr Interview book materials, including references Initial and final interviews Assistance in the top candidate decision -making proces AME Pu6fic Sector Solutions & Strategioc Activity Four - Negotiation and Agreement (Optional) Once the Mayor and Council have made your decision, and the finalist has indicated a willingness to serve as the city administrator, several final arrangements must be completed. These include negotiating a compensation package and completing transition activities. Depending on the approach that the Council has selected, the negotiator may be a member of the Council, or a member of the staff, such as the interim city administrator, the municipal attorney, or AME Consultatory Services at an additional fee. Service Guarantee AME Consultatory Services offers a 12-month guarantee on the effectiveness of the City Administrator. Should the Mayor and City Council determine it necessary to terminate the City Administrator due to failure to perform the duties as specified in the Profile adequately. As represented by the process, or if the Administrator quits the position, we will refill the position at no additional fee and will charge expenses only. Should there be substantial changes in the political situation at the City of St. Joseph and a decision is made to terminate the City Administrator for reasons other than failure to perform the duties as specified in the Position Profile, this guarantee is subject to negotiations between the Mayor and City Council and AME Consultatory Services. Recruitment Timeline I will work with the Council on the timing of the search and will work closely with you to work through scheduling difficulties. The following serves as an example that will be altered to fit everyone's schedules Bolded activities require full Council participation Authorization to Proceed Survey/Interviews of Council and Staff Approve Position Profile Advertising and Recruitment Deadline for Applications Candidate Evaluation and Screening Candidate Packet/Select Top Candidates Reference and Credential Checks First Interview Final Interview Negotiations Council Appointment Start of New Administrator Early October 2022 October 10 October 17 (Council Meeting) October 18 November 17 November 17-20 November 22 (work session) End of November December 6 December 8 December 9-18 December 19 (Council Meeting) February 1, 2023 AME Pi6Gc Sector Solutions & Strateg.s Stage One - $4000 Develop Position Profile. Meet individually with the Mayor and City Council, Department Heads, and key staff. Meet with selected representatives from the community (if desired). Develop, present, and Position Profile, Recruitment Strategy, and Interview Strategy. Stage Two - $4500 Place announcements. Direct recruiting, send profiles. Review resumes, screen and evaluate candidates. Prepare and present Candidate Packet (progress report will be delivered in person and contain profiles of 10-12 candidates who demonstrate the best fit. Here the Council selects the top 5 for interviews. Stage Three - $1500 Schedule and coordinate candidates' interviews with the City Develop Interview Questions AK AE7Participateinuptotwointerviews. Pubfc Sector Solutions & Strategies AM C-y Serviwa, LLC AME P Fc Sector Solutions & Strater,.- Expenses Typical expenses include copies and supplies, position advertising (League Web Sites, ICMA, Minnesota City Managers Association, Linked -IN, Consultant Mileage, and lodging. Not to exceed $3500 The estimates do not include costs associated with candidates' expenses for the interviews, such as airfare for out-of-state candidates, hotels, meals, and others. These expenses are influenced by the following factors: number of candidates invited to interview, location of candidates, spouse and family attendance, meals, and hotel accommodations provided. For local candidates, the cost is typically zero. Any additional visits requested by the City beyond the above listed will be charged at $100/hour and additional travel expenses. Instead of in -person client/council or staff meetings, zoom meetings can be arranged to manage costs. Total Recruitment Fee $10,000 (Stages 1-3) Expenses $3500 (Not to Exceed). AME Pi6f Sector Solutions &Strategies Professional fees and expenses will be invoiced as follows: 1 st Payment: 1 / of the Recruitment Fee (invoice sent upon acceptance of our proposal). 2nd Payment: Reimbursement of advertising costs (invoice sent upon selection of finalists). Final Payment: 1/2 of the Recruitment Fee and all remaining expenses (invoice sent after recruitment is completed). Payment of invoices is due within thirty (30) days of receipt I believe this is a comprehensive proposal; however, if you would like a service that you do not see in my proposal, please let me know. I can most likely accommodate your request. This proposal will remain in effect for six months from the date of the proposal. I look forward to working with you on this recruitment and selection process! Client Name/Organization Client Contact Name/Position Signature Billing Contact Billing Contact Email Dr. Anita Archambeau Dba AME Consultatory Services LLC Date City of St. Joseph Date Date Anita Archambeau, Owner CIE P9 Experience Planning, Policy, and Land Use Consultant (Freelance), January 2020 - Present Managed land use development application process on behalf of clients, representing client projects at various staff, board, and commission meetings. Created a leadership profiling and assessment process in the hiring of two Battalion Chiefs, Human Resource Director, Development Director and the Town Administrator for the Town of Collierville. Developed marketing and public relations materials for the selection of potential MALP candidates for the Greater St. Cloud Development Corporation, resulting in a broad selection of applicants. Manage, investigate, analyze and publish land use and development stories in the Atlanta Metro by reviewing technical reports and interviews. Serving as a subject matter expert in the creation of graduate -level online public administration courses at Cambridge College. Monitoring and summarizing legislative initiatives and measures on behalf of clients. Assistant to the Town Administrator, January 2020 - December 2020 TOWN OF COLLIERVILLE, Collierville. TN Served fast-growing Town of-50,000 in part-time/temporary role created to meet community needs; shared strengths and background in municipal management. Developed a new hiring process to serve as a model for future hires at department management levels; coordinated initial implementation in hiring for the Town's police chief position. Implemented a new method to expedite the hiring timeline during COVID-19 pandemic by3-4 weeks while incorporating feedback and candidate evaluations from multiple stakeholders, including elected officials. Developed a leadership academy for town employees at all levels to reinforce town values, exemplify leadership, increase credibility, provide mentorship, enhance communication skills, and provide employees with tools to identify opportunities to optimize operations and roles. Anticipated outcomes include improved ease of identifying the next line of management in the Town's succession planning. Created and implemented a standardized decision -making process for officials to evaluate the pros and cons of planned development ordinances, eliminating "politics" of the approval process. Maximized quality of development by allowing for creative design based on unique features of each property without compromising standards. Decreased potential for errors and confusion when pulling zoning and building permits. Community Development Director / Assistant City Administrator, January 2003 - July 2019 CITY OF SARTELL, Sartell, MN Built relationships with public, non-profit, and private sectors, gained consensus and became a trusted partner with policymakers, stakeholders, and citizens. Served as a staff liaison on numerous boards, councils, and commissions. Researched and authored comprehensive plans, environmental reviews, and various zoning, subdivision, and administrative ordinances. Created and administered the City's strategic public relations and marketing communication plan incorporating various publications, public outreach materials, and marketing materials, ensuring focus for maximum marketing clarity. Improved awareness and generated thousands of comments on the comprehensive plan through virtual open houses. Wrote transportation, economic development, and park/ open space grant applications totaling more than $7 711TII mel AME Pi6Gc Sec or olu[i5ons& Strategies Experience Community Development Director/ Assistant City Administrator, January 2003 -July 2019 CITY OF SARTELL, Sartell, MN continued Facilitated smart growth balanced with robust infrastructure and recreational investments to elevate Sartell to a top-10 community for families in Minnesota. Initiated development, mentorship, evaluation, and refinement of planning and building department and programs and policies to meet organizational goals. Grew planning department to include city planner, building official, building inspector, fire inspector, code technician, and various other consultants and civil engineers. Streamlined site plan processes to increase ease of development, resulting in millions of square feet of commercial, industrial, and multi -family development. Led planning department through various ordinance development processes, including new wetland protection ordinance, comprehensive updates, numerous contentious annexation negotiations, and a variety of developments with legal and regulatory challenges. Coordinated and administered strategies for retention and investment of small businesses, housing, and industry in alignment with the City's comprehensive plan. Led collaborative efforts with business interests that resulted in the creation of land uses aligned with a "medical alley." Recruited significant private resources and state, county, and local funding to provide a significant new public ballpark and revamped a private golf course for the community and a new regional park amenity. Spearheaded exploration of costs for the economic reuse of former paper mill site, including assessment of potential contamination and remediation, led to creating a task force and ordinance amendments to facilitate development. Contributed to oversight of large municipal construction projects, including $11 million community center and $15 million public safety facility. Reviewed contracts, contributed to design decisions, and facilitated approval process; ensured alignment to timeline and budgets. Lobbied at Minnesota State Legislature on planning and public interest needs, including providing conference committee testimony on city -initiated bills. Provided expert testimony for civil and land use -related lawsuits. Education & Certificatiom Doctorate in Public Administration (DPA) Hamline University, St. Paul, MN Dissertation: "Conflict Transformation: How Minnesota City Managers Transform City Council Conflict." Master of Arts in Urban Planning Bachelor of Arts, Political Science and Community Studies Minnesota State University -Mankato, Mankato, MN St. Cloud State University, St. Cloud, MN American Institute of Certified Planners (AICP) Certified Planner, 2002- Present American Planning Association (APA) Nominated to Fellows of American Institute of Certified Planners (FAICP), 2019 APA, Minnesota Chapter AME Pi6Fc Sec to Sodlu[io &Strategies Experience Community Development Director/ Assistant City Administrator, January 2003 -July 2019 CITY OF SARTELL, Sartell, MN continued Facilitated smart growth balanced with robust infrastructure and recreational investments to elevate Sartell to a top-10 community for families in Minnesota. Initiated development, mentorship, evaluation, and refinement of planning and building department and programs and policies to meet organizational goals. Grew planning department to include city planner, building official, building inspector, fire inspector, code technician, and various other consultants and civil engineers. Streamlined site plan processes to increase ease of development, resulting in millions of square feet of commercial, industrial, and multi -family development. Led planning department through various ordinance development processes, including new wetland protection ordinance, comprehensive updates, numerous contentious annexation negotiations, and a variety of developments with legal and regulatory challenges. Coordinated and administered strategies for retention and investment of small businesses, housing, and industry in alignment with the City's comprehensive plan. Led collaborative efforts with business interests that resulted in the creation of land uses aligned with a "medical alley." Recruited significant private resources and state, county, and local funding to provide a significant new public ballpark and revamped a private golf course for the community and a new regional park amenity. Spearheaded exploration of costs for the economic reuse of former paper mill site, including assessment of potential contamination and remediation, led to creating a task force and ordinance amendments to facilitate development. Contributed to oversight of large municipal construction projects, including $11 million community center and $15 million public safety facility. Reviewed contracts, contributed to design decisions, and facilitated approval process; ensured alignment to timeline and budgets. Lobbied at Minnesota State Legislature on planning and public interest needs, including providing conference committee testimony on city -initiated bills. Provided expert testimony for civil and land use -related lawsuits. Education & Certification! Doctorate in Public Administration (DPA) Hamline University, St. Paul, MN Dissertation: "Conflict Transformation: How Minnesota City Managers Transform City Council Conflict." Master of Arts in Urban Planning Bachelor of Arts, Political Science and Community Studies Minnesota State University -Mankato, Mankato, MN St. Cloud State University, St. Cloud, MN American Institute of Certified Planners (AICP) Certified Planner, 2002- Present American Planning Association (APA) Nominated to Fellows of American Institute of Certified Planners (FAICP), 2019 APA, Minnesota Chapter D. i 1-1— -1. Krone 2 .Chafo , Patti Gartland, President Greater St. Cloud Development Corporation S01 West St. Germain Street, Suite 100, St. Cloud, MN 320-2S9-0300 pgartland@greaterstcloud.com James Lewellen, Town Administrator Town of Collierville S00 Poplar View Parkway, Collierville, TN 901-4S7-2200, Cell - 901-S08-232S jlewellen@collervilletn.gov Anna Gruber, City Administrator City of Sartel I 12S Pinecone Road N., Sartell, MN 320-2S3-2171, Cel I - 320-292-4046 Anna.gruber@sartellmn.com 0 13S67 Cambridge Drive, Lemont IL 60439 320-267-4411 u anita.archambeau@outlook.com A\ References IM Public Sector Solutions & Strategies ANE Coruduory Services, LLC Colliervii,k. jj F1 i r Prepared For: Town of Collierville Prepared By: Anita Archambeau, DPA AICP AME Consulting 320-267-4411 anita.archambeau@outlook.com The Town of Collierville, located thirty miles east of The Community downtown Memphis, has had a rich history as the second oldest Town in Shelby County Tennessee. Preserved Victorian homes, a tree -lined park in the center of the downtown business district, and summer concerts under the gazebo on warm summer nights remain a gentle nod to the past. Reverence for the value of citizen involvement in schools, institutions, and the com- munity has always been the compass citizens used to move Collierville forward from a farming town to a flourishing and innovative suburban community. The Town of Collierville, with approximately 52,000 residents, seeks a visionary leader to be its next Town Administrator. Collierville residents enjoy the amenities that come with park and open space amenities, along with countless community - engaging events throughout the year. Collierville has been recognized nationally as one of Money Magazine's "Best Places to Live in America." Collierville is a progressive, innovative, full -service town known for its outstanding amenities, providing superior municipal services with a force of over 500 permanent Town employees, and operates on an FY 2023 total budget of 240.8M including a general fund budget of $71.8M. Collierville offers its residents a strong quality of life, friendly neighborhoods, and world-renowned cultural arts opportunities in a safe and peaceful environment. Residents are proud to call Collierville home and are extremely supportive of the municipal school system and local government. The community schools provide families the opportunity to enjoy close-knit relationships with school personnel as well as with other families. Youth receive an outstanding education and establish strong personal relation- ships in their formative learning years. The Town is home to incredibly diverse businesses, including health care, manufacturing, and worldwide distribution. Collierville's diverse economy positions the community for economic sustainability as one of only four Moody's Triple -A bond -rated communities in the State; financial strength is another essential designation for the Town. From an office perspective, Collierville has over 4,000 corporate headquarters jobs in town, occupying 1,700,000 square feet of Class -A office space. FedEx World Technology Center, Orgill, Helena Agri -Enterprises, Mueller Industries, JuicePLUS, MCR Safety, and IMC all call Collierville home with world -class headquarters in the community. With over 400 acres of developable land zoned for / I .01 r r' '. office uses, this market segment is positioned for future growth. On the industrial side, Collierville strategically sits at the crossroads of highways 1-269, SR-385, and US 72, allowing for timely access to the runway, river, rail, and roads. Toronto, Ontario -based CCL Industries, Inc., has over 300,000 square feet of high-tech printing space in town, all located at the crossroads of our three major highway systems, which employ over 300. Approximately 300 acres of undeveloped industrial land are still available for future development. On the commercial side, Collierville has a premier lifestyle center, Carriage Crossing, with over 700,000 square feet of total retail floor area. Boyle's Schilling Farms mixed -used development is a 450-acre project with multi -family and single-family housing, office and medical facilities, a school, and numerous restaurants. Collierville residents enjoy a wide variety of high -end restaurants to popular quick -serve establishments, as well as prominent big box retailers and charming privately held stores. This diverse mix of businesses is critical to our continued success. Collierville's organizational values are centered on Stewardship, Safety, Services, and Schools. Our guiding principles are to manage the Town's resources effectively and with integrity (Stewardship), ensure citizens, visitors, and businesses feel safe (Safety), maintain and invest in infrastructure, services, and programs for all generations (Service), and deliver world class, quality education (Schools). Department Heads. The Town of Collierville is a Mayor-Alderman/Town Administrator (ie. City Manager) form of government and operates under a Private Acts Charter. The present charter was adopted in 2001 and amended in 2017. Because Collierville is a Mayor-Alderman/Town Administrator form of government, policy -making and legislative authority are vested in the Mayor and five Aldermen. The Board is elected on a nonpartisan basis by popular vote. Board members serve staggered four-year terms. The Board is responsible for, among other things, passing ordinances, adopting the budget, assuming the tax rate, setting fees, appointing boards and commissions, and appointing the Town Administrator and The Town Administrator is responsible for carrying out the Board's policies and ordinanc- es and overseeing the Town's day-to-day operations. The Town Administrator The Town Administrator is appointed by the BMA and serves as the Town's chief executive officer. The Administrator is responsible for the effective operation of the Town government under the policy direction of the Mayor and Board of Aldermen. It is also the responsibility of the Administrator to propose policy measures and initiatives for BMA consideration. The office also consists of an Assistant Town Adminis- trator, an Economic Development Director, and a communications staff consisting of an award -winning Public Information Officer. Town Departments Collierville offers exceptional core services to its residents, business owners, and pa- trons. Quality of life is essential to the resi- dents, Collierville's police, fire, and para- medic services; the construction and maintenance of streets and other infrastruc- ture; planning services; and recreation- al and cultural events cater to the communi- ty's changing needs. itizeus of CoUietwille Mayor& Town Judge School Soerd Aldermen 1 Elected) 5 Elerted) 6 Elected) I Town Superintendent Administrator S. PublicCapital Infrastructure& Recreation& Administratioi Central Support Culture 8 Services POI1Ce Streets 8 Parks & Planning Elementary Drainage Recreation Schools(6) Fire Engineering Library Development Middle Schools Administration 2) General Morton Financial Ambulance J High School )1) servi— Museum Administration Code Fleet Services Human Enforcement Resources Municipal Court Publicsenrices Information Administration Technology Water Animal Services Treatment & Procurement Distribution wastewater collection & Treatment 04 The Collierville Police Department is a committed partner with the community. The department is dedicated to providing all fair and equitable law enforcement services. It is their dedication that makes Collierville a safe community. The Collierville Municipal Courts have general session jurisdiction over all misdemeanor cases and hear felony cases up to the preliminary hearing. In addition, the Judge hears adult and juvenile traffic cases and city code violations. The Collierville Fire Department provides state-of- the-art and reliable fire, paramedic and emergency services to the community. Certainly, the most significant recent projects related to public safety services include introducing ambulatory services and ensuring that the facilities and services offered to reflect our community's standards. Located within the Public Services Department, the Streets and Drainage Division are responsible for the maintenance of approximately 740 lane - miles of roadway, including pavement, curb, ditches, right-of-way litter and leaf collection, and street signage. Water Distribution is responsible for maintaining and repairing over 250 miles of mains. Wastewater Collection is responsible for the maintenance and repair of over 230 miles of gravity sewer mains and 26 lift stations. The Town currently operates two sewage treatment facilities with a combined average treatment capacity of 9.5 MGD. Collierville's Parks and Recreation Department is responsible for developing a complete municipal recreation program to meet the cultural and recreational needs of all age groups and activity levels. The Town has an extensive park system that contains twenty regional, community, or neighborhood parks with approximately 750 acres of active parkland, 362 acres of passive natural areas, 30 athletic fields, ten tennis courts, 18.58 miles of greenbelt trails, 15 play structures, two spray parks, and ten concession/restroom buildings. In partnership with the Collierville Arts Council, the Town's Harrell Performing Arts Theater produces theater and musical performances. This community theater also boasts of producing award -winning community theatre productions. Additionally, the Town operates its own library (Lucius E & Elsie C Burch Jr Library) and museum (Morton Museum) services. General Services performs a variety of functions that support other Town departments, including procurement, facilities maintenance, grounds and parks maintenance, as well as many special assigned projects. This department is responsible for maintaining all the parks, open spaces, and 470,000 square feet of building and ancillary structures. x.4411/ I I Development Services functions with the highest degree of professionalism, expertise, objectivity, and efficient process management to reach sound decisions that promote the development of quality, character, and functionality in Collierville's built environment. Managing growth sustainability and responsibility, 225 single-family building permits were issued in 2021, and another 300 multi -family units were permitted. FY 23 Total Revenue All Funds - $223,392,101 School Historic Discretionary Retirement Fund Preservation Grants 2.6% OPEB Fund School Nutrition Fund 1.4% State Street Aid 0.7% Sanitation Fund 2.4% E-Citation Fund 0.01% Drug Fund 0.02% FY 23 Total Expenditures All Funds - $228,708,211 School Discretionary Retirement Fund Grants \\\I 4% 0.8 % / OPEB Fund 0.4 School Nutrition Fund 1.5% School Federal Historic Preservation 0.01 % indState Street Aid 0.7% 4Sanitation Fund 2.5 % E-Citation Fund 0.01 % Drug Fund 0.08 % BUDGET SUMMARY - ALL FUNDS FY 2023 Special R"nue Funds ProprietaryFund FiduciaryFunds GENERAL STATE HOST. SANFfA-10N DRUG E-CIT. GPSCHDO'L FEDERAL NUTRFRON GRANTS W&S RETIRE. OPEB IDTaAL FUND STAID FRES. FUND FUND FUND FUN1) FUN Da FUND FUND FUND FUND FUND ALLFUNDS REVENUE e e= 60,105,797 10.000 60.115,797 ceases & Permis 2,523M - 2,52321p eagnumnemi 5, 797,575 1,600,000 97,702,735 24,095,623 1,732,%7 130,929, W Olarges br. siwaces 963,660 - - 5,347PW - 1,209,100 1,5490 - 13,732243 - - 220,703 k-Demenawli s 531,488 531,488 Fmesand Fcdeiffi 1,356 4 - 30,O1i0 1,305,394 DrugReuenue 35,100 36,100 t 1.892250 2,000 120,W O 507 100 1,9430 43,0W 1,778,900 26,010 6,118,584 1,138,605 13,063519 Total Re%enue 73:175:364 1,502,000 10,000 5,467008 36,600 30,100 190,855335 24;0%U3 3,324,667 1,778.980 13,758243 6,118.594 1.08.605 231392:101 DWENURURES Persamel 45, 147, 632 2,691,882 - - 75,303,455 8,098,335 1.508,067 1,030,186 3,74045 137,5190 der-gE)m— 13,413,XM 1581,910 45,000 2,171W 119,467 15,580 19,019229 4,763.311 1,582,600 738.794 3,742X 47,193,415 G1U16q 1,319A75 875.043 74,(M0 - 6.532,651 11234,974 234,000 10.000 20,280583 DASerrice 7,8WA8 - 3.702,161 11,50,199 Mntinislrane Charges 2, 542,312 2,542A2 hsurance 1,017, 364 1%0 1,214224 SpeaalAwomiations 3,094ffM 1,171fi74 4,295,153 Fteurenwt 3,170, 000 3,170)U UPEB 05M 9705M TotalExlpendtues 71842367 1581910 45;ODD 5,738W 193.507 15.590 100855,335 24096623 3.324667 1778,900 15,094AN 3,170,000 970W 228,708211 The Position The selected candidate should possess a genuine pas- sion for public service, with strong, working knowledge of local government operations in area such as econom- ic development, land use development, and municipal finance. Responsible supervisory experience and familiarity with working in a diverse and growing community are essential. Candidates should also possess a strong ability for leadership, personal and professional ethics, and a collaborative and team -oriented ap- proach. Essential Functions Plans, directs, coordinates, and evaluates activities of all Town operating, administrative, support and public safety departments, purchasing and municipal functions within guidelines and policies established by the Board of Mayor and Alderman (the "Board"); informs the Board of the status of activities, programs, problems, plans, and departmental functions, as necessary. Oversees the development and administration of a personnel management system and related personnel actions. Directs the development and submission of the proposed annual operating budget and capital improvement program for the Board and administers the annual adopted budget. Promotes operating efficiencies; reviews performance and pro- gress through periodic staff meetings; reviews various operating reports against budget, goals, and objectives; prepares reports for the Board's consideration, information, and/or action. Attends Town Board and related public meetings; directs the prep- aration of the Board's agenda; and communicates the status of public inquiries, projects, and proposed legislative action; appears before citizen groups, community meetings; makes speeches and attends ceremonial functions; serves as a spokesperson for the Town; represents the community to the local press and media. Determine current and long-term Town needs; makes appropriate recommendations to the Board. Assures Town departments enforce all Town ordinances in their department area; assists Collierville stakeholders and Town staff in resolving problems. Performs related work as directed by the Board. Additional Functions Investigates and responds to citizen inquiries and complaints. Attends local, regional, and occasionally national seminars and conventions for educational purposes. TOWN COURTHOUSE ii NI 111NI111NI111 Requires attendance at meetings outside regular business hours. Such meetings include but are not limited to Board of Mayor and Aldermen, and other relevant government and business meetings, where appropriate. Perform other related duties as required.,! Lw Education and Experience The successful candidate will hold a bachelor's degree from an accredited college or university in Public Administration, or a closely related field is required. A minimum of five (5) years of experience in a senior management position is required. Experience as a City Manager or City Administrator, Deputy/Assistant City Manager or City Administrator, or department director in a city, county, or other applicable public sector agency of similar or greater complexity and size is preferred. Any equivalent combination of expe- rience, education, and training may be considered . Ideal Candidate Skills and Abilities Be politically astute. Possess and apply superior management and leadership abilities. Be a visionary who can see Collierville years out and is willing to take risks to set and meet objectives. Calm under pressure. Exhibit strength in finance and budget expertise to maintain a balanced budget with adequate reserves. Be a strong collaborator among residents, policymakers, and staff. Serve as an ambassador to and from residents having local government concerns. Understand that economic development includes both large projects and redevelopment of vacant store- fronts through the provision of assistance to small businesses; and Demonstrate a listen, learn, lead approach to professional life. Ideal Style with Staff mi Be a true servant leader who is inclusive in the approach to Town management. Function as an effective bridge to and from the elected policymakers. Provide clear directions, expectations and manage for successful outcomes. Demonstrate trust in the staff without micromanaging and supporting employees to perform at their highest potential. Be easily accessible, and offer a management style that encourages employees to feel comfortable with they manager's open-door policy. Function as a coach and mentor who encourages, supports, and recognizes individual professional development and achievement. Ideal Style with Mayor and Board of Alderman (BMA) View the Town Administrator position as a technical and professional resource and advisor to the Mayor and Alderman. Project management style that facilitates collaboration among staff and the BMA. Provide informative updates regarding emerging issues and progress toward meeting goals set by the BMA. Have an independent, professional approach to elected officials by treating all fairly and equally in a nonpartisan manner. Be humble and understanding when immediate answers are unavailable and acknowledge mistakes. Issues, Opportunities, and Challenges Retirements and succession planning. This position is available due to the retirement of the existing Town Administrator, who has served in the position of nearly 30 years. Similar departments are facing leaders approaching or have approached retirement status. Collierville's Capital Improvement Plan establishes a fiscally -sound plan for the Town's future investment in capital infrastructure. Collierville's fiscally sound stewardship has earned the Town the highest distinctions and the confidence of residents and property owners. The State of Tennessee and Shelby County continue to plan and construct improvements in the SE quadrant of Shelby County. These projects include a controlled access interstate design roadway along the Town's southeastern and eastern borders and the remaining segments to the north of Collierville. Collierville offers a comprehensive compensation and benefits package. This position has a competitive sala- ry range of $150,000—$200,000 annually dependent upon qualifications and experience plus monthly vehicle allowance. Among its many benefits, Collierville is one of few employers that continues to offer a Defined Benefit Retirement Plan. Benefits offered by the Town include: Retirement — The Town has two plans. Plan 1 is non contributory and is fully employer funded; while Plan 2 is employer funded and allows for an additional em- ployee contribution of 5%, subject to change. Social Security — Collierville participates in Social Security with a 6.2% contribution from the employee and employer. Medical Plan — Transparent pricing health insurance plan with current annual employer contribution up to 19,253 (85%) and annual employee contribution up to $3,204 (15%). Dental and vision benefits also provided, paid for by the employee. The Town has two (2) health clinics available for em- ployee AND dependents on the Town's health plan. There are NO co -pays for clinic visits and generic prescriptions can be obtained at NO cost. Paid Leave and Holidays — Vacation Flexible time off for vacation and personal time (no allotments or accruals). Additional time off includes ten (10) paid holidays and sick leave accrual at 12 days per year up to 960 hours (120 days). Deferred Compensation — Additional deferred com- pensation options through third -party provider. Life Insurance — Employer paid life insurance with option to purchase additional coverage. Long-term Disability — Employer -paid. Enrolled the first day of the month after being employed for 6 months. Optional Benefits — Dependent Care and Medical Spending Accounts, short-term disability, and other supplemental insurance and others. Monthly vehicle allowance. Employee Assistance Program provided at NO cost. Collierville employees receive many other benefits and perks. The recruitment will remain open until the position is filled; however, the first review of resumes will occur on August 22, 2022. We invite professionals to submit an application, cover letter and resume by visiting our website at www.colliervilletn.gov/jobs Important Note You must submit an official Town of Collierville application accompanied by a resume to be considered for this position. A resume will not be accepted in lieu of an application. Please direct inquiries regarding this position to Assistant Town Administrator Adam Hamric at 901-457-2200 or Anita M. Archambeau, AME Consulting, at 320-267-4411 or anita.archambeau(a outlook.com. EOE/AA/ADA Submissions in response to this recruitment are subject to release and disclosure to the media and general public under the Tennessee Public Records Act.) The Town of Collierville, Tennessee (52,167 population) seeks a visionary leader to be its next Town Administrator. Located thirty minutes east of Memphis in Shelby County, Collierville residents enjoy the amenities that come with park and open space amenities, along with countless community-engaging events throughout the year. Collierville has been recognized nationally as one of Money Magazine's "Best Places to Live in America." Collierville is a progressive, innovative, full-service Town known for its outstanding amenities. Home to beautiful neighborhoods, green spaces, and flourishing businesses, the Town provides superior municipal services with over 500 permanent Town employees and operates on an FY 2023 total budget of $240.8M, including a general fund budget of $71.8M. The Town of Collierville serves under a Mayor-Alderman/Town Administrator form of government and operates under a Private Acts Charter. The Town Administrator is responsible for carrying out the Board's policies and ordinances and overseeing the Town's day-to-day operations. Town operations are managed within four major categories: Public Safety (Police, Fire, Courts, Animal Services, Code Enforcement, Ambulance), Infrastructure and Capital Engineering, General Services, Public Services, and Utilities), Recreation and Culture (Parks, Library, Museum), and Administration Services (Planning, Finance, Administration, Human Resources and IT). The successful candidate will hold a bachelor's degree from an accredited college or university in Public Administration, or a closely related field is required. A minimum of five (5) years of experience in a senior management position is required. Experience as a City Manager or City Administrator, Deputy/Assistant City Manager or City Administrator, or department director in a city, county, or other applicable public sector agency of similar or greater complexity and size is preferred. Any equivalent combination of experience, education, and training may be considered. The selected candidate should possess agenuine passion for public service, with strong, working knowledge of local government operations in economic development, land use development, and municipal finance. Responsible supervisory experience and familiarity with working in adiverse and growing community are essential. Candidates should also possess a strong ability for leadership, personal and professional ethics, and a collaborative and team-oriented approach. A starting salary based on the successful candidate's qualifications and experience will be offered, with an anticipated starting range between $150,000 to $200,0000. The Town of Collierville offers excellent benefits, including a health insurance plan (medical, vision, and dental), no-cost health clinics available for employees and dependents of the Town's health plan, Town provided life and long-term disability insurance, paid time off, pension, and more. Relocation assistance is available. Please see the job profile for full benefit information. The recruitment will remain open until the position is filled; however, the first review of resumes will occur on August 22, 2022. We invite professionals to submit an application, cover letter and resume by visiting our website at www.colliervilletn.gov/jobs Important Note. You must submit an official Town of Collierville application accompanied by a resume to be considered for this position. A resume will not be accepted in lieu of an application. Please direct inquiries regarding this position to Assistant Town Administrator Adam Hamric at 901-457-2200 or Anita M. Archambeau, AME Consulting, at 320-267-4411 or anita.archambeau@outlook.com. EOE/AA/ADA Council Agenda Item 8 MEETING DATE: October 3, 2022 AGENDA ITEM: Union Negotiations SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The contracts for both LELS and AFSCME are up at the end of 2022 and the city will begin contract negotiations this month. The City Council will need to select two members to serve on the negotiating committee along with Finance Director Lori Bartlett and City Labor Attorney Brandon Fitzsimmons. ATTACHMENTS: None REQUESTED COUNCIL ACTION: Select two City Council Members to serve on the union contract negotiating committee. Council Agenda Item 9a MEETING DATE: October 3, 2022 AGENDA ITEM: Park Board Ordinance SUBMITTED BY: Administration STAFF RECOMMENDATION: Adopt Amendments to Ordinance 203 Park Board and approve summary publication. PREVIOUS COUNCIL ACTION: On September 6, 2022 the City Council directed staff to draft amendments to the Park Board Ordinance. BACKGROUND INFORMATION: For the last year, there has not been full attendance at Park Board meetings and even times when there is not a quorum. The City’s Park Board ordinance establishes a 7- member board, one in which is a council member who has no voting rights. Staff reached out to City Attorney Sue Dege regarding clarification on a quorum. Legal counsel clarified that since the council member has no voting rights, they should not be counted toward the achievement of a quorum. By statute, the park board should have 3, 5, 7 or 9 members. The standard rule applicable to most boards is that a majority of the voting members (whether present or not) constitutes a quorum. This standard rule should be applied unless the authorizing documents (in this case the ordinance), establishes a different rule for determining a quorum. In this case, 4 voting members must be present to have a quorum because that is a majority of the 6 voting members. Then 3 of the 4 would have to vote in favor of anything in order for it to pass. Sue Dege recommends the ordinance be amended to either allow the council liaison to vote, or to reduce the number of voting members to an odd number. The proposed amendments update the members to six with five voting members and one non-voting council member. Additionally, the proposed changes include updating the duties and responsibilities, and adding language on attendance and quorum for clarity. ATTACHMENTS: Ordinance 2022-008 Resolution 2022-049 REQUESTED COUNCIL ACTION: Motion 1: Adopt Ordinance 2022-008 Amending Ordinance 203 Park Board Motion 2: Approve Resolution 2022-049 Directing Summary Publication 203-0 ORDINANCE NO 2022-008 AN ORDINANCE AMENDING ORDINANCE 203 PARK BOARD New language is underlined Stricken language is crossed out. IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH MINNESOTA: That Ordinance 203 is hereby amended as follows: ORDINANCE 203 PARK BOARD Section 203.01: MEMBERS AND TERMS. There shall be established a Park Board consisting of seven six members appointed by the Mayor with the approval of the City Council. Subd. 1: Six Five members of the Board shall be residents of the City of St. Joseph who shall be appointed for a term of three calendar years. The terms of these members shall be staggered so that no more than two members shall have terms expiring in any given year. To achieve staggered terms, some of the initial appointments may be for a term of less than three years. Members shall serve until their successor is appointed and qualified. Members shall receive compensation as may be established by resolution of the City Council. Members may be removed by the Mayor with approval of the City Council. Subd. 2: The remaining member of the Park Board shall be appointed annually by the City Council and shall be one of its own members. The City Council member of the Board shall not have voting powers and shall serve a term of only one year. Section 203.02: OFFICERS. The Board shall elect from its members a Chair, Deputy Chair and Secretary for a term of one year. The Chair shall preside over all meetings, represent the Park Board before the City Council, and undertake such other responsibilities as may be delegated or authorized by the By-Laws of the Park Board. The Deputy Chair shall assume the duties of the Chair in the Chair's absence. The Secretary shall prepare agendas for meetings and maintain records of business transacted by the Park Board. Section 203.03: MEETINGS. The Park Board shall hold at least one regular meeting during every three month period. It shall adopt rules and by-laws for the transaction of business. Section 203.04: REPORTS. 203-1 Subd. 1: On or before the second Council meeting of January of each year, the Park Board shall file a statement of receipts and expenditures incurred during the previous calendar year. The Park Board shall maintain records to document each receipt and expenditure to support the annual statement. Subd. 2: On or before August 1st of each calendar year, the Park Board shall deliver to the City Administrator/Clerk a proposed operating budget for the upcoming calendar year. The budget shall be considered and approved by the City Council prior to its implementation. Any changes or amendments in the operating budget of the Park Board shall be resubmitted to the City Council for approval. Section 203.05: DUTIES AND RESPONSIBILITIES. The Park Board shall have the following duties and responsibilities:, subject to the restrictions contained in Section 23.6: Subd. 1: The Park Board may acquire land for park purposes. Subd. 2: The Park Board shall assert control and authority over property set aside for park purposes. Subd. 3: The Park Board shall interview and recommend the employment of necessary personnel, and recommend compensation for personnel. Subd. 4: The Park Board shall direct the construction of facilities and improvements to park property. Subd. 5: The Park Board shall purchase necessary materials, supplies, equipment, and services for the development and maintenance of parks as well as the implementation of recreational and educational programs. Subd. 6: The Park Board shall maintain and care for park property. Subd. 7: The Park Board shall provide plan for free musical and other entertainment for the general public. Subd. 8: The Park Board shall plan and develop educational programs and activities for residents of the City. Subd. 9: The Park Board shall promote public interest and understanding of the City's parks, programs, and activities. Subd. 10: The Park Board shall coordinate recreational park activities with other community organizations or groups. Subd. 11: The Park Board shall solicit contributions from other organizations and businesses to be used for the funding of park programs. 203-2 Subd. 12: The Park Board shall undertake such other responsibilities or duties as may be specifically delegated by the City Council. SECTION 203.06: ATTENDANCE.A member missing three meetings within a one-year time frame may be removed by the Mayor with approval of the City Council. SECTION 203.07: QUORUM. A quorum is necessary for the transaction of business at any meeting. A quorum consists of at least three voting members. Section 203.06: LIMITATIONS. The Park Board may not undertake any of the following actions or activities without prior approval of the City Council: Subd. 1: Enter a contract for the purchase of property, equipment, goods, materials, or services for more than $3,000. Subd. 2: Hire an individual as an employee of the City of St. Joseph. This provision does not limit the authority of the Park Board to employ independent contractors to provide specific services if the total consideration for the contract is less than $3,000. Subd. 3: Expend monies not specifically authorized or designated in the budget approved by the City Council, or approved amendments thereto. Subd. 4: Order park related work to be performed by employees of the City Maintenance Department which is outside the scope of the usual and customary park related duties and responsibilities of the employees. The City Council further ordains that Ordinance 203, setting the date of elections, shall be merged with Ordinance 202, and for purposes of the Code, it shall be renumbered as Section 202.03 of the Code. Updated 4/29/94 This ordinance becomes effective from and after its passage and publication. Passed by the City Council of St. Joseph, Minnesota this 3rd day of October, 2022. Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2022. RESOLUTION 2022-049 DIRECTING SUMMARY PUBLICATION OF ORDINANCE NO. 2022-008 The following official summary of the ordinance referred to has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of the amendments. Ordinance 203 Park Board The ordinance amendment updates the members and terms to six members, updates reports, and duties and responsibilities, and adds language on attendance and quorum. A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk, Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at www.cityofstjoseph.com. This document hereby is made a part of this ordinance and is attached hereto. Rick Schultz, Mayor ATTEST: Therese Haffner, City Administrator SEAL PUBLISHED IN THE ST. CLOUD TIMES ON , 2022. Council Agenda Item 9b MEETING DATE: October 3, 2022 AGENDA ITEM: Licensing and Regulation of Consumption of Intoxicating Liquor SUBMITTED BY: Administration STAFF RECOMMENDATION: Adopt Amendments to Ordinance 701 Licensing and Regulation of Consumption of Intoxicating Liquor and approve summary publication. Approve Application for Small Brewer Off Sale – 128 ounces per day as submitted by Bad Habit Brewing Company, LLC. PREVIOUS COUNCIL ACTION: None BACKGROUND INFORMATION: The Legislature passed a law that went into effect on May 23, 2022, that made changes to liquor licenses and rules. The law allows a licensed brewer that produces under 7,500 barrels of malt liquor in a year the ability to be issued a license for off-sale of up to 128 ounces per customer per day in packaging that conforms to state and federal regulations. A separate license application from the state will need to be completed and approved by the City Council. Bad Habit Brewing has submitted their application for Small Brewer Off-Sale, 128 ounces per day and staff is recommending approval of the license. Additional changes to the ordinance include: • adding language regarding licensing and regulation of Microdistillerys in the City of St. Joseph • language updates, grammar corrections, removal of redundant language ATTACHMENTS: Ordinance 2022-009 Resolution 2022-050 Small Brewer Off-Sale, 128 Ounces Per Day Application REQUESTED COUNCIL ACTION: Motion 1: Adopt Ordinance 2022-009 Amending Ordinance 701 Licensing and Regulation of Consumption of Intoxicating Liquor Motion 2: Approve Resolution 2022-049 Directing Summary Publication Motion 3: Approve Small Brewer Off-Sale, 128 Ounces Per Day license for Bad Habit Brewing Company 0 ORDINANCE NO 2022-009 AN ORDINANCE AMENDING ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF INTOXICATING LIQUOR New language is underlined Stricken language is crossed out. IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH MINNESOTA: That Ordinance 701 is hereby amended as follows: ORDINANCE 701 LICENSING AND REGULATION OF CONSUMPTION OF INTOXICATING LIQUOR Section 701.01: PROVISIONS OF STATE LAW ADOPTED. The provisions of Minn. Stat. Ch. 340A, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licensees, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full, except as herein altered or modified under the authority provided to municipalities in Minn. Stat. § 340A.509. Section 701.02: LICENSE REQUIRED. Subd. 1: General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this ordinance. Liquor licenses shall be of four kinds: "on-sale", "off-sale", "club" and "temporary on-sale" licenses. Subd. 2: On- Sale Licenses. "On- sale" licenses shall be issued only to clubs, restaurants, and exclusive liquor stores and shall permit "on- sale" of liquor only. Subd. 3: Off- Sale Licenses. "Off- sale" licenses shall be issued only to exclusive liquor stores and shall permit "off sales" of liquor only. Subd. 4: Special Club Licenses. Special club licenses shall be issued only to incorporated clubs which have been in existence for fifteen (15) years or more or to congressionally chartered veterans' organizations which have been in existence for ten (10) years. Subd. 5: Temporary On-Sale Licenses. a) "Temporary on-sale" intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, may be issued only in connection with a social event sponsored by a club, charitable, religious, or other nonprofit corporation that has existed for at least three 701-1 years; a political committee registered under state law; or a state university. No license shall be for longer than four consecutive days, and the city may issue a three four-day, four three-day, six two-day, or twelve one-day temporary license in any combination, not to exceed 12 days per year to any one organization, or for any one location within a twelve month period. shall be issued to a qualified applicant for a specified continual time period not to exceed four (4) days. All “temporary on-sale” licenses expire at 12:01 a.m. on the day following the last day of the license period. The “temporary on-sale” license shall be subject to the general terms and conditions of this ordinance, unless clearly inapplicable, with the following additions and/or changes: b) A brewer who manufactures fewer than 3,500 barrels of malt liquor in a year or a microdistillery a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the brewer or microdistillery. a) A "temporary on-sale" license shall be issued only to organizations or entities which qualify as a non-taxable organization as defined by Sec. 501(c) (3-8) of the Internal Revenue Code. b) Application for the "temporary on-sale" license shall be submitted at least 90 days prior to the date of applicability. The City Council may waive the 90 day deadline, but if doing so, shall charge a late fee not to exceed $250.00. c) The license fee shall be paid at the time of application, subject to refund if the license is denied. d) Proof of liability insurance in accordance with Section 701.07 Subd. 3 shall be delivered to the City Clerk/Administrator prior to issuance of the license. e) The City Council may waive the investigation fee required by Section 701.05 Subds. 1 and 2 for applicants that have been in existence and operation in the City of St. Joseph for the five years preceding the application. f) The "temporary on-sale" license is non-transferable. g) The maximum number of "temporary on-sale" licenses which may be issued to an entity or organization in a single calendar year is three three-day, two three-day, one four-day, or six one-day licenses, or in any combination not to exceed six days per year. Section 701.03: BREWERY/TAPROOM LICENSE Subd. 1: A Brewer licensed under Minn. Stat. §340A.301 may be issued an On-Sale Brewery Taproom License for the “on-sale” of malt liquor produced on the licensed premises, subject to the following conditions: a) The on-sale of malt liquor may only be made during the days and hours that “on- sale” of liquor may be made, as prescribed by State Law or within this Chapter. 701-2 b) A Brewer may only hold one (1) Brewery License within the City. c) The only alcohol beverage that may be sold or consumed on the premises of a licensed Brewery Taproom will be the malt liquor produced by the Brewer upon the Brewery Taproom Premises. d) The holder of a Brewery Taproom License who also holds a Brew Pub off-sale license is permitted to sell Growlers which is defined as a container with a capacity of up to 64 ounces, for the take-out or off-sale of craft beer. The Growler must be sealed by a paper or adhesive band aid strip or sleeve that is applied over the top of the closure in such a manner that the seal must be broken in order to open the container. The adhesive band, strip or sleeve shall bear the name and address of the brewer. e) Nothing in this subdivision precludes the holder of a Brewer Taproom License from also holding a license to operate a restaurant on the premise of the brewery. Subd. 2. A Brewery Taproom License may not be issued to a Brewer if the Brewer seeking the license, or any person having an economic interest in the Brewer seeking the license or exercising control over the Brewer seeking the license, is a Brewer that brews or produces more than 250,000 barrels of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually, as defined and prescribed by Minn. Stat. § 340.301. Section 701.04: BREW PUB OFF-SALE INTOXICATING LICENSE Subd. 1: A Brew Pub Off-Sale Intoxicating Malt Liquor license may be issued to a brewer who holds a brewer license issued by the Minnesota Commissioner of Public Safety for the operation of a brewpub and shall be operated in and as a part of a restaurant establishment for which an on-sale intoxicating liquor license has been issued by the city. a) An off-sale license may be issued solely for the malt liquor produced and packaged on the licensed premises and only upon approval of the license by the Minnesota Commissioner of Public Safety. b) Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores and must be removed from the licensed premises before the applicable off-sale closing time requirements. c) Only malt liquor may be brewed or manufactured at the licensed premises and not more than 3,500 barrels of malt liquor in a calendar year may be brewed or manufactured at the licensed premises. d) The malt liquor sold off-sale shall be packaged in 64-ounce containers commonly known as "growlers" and shall have the following requirements for packaging: 1. The containers shall bear a twist type closure, cork, stopper or plug. 2. At the time of sale, a paper or plastic adhesive band, strip or sleeve shall be applied to the container and extend over the top of the twist type 701-3 closure, cork, stopper or plug forming a seal that must be broken upon opening of the container. 3. The adhesive band, strip or sleeve shall bear the name and address of the brewer/licensee selling the malt liquor. 4. The containers shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer/licensee selling the malt liquor, and the contents in the container packaged as required herein shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. Class O: Brew Pub Off-Sale Intoxicating Section 701.05: SMALL BREWER OFF-SALE INTOXICATING Subd. 1: A “Small Brewer Off-Sale Intoxicating" license authorizes a micro-brewery that manufactures less than 20,000150,000 barrels of malt liquor per year to sell malt liquor to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by Minn. Stat. §340A.301. The amount of malt liquor sold at off-sale may not exceed 500 barrels annually; off-sale shall be limited to the legal hours for off-sale at exclusive liquor stores, and the off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. a) The malt liquor shall be packed in 64-ounce containers commonly known as "growlers" or in 750 milliliter bottles. The containers or bottles shall bear a twist-type closure, cork, stopper, or plug. At the time of the sale, a paper or plastic adhesive band, strip, or sleeve shall be applied to the container or bottle and extended over the top of the twist-type closure, cork, stopper, or plug forming a seal that must be broken upon opening of the container or bottle. The adhesive band, strip, or sleeve shall bear the name and address of the brewer. The containers or bottles shall be identified as malt liquor, contain the name of the malt liquor, bear the name and address of the brewer selling the malt liquor, and shall be considered intoxicating liquor unless the alcoholic content is labeled as otherwise in accordance with the provisions of Minnesota Rules, part 7515.1100. b) A brewer may, but is not required to, refill any growler with malt liquor for off- sale at the request of a customer. A brewer refilling a growler must do so at its licensed premises and the growler must be filled at the tap at the time of sale. A growler refilled under this paragraph must be sealed and labeled in the manner described in paragraph (a). c) A brewer may only have one license under this subdivision. d) The City may not issue a license under this subdivision to a brewer if the brewer seeking the license, or any person having an economic interest in the brewer seeking the license or exercising control over the brewer seeking the license, is a brewer that brews more than 20,000150,000 barrels of its own brands of malt liquor annually or a winery that produces more than 250,000 gallons of wine annually. 701-4 Class P: Small Brewer Off-Sale Intoxicating Sections 701.03 – 701.05 added 4/06/15 Section 701.06: SUNDAY GROWLER OFF-SALE INTOXICATING: Authorizes a small brewer that manufactures less than 20,000150,000 barrels of malt liquor per year to sell malt liquor to the public in 64-ounce containers, commonly known as “growlers,” or in 750 milliliter bottles as permitted by Minn. Stat. 340A.301, on Sundays between the hours of 10:008:00 am to 10:00 pm. Class Q: Sunday Growler Off-Sale Intoxicating Section 701.07: SMALL BREWER OFF-SALE 128 OUNCE INTOXICATING: Subd. 1: Small Brewer off-sale 128-ounce license allows a brewer licensed under Minnesota Statute 340A.301 that produces 7,500 barrels or less of malt liquor annually to be issued a license by a municipality for off-sale of up to 128 ounces per customer per day in any packaging conforming to state and federal regulation. a. Breweries that exceed 7,500 barrels annually do not qualify for this license b. 128-ounce brewer off-sale malt liquor licenses may also be issued, with approval of the commissioner, to a holder of a brewer’s license under Minnesota Statute 340A.301, Subd. 6(c), (i) or (j) and meeting the criteria established by Minnesota Statute 340A.29 as may be amended from time to time. c. The amount of malt liquor sold at off-sale under this license may not exceed 128 ounces per customer per day d. The malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. e. Sales shall be limited to the hours as described in Minnesota Statute. 340A.504 Subd. 4. a.f. Packaging of malt liquor for off-sale under this license must comply with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120. Section 701.07: MICRO-DISTILLER COCKTAIL ROOM LICENSE. A cocktail room license may be issued to the holder of a state microdistillery license if at least 50% of the annual production of the licensee is processed and distilled on premise. A microdistillery cocktail room license authorizes on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller. The holder of a microdistillery cocktail room license may also hold a license to operate a restaurant at the distillery. A distiller may only have one cocktail room license and cannot have an ownership interest in an additional distillery. No single entity may hold both a microdistillery cocktail room and taproom license and a microdistillery cocktail room and taproom may not be co-located. Within 10 days of the issuance of the microdistillery cocktail room license, the city shall inform the Commissioner of Public Safety of the licensee’s name and address and trade name, and the effective and expiration dates of the license. The city shall also inform the Commissioner of Public Safety of a microdistillery cocktail room license transfer, cancelation, suspension, or revocation during the license period. 701-5 A licensed distillery may provide on its premises samples of distilled spirits manufactured on its premises, in an amount not to exceed 15 milliliters per variety per person. No more than 45 milliliters may be sampled under this paragraph by any person on any day. Section 701.08: MICRO-DISTILLER OFF-SALE LICENSE. A microdistiller off-sale license may be issued to a state-licensed microdistillery for sales of distilled spirits produced on- site. To be eligible for an off-sale license, the microdistillery must process and distill at least 50% of the licensee’s annual production on the premises of the microdistillery. A microdistillery off-sale license authorizes off-sale of one 375 milliliter bottle per customer per day of product manufactured on-site provided the product is available for distribution to wholesalers. Section 701.09: MICRODISTILLER TEMPORARY ON-SALE LICENSE. A microdistillery temporary on-sale intoxicating liquor license may be issued to the holder of a state microdistillery license. This license authorizes on-sale of intoxicating liquor in connection with a social event within the city sponsored by the microdistillery. Section 701.07: APPLICATION FOR LICENSE. Subd. 1: Form. Every application for a license to sell liquor shall state the name of the applicant, his/her age, representations as to his/her character, with such references as the council may require, his/her citizenship, the type of license applied for, the business in connection with which the proposed license will operate and its location, whether the applicant is owner and operator of the business, how long he/she has been in that business at that place, and such other information as the council may require from time to time. In addition to containing such information, the The application shall be in the form prescribed by the commissioner of public safety and shall be verified and filed with the City Clerk/Administrator. No person shall make a false statement in an application. Subd. 2: Bond. (Bonding requirements repealed 1991) Subd. 32: Liability Insurance. Prior to the issuance of an "on sale"on-sale or "off sale"off-sale intoxicating liquor license, the applicant must demonstrate proof of financial responsibility with regard to liability imposed by Minn. Stat. §340A.409 with the Commissioner of Public Safety and the City Clerk/Administrator of St. Joseph as a condition of the issuance or renewal of his/her license. Proof of financial responsibility may be given by filing. a) A certificate that there is in effect an insurance policy or pool providing the following minimum coverages: 1. Fifty Thousand Dollars ($50,000) because of bodily injury in any one person in any one occurrence, and, subject to the limit for one person, in the amount of One Hundred Thousand Dollars ($100,000) because of bodily injury to two or more persons in any one occurrence, and in the 701-6 amount of Ten Thousand Dollars ($10,000) because of injury to or destruction of property of others in any one occurrence. 2. Fifty Thousand Dollars ($50,000) for loss of means of support of any one person in any one occurrence, and, subject to the limit for one person, One Hundred Thousand Dollars ($100,000) for loss of means of support of two or more persons in anyone occurrence; or b) A bond of a surety company with minimum coverages as provided in clause a), or c) A certificate of the State Treasurer that the licensee has deposited with him One Hundred Thousand Dollars ($100,000) in cash or securities which may legally be purchased by savings banks or for trust funds having a market value of One Hundred Thousand Dollars ($100,000). The liability insurance policy required by this subdivision shall provide that it may not be cancelled for any cause, either by the insured or the insurance company without first giving ten days notice to the City in writing of intention to cancel it, addressed to the City Clerk/Administrator of the City of St. Joseph. The operation of an "off sale"off-sale or "on sale"on-sale business without having on file at all times with the City Clerk/Administrator the liability insurance policy herein referred to shall be grounds for immediate revocation of the license. Lapse of insurance or other evidence of financial responsibility will trigger an automatic revocation of the license. Notice of cancellation of a current liquor liability insurance policy shall also serve as notice to the licensee of the impending revocation and that unless evidence of compliance with the financial responsibility requirement is presented to the City Clerk/Administrator before the termination is effective, the license will be revoked instantly upon the lapse of insurance or other financial responsibility. Section 701.08: LICENSE FEES. Subd. 1: Payment . No "off sale" license or club license shall be issued until the full fee is paid to the City Treasurer, and no "on sale" license shall be issued until one half of the required fee is paid to the City Treasurer, and a promissory note for the remaining one half of the fee payable 6 months thereafter, and providing for the payment of collection fees equal to one half of the amount of the note, payable to the City of St. Joseph, is deposited with the City Treasurer.All license fees shall be paid in full at the time the application is filed with the city. Subd. 2: Fees. The annual fee for an “on-sale” or “off-sale” liquor license shall be established by resolution of the City Council, and the maximum amount allowed by law for a special club license. The fee for a temporary on-sale license shall be set by City Council Resolution.The Council establishes the fees by Ordinance for any of the liquor licenses it is authorized to issue. The license fee may not exceed the cost of issuing the license and other costs directly related to the enforcement of the liquor laws and this ordinance. No liquor license fee shall be increased without providing mailed notice of a hearing on the proposed increase to all affected licensees at least 30 days before the hearing. 701-7 Subd. 3: Term; Pro Rata Fee. Other than the "temporary on-sale" license, each license shall be issued for a period of one year. except that if If the application is made during the license year, the license may be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being counted as one month. Every license shall expire on June 30. Subd. 4: Refunds. No part of the fee paid for any license issued under this Ordinance shall be refunded except in the following instances upon application request to the City Council within 30 days from the happening of the event. There shall be refunded a pro rata portion of the fee for the unexpired period of the license, computed on a monthly basis when operation of the licensed business ceases not less than one month before expiration of the license because of: a) Destruction or damage to the licensed premises by fire or other catastrophes. b) The licensee's illness. c) The licensee's death. d) A change in the legal status of the municipality, making it unlawful for the licensed business to continue. Section 701.09: GRANTING OF LICENSES. Subd. 1: Preliminary Background and Financial Investigation. On an initial application for an "intoxicating liquor" license and on application for transfer of an existing "intoxicating liquor" license, the city shall conduct a preliminary background and financial investigation of the applicant or it may contract with the Commissioner of Public Safety for the investigation. tThe applicant shall pay with his/her application an investigation fee of not to exceed Five Hundred Dollars ($500.00) and the City shall conduct a preliminary background and financial investigation of the applicantwhich shall be in addition to any license fee. The application is such case shall be made on a form prescribed by the state bureau of criminal apprehension and with such additional information as the council may require. If the council deems it in the public interest to have an investigation made on a particular application for renewal of an "intoxicating liquor" license, it shall so determine. Subd. 2: Investigation Outside State. If an investigation outside the state is required, the applicant shall be charged the actual cost of the investigation, not to exceed Ten Thousand Dollars ($10,000), which shall be paid by the applicant after deducting any initial investigation fee already paid. The fee shall be payable by the applicant whether or not the license is granted. Subd. 3: Investigation Authorized. In any case, if the council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the bureau of criminal investigation for the investigation. 701-8 a) Pursuant to Minnesota Statutes Section 13.87, the St. Joseph Police Department is authorized to conduct criminal history background investigations for on-sale and/or off-sale liquor license applicants using Minnesota Computerized Criminal History data (purpose code E). Access to federal or interstate indexes for these purposes is expressly prohibited. b) Before the background investigation is begun, the applicant must authorize the police department in writing to undertake the investigation and to release the information to the City Council, City Administrator, City Attorney and/or other appropriate City staff as necessary. Subd. 4: Hearing and Issuance. The City Council shall investigate all facts set out in the application and not investigated in the preliminary background and financial investigation conducted pursuant to Subdivisions 1 through 3. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and hearing, the council shall, in its discretion, grant or refuse the application. No "off sale" license shall become effective until it, together with the security furnished by the applicant, has been approved by the commissioner of public safety. Subd. 53: DenialCouncil Discretion to Grant or Deny a License. No liquor license shall be issued, transferred, or renewed if the results show to the satisfaction of the council that issuance would not be in the public interest. If the City rejects an application made pursuant to this Section, the City Administrator shall, within 14 days, notify the applicant in writing of the following: a) The grounds and reason for the denial; b) A list of deficiencies that, when corrected, would allow a reconsideration of the license application; and c) Any appeal process(es) available to the applicant for reconsideration of the license request.The Council in its sound discretion may either grant or deny the application for any license or for the transfer or renewal of any license. No applicant has a right to a license under this ordinance. Subd. 64: Questioned Identity. Questioned identity situations may occur. Fingerprint verification will be allowed for cases where it is not clear if a record based on a name and date of birth search accurately corresponds to the subject of the inquiry. Subd. 75: Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval. Any transfer of stock of a corporate licensee is deemed a transfer of the license and a transfer of stock without prior council approval is a ground for revocation of the license. 701-9 Subd. 8: Notice of Availability of License. If an on-sale or off-sale license becomes available because of non-renewal, recision or cancellation, or because of the availability of an additional license not previously issued by the City, the City shall advertise the availability of the license in the official legal newspaper of the City to provide notice of any interested parties. The notice shall inform the public that an application shall be submitted with the required investigation fee to the City Clerk/Administrator within 20 days of the date of publication. All applications so received shall be investigated in accordance with Subds. 1 through 3 of this section and the license may be granted after the City Council conducts a hearing on the various applications pursuant to Subd. 4 herein. In the event of multiple applications for a single license, the City Council shall consider the following criteria when determining the applicant to whom the license shall be granted: a) The applicant's past compliance with the general requirements of state and local law. b) The results of the background investigation, including general moral character, any criminal charges or indictments not resulting in conviction, or conviction for offenses not acting as a total bar to license eligibility. c) The applicant's failure to comply with ordinances or regulation of the City of St. Joseph or other municipality, or any deficiencies or delinquencies in the payment of any taxes, assessments or other financial claims of the City of St. Joseph or any other municipality. d) The applicant's financial responsibility and ability to meet the legal requirements of the operation of the licensed premises. e) The intent and feasibility of the applicant to actively participate in the operation and management of the licensed premises. f) The attitude of the applicant toward the enforcement of liquor laws and laws relating to liquor consumption. g) The location at which the applicant proposes to operate the licensed premises, and the manner in which the location will compliment or contradict surrounding property uses, as well as the availability of off-street parking. h) Past experience of the applicant in the operation of a liquor establishment. i) Insurability of the applicant. Section 701.10: PERSONS INELIGIBLE FOR LICENSE. No license shall be granted to or held by any person: a) Under 21 years of age. 701-10 b) Who is not of good moral character or repute. c) Who, if he/she is an individual, is not a resident of the State of Minnesota, or does not become a resident of the State of Minnesota within 90 days after the license is issued. If the applicant is a corporation, at least one principal officer of the corporation must be a resident of the State of Minnesota or must become a resident of the State of Minnesota within 90 days after the license is issued. d) Who is or has been convicted of any violation of any law in the United States or the State of Minnesota or of any local ordinance regarding the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked or who has committed a willful violation of any such laws or ordinance. e) Who is a manufacturer or wholesaler of intoxicating liquor or is interested directly or indirectly in the ownership or operation of any such business. f) Who is directly or indirectly interested in any other establishment in the municipality to which a license of the same class has been issued under this Ordinance. g) Who has not met the general requirements for City approvals under Section 104.06 of the St. Joseph Code of Ordinances. Section 701.06(g) added: 11/2013 Section 701.11: PLACES INELIGIBLE FOR LICENSE. Subd. 1: General Prohibition. No license shall be issued for any place or any business ineligible for such a license under state law. Subd. 2: Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. Section 701.12: CONDITIONS OF LICENSE. Subd. 1: In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, state law or regulation. Subd. 2: Licensee's Responsibility. Every licensee is responsible for the conduct of his/her place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the 701-11 licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee. Subd. 3: Inspections. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to conduct compliance checks and to otherwise enter, inspect, and search the premises of the licensee during business hours and after business hours during the time when customers remain on the premises without a warrant., within one and one-half hours after the closing times as prescribed by law or at anytime anyone is present on the licensed premises. Subd. 4: Annual Fire Inspection. Every licensee shall complete a Fire Inspection to check for the following: a. Unobstructed exits; b. Verification of posted occupancy load c. Fire extinguishers d. Kitchens – Fire suppression in hoods e. Other Fire Hazards that may be present. Such inspection must be completed between May 15 and June 15 of each calendar year. Licensees not completing and passing the inspection will not be eligible for renew or issuance. Subd. 5: Removal of Trash and Debris. Trash and debris within the establishment’s property or property within 50 feet of the establishment shall be cleaned no later than 9:00AM the following day, and all trash and debris located within that area, or trash and debris located adjacent to the area but originating from the designated outside area, shall be picked up and removed within that time period. Trash and debris consist of, but is not limited to cigarette butts, glass, paper, cans and other rubbish. Subd. 6: Transaction Device Scanner: License holders with a 2:00 a.m. State License are required to use a transaction scan device or similar approved method at a point of sale or entry to verify the age and identification of patrons. “Transaction scan device” meanis any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver’s license or other government-issued photo identification. Proof of use will include random checks as well as the establishment seizing and releasing to the Police Department all false identification cards obtained. Subd. 7: Seized Identification Forms: A licensed retailer or municipal liquor store may seize a form of identification if the retailer or municipal liquor store has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A retailer or municipal liquor store that seizes a form of identification as authorized under this paragraph must deliver it to a law enforcement agency within 24 hours of seizing such. Subd. 8: Annual Meeting with Police Chief Required. Both the licensee and at least one of the managers that is responsible for conducting the licensee’s business at which liquor is sold must attend a meeting with the City’s Police Chief once per year to discuss the topics of liquor 701-12 license rules and their enforcement. The date, time and location of the meeting will be set by the Police Chief. Subd. 9: Nudity and Sexual Conduct Prohibited. The following acts or conduct on licensed premises are strictly prohibited: a) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing so as to expose or to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. b) To employ or use services of any host or hostess while such host or hostess is unclothed or in such attire, costume or clothing as described in Subd. 1 above. c) To employ or use any dancers, musicians, or other performers or entertainers, who are unclothed or in such attire, costume or clothing as described in Subd. 1 above. d) To directly or indirectly sponsor any contests which may foreseeably cause, result in or lead to the occurrence of the acts or incidents described in this Subd. 5section. e) To encourage or permit any person on the licensed premises to touch, caress or fondle breasts, buttocks, anus or genitals of any employee of the licensee or any performers or entertainers who are employed or whose services are used by the licensee. f) To permit any person to perform acts of or acts which simulate: 1. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. 2. Masturbation or bestiality. 3. With or upon another person the touching, caressing or fondling of the buttocks, anus, genitals or female breasts. 4. The displaying of the pubic hair, anus, vulva, genitals or female breasts below the top of the areola. g) To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. 701-13 h) To permit any person to remain in or upon the licensed premises, or any area owned or controlled by the licensee which is viewable from upon the licensed premises, who exposes to public view any portion of his or her genitals or anus. i) To permit the showing of film, still pictures, electronic reproduction, or other visual reproduction depicting: 1. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual act which is prohibited by law. 2. Any person being touched, caressed or fondled on the breast, buttocks, anus, or genitals. 3. Scenes wherein a person displays the vulva, the anus or the genitals. 4. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described herein. j) A violation of any portion of this section shall be punishable as a misdemeanor. Both the licensee and the person(s) actually engaging in any of the prohibited acts shall be criminally liable. Any violation of this section shall also constitute grounds for revocation or suspension of the licensee's license, in accordance with the rules and procedures otherwise established by this ordinance and state law. Section 701.13: HOURS OF OPERATION. Subd. 1: Applicability of State Laws. No sale of intoxicating liquor shall be made at any time when the sale of intoxicating liquor shall be prohibited by state law, except that no sale of intoxicating liquor shall be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, nor after 2:00 a.m. and 10:00 a.m. on Sunday. Except as provided by Section 701.09 13 Subdivision 2. Subd. 2: Sunday Liquor. A restaurant, club, or hotel with a seating capacity of at least 30 persons and which holds an on- sale intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food after the hour of 10:00 a.m. on Sundays. An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. Any establishment requesting a Sunday license must show that they are in conformance with the Minnesota Clean Air Act. A license must be issued by the governing body of the municipality for a period of one year, and a fee as established by resolution of the City Council may b e charged, but in no event shall said fee exceed the sum of Two Hundred Dollars ($200). The sale of liquor on Mondays between the hours of 12:00 a.m. and 1:00 a.m. is permitted unless otherwise prohibited by State law. 701-14 Subd. 3: Display of Liquor after Hours. All persons, except the licensee, his/her bona fide employees, and the law enforcement officers, shall be excluded from the premises within 30 minutes after the expiration of the time on any day when intoxicating liquor may be legally sold therein. It shall be unlawful to permit the consumption or displaying of intoxicating liquors later than 30 minutes after the sales must terminate. It shall be conclusively presumed that any intoxicating liquor remaining on a bar or in a booth or on a table thereafter shall be for the purpose of consuming the same in violation of this section. Subd. 4: Enforcement by Licensee. The named licensee shall be responsible for the enforcement of this section and failure to do so shall be a violation of this Ordinance whether the named licensee, or any officer thereof, is physically present when the offense occurred. If the licensee is operating any other lawful business in the building in which the licensed bar is located, no intoxicating liquor shall be served, nor permitted to be consumed, on the premises where such other business is conducted during the time when the bar must be closed as aforesaid. Subd. 5: Sales after 1:00 a.m. Permit Fee: No licensee may sell intoxicating liquor or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the licensee has obtained a permit from the Commissioner. Application for the permit must be on a form the Commissioner prescribes. Permits are effective for one year from the date of issuance. The fee for the permit is based on the licensee’s gross receipts from on-sale of alcoholic beverages in the 12 months prior to the month in which the permit is issued and is at the rates established in Minnesota Statute 340A.504, Subd. 7. Section 701.14: CLUBS. No club holding a special club license shall sell liquor except to members. No other licensed club shall sell liquor except to members, and to guests in the company of members. Section 701.15: RESTRICTIONS ON PURCHASE OR CONSUMPTION. Subd. 1: Persons to Whom Sale is Illegal. a) No persons to whom the sale of intoxicating liquor is forbidden by state law shall misrepresent his/her age for the purpose of obtaining intoxicating liquor nor shall he/she enter any licensed premises under this Ordinance in order to procure said beverages, or to consume or purchase, or attempt to purchase, or have another purchase for him, such beverages on licensed premises. b) No person shall induce a person to whom the sale of intoxicating liquor is forbidden by state law to purchase or procure intoxicating liquor. c) Except as hereinafter provided, no person to whom the sale of intoxicating liquor is forbidden shall enter or remain in any place where intoxicating liquors are sold or given away. A person to whom the sale of intoxicating liquor is forbidden may be permitted to remain in specified areas of licensed premises if said person: 701-15 1. Is accompanied by his/her parent or legal guardian, or 2. Is in the restaurant for the purposes of eating, or 3. Is in a bona fide bowling establishment for the purpose of bowling or watching others bowl, or 4. Is in an approved game room area no later than 9:00 p.m. for the purpose of using or watching others use amusement devices, or 5. Is an employee of the licensed premises who is 18 years of age or older and is on the premises for purposes of his/her employment, or 6. Is a guest at a private reception or party. d) For the purposes of this ordinance: 1. Private Reception or Party. Shall mean an event held in licensed premises that is not open to the public and attendance is limited to a discreet and identifiable group of persons invited by a host, which group may include persons under the age of twenty-one (21). 2. Host. For purposes of this ordinance is a person, at least 21 years of age, who has rented a discreet portion or all of the licensed premises, which person is financially responsible for the rental of the premises. The general public may not be allowed into or invited to the private party. 3. Game Room. Is defined as an enclosed area, separate and apart from the areas in which intoxicating liquor is sold or served, which is equipped with amusement devices and which has as its primary purpose the use and enjoyment of said amusement devices, provided, however, that no such area shall qualify as a game room if intoxicating liquor is served or delivered to the area by the licensee or his/her employees, before 9:00 p.m. Licensees seeking to establish and operate an approved game room area must first apply to the City Council for approval and must show that the area so designated conforms to the definition of "game room" set forth above. Council approval of any such area is required before minors may be allowed in the licensed premises pursuant to subparagraph d) of this subdivision. 4. Licensed premises. Shall not include any enclosed area, separate and apart from the area in which intoxicating liquor is sold or served, provided that such area is separated by an impermeable floor to ceiling barrier from the area in which intoxicating liquor is sold. Any licensee maintaining such an area at the same site as a licensed premise, shall be responsible for 701-16 preventing persons under the legal age for purchasing intoxicating from entering the licensed premises and preventing the transport of any intoxicating liquor from the licensed premises into the separate area. The presence of an underage person in the licensed premises or the presence of alcohol in the separated area shall both be deemed violations of this ordinance subdivision by the named licensee. e) The named licensee shall be responsible for enforcement of this subdivision, and failure to do so shall be a violation of this Ordinance by the licensee whether the named licensee, or any officer thereof, be physically present when the offense occurred. Subd. 2: Consumption in Public Place. a) No persons shall mix or prepare liquor for consumption in any public place or place of business not licensed to sell liquor "on sale"on-sale and no person shall consume liquor in any such place. b) No liquor shall be sold or consumed on a public highway or in an automobile in any public place in the City of St. Joseph. c) No liquor shall be consumed or carried in an open container on any public street, highway, alley, public sidewalk, public parking lot or private parking lot which is open for use by the general public. d) No person shall consume or carry an open container of any liquor on any parking lot provided for the patrons of a licensee under this Ordinance. The licensee shall be responsible for the enforcement of this Section 701.12, Subdivision 2(d), and permitting any person to consume or carry an open container of liquor on any parking lot provided for the patrons of a licensee under this Ordinance shall be a violation of this Ordinance by the licensee. e) For purposes of this Section, 701.12, Subd. 2 of this Ordinance, the term "Liquor" shall mean for purposes of inclusion but not limitation, all intoxicating liquor and spirits, intoxicating and non-intoxicating malt liquors and wines. f) For purposes of this Section 701.12, Subd. 2, herein, "open container" is defined as any type of container from which a liquid may be readily poured, consumed, or otherwise removed, that has been opened, or the seal broken, or the contents of which have been partially removed. Updated 701.11, Subd. 2(f) on 2/05 Subd. 3: Identification. Every person shall process and show proper identification to a licensee, employee of a licensee or police officer when requested to do so when the following circumstances exist: 701-17 a) The person is entering or present in the premises licensed for the sale of intoxicating liquor. b) The person is in possession of intoxicating or 3.2 percent malt liquor, either on or off licensed premises. For purposes of this ordinance, proper identification shall be limited to a valid driver’s license or official state identification card. Subd. 4: Consumption off the Premises. All intoxicating liquor sold "on-sale" shall be possessed and consumed inside the building where purchased "on-sale" except as allowed in Subdivisions 5 and 6 of this section. No person shall possess or consume any intoxicating liquor outside the building of an "on-sale" business if said intoxicating liquor was purchased "on-sale" except as allowed in Subdivisions 5 and 6 of this section. The licensee shall be responsible for the enforcement of this provision, and permitting a person possessing intoxicating liquor "on- sale" to leave the building shall be a violation of this Ordinance by the licensee. Subd. 5: Outdoor Liquor Sales. Notwithstanding the provisions of Section 701.1215, Subdivisions 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of a building of anof the structure on the license premises "on sale"on-sale business by applying and receiving approval for an Outdoor Sales Permit. An on-sale license holder may include in the application or re- application the additional request to have an area that is contiguous to the completely enclosed licensed premises included in the area licensed to permit the sale and/or consumption of liquor. The contiguous area shall not be part of a public grounds and such area must be specified as included on the liquor liability insurance certificate. and Outdoor Liquor Sales are subject topursuant to the following terms and conditions: a) Time. Sale of liquor in the licensed area is limited to the hours commencing at 10:00 AM and ending at 10:00 PM. Licensees, employees, and agents of any licensee will not serve, dispense or in any manner furnish liquor in the licensed area at any other time.; nor permit the presence of any open bottle or open receptacle containing liquor in the licensed area within 30 minutes after the expiration of the time of any day when liquor may be legally sold. b) Access. The primary access and egress shall be from the main premise or structure and no other access or egress shall be allowed other than those required as emergency exits. c) Free Passage Controlled. The premise shall be defined or structurally constructed so as to prohibit the free passage of any person or substance from the licensed area. d) Supervision. A designated employee shall be assigned, at all times of operation, the responsibilities of supervision of the activities within the Outdoor Sales area. 701-18 e) No Live Entertainment. Live entertainment or the use of sound producing equipment in the licensed area except as permitted by the City Council through an amendment of the Outdoor Sales Permit. All noise shall be controlled in such a manner that it remains in compliance with noise control regulations as set forth in the St. Joseph Code of Ordinances f) Debris. Debris within the designated outside area shall be cleaned within one hour after the closing of the area, and all debris located within the area, or debris located adjacent to the area but originating from the designated outside area, shall be picked up and removed within that time period. g) Additional Terms and Conditions. Any application granted for the licensed area premises will be granted upon such additional terms and conditions as the Council may specify. h) Expiration. Each Outdoor Sales Permit issued pursuant to this subdivision expires June 30th of each year. Application for the succeeding year may be made at any time during that year.Outdoor Sales, if permitted, will occu from April 1 – October 1 of each year. i) Insurance. Any establishment offering outdoor liquor service must file with the City evidence on insurance insuring against liability imposed by law arising out of the ownership, maintenance or operation of such liquor service. The certificate must state that all coverage afforded to the enclosed premise is extended to the outdoor service area. The certificate must further state that coverage may not be cancelled except upon ten days written notice with the City Administrator’s Office. Sale of liquor within the outdoor service area must cease at any time the required insurance is not in place. j) No Expectation of Renewal. Any action of the City allowing outdoor sales must be deemed experimental and as such, no expectation must be had by the licensee that the outdoor area will continue to be permitted through annual licensing, even though no misconduct occurred in the outdoor area. k) Violations. Any violations of the provisions of this Ordinance regulating Outdoor Sales, or of the State Law regulating the sales of liquors, which occur in the licensed area, shall be considered violations of the principal on-sale license for the premises. l) License Fee. The annual fee for an Outdoor Sales Permit shall be established by resolution Ordinance of the City Council. Subd. 6: Temporary Outside Liquor Permit. a) Notwithstanding the provisions of Section 701.1215, Subd.'s 2, 3 and 4 herein, a licensee shall be allowed to sell intoxicating liquor and may allow persons to possess and consume said intoxicating liquor outside of the building of an "on- 701-19 sale" business, pursuant to a special permit from the City. Each permit issued by the City shall be applicable for a single designated period not to exceed 48 hours. The permit shall designate whether it is an “event permit” or a “seasonal permit.” An event permit shall be applicable for a single designated period not to exceed 48 hours. A seasonal permit shall be valid from May 1 through September 1, or a designated portion thereof. Application for a permit must be made to the City Clerk/Administrator at least ninety (90) days prior to the date for which the permit is to apply. Application shall be on a form prescribed by the City Council. Application shall be made in the name of licensee, and the licensee assumes full responsibility for any violation of the terms of the permit, this Ordinance or other law resulting from acts or conduct occurring on the licensed premises at the time the permit is in effect. Application for a permit shall be accompanied by a permit fee established and amended from time to time by Council resolution. The fee is non-refundable. b) Upon receipt, the Clerk/Administrator shall forward the application to the Chief of Police for review, comment and recommendation. Upon completion of police review, the application shall be considered by the Council at a public meeting. Prior to the meeting, the applicant shall notify the owners of property adjacent to the location of the proposed outside liquor of the pending application. c) At the meeting, the Council may either deny or grant the permit and establish reasonable conditions and regulations controlling the permitted activities. When considering a permit request, the Council shall consider the following factors: 1. Protection of the peace and repose of the residents of the City. 2. The safety of City residents and their property. 3. The reasonable concerns of City residents within the vicinity of the proposed activity. 4. The nature of the activity proposed and the manner in which the licensee intends on controlling the activity. 5. The general land use of the surrounding neighborhood. 6. Past experience with events of a similar nature and events held by the applicant. 7. Recommendations of the Police Department relative to public safety, law enforcement and the creation of disturbance. 8. Whether the event is one of general community interest or is in the nature of a civic event. 701-20 d) Permits for temporary outside liquor shall be subject to the following conditions. 1. Outside activities that are conducted in conjunction with liquor sales under this license, including but not limited to the playing of live or recorded music, shall cease at 9:30 p.m. except each license holder may on one night during each calendar year extend the outside activities until 12:00 midnight if the following conditions are met: a.) The event occurs on a Friday or Saturday, on July 3, or on the day preceding Memorial Day or Labor Day; and b.) The licensee has paid a surcharge in an amount established by Resolution Ordinance of the City Council. 2. When the licensee submits his/her application for temporary outside liquor, he/she shall also submit to the Council a Complaint Mitigation Plan. This Plan shall outline actions required by the licensee prior to, during and after an event in order to mitigate the number of complaints from the public regarding the event. The Plan shall be signed by the licensee and must be approved and signed by each of the City’s Department Chairpersonsby the City Council. When creating this plan, the licensee shall utilize the Complaint Mitigation Plan template provided with the application forms. 3. Upon payment of the application fee, the licensee shall also submit payment in the amount of $1,000 that will be deposited into an escrow account by the City and will be used to make payments for repairs, clean- up, fines and other expenses that the City will incur as a direct result of the licensed event(s). Those funds that are not used shall be returned to the licensee. 4. The licensee shall provide an appropriate number of properly trained security personnel to keep order and control during the entire license period. e) In granting a permit for temporary outside liquor, the Council shall establish reasonable conditions to protect public health, safety, repose and property in addition to those listed above. The conditions established by the Council may include, but are not limited to, the following: 1. Limitation of the specific activities permitted. 2. Require measures to limit or regulate noise. 3. Limit the number of participants. 701-21 4. Make special provisions for additional parking. f) In addition to those stated in the permit, all temporary outside liquor event permits shall be subject to the following terms and conditions: 1. Outside liquor shall only be allowed on the licensed premises. 2. Ingress and egress to and from the area in which liquor is served, consumed or possessed must be effectively controlled by a fence, tent wall, building or other structure. 3. The licensee, his/her agents or employees shall supervise the activities or persons within the outside liquor area for the purpose of enforcing the state and local liquor laws, and controlling ingress and egress to the area. 4. No live or recorded music may be played within the outside liquor area after 9:30 p.m., unless a written noise mitigation plan has been approved by the City Council Resolution Council for that specific event. 5. The permitted outside liquor area shall not cause an obstruction of a public street, alley or sidewalk, unless specifically permitted by the Council. 6. The licensee shall repair any damage to public property directly resulting from the activities, including but not limited to damage to pavement caused by tent stakes and supports. Subd. 7. Underage Consumption: No person under the age of 21 years shall consume any alcoholic beverage, unless the alcoholic beverage is consumed in the household of said persons parent or guardian and with the consent of the parent or guardian. a) Penalty. A violation of this provision of this Ordinance is subject to the fines established in the alcohol matrix by the City Council. Any subsequent offenses within a twenty-four (24) month period of the first offense shall be subject to any additional fines and or suspension of the liquor license as established in the alcohol matrix adopted by the City Council. b) Administrative Provision. The administrative penalty provisions of this ordinance shall be enforced pursuant to St. Joseph Administrative Penalties Ordinance 104.05. c) Administrative Procedure Voluntary. Persons who contest their liability or refuse to pay the assessed penalty will be charged through the normal judicial channels. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the city may bring criminal charges in accordance with law. Likewise, the city, in its 701-22 discretion, may choose not to initiate an administrative offense procedure and may bring criminal charges in the first instance. d) Notice. Any officer of the City Police Department, and having authority to enforce this Ordinance, shall, upon determining that there has been a violation, notify the violator. This notice shall set forth the nature, date and time of violation, and amount of the scheduled penalty. e) Failure to Pay. In the event a party charged with an administrative penalty under this subdivision fails to pay the penalty, within 20 days, a misdemeanor charge may be brought against the alleged violator in accordance with applicable state statutes. If the penalty is paid, no such charge may be brought by the City for the same violation. f) Disposition of Penalties. All penalties collected pursuant to this Subdivision shall be paid to the City treasurer and may be deposited into the City’s general fund. Section 701.16: SUSPENSION AND REVOCATION. The Council may either revoke or suspend for a period not to exceed sixty (60) days, any liquor license and/or assess a civil monetary fine of not more than Two Thousand Dollars ($2,000) upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minn. Stat. § 14.57 to 14.69 of the Administrative Procedure Act. However, this section does not require the City to conduct the hearing before an employee of the Office of Administrative Hearings. The City may impose a penalty or suspension under this section. Section 701.17: BOTTLE CLUBS. Bottle Clubs as defined under M.S.A. 340A.101 shall be prohibited within the City limits of St. Joseph. It shall be unlawful for any private club or for any business establishment without an authorized-on sale on-sale liquor license, directly or indirectly, or upon any pretense or by any devise to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor. Section 701.18: PENALTY. A violation of this ordinance constitutes a misdemeanor, except any person violating Section 701.12, Subd.'s 2 or 4 of this Ordinance is guilty of a petty misdemeanor. Violations of Section 701.12, Subd. 7 may be enforced through criminal and/or civil sanctions as set forth above. Section 701.19: LIMITATION OF ON- SALE LIQUOR LICENSES. The number of on -sale liquor licenses which may be issued under Section 701.02, Subdivision 2, of this Ordinance shall be limited to ten licenses. Liquor license in excess of ten may be permitted by Resolution of the Council if the entity seeking the license is a restaurant and it has been determined that the entity complies with the requirements established in operating a restaurant under Minnesota Statute. Section 701.20: LIMITATION OF EXCLUSIVE OFF-SALE LICENSES. The number of exclusive off-sale liquor licenses (off-sale licenses not held and operated in conjunction with 701-23 an on-sale license) which may be issued under Section 701.02, Subd. 2 of this Ordinance, shall be limited based upon the population of the City of St. Joseph, as follows: Population of City Exclusive Off-Sale Licenses Authorized 0 to 3,200 1 3,201 to 11,000 3 11,001 to 15,000 4 Over 15,000 5 The population of the City of St. Joseph shall be as established by the official census of the United States Department of Commerce or the official population estimates produced by the State Demographer's Office, whichever is most current. Section 701.19 Amended 10/2019 This ordinance becomes effective from and after its passage and publication. Passed by the City Council of St. Joseph, Minnesota this 3rd day of October, 2022. Rick Schultz, Mayor ATTEST Therese Haffner, City Administrator This amendment was published on , 2022. RESOLUTION 2022-050 DIRECTING SUMMARY PUBLICATION OF ORDINANCE NO. 2022-009 The following official summary of the ordinance referred to has been approved by the City Council of St. Joseph as clearly informing the public of the intent and effect of the amendments. Ordinance 701 Licensing and Regulation of Consumption of Intoxicating Liquor The ordinance amendment adds language on licensing and regulation of Small Brewer Off-Sale licenses, 128 Ounces and Microdistillerys; language updates, grammar corrections, and removal of redundant language. A printed copy of the entire ordinance is available for inspection by any person at the office of City Clerk, Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m. or on the City’s website at www.cityofstjoseph.com. This document hereby is made a part of this ordinance and is attached hereto. Rick Schultz, Mayor ATTEST: Therese Haffner, City Administrator SEAL PUBLISHED IN THE ST. CLOUD TIMES ON , 2022.