HomeMy WebLinkAbout03.06.23
CITY 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
March 6, 2023
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. **
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1. 6:00 PM Call to order - Pledge of Allegiance
2. Swearing in of Police Officer Madison Honer
3. 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.
4. Approve Agenda
5. Consent Agenda
a. Minutes – Requested Action: Approve the minutes of February 21, 2022.
b. Bills Payable – Requested Action: Approve Check Numbers 060161-060243, Account
Payable EFT #002137-002140; Payroll EFT #112360-112365; Regular Pay Period 4.
c. Consideration of Approval of Mn Home Improvements Variance Extension Request –
Requested Action: Approve Resolution 2023-008 Extending Variance Approval for City
Council Resolutions 2021-018, 2021-019, 2021-020.
d. Firefighter Hire – Requested Action: Approve the hire of Jeremy Welters and Joshua
Wilkins as firefighters for the St. Joseph Fire Department.
6. Consideration of Easement Vacation Requests and approval of Northland Business Center
Third Addition Preliminary and Final Plat Request.
7. Consideration of Request for an Extension for Demolition of Property Located at 13 2nd Ave
NW
8. Consideration of Approval of Resolution 2023-012 Adopting Enforcement Approach on
Nuisance Violations
9. Discussion on Rental Fees for City Facilities for Non-profit Organizations
10. Engineer Reports
11. Administrator Reports
12. Mayor and Council Reports and Miscellaneous Business
13. Adjourn
February 21st , 2023
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 Tuesday, February 21st, 2023, at 6:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Adam Scepaniak, Bob Loso
Absent: Councilmember Kelly Beniek
City Representatives Present: Interim City Administrator Jeff O’Neill, Finance Director Lori Bartlett, Public
Works Director Ryan Wensmann, City Clerk Kayla Klein, Community Development Director Nate Keller,
Police Chief Dwight Pfannenstein, Fire Chief Jeff Taufen, City Engineer Randy Sabart
Public Comments: None.
Approve Agenda: Kluesner motioned to approve the agenda; striking item 6, Consideration of
Approval of Labor Contract between AFSCME and City of St. Joseph; and adding item 9,
Consideration of Appointment of Members to the Park Board and Human Rights Advisory Board;
seconded by Loso and passed unanimously by those present.
Consent Agenda: Loso made a motion to approve the consent agenda; seconded by Kluesner and
passed unanimously by those present.
Consent Agenda:
a. Minutes – Requested Action: Approve the minutes of February 6, 2023.
b. Bills Payable – Requested Action: Approve Check Numbers 060090-060176, Account
Payable EFT #002127-002133; Payroll EFT #112354-112359; Regular Pay Period 3, 3.01,
Council Pay Period 2.
c. Donations – Requested Action: Approve Resolution 2023-001 Accepting Donations.
d. Financial Reports – Requested Action: Approve the 2022 4th quarter reports, 2022
December reports.
e. Approval of Application to Conduct Off-Site Gambling – Requested Action: Approve
Resolution 2023-005 Approving application from Optimist Club of St. Cloud to conduct off-site
gambling at Bad Habit Brewing Co. on March 24, 2023.
f. Joint Planning Board Appointment – Requested Action: Approve appointment of Jon Hazen
to Joint Planning Board.
g. Consideration of Resolution Approving East Park Deed Restriction – Requested Action:
Approve Resolution 2023-005 Deed Restriction for property 84.53494.0211.
h. Performance Measurement Survey Participation – Requested Action: Approve conducting a
survey of the City’s performance benchmarks with the assistance of LMC establishing the
questions discussed.
i. Consideration of Accepting Proposal and Selection of DDA for conducting Pay Equity Study –
Requested Action: Accept proposal of DDA for conducting Pay Equity Study.
j. Police Officer Hire – Requested Action: Approve the hire of Madison Honer at step 1 on the
wage scale subject to the successful completion of pre-employment process.
k. Centennial Park Basketball Court – Requested Action: Approve and award the bid for new
concrete basketball court in Centennial Park to Simmons Construction for the amount of
$31,100.00; and award the bid from ATE Recreation for the striping of the court for
$3,600.00.
Consideration of Approving Accounting Service Contract with ABDO: Finance Director Bartlett shared her
request for assistance from a CPA firm. The CPA firm would aid through April 30th while the finance
department is undergoing training and making the conversion to our new accounting software. The CPA
firm would assist with audit work, capital asset updates for 2022, and other large projects due during this
time of accounting software transition. Bartlett received two quotes, one from ABDO and one from Clifton
Larson Allen. The anticipated cost is $20,000 which would come from the Fund 390 account. Bartlett is
recommending the contract with ABDO due to their experience with governmental service work in
assisting cities, townships, school districts and counties.
February 21st , 2023
Page 2 of 2
Loso made a motion to Approve Accounting Service Contract with ABDO; seconded by Scepaniak
and passed unanimously.
Consideration of Approval of Labor Contract between AFSCME and City of St. Joseph.
Consideration of Appointing David Murphy to the Position of City Administrator and Approval of Contract:
Interim City Administrator O’Neill reported to the Council that David Murphy has accepted the position of
City Administrator. His salary is proposed to start at step 6 due to his level of experience and years of
service. Starting out at step 6 will result in a slight pay reduction for Murphy. Additionally, the City’s health
insurance benefit for experienced and more senior employees results in an added cost for the Murphy
family. These were important factors considered when establishing the recommended wage. Murphy’s
contract will begin on April 23rd, 2023.
David Murphy addressed the Council via Zoom. He shared his excitement about starting the position as
City Administrator. Murphy informed the Council he has been in contact with members of the staff to be
brought up to speed on current priorities and will continue to be in contact with staff. Murphy thanked the
Council for the opportunity to serve as City Administrator.
Kluesner made a motion to accept Appointing David Murphy to the Position of City Administrator
and Approval of Contract; seconded by Scepaniak and passed unanimously.
Consideration of Adoption of Ordinance 2023-001 Amending Ordinance 701 increasing the amount
allowable for off-sale of a micro-distillery from being able to sell one 375 ml bottle per customer per day to
up to 750 ml per customer per day: Klein informed the Council of a law passed May 23, 2023, which
changed liquor licenses and rules regarding the sale of certain types of liquor. The statute now allows a
micro-distillery to sell up to 750 milliliters per customer per day. The request of Council is to approve the
Adoption of Ordinance 2023-001 to keep Ordinance 701 in compliance with state law.
Kluesner made a motion to approve Ordinance 2023-001 Amending Ordinance 701 increasing the
amount of allowable for off-sale of a micro-distillery from being able to sell one 375 ml bottle per
customer per day to up to 750 ml per customer per day; seconded by Loso and passed
unanimously.
Consideration of Appointment of Members to the Park Board and Human Rights Advisory Board: Klein
shared with the Council there was a vacancy on the Park Board as well as the Human Rights Advisory
Board. Both positions were advertised and one application per vacancy was received. Klein collected and
forwarded those applications onto Schultz.
Schultz shared that he reached out to both applicants and they have accepted their appointments.
Kluesner moved to approve the appointment of Jeff Buersken to Park Board and Tamara Hennes-
Vix to the Human Rights Advisor Board; seconded by Schultz and passed unanimously by those
present.
Engineer Reports: None
Department Reports: The various departments presented their monthly reports.
Mayor and Council Reports and Miscellaneous Business: Mayor Schultz shared that he attended an
annual GSDC meeting Thursday, Feb 17th the EDA meeting on February 21st.
Adjourn: Kluesner made a motion to adjourn at 7:18PM; seconded by Scepaniak and passed
unanimously.
Kayla Klein
City Clerk
STAFF MEMO
Prepared by:
Lori Bartlett
Meeting Date:
3/6/23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4b
Reviewed by:
Jeff O’Neill, Interim Admin.
Item:
Bills Payables
ACTION REQUESTED
Approve the bills payables as presented.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
See below
REFERENCE AND BACKGROUND
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 IMPACT
Bills Payable – Checks Mailed Prior to Council Approval
Regular PP 4 $58,578.58
Payroll EFT #112360 - #112365 $41,945.18
Account Payable EFT #002137 - #002140 $7,351.27
Banyon Check Numbers #060161 - #060208 $104,153.66
Caselle Check Numbers #060209 - #060232 $14,314.44
Total $226,343.13
Bills Payable – Checks Awaiting Council Approval
Voided #060233 - #060237
Check Numbers #060238 - #060243 $7,898.89
Total $7,898.89
Total Budget/Fiscal Impact: $234,242.02 Various Funds
STAFF RECOMMENDED ACTION
Approve the bills payables as presented.
SUPPORTING DATA/ATTACHMENTS
Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval.
Check#Check/ReceiptDat Search Name Comments Amount FUND DEPART OBJ
002137 2/17/2023 MN DEPARTMENT OF Jan 2023 Sales/Use Tax $6.60 101 42120 441
002137 2/17/2023 MN DEPARTMENT OF Jan 2023 Sales/Use Tax $982.06 603 00000
002137 2/17/2023 MN DEPARTMENT OF Jan 2023 Sales/Use Tax $149.08 101 41430 441
002137 2/17/2023 MN DEPARTMENT OF Jan 2023 Sales/Use Tax $415.45 601 00000
002137 2/17/2023 MN DEPARTMENT OF Jan 2023 Sales/Use Tax $716.75 101 45202 441
002137 2/17/2023 MN DEPARTMENT OF Jan 2023 Sales/Use Tax $19.06 101 45204 441
002138 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $54.00 101 42152 230
002138 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $2,392.92 101 42152 235
002138 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($189.94)101 42152 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($20.25)101 45202 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $161.68 105 42220 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $274.67 101 43120 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $274.67 101 45202 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $356.67 601 49440 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $424.67 602 49450 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($11.60)105 42220 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - $1,320.51 101 43125 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($26.41)601 49440 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($31.77)602 49450 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($96.80)101 43125 235
002139 2/17/2023 KWIK TRIP Jan 23 fuel purchases - ($20.25)101 43120 235
002140 1/9/2023 THE HARTFORD Jan 2023 Group Life Ins $199.50 101
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $9.23 101 42152 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $113.14 101 42152 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $40.13 101 43120 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $40.13 101 45202 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $40.13 601 49440 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($3.44)101 45202 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $40.13 602 49450 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($40.13)602 49450 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($113.14)101 42152 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($40.13)101 43120 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($40.13)101 45202 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($3.44)601 49440 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($3.44)101 43120 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($9.23)101 42152 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $3.46 602 49450 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $3.44 601 49440 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $3.44 101 45202 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased $3.44 101 43120 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($40.13)601 49440 235
060161 2/16/2023 CIRCLE K FLEET - 2022 - Fuel purchased ($3.46)602 49450 235
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $635.14 101 43120 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.29 602 49490 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.30 651 49490 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.29 603 43230 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.29 601 49490 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $635.14 150 46500 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $635.14 101 45202 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.29 101 42120 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $635.14 101 41530 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.29 101 41430 215
060162 2/16/2023 CIVICPLUS Annual Hosting, Support, $1,270.29 105 42210 215
060163 2/16/2023 FLAHERTY & HOOD, Jan 2023 Labor $1,133.75 101 41610 304
060164 2/16/2023 GALLS, INC Replacement belt buckle $15.84 101 42120 171
060165 2/16/2023 KINETIC March 2023 - Campaign $17,500.00 390 45205 300
060166 2/16/2023 LEXISNEXIS Oct 2022 - Monthly $106.09 101 42120 300
060166 2/16/2023 LEXISNEXIS Jan 2023 -Monthly $106.09 101 42120 300
060167 2/16/2023 LITTLE FALLS MACHINE, Units #90 & #98 - $922.37 101 43125 230
060168 2/16/2023 METERING & Orion LTE-M Cellular $173.06 601 49430 210
060168 2/16/2023 METERING & Orion LTE-M Cellular $717.11 601 49430 210
060168 2/16/2023 METERING & E-Series meter $957.73 601 49430 210
060168 2/16/2023 METERING & G2 E-Series meter, Orion $12,007.61 601 49430 210
060169 2/16/2023 METRO PLUMBING & Wobegon furnace repair- $344.69 101 45202 220
060170 2/16/2023 MOMENTUM TRUCK TK# 17 - Accuseal $6.86 602 49450 230
060170 2/16/2023 MOMENTUM TRUCK TK# 15 - Sensor, Seal O-$340.89 602 49450 230
060170 2/16/2023 MOMENTUM TRUCK Tk# 90 Solenoid w/ $220.36 101 43125 230
060171 2/16/2023 MVTL LABORATORIES, 2023- Waste water $500.64 602 49480 312
060171 2/16/2023 MVTL LABORATORIES, 2023- Waste water $142.26 602 49480 312
060172 2/16/2023 NORTH CENTRAL BUS & Plow #27 - Cylinder, $464.05 101 43125 230
060173 2/16/2023 SHIFT TECHNOLOGIES, SentinelOne - Monthly $262.50 101 41710 310
060173 2/16/2023 SHIFT TECHNOLOGIES, City Hall no email $46.20 101 41430 215
060173 2/16/2023 SHIFT TECHNOLOGIES, Managed Services - $312.50 101 41710 310
060174 2/16/2023 SMOKE-EATER Subscription renewal $25.00 105 42240 433
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($7.13)101 42152 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $18.94 101 43120 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $192.72 101 43220 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $211.65 101 45202 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $18.94 601 49440 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $209.20 101 43125 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($13.41)101 43125 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($12.87)101 43220 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($14.22)101 45202 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($1.36)602 49450 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $18.94 602 49450 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($1.35)601 49440 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $13.41 101 43125 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $1.36 602 49450 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $1.35 601 49440 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($1.35)101 43120 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $12.87 101 43220 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $117.52 101 42152 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $1.35 101 43120 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $7.13 101 42152 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($18.94)602 49450 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($18.94)601 49440 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($211.65)101 45202 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased $14.22 101 45202 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($192.72)101 43220 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($209.20)101 43125 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($117.52)101 42152 235
060175 2/16/2023 SPEEDWAY 2023 - Fuel purchased ($18.94)101 43120 235
060176 2/16/2023 STERICYCLE, INC.Jan 23 Shredding $36.97 101 42120 300
060176 2/16/2023 STERICYCLE, INC.Jan 23 Shredding $36.98 101 41430 300
060177 2/17/2023 AFSCME COUNCIL 65 January 23 Monthly $793.00 101
060177 2/17/2023 AFSCME COUNCIL 65 February 23 Monthly $793.00 101
060178 2/17/2023 BRUNO PRESS February 2023 CVB $750.00 220 46500 300
060178 2/17/2023 BRUNO PRESS January 2023 CVB Social $750.00 220 46500 300
060179 2/17/2023 LAW ENFORCEMENT January 23 Monthly $675.00 101
060179 2/17/2023 LAW ENFORCEMENT February 23 Monthly $675.00 101
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $155.54 101 43120 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $155.54 101 45202 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $104.30 601 49440 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $76.22 602 49450 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $85.13 651 49900 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $83.91 105 42250 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $44.69 101 41910 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $44.69 101 45204 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $82.92 101 41430 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $49.72 101 41530 321
060180 2/17/2023 FIRSTNET Cell phones 12/26/22 - $554.25 101 42151 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $222.54 101 41430 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $120.08 150 46500 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $222.54 101 42151 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $325.08 601 49435 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $360.08 101 45201 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $325.07 602 49480 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $360.08 601 49420 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $360.08 105 42250 321
060181 2/17/2023 MIDCONTINENT Feb 2023 fiber lines $445.08 601 49421 321
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $79.03 602 49471 381
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $472.16 101 45201 381
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $117.52 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $113.40 602 49472 381
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $57.46 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $162.39 602 49473 381
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $538.00 101 45201 381
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $82.36 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $586.46 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $36.40 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $57.46 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $116.48 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $65.94 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $71.76 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $26.78 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $122.72 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $29.38 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $52.52 101 41942 381
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $108.16 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $48.88 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $22.36 652 43160 386
060182 2/17/2023 STEARNS ELECTRIC Jan 23 Electric Services $64.48 652 43160 386
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $1,543.78 101 41942 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $2,618.40 101 45201 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $107.60 101 45201 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $65.54 101 45123 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $129.44 101 45123 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $483.32 101 43120 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $161.40 101 43120 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $2,335.12 101 41942 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $202.78 601 49410 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $1,027.71 101 45202 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $1,596.52 105 42280 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $552.51 105 42280 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $160.08 101 45202 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $503.62 601 49410 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $420.69 601 49420 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $9.84 101 42500 326
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $2,629.54 601 49421 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $2,025.87 601 49421 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $1,103.94 601 49420 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $3,018.24 652 43160 386
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $388.41 601 49435 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $473.58 602 49470 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $110.54 602 49471 383
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $547.92 602 49480 381
060183 2/17/2023 XCEL ENERGY Jan 23 Electric & Gas $178.25 602 49480 383
060184 2/23/2023 AUTO VALUE PARTS Unit #30 - Solderless $37.73 602 49450 230
060184 2/23/2023 AUTO VALUE PARTS Unit #30 - Red paint $5.49 602 49450 230
060184 2/23/2023 AUTO VALUE PARTS Unit # 30 & #31 - Double $25.96 602 49450 230
060185 2/23/2023 BATTERY WHOLESALE, City Hall battery - 12V $117.52 101 41942 220
060185 2/23/2023 BATTERY WHOLESALE, Batteries 6V 7.0 AH $49.16 101 41942 220
060185 2/23/2023 BATTERY WHOLESALE, Gov Center battery back-$348.28 101 41942 220
060186 2/23/2023 BERGANKDV 2023 Interim audit billing $7,000.00 101 41540 301
060187 2/23/2023 C & L EXCAVATING, INC 2022 -Baker Lift Station $3,814.70 602 49470 220
060188 2/23/2023 CHAMBERLINE OIL CO.AW 46 Drum, Drum $170.57 101 43120 230
060188 2/23/2023 CHAMBERLINE OIL CO.Service Pro EP 2 Grease $7.92 602 49450 230
060188 2/23/2023 CHAMBERLINE OIL CO.Service Pro EP 2 Grease $7.91 601 49440 230
060188 2/23/2023 CHAMBERLINE OIL CO.Service Pro EP 2 Grease $7.91 101 45202 230
060188 2/23/2023 CHAMBERLINE OIL CO.Service Pro EP 2 Grease $7.91 101 43120 230
060188 2/23/2023 CHAMBERLINE OIL CO.AW 46 Drum, Drum $170.58 602 49450 230
060188 2/23/2023 CHAMBERLINE OIL CO.AW 46 Drum, Drum $170.58 101 45202 230
060188 2/23/2023 CHAMBERLINE OIL CO.AW 46 Drum, Drum $170.58 601 49440 230
060189 2/23/2023 FARM-RITE Unit #21 - Oil filter, Fuel $122.25 101 43125 230
060190 2/23/2023 FARRELL EQUIPMENT & 6" Recip Blade, Band saw $71.94 603 43230 210
060191 2/23/2023 HAWKINS, INC Azone 15- EPA Reg $271.87 601 49420 210
060191 2/23/2023 HAWKINS, INC Aqua Hawk 9907, Azone $1,646.14 601 49421 210
060192 2/23/2023 HEARTLAND DOOR New remotes for Maint. $70.00 101 45201 210
060193 2/23/2023 LEAGUE OF MN CITIES 2023 City Day on the Hill - $125.00 101 41310 331
060194 2/23/2023 MARCO, INC Admin copier lease $428.38 101 41430 410
060195 2/23/2023 METERING & 2", 3", 4" Compound $3,261.13 601 49430 210
060196 2/23/2023 O REILLY AUTO PARTS Unit #32 - Oil filter $5.29 601 49440 230
060196 2/23/2023 O REILLY AUTO PARTS Unit #31 - Bearing set, $68.54 601 49440 230
060196 2/23/2023 O REILLY AUTO PARTS Unit #32- Oil seal, Brake $29.24 101 43125 230
060196 2/23/2023 O REILLY AUTO PARTS Unit #31 - Fuel filters, Air $69.08 601 49440 230
060196 2/23/2023 O REILLY AUTO PARTS Unit #30- Air filter $34.56 601 49440 230
060197 2/23/2023 OPG-3, INC.Lasesche Professional $1,480.00 101 41710 215
060198 2/23/2023 PRECISE Diagnostic fee RTU #3 $125.00 101 41942 300
060199 2/23/2023 RENGEL PRINTING, INC 500 Business cards, $35.00 101 41110 200
060200 2/23/2023 ROYAL TIRE, INC Tk #94 - MT/DISMT & $71.76 101 43125 230
060201 2/23/2023 SCHWIETERS CHEV-Tr# 37 - CSO cover $49.99 101 43125 230
060202 2/23/2023 SNAP-ON INDUSTRIAL 4PC PNCH SET $114.43 390 45201 580
060202 2/23/2023 SNAP-ON INDUSTRIAL HD 4lb CR/PEEN Fbrgl $68.32 390 45201 580
060202 2/23/2023 SNAP-ON INDUSTRIAL 3/8DR 14PC O/END $318.77 390 45201 580
060203 2/23/2023 STRYKER SALES Spare set of pads for $90.48 101 42120 210
060204 2/23/2023 TECH SALES CO., INC 2022-Semi-annual $525.00 603 43230 300
060205 2/23/2023 WHEELCO Patch Wagon - Grease $11.27 101 43120 230
060205 2/23/2023 WHEELCO Unit #32, Trailer cable $14.10 101 43120 230
060206 2/23/2023 ZEP MANUFACTURING, Zep formula, LD liner, $228.44 101 45202 210
060206 2/23/2023 ZEP MANUFACTURING, Zep formula, LD liner, $228.44 101 43120 210
060206 2/23/2023 ZEP MANUFACTURING, Zep formula, LD liner, $228.43 601 49440 210
060206 2/23/2023 ZEP MANUFACTURING, Zep formula, LD liner, $228.43 602 49450 210
60207 2/27/2023 Joseph Pekarek Deduction Reversal $147.65
60208 2/27/2023 Ryan Wensmann Deduction Reversal $19.50
112354 2/8/2023 SENTRY BANK REG PP 3 HSA $1,942.51 101
112355 2/8/2023 EFTPS REG PP 3, 3.01, CC 2 $9,337.50 101
112355 2/8/2023 EFTPS REG PP 3, 3.01, CC 2 $8,944.15 101
112356 2/8/2023 MN DEPARTMENT OF REG PP 3, 3.01, CC 2 $3,758.51 101
112357 2/8/2023 PERA REG PP 3, 3.01, CC 2 $16,722.66 101
112358 2/8/2023 VOYA FINANCIAL REG PP 3, 3.01 $1,725.00 101
112359 2/8/2023 AMERICAN FUNDS REG PP 3, 3.01 $150.00 101
112360 2/22/2023 SENTRY BANK REG PP 4 - HSA $1,942.51 101
112361 2/22/2023 EFTPS REG PP 4 - Fed, Med, SS $9,043.76 101
112361 2/22/2023 EFTPS REG PP 4 - Fed, Med, SS $8,921.31 101
112362 2/22/2023 MN DEPARTMENT OF REG PP 4 - State $3,729.30 101
112363 2/22/2023 PERA REG PP 4 - Retirement $16,433.30 101
112364 2/22/2023 VOYA FINANCIAL REG PP 4 - Deferred $1,725.00 101
112365 2/22/2023 AMERICAN FUNDS REG PP 4 - 529 College $150.00 101
STAFF MEMO
Prepared by:
Nate Keller, Community
Development Director
Meeting Date:
03/06/23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4c
Reviewed by:
Jeff O’Neill, Interim Admin.
Item: Consideration of Approval of MN Home Improvements
Variance Extension Request
ACTION REQUESTED
Motion to approve Resolution 2023-008 Approve variance extension request.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Planning Commission is not required to provide a recommendation on any petitions for
extensions. Original request for variance was recommended for approval by Planning Commission
in 2021.
PREVIOUS COUNCIL ACTION
Council approved original variance resolutions on April 5th, 2021. Council
also approved a variance extension in 2022 which extended the variance to April 5th, 2023.
REFERENCE AND BACKGROUND
MN Home Improvements is requesting another extension on their approved variances tied to the
parcel they own at 7967 Sterling Dr. On April 5th 2021 the Council approved three variances for
their project tied to: wetland setback for driveway (Resolution 2021-018), driveway material
requirements (granted to do gravel in lieu of paving – 2021-019), and to not construct curbing
around their entire parking lot area (Resolution 2021-020).
Section 502.06 allows applicants to submit a petition to the City Council to extend variance
approvals. 502.06 - Lapse of Variance. If within one (l) year after granting a variance the work
permitted is not started such a variance shall become null and void unless a petition for an
extension has been approved by the City Council.
The applicant is requesting another extension because they have pushed the construction of their
new building to this spring/summer. Given their construction timing the original variance
extension will expire in April this year. Applicants did not start construction on the building last
fall due to significant increase in work tied to roofing/siding projects within the community (from
the May 2022 hail storms). Applicants are also still working through a few minor site plan items
with staff.
BUDGET IMPACT N/A
STAFF RECOMMENDED ACTION Approval of variance extension.
SUPPORTING DATA/ATTACHMENTS
1. Resolution 2023-008 Approving variance extension
2. Petition submitted by applicant
RESOLUTION 2023-008
EXTENDING VARIANCE APPROVAL FOR
CITY COUNCIL RESOLUTIONS 2021-018, 2021-019, 2021-020
WHEREAS, MHI Properties, LLC, owner, hereinafter referred to as “Applicant” has submitted a petition
to the St. Joseph City Council to extend their variance approval applications for parcel 84.53300.0402
addressed as 7967 Sterling Dr; and
WHEREAS, Ordinance 502.06 allows applicants to submit a petition to the City Council to allow for an
extension on variance approvals; and
WHEREAS, the variances which would be extended are depicted in City Council resolutions 2021-018,
2021-019, 2021-020; and
WHEREAS, a previous extension was granted to the applicant per resolution 2022-027 which extended
the variance to April 5th, 2023; and
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, AS FOLLOWS:
1. The variances as depicted in City Council resolutions 2021-018, 2021-019, 2021-020 are hereby
extended to April 5th, 2024.
2. Work cannot start on the project until site plan approval and building permit approval occurs.
ADOPTED by the City Council this 6th day of March, 2023.
CITY OF ST. JOSEPH
Rick Schultz, Mayor
ATTEST
Jeff O’Neill, Interim City Administrator
From:Andy Fischer
To:Nate Keller
Subject:Re: Existing building - MN Home Improvements
Date:Monday, January 30, 2023 3:55:53 PM
Attachments:image001.png
image003.jpg
“I Andy Fischer applicant ask the St. Joseph City Council to extend our variances identified
through resolutions 2021-018, 2021-019, and 2021-020 to ___April 5th_____ , 2024”
Thanks
On Mon, Jan 30, 2023 at 3:45 PM Nate Keller <nkeller@cityofstjoseph.com> wrote:
You’ll need to send an email to me stating:
“I Andy Fischer applicant ask the St. Joseph City Council to extend our variances identified
through resolutions 2021-018, 2021-019, and 2021-020 to ________ , 2023”
You’ll just copy and past that and insert the date you are asking to extend to.
Then we can get it on Council agenda in Feb. or March.
Keep in mind there are still site plan issues/comments which need to be addressed prior to
building permit being submitted and construction occurring.
I’ve attached those again too.
Best,
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
From: Andy Fischer <andy@mnhomeimprovements.com>
Sent: Monday, January 30, 2023 3:39 PM
To: Nate Keller <nkeller@cityofstjoseph.com>
Subject: Re: Existing building - MN Home Improvements
Thank you for the reminder. Yes I will want to submit for the extension. Hope to start it
sometime this year but i dont see it happening that soon.
Let me know what I need to do.
Thanks
Image removed by sender.
On Mon, Jan 30, 2023 at 3:35 PM Nate Keller <nkeller@cityofstjoseph.com> wrote:
Hello Andy,
Just a reminder that the variance is set to expire on April 5th, 2023.
You’ll need to submit an extension at least a month before to get it on Council meeting (to
request another extension).
Thank you,
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
STAFF MEMO
Prepared by:
Kayla Klein, City Clerk
Meeting Date:
March 6, 2023
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4d
Reviewed by:
Jeff O’Neill, Interim Admin.
Item:
Hiring of Firefighters
ACTION REQUESTED
Motion approving consent agenda will approve the hire of Jeremy Welters and Joshua Wilkins as
firefighters for the St. Joseph Fire Department.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: NA
PREVIOUS COUNCIL ACTION: NA
REFERENCE AND BACKGROUND: The Fire Department Hiring Committee conducted interviews
and agility testing for open department vacancies. The committee recommends the hiring of
Jeremy Welters and Joshua Wilkins as members of the St. Joseph Fire Department.
Approval of the hires will bring the number of members to 28. The City is still seeking members,
trying to reach full capacity of 30 members.
BUDGET IMPACT:
STAFF RECOMMENDED ACTION
Motion approving consent agenda will approve the hire of Jeremy Welters and Joshua Wilkins as
firefighters for the St. Joseph Fire Department.
SUPPORTING DATA/ATTACHMENTS NA
STAFF MEMO
Prepared by:
Nate Keller, Community
Development Director
Meeting Date:
03/06/23
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
6
Reviewed by:
Jeff O’Neill, Interim Admin.
Items:
Northland Business Center Easement Vacation Requests
Northland Business Center Third Addition Preliminary and Final
Plat Request
ACTION REQUESTED
Motion 1: Recommend action on resolution 2023-009 to vacate interior easements within Northland
Business Center
Motion 2: Recommend action on resolution 2023-010 to vacate interior easements within Northland
Business Center Second Addition
Motion 3: Recommend action on Preliminary and Final Plat resolution 2023-011 for Northland Business
Center Third Addition
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Planning Commission voted 6-0 in favor of all vacation requests and Preliminary and Final plat at their
February 13th meeting.
Planning Commission also held a public hearing. No one spoke at the Public Hearing besides the applicant.
Staff did not receive any phone calls or written responses to the public hearing.
PREVIOUS COUNCIL ACTION
The subject lots were approved as part of a previous plat for Northland Business Center in
2019 and Northland Business Center Second Addition in 2021 (which was part of the Trobec’s re-plat).
REFERENCE AND BACKGROUND
Vacation, Preliminary and Final Plat Request
Applicant Information: Kevin Cox and Cory Ehlert CLC Partners
Existing Zoning: LI Light Industrial District
Future Land Use: Light Industrial
Location: East of 21st Ave NE and West of future 24th Ave NE
Civil: No Engineering comments
Access: The site is proposed to have access off of 21st Ave Ne and Jasmine Lane
WCA/Wetlands: No wetlands exist within the parcel
Overall Plat Information:
Lot 1, Block 1 687,036 S.F. (15.77 acres)
Drainage and Utility Easements:
Site has existing easements of 12’ and 6’ around the perimeter of the lots. There is also an existing 20’storm
sewer easement running through portions of the lot (through the former Outlot E)
Vacation of Easements Request – Northland Business Center and Northland Business Center Second
Addition
Proposed as part of this plat is to vacate interior easements previously dedicated within the original plat of
Northland Business Center and Northland Business Center Second Addition. Proposed easements to be
vacated are shown below:
Preliminary and Final Plat request – Northland Business Center Third Addition
The proposed plat (Northland Business Center Third Addition) will consolidate four lots into one lot. The
plat is required due to one of the lots being an Outlot (E). Outlots are unbuildable unless they are platted.
The request requires a Preliminary and Final plat due to Outlot E being part of the proposed consolidation.
Developers’ agreement
The city’s Subdivision standards require a Developers Agreement (DA) for any Final plat (per Ordinance
540 Subd. 14 Section B)
The drafted DA is included in packets.
Of particular note is the timing of 24th Ave NE.
During the original Plating of the entire Industrial Park the DA stated that the timing of 24th Ave NE shall
occur when the property develops. This language indicates that once the Outlots are final platted and turned
into developable land the road shall be extended to service these lots (and paid for by developer). A copy of
the original DA is below:
One item that has morphed since the original plat is the intent of Outlot E.
Previously and as part of the original DA the access for Outlot E was to be 24th Ave NE and Jasmine Lane
(along with other lots that front 24th Ave NE).
The proposed Plat now shows the consolidation of 4 lots including Outlot E. This consolidation changes the
access points and demonstrates 24th Ave NE is no longer needed as an access point to the consolidated lots.
Access to the new lot (including all utilities) can be provided by 21st Ave NE and Jasmine Lane therefore,
the need to access 24th is not needed at time of platting.
The city however still recognizes the future need for 24th Ave NE. Therefore, staff and attorney have
provided the drafted DA which has language tied to future assessments of 24th Ave NE.
Stormwater Development Fee
When the original plat of the Industrial Park occurred the required Stormwater Fees were paid on all the lots
except for Outlots. Therefore, the Stormwater Fee for the portion of Outlot E is due as part of the plat. The
calculation is .20 per square foot. The DA includes language tied to this fee.
BUDGET IMPACT
Developer pays for required recording of plat.
Future 24th Ave when built, will follow the city’s assessment policy and portions of road would be paid for
by city and adjacent property owners. At this time, it is TBD when, and if 24th Ave NE from Jasmine to Fir
St would be built.
STAFF RECOMMENDED ACTION
Approval of vacation, preliminary and final plat requests.
SUPPORTING DATA/ATTACHMENTS
• Vacation of easements application and exhibit
• Vacation resolutions 2023-009 and 2023-010
• Preliminary Plat
• Preliminary Plat application
• Preliminary + Final Plat resolution 2023-011
• Final plat
• Final Plat Application
• Developers Agreement
SOUTH QUARTER CORNER
SEC. 2, TWP. 124, RNG 29
NORTHWEST CORNER
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SEC. 2, TWP. 124, RNG 29
SOUTHEAST CORNER OF
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SEC. 2, TWP. 124, RNG. 29
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DRAINAGE AND UTILITY EASEMENTS PER NOTHRLAND BUSINESS
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VACATED PER DOCUMENT NUMBER ___________________________.
6
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NORTHLAND BUSINESS CENTER 3RD ADDITION
Denotes found iron monument.
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BLOCK 1
LOT 1 = 687,036 S.F.
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TOTAL = 687,036 S.F.
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DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
12
(NO SCALE)
EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOT
LINES AND 12 FEET IN WIDTH ADJOINING STREET
LINES UNLESS OTHERWISE INDICATED ON THE PLAT.
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SCALE IN FEET
RESOLUTION 2023-009
RESOLUTION VACATING EASEMENTS AS LEGALLY DESCRIBED FOR LOTS 003,
004, OF BLOCK 003 AND OUTLOT E OF NORTHLAND BUSINESS CENTER
WHEREAS, the Planning Commission of the City of St. Joseph held a public hearing on February
13th, 2023 following a publication, mailed and posted notice for the purpose of hearing those
present to consider the vacation of drainage and utility easements; and
WHEREAS, the easements to be vacated are legally described as:
Southern interior drainage and utility easement over, under and across Outlot E, and lot 004, block
003 of Northland Business Center; western interior drainage and utility easement over, under and
across Outlot E, Eastern and Northern drainage and utility easement over, under and across lot
004, block 003 of Northland Business Center, and the Eastern and Southern drainage and utility
easement over, under, and across Lot 003, block 003 of Northland Business Center plat; and
WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a
vacation of easements be vacated and discontinued; and
WHEREAS, new easements will be dedicated as part of the plat for Northland Business Center
3rd Addition which is a re-plat of Lot 001, Block 001 of Northland Business Center 2nd Addition
plat and Lot 003 and 004, Block 003 and Outlot E of Northland Business Center plat
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the
vacation of easements; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, duly assembled that the following described easements hereby vacated to
wit:
The Southern interior drainage and utility easement over, under and across Outlot E, and lot 004,
block 003 of Northland Business Center; western interior drainage and utility easement over,
under and across Outlot E, Eastern and Northern drainage and utility easement over, under and
across lot 004, block 003 of Northland Business Center, and the Eastern and Southern drainage
and utility easement over, under, and across Lot 003, block 003 of Northland Business Center
plat;
ADOPTED by the City Council this 6th day of March, 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Jeff O’Neill, City Administrator
RESOLUTION 2023-010
RESOLUTION VACATING EASEMENTS AS LEGALLY DESCRIBED FOR LOT 001,
BLOCK 001 OF NORTHLAND BUSINESS CENTER SECOND ADDITION
WHEREAS, the Planning Commission of the City of St. Joseph held a public hearing on February
13th, 2023 following a publication, mailed and posted notice for the purpose of hearing those
present to consider the vacation of drainage and utility easements; and
WHEREAS, the easements to be vacated are legally described as:
Northern interior drainage and utility easement over, under and across Lot 001, Block 001 of
Northland Business Center 2nd Addition
WHEREAS, it appeared in the best interests of the public and the City of St. Joseph that such a
vacation of easements be vacated and discontinued; and
WHEREAS, new easements will be dedicated as part of the plat for Northland Business Center
3rd Addition which is a re-plat of Lot 001, Block 001 of Northland Business Center 2nd Addition
plat and Lot 003 and 004, Block 003 and Outlot E of Northland Business Center plat
BE IT RESOLVED that the City Administrator and Mayor are hereby authorized to execute the
vacation of easements; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, duly assembled that the following described easements hereby vacated to
wit:
The Northern drainage and utility easement over, under and across Lot 001, Block 001 of
Northland Business Center 2nd Addition
ADOPTED by the City Council this 6th day of March, 2023
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Jeff O’Neill, City Administrator
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SEC. 2, TWP. 124, RNG 29
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OWNER: CLC PARTNERS LLC
OWNER: CLC PARTNERS LLC
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PROJECT NUMBER: 0014445.04
ST. JOSEPH, MN
01/19/2023
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NORTHLAND BUSINESS CENTER PRELIMINARY PLAT
ST. JOSEPH, MN 1
01/17/2023
MATHEW J. WELINSKI
5359601/19/2023
CLC PARTNERS
SHEET NUMBER:
VERTICAL SCALE:
DATE:
PREPARED FOR:
OF
HORIZONTAL SCALE:
DRAWN:
CHECKED:
DESIGNED:INITIAL ISSUE:
REVISIONS:
Phone (320) 253-9495 3701 12th Street North, Suite 206
Fax (320) 358-2001 St. Cloud, MN 56303
Toll Free (800) 270-9495
DATE:LICENSE NO.
I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY ME
OR UNDER MY DIRECT SUPERVISION AND THAT I AM A
DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE
STATE OF MINNESOTA
Common Ground Alliance
Call 48 Hours before digging:
811 or call811.com
60'
0'60'120'180'
1" = 60'
Outlot E and Lots 3 and 4, Block 3, NORTHLAND BUSINESS CENTER and Lot 1, Block 1, NORTHLAND BUSINESS CENTER 2NDADDITION according to the plats of record in Stearns County, Minnesota.
LEGAL DESCRIPTION OF AREA TO BE PLATTED
1.This survey was prepared without the benefit of a Title Commitment.
2.Elevations and ground contours are based upon NAVD88 vertical datum.
3.Subject property area: 687,036 Sq. Ft./15.77 Acres.
4.As scaled from the FEMA Flood Zone Map Number 27145C0610E, having an effective date of February 16, 2012, the subject property appearsto lie within "Other Areas" Zone X (areas determined to be outside the 0.2% annual chance floodplain).
5.Bearings shown are based upon the Stearns County Coordinated System NAD-83.
GENERAL NOTES
(NOT TO SCALE)
VICINITY MAP
SITE
OWNER/APPLICANT:CLC Partners7939 Ridgewood RoadSt. Joseph, MN Minnesota 56374
SURVEYOR/ENGINEER:Westwood Professional Services, Inc.1900 Medical Arts Ave S, Suite 100Sartel, Minnesota 56377Ph- (320)253-9495
Denotes found iron monument LS55434, unless otherwise noted.
RESOLUTION 2023-011
A RESOLUTION OF APPROVAL REGARDING
THE NORTHLAND BUSINESS CENTER THIRD ADDITION PLAT
WHEREAS, CLC Partners referred to as “applicant” and “owner” has properly applied for Final plat
approval; and
WHEREAS, the subject property is identified and legally described in Exhibit A; and
WHEREAS, the St. Joseph Planning Commission held a public hearing, reviewed and recommended
approval of the preliminary plat of Northland Business Center Third Addition on February 13th, 2023; and
WHEREAS, the St. Joseph Planning Commission reviewed the Final Plat and recommended approval
at their February 13th, 2023 meeting; and
WHEREAS, the St. Joseph City Council recommended approval on the Preliminary and Final plat at
their March 6th, 2023 meeting; and
WHEREAS, the proposed plat has been reviewed by the city engineer; and
WHEREAS, the City Council hereby approves the final plat with the following conditions:
General
1. All conditions and requirements outlined in the Northland Business Center Third Addition
Developers Agreement are met.
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, THAT THE NORTHLAND BUSINESS CENTER THIRD
ADDITION PRELIMINARY AND FINAL PLAT IS APPROVED
ADOPTED by the City Council this 6th day of March, 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
ATTEST
By
Jeff O’Neill, Interim City Administrator
Exhibit A
Legal Description
LOT 001, BLOCK 001 OF NORTHLAND BUSINESS CENTER THIRD ADDITION
SOUTH QUARTER CORNER
SEC. 2, TWP. 124, RNG 29
NORTHWEST CORNER
OF THE SW1/4-SE1/4
SEC. 2, TWP. 124, RNG 29
SOUTHEAST CORNER OF
SEC. 2, TWP. 124, RNG. 29
SOUTH LINE OF THE SE1/4-SE1/4
SEC. 2, TWP. 124, RNG. 29
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DRAINAGE AND UTILITY EASEMENTS PER NOTHRLAND BUSINESS
CENTER AND NORTHLAND BUSINESS CENTER 2ND ADDITION.
VACATED PER DOCUMENT NUMBER ___________________________.
6
:
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434 FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
FOUND IRON PIPE LS55434
0 60 120 180
NORTHLAND BUSINESS CENTER 3RD ADDITION
Denotes found iron monument.
$5($6800$5<
BLOCK 1
LOT 1 = 687,036 S.F.
15.77 AC
TOTAL = 687,036 S.F.
15.77 AC
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
12
(NO SCALE)
EASEMENTS BEING 6 FEET IN WIDTH ADJOINING LOT
LINES AND 12 FEET IN WIDTH ADJOINING STREET
LINES UNLESS OTHERWISE INDICATED ON THE PLAT.
12
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THE EAST LINE OF NORTHLAND BUSINESS
&(17(5,6$6680('72%($51
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SCALE IN FEET
1
NORTHLAND BUSINESS CENTER 3rd ADDITION
DEVELOPMENT AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT made effective the day of , 2023, by and
between the City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and CLC
Partners, LLC, a Minnesota Limited Liability Company (“Developer”).
RECITALS
A. The Developer has the right to develop the property situated in the City of St. Joseph and legally
described on the attached EXHIBIT A (the “Subject Property”).
B. The City approved the preliminary plat of Northland Business Center Third Addition on the Subject
Property on March 6th, 2023.
C. On March 6th, 2023 the City approved the final plat on the Subject Property known as Northland
Business Center 3rd Addition (the “Plat”) with one industrial lot, which approval is contingent on
the terms and conditions of this Agreement, including the Developer and the City entering into this
Agreement.
D. The Developer acknowledges that Developer is responsible for all costs incurred by it or the City
in conjunction with the development of this Plat, including, but not limited to construction of
improvements, legal, planning, engineering and inspection expenses incurred in connection with
approval and acceptance of the Plat, the preparation of this Agreement, and all costs and expenses
incurred by the City in monitoring and inspecting development of the Plat and improvements
therein, unless otherwise provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and
Developer agree as follows:
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PLAT
Recording. The Developer will record the Plat and this Development Agreement with the County
at Developer’s expense within ninety (90) days of final plat approval, and will forward confirmation of the
recording of the documents to the City. In the event that technical or clerical revisions are needed in this
document or if for any reason the County Recorder deems the Development Agreement unrecordable, the
Developer and City will cooperate in the execution or amendment of any revised Development Agreement.
If, for any reason, the Plat is not recorded by the County, Developer agrees to hold the City harmless for
any costs incurred. It is expressly understood that Developer will have no claim for breach of this
Agreement in the event the Plat is not recordable or revisions are required in the Plat. If the Plat is not
recorded prior to the assignment of assessments, the Developer shall be responsible for all costs incurred
in the dividing of assessments at a later date. An electronic copy of the recorded, final plat shall be submitted
to the City Engineer in AutoCAD and Adobe PDF formats.
Monuments. The Developer will install Plat monuments for the Subject Property within one
year after recording the Plat. No Certificate of Occupancy will be issued for the Subject Property in the
Plat until the lot monuments have been installed and certified by a registered land surveyor. Monuments
will need to be relocated and/or replaced if they become buried or removed during the
excavation/development of the Subject Property.
Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses or other
documents from any and all necessary governmental agencies, as applicable, (including but not limited to
the City, Stearns County, the Pollution Control Agency, the Department of Health, and the Department of
Natural Resources, Watershed District, and Northern Natural Gas) so as to enable the development of the
Subject Property.
Right to Proceed. Within the Plat, or within the public rights of way, the Developer may not grade
or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or
private improvements, or any buildings until all the following conditions have been satisfied: (a) this
Agreement has been fully executed by both parties and both the Agreement and the Plat have been recorded
in the office of the Stearns County Recorder; and (b) Developer has deposited all escrows required by this
Agreement.
IMPROVEMENTS
The Developer agrees to construct at their expense the following improvements:
Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas)
must be installed underground serving the Subject Property.
Hard Surfaced Private Driveways and Parking Areas with Lighting. Hard surface access
private drive(s) and parking lots located on the Subject Property in accordance with the plans approved by
the City with the building permit are a requirement and must be installed prior to the Certificate of
Occupancy being issued or as soon thereafter as possible, weather permitting.
Public Improvements. The City has determined that Developer shall not be required to construct
24th Ave NE and utilities extensions or the connection to Jasmine Way in conjunction with this Plat. The
Developer acknowledges that the City shall require the construction of 24th Ave NE and the Jasmine Way
connection, as well as water, wastewater and stormwater utilities, when the City determines, in the City’s
3
sole discretion, that construction is warranted by adjacent development, traffic flow constraints and
guided by the City’s Transportation Plan.
Record Drawings. Before issuance of the Certificate of Occupancy, the Developer shall provide
all record drawings for the private driveway constructed within the public right of way and public drainage
and utility easements included in the Development Plan, and they must be approved by the City Engineer.
Record base drawings of the private improvements shall be submitted to the City Engineer in electronic
(AutoCAD) format.
ADDITIONAL CONDITIONS OF APPROVAL
The Developer agrees with the following conditions:
A. The site plan must conform to L-1 Light Industrial zoning standards for development, and city
ordinances.
B. Site plan approval is required prior to building permit issuance.
C. Civil plans, including but not limited to hydrology/hydraulic computations must be submitted
for review and approval by the City Engineer.
D. That all comments by the City Engineer must be resolved to the satisfaction of the City.
E. Facilities constructed within the Plat are required to connect to city utilities, including water,
sanitary sewer, and storm sewer.
DEDICATION
Developer has provided to the City any and all necessary easements and/or dedications or deeding
to ensure that the City has the ability to maintain, repair, replace or modify the roadways, trails, sewer, and
water mains, storm sewers, holding and sedimentation ponds and other public improvements located in the
Plat.
STORM WATER TREATMENT AREAS AND STORM WATER PIPES
Cleaning of Stormwater Facilities. At such time as the City determines that construction on the
Subject Property has been sufficiently completed so as not to cause significant erosion which will
contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge
all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment
areas require cleaning/dredging prior to the completion of all such construction, the City may request that
the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all
permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the
Department of Natural Resources and the Army Corps of Engineers, as applicable.
Buffer Area Adjacent to Ponds. All storm water ponds servicing the Subject Property, whether
such ponds are located on City owned property, easements running in favor of the City, or on private
property, must maintain a minimum of an 8-foot natural buffer from the high-water mark. Notwithstanding
the above, one access to each pond may be required by the City in a location determined by the City in its
sole discretion.
4
Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the
Developer shall enter into a storm water facility maintenance agreement. The Developer shall be
responsible for maintaining the stormwater facilities and for observing all drainage laws governing the
operation and maintenance of the stormwater facilities. The Developer shall provide the City with a
schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by
the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections
and maintenance activities, and submit such records annually to the City upon its request. The cost of all
inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities,
shall be the obligation of the Developer and its successors.
Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be
completed:
A. Submittal of as-built record drawings of the stormwater facilities.
B. Submittal of post-construction infiltration field-test, if applicable.
C. Certification by a qualified engineer or hydrologist verifying the facility has been constructed
in accordance with the storm water plans and specifications submitted and approved by the
City with the issuance of the building permit.
D. Final site inspection by City staff or City representative.
EROSION AND LANDSCAPING
Erosion Control. The Developer shall comply with all requirements of the “General Storm Water
Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all
requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with
the tasks on Exhibit B designated as the Developer’s responsibility. In addition, the City may impose
additional erosion control requirements if in the opinion of the City Engineer such requirements are
necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of
City utility systems. The Developer shall comply with the erosion control plans and with any such
additional instruction it receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye
grass or other fast-growing seed to provide a temporary ground cover as rapidly as possible. All seeded
areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time
is of the essence in controlling erosion.
SITE GRADING
Site grading shall meet all the requirements set forth in the City’s Development Manual, and in the
General Storm Water Permit for construction.
When the site grading has been completed:
A. The Developer shall verify by field survey that the site grading has been completed in
accordance with the city approved grading plan. The Developer shall submit the record site
grading plan to the City for approval prior to the issuance of the Certificate of Occupancy.
B. Elevations shall be taken on all lot corners, all building pads, and on drainage breaks, ponding
sites, ditches, and swales. Arrows shall show how the lot is to drain.
C. No permanent material stockpile of any sort will be permitted on the Subject Property.
Temporary stockpiles shall be placed outside of the public right of ways and easements, and
shall be limited to suitable grading and construction materials generated from within the
5
Subject Property and for use in the grading of the present Project. Excess materials not reserved
for the present development, as defined by the City accepted grading plan, shall be removed
from the site. Temporary stockpiles shall be limited to a maximum of twelve (12) feet in height
and for a duration not to exceed eighteen (18) months.
Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion for
its work may cause flooding and/or damage to adjoining property owners. In such event, the Developer
agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer
for flooding and/or damages arising out of such failure. Further, after giving five (5) days advanced notice
to Developer and Developer does not comply within said five (5) days the City may undertake any
corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold
the City harmless and indemnify the City from claims of all third parties for damages arising out of said
corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by
the City arising out of the corrective action including, but not limited to any costs necessary to re-landscape
disrupted soils located with the Plat.
SPECIAL ASSESSMENTS
Payment of Special Assessments. There are outstanding special assessments due on the Plat for
the 2019 public improvements, including for urban bituminous streets, curb, gutter, street lighting, storm
sewer and storm water treatment, and sanitary sewer. Said assessments shall be paid in full for the lot
upon sale of Lot 1, Block 1 based on lot size in accordance with the terms CLC Partnership – Industrial
Park Developer Agreement Document: A1553878 as recorded with the Office of County Recorder
Stearns County, Minnesota.
Future Special Assessments. In order to finance the future construction of 24th Ave NE, the
extension of Jasmine Way, and utility improvements, including water, wastewater and stormwater, the City
may levy special assessments against the Plat and other benefited lots pursuant to the provisions of
Minnesota Statutes Chapter 429. The Developer hereby waives its right to object to the improvements and
to contest the assessments levied against the Plat and other properties located within the original Parkway
Business Center, provided that the City has made a reasonable determination of the benefit to the properties
assessed.
CITY FEES
Sanitary Sewer Trunk Charge. The Plat is subject to the DBL Labs Pump Station charge to be
payable at time building permits are issued for the Plat. Developer agrees to make buyers and/or future
tenants of the Plat aware that such charges will be payable at time of issuance of building permits.
Water Trunk Charge. The Plat is subject to water trunk charges to be payable at time building
permits are issued for the Plat. Developer agrees to make buyers and/or future tenants of the Plat aware that
such charges will be payable at time of issuance of building permits.
Park Dedication Fee. The park dedication fee was paid with the Northland Business Center plat.
There are no addition park dedication fees due for the Plat.
SAC/WAC. The Developer acknowledges that sewer and water access charges will be payable at
then current rates at the time building permits are issued for construction on the Subject Property. Developer
agrees to make buyers and/or future tenants of the Plat aware that such charges will be payable at time of
issuance of building permits.
6
Storm Water Development Fee. Outlot E is being developed and is therefore subject to
Storm Water Development Fee of $0.20 per square foot in the amount of $59,395.20 (296,976 SF
x 0.20). A stormwater credit will be calculated at the time of Site Plan approval and may be
provided as determined per Ordinance 502.18 Subdivision 7. Any remaining Stormwater fee after
offsetting any allowed credit shall be payable by the developer to the City at time of Site Plan
approval.
MISCELLANEOUS
Representations. The Developer represents, to the best of its knowledge, that the Plat complies
with all city, county, state, and federal laws and regulations, including but not limited to: subdivision
ordinances, zoning ordinances, and environmental regulations and permits thereto related. Prior to
recording of the Plat, if the City determines that the Plat does not comply, the City may refuse to allow
construction work in the Plat until compliance is achieved.
Assignment. This Development Agreement cannot be assigned or transferred without the written
consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this
Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be
grounds for denial of the issuance of any building permit.
Waivers. The rights of the City under this Agreement are in addition to any other rights under
statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or
amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in
writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal
action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third
parties and third parties will have no recourse against the City under this Agreement.
License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Subject Property.
Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement
in the manner required by the City, the City shall have grounds for denial of building or occupancy permits
for the Subject Property.
Agreement Binding. The Developer represents that it fee title to the Subject Property and that the
execution of this Agreement has been duly authorized. All of the terms and provision hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and
shall be binding upon all future owners of all or any part of the Subject Property and shall be deemed
covenants running with the land.
Indemnification. The Developer will have no claim against the City and its officers and employees
for damages sustained or costs incurred resulting from plat approval and development undertaken by the
Developer. The City and its officers, agents and employees will not be personally liable or responsible in
any manner to the Developer, contractor or subcontractors, suppliers, laborers, or to any other person or
persons whomsoever, for any claims, demands, damages, actions, or causes of action of any kind or
character whatsoever arising out of or by reason of the execution of this Agreement, or the design,
performance, and completion of the work and the improvements to be provided by Developer pursuant to
this Agreement. The Developer will hold the City harmless from claims by third parties, including but not
limited to other property owners, contractors, subcontractors and suppliers, for damages sustained or costs
7
incurred resulting from plat approval and the development of the Subject Property. The Developer agrees
to indemnify, defend and hold harmless the City, its agents and employees from any claim, demand, suit,
action or other proceeding whatsoever by any person for any loss or damage to property or any injury to or
death of any person resulting from any actions by the Developer, or its agents or contractors.
Insurance. Until all of Developer’s obligations under this Agreement are fulfilled, the Developer
will provide and maintain commercial general liability insurance covering personal injury, including
death, and claims for property damage of others which may arise. Limits for commercial general liability
claims covering bodily injury, death or third-party property damages will not be less than $500,000 per
occurrence and $1,000,000 in aggregate. Limits for property damage will not be less than $500,000 per
claim. The City will be named as an additional named insured on said policy and the policy shall provide
that it may not be cancelled without 30 days prior written notice to the City except in the event of non-
payment of premium which shall not be less than 10 days. The Developer will file a copy of the insurance
coverage with the City upon execution of this Agreement. The insurance policy obtained by the
Developer is subject to City approval. In the event that the City is held liable to a third party by a court of
competent jurisdiction for damages and the insurance obtained by Developer for any reason fails to cover
the City, the Developer will be liable under this Agreement for any and all costs incurred or damages
claimed against the City.
Certificate of Occupancy. The City will not issue the certificate of occupancy for the Subject
Property’s building until the building has been connected to sanitary sewer and water, complied with the
grading, building and site plans, and the private access driveway for the Subject Property has been
constructed with bituminous in accordance with the plans approved by the City with the building permit.
Invalidity of Any Section. If any portion, section, subsection, sentence, clause, paragraph or phase
of this Agreement is for any reason held to be invalid by a court of competent jurisdiction, such decision
shall not affect or void any of the other provisions of this Agreement.
DEFAULT ON AGREEMENT
Events of Default. The following shall be “Events of Default” under this Agreement and the term
“events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise
provides) any one or more of the following events:
A. Failure by the Developer to observe and substantially perform any covenant, condition,
obligation, or agreement on its part to be observed or performed hereunder.
B. If the Developer shall admit in writing its inability to pay its debts, generally as they become
due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its
creditors, or shall consent to the appointment of a receiver of itself or of the whole or any
substantial part of the Subject Property.
C. If the Developer fails to reimburse the City within thirty days of receipt of invoice for any costs
required to be paid by the Developer under this Agreement, including the costs set forth in
Recital D.
D. If the Developer does not pay the assessments due on the Subject Property pursuant to the terms
of this Agreement and/or provisions of Minnesota Statutes Chapter 429.
If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to
Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and
privilege to declare any amounts expended by the City then due and payable as liquidated damages, and
8
the City may immediately bring legal action against the Developer to collect such sums expended by the
City, including reasonable attorney’s fees and engineering fees and all court costs. The Developer shall be
personally responsible for payment of such sums; in addition, the City shall have a lien against the
Subject Property. In addition to any other remedy provided in this Agreement, and without waiver of any
such right, the City may avail itself of any or all of the following remedies:
1. Halt all Plat development work and construction of Improvements.
2. Refuse to issue building permits or occupancy permits until such time as the Event of
Default is cured.
3. Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default.
4. Terminate this Agreement by written notice to the Developer.
Addresses.
The address of the Developer for the purposes of this Development Agreement is:
CLC Partners, LLC
PO Box 99
St. Joseph, MN 56374
The address of the City for the purposes of this Development Agreement is:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF ST. JOSEPH
By: ____________________________ Date: _________________________
Rick Schultz, Mayor
By: ____________________________
Jeff O’Neill, Interim City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the _____ day of ____________, 2023, by Rick
Schultz and Jeff O’Neill, the Mayor and Interim City Administrator, respectively, of the City of St.
Joseph.
___________________________
Notary Public
9
DEVELOPER
CLC PARTNERS, LLC
By: ____________________________ Date: _________________________
Kevin Cox, President
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged before me the _____ day of ____________, 2023, by Kevin
Cox, the President of CLC Partners, LLC.
___________________________
Notary Public
Drafted By:
City of St. Joseph,
75 Callaway St. E
St. Joseph, MN 56374
10
EXHIBIT A
LEGAL DESCRIPTION
Lot 001, Block 001 of Northland Business Center Third Addition
11
EXHIBIT B
EROSION CONTROL PROCESS
Task Responsible Party Action By
Prepare SWPPP and obtain General Storm-Water
Permit from MPCA.
Developer (private) or City
(public) project.
Developer’s Engineer if private
project, City Engineer if public
project.
Establish erosion/sediment control and mass
grade the site.
Developer (private) or City
(public) project.
Contractor
Place topsoil, seed, mulch except on boulevards
and front yard utility easements. Bring
transformer pads to grade. Wait for private
utilities.
Developer (private) or City
(public) project.
Contractor
After curb and gutter is in, install private utilities
in easement area.
Developer. Private Utility companies.
After utilities are in, construct sidewalk. Developer (private) or City
(public) project.
Contractor
Place topsoil, seed, and mulch on remaining
disturbed areas.
Developer (private) or City
(public) project...
Contractor
Complete “as-built” survey for all site grading for
Subject Property. This now becomes the
“Development Plan”
Developer (private) or City
(public) project.
Developer’s Engineer if private
project, City Engineer if public
project.
Place silt fence behind curb (or sidewalk)
throughout development.
Developer (private) or City
(public) project.
Contractor
Set Property Irons. Developer Developer’s Surveyor
Transfer permit to Developer when construction
is complete.
Developer (private) or City
(public) project
Developer’s Engineer if private
project, or City Engineer if public
project
Submit building permit application. Include site
survey.
Developer. Contractor
Issue building permit. City Building Inspector
Construct 24’ wide opening in silt fence at
driveway and place rock entrance. Place
additional silt fence as necessary to keep soil on
lot.
Developer. Contractor
Maintain silt fence and other erosion/sediment
control items.
Developer. Contractor
Sweep streets as required. Developer Developer, or City if agreement to
back charge Developer.
Submit certified lot survey showing final
structures and lot elevations.
Developer. Developer’s Surveyor
Issue Certificate of Occupancy. City City
Submit “Notice of Termination” to MPCA within
30 days of final site stabilization and removal of
all non-builder silt fence and other
erosion/sediment control items.
Developer Developer
STAFF MEMO
Prepared by:
Community Development
Meeting Date:
March 6th, 2023
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
7
Reviewed by:
Legal & Interim Admin.
Item:
Request for Demolition Extension of property located at 13 2nd
Ave NW
ACTION REQUESTED
Mark Martini owner of the property located at 13 2nd Ave NW is requesting extension to delay
building demolition until April 30th, 2023.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
PREVIOUS COUNCIL ACTION See below
REFERENCE AND BACKGROUND
Mark Martini, property owner has requested an extension from the city on the Court Order to
demolish or repair the building at 13 2nd Ave NW. Below is a snapshot of key dates/actions:
03/03/22 - Council holds work session in regards to concerns on building
06/21/22 - staff sends letter to owner listing code and safety violations on the property.
07/18/22 – Council holds closed session to discuss potential purchase of property
07/19/22 - property inspected by Building Official and concerns/violations documented.
08/01/22 – Council holds closed session to discuss offer
09/06/22 – Council passes resolution 2022-045 declaring building a Hazardous building
01/17/23 – follow-up completed by staff noting no repair work has been completed
02/06/23 – Court hearing
02/23/23 – Court order entered. Court order requires owner to:
• Complete all repairs within 60 days (by Monday April 24th) and obtain building permit
within 10 days.
• Demolish building within 30 days (by Saturday March 25th) and obtain demo permit
within 10 days
An extension to April 30th, 2023 is over a month past the court order issued. The owner is
requesting extension to April due to weather conditions.
BUDGET IMPACT
If work is not done by dates ordered the city can solicit quotes to demo the building. All demo
costs will be charged/billed to property owner and can be collected via assessing the property.
Martini may be able to contest the assessment.
STAFF RECOMMENDED ACTION
Motion granting extension to required demolition from Saturday March 25th to April, 30th 2023.
Attorney and staff recommend allowing the extension. The extension would not act as a waiver of
the City’s right to go in under the Court order and raze the building.
SUPPORTING DATA/ATTACHMENTS
STAFF MEMO
Prepared by:
Legal
Meeting Date:
March 6th, 2023
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
8
Reviewed by:
Interim Administrator
Item: Excessive Nuisance Service Calls
ACTION REQUESTED
Review Draft Ordinance 1014 Excessive Nuisance Service Calls and Amendment to 505.12. Adopt
Resolution 2023-012.
REFERENCE AND BACKGROUND
Following a Council workshop regarding nuisance matters, the City Administrator was tasked with
drafting a resolution regarding enforcement of nuisances and the City Attorney was tasked with
preparing an ordinance to allow the City to recoup enforcement/response costs of the City for
repeat nuisance properties. The attached draft ordinance establishes a legally enforceable process
for imposing the fee. Property owners and/or occupants would be provided written notice
following a nuisance service call, such as a noise violation, disorderly house, or other similar
condition that impacts the health, safety, morals, welfare, comfort or repose of neighboring
property owners. Any subsequent nuisance calls after the notice could subject to the owner or
occupant to the fee, which shall be a minimum of $250, but may be increased based upon the
extent of the response required up to a maximum of $2500. These amounts are borrowed from
the Hutchinson ordinance so can be revised by the Council as appropriate. The fee will withstand
scrutiny because prior notice will be given and the persons responsible for the fee will have an
opportunity to be heard to contest the fee.
The nuisance fee would not require criminal convictions for the prior incidents, but would require
verification by law enforcement, community service officer or other city staff. In my draft, I have
proposed that if the owner is in the process of evicting the tenants between incidents, then the
owner would not be responsible for the fee. This is a fairness provision. The defense would not be
allowed if the property in question has a history of nuisance calls with prior tenants.
The persons charged the fee would have the right to appeal. The draft makes the appeal to the
City Council. However, I have noted in the footnote that this could be changed to an independent
hearing officer. It could also be combined with any rental license revocation hearing before the
council. The Council should consider whether it wants to hear both issues since they would
undoubtedly center on the same facts.
If the amounts remain unpaid by the property owner, the City could assess the fees against the
property. For that matter, I would suggest that the property owner be the primary party made
responsible for the fees. If the owner is proceeding with an eviction, the tenant could be made the
responsible party for the fees, but collection is less certain.
Additional issues:
Ordinance 505.12 (Rental License Penalties) Subd. 5 (suspension and termination) (c) broadly
provides that violations (plural) of any codes or ordinances by the owner or tenant “related to,
pertaining to, or governing the license and the premises” is a basis for suspending, revoking a
rental license. This brings the nuisance code provisions into play with regard to suspending or
revoking a rental license but requires more than one violation. Further, Subparagraph (h) requires
3 or more violations of the rental license ordinance “and Ordinance 104” (general penalty
ordinance) in order to take action on the license.
In contrast, Section 1002.05 (Landlord’s liability for noise violations) provides for suspension or
revocation with the first violation, without prior knowledge of the noise violations. I believe it is
legally permissible to interpret the two sections together to determine that noise ordinance
violations are special, such that a single violation can form the basis for suspension/revocation,
however other types of nuisance violations would require at least two incidents.
It is my recommendation that the council determine how to bring these code provisions into
agreement such that all nuisance violations are treated equally. I.e. will a single violation of a
nuisance code provision (other than noise) form the basis for suspension? For revocation? Or will
multiple violations be required. Clarifying this can help to avoid a legal challenge on a rental license
action. I have prepared an amendment to Section 505.12, Subd. 5 which would make a single code
violation the basis for suspension/revocation.
In reviewing the various nuisance code provisions, I noted the following typographical errors:
Section 1011.01, Subd. 1(d) refences Section 1002.02, Subd. 6 and it should
reference 1002.04, Subd. 9. (noisy party)
Section 1002.06 – there are two sections with this number. The second section
should be renumbered 1002.07.
BUDGET IMPACT
There will be some administrative burden in imposing and collecting this fee. However, the fee
will help offset the City’s costs in addressing these repeat nuisance calls.
STAFF RECOMMENDED ACTION
Adopt the Resolution 2023-012 Enforcement Approach.
Review and comment on the proposed Ordinance 1014 Excessive Nuisance Calls and the
amendment to Section 505.12 to be finalized and posted to the City website for action at the
March 20th council meeting. Under Minn. Stat. 415.19, proposed ordinances and amendments
must be posted on the City’s website 10 days prior to adoption.
Direct staff to correct typographical errors in Sections 1002 and 1011.
SUPPORTING DATA/ATTACHMENTS
Draft Ordinances, Resolution
RESOLUTION 2023-012
Adopting Enforcement Approach on Nuisance Violations
WHEREAS, The City of St Joseph supports property owners, tenants and guests the freedom to enjoy activities
of their choosing on their private property.
WHEREAS, From time to time gatherings have exceeded the capacity of the hosting property or have resulted in
associated activities that negatively impact participants, adjoining properties and the City at large, including
diverting public safety resources. Activities associated with large gatherings have included loud music, open
container violations, public urination on and off host site, extreme litter, and blocking traffic.
WHEREAS, The City has nuisance ordinances in place to address some of the concerns. The public safety
approach has been aimed at containment, including warnings intended to address undesirable behaviors associated
with large gatherings in order to protect participants, the well-being of neighborhoods and the public at large.
WHEREAS, Historically, this approach toward enforcement, including use of warnings, has not resulted in the
in the desired effect of curbing with undesired and burdensome behaviors and activities associated with large
gatherings continuing to occur year after year.
WHEREAS, The City has received numerous complaints from neighbors and the general public relating to
behaviors associated with large gatherings.
WHEREAS, Size and temperament of large gatherings often require a special police response for the purpose of
maintaining order and enforcing City codes. There is currently no method for recovering City costs to respond to
citizen complaints and public concerns resulting from large gatherings.
WHEREAS, It is the responsibility of the City of St Joseph to both protect the rights of individual property
owners and protect the well being of the general public in an effective manner.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, AS
FOLLOWS:
1.The City of St Joseph that the City intends to take a different approach aimed at curtailing the adverse
impacts of large gatherings rather than containing the adverse impacts.
2.The St. Joseph City Council and Police Department shall apply the full force of the City’s pertinent
nuisance ordinances through increased citations for offenders, abatement processes, and consequences for
rental licenses.
3. The St. Joseph City Council intends to enact an ordinance allowing the City to assess offenders the costs
of excess nuisance calls incurred as a result of repeat behavior.
4.To the extent allowed by the Minnesota Government Data Practices Act, the Police Department will share
information regarding offenders with City Administration and other relevant entities and agencies for the
purpose of deterring the undesirable conduct.
5.This Resolution shall serve as the notice to large gathering hosts and participants that the City will
exercise its authority to apply penalties outlined in City codes and ordinances.
6. In an effort to prevent future disruption from large gatherings, City staff is directed to provide this
resolution to the community at large via media outlets, to property owners that have been the site of large
gatherings in the past via direct contact and to others as determined by the Chief of Police.
ADOPTED by the City Council this 6th day of March, 2023.
CITY OF ST. JOSEPH
Rick Schultz, Mayor
ATTEST
Jeff O’Neill, Interim Administrator
CITY OF ST. JOSEPH
AMENDMENT TO CITY CODE SECTION 505.12
TERMINATION OF RENTAL LICENSE
The City Council for the City of St. Joseph, HEREBY ORDAINS that City Code Section
505.12 PENALTY, VIOLATIONS AND TERMINATION OF RENTAL LICENSE shall be
amended as follows:
1. That Section 505.12, Subd. 5(c) shall be amended to read as follows:
“c) One or more violations of any rules, codes, statutes or ordinances related to,
pertaining to, or governing the license or use of the premises, including but not limited to,
violations of Chapter 10 Nuisances and Offenses of the City Code. Nuisance Code on the
licensed property. The City Council may consider the severity and number of violations
originating on the property when determining the appropriate suspension period or termination.”
2. That Section 505.12, Subd. 5(h) is hereby repealed.
This Ordinance Amendment shall be effective upon publication.
This Ordinance was approved by the majority of the City Council of St. Joseph on this __
day of March, 2023.
____________________________ _____________________________
Rich Schultz, Mayor Kayla Klein, City Clerk
( S E A L )
This amendment was published in the _________ on March ___, 2023
CHAPTER X – NUISANCES & OFFENSES
1014-1
ORDINANCE 1014 EXCESSIVE SERVICE CALLS ......................................................... 1014-1
Section 1014.01: PURPOSE AND INENT ............................................................. 1014-2
Section 1014.02: APPLICABILITY AND SCOPE...................................................... 1014-2
Section 1014.03: DEFIN ITIONS .................................................................................. 1004-2
Section 1014.04: FEES; LATE PENALTIES; COLLECTION BY SPECIAL
ASSESSMENT. ............................................................................................................. 1014-3
Section 1014.05: NOTICE ............................................................................................ 1014-3
Section 1014.06: AFFIRMATIVE DEFENSE ............................................................. 1014-3
Section 1014.07: RIGHT TO APPEAL; APPEAL PROCEDURE ............................... 1014-4
Section 1014.08: SEVERABILITY AND VALIDITY ................................................ 1014-4
CHAPTER X – NUISANCES & OFFENSES
1014-2
______________________________________________________________________________________________________________________________________________________________ ORDINANCE 1014 EXCESSIVE NUSIANCE SERVICE CALLS ______________________________________________________________________________________________________________________________________________________________
Section 1014.01: PURPOSE AND INTENT. The purpose of this Section is to protect
the public safety, health and welfare and to prevent and abate repeat response calls by the City
to the same property of location for nuisance service calls, as defined in this division, which
prevent police or public safety services to other residents of the city. It is the intent of the City
to impose and collect nuisance service call fees from the owner or occupant, or both, of
property to which city officials must repeatedly respond for any repeat nuisance event or
activity that generates extraordinary costs to the City. The nuisance service call fee is intended
to cover that cost over and above the cost of providing normal law or code enforcement
services and police protection city wide.
Section 1014.02: APPLICABILITY AND SCOPE. This Section shall apply to all
owners and occupants, of private property which is the subject or location of the repeat
nuisance service call by the City. This division shall apply to any repeat nuisance service call
responses made by a police officers, community service officers, and code enforcement
officers and officials.
Section 1014.03: DEFINITIONS. Except as may otherwise be provided or clearly
implied by context, all terms shall be given their commonly accepted definitions. For the
purpose of this ordinance, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
Subd. 1: Nuisance Service Call: An incident to which the City is required to
respond, of any activity, conduct or condition occurring on private property that is likely
to unreasonably interfere with the quiet enjoyment of neighboring properties or the
safety, health, morals, welfare, comfort or repose of the residents therein, including
without limitation, violations of City Code Sections 1002, 1010, 1011, and 1012, and
incidents of disorderly conduct or indecent exposure as defined by Minnesota Statutes.
Subd. 2: Public Officer: Shall include police officers, community service officers,
and code enforcement officers and officials of the City of St. Joseph.
Subd. 3. Verified Incident: An incident in which a public officer, having
completed an investigation, is able to find evidence of nuisance conditions or conduct
described in the definition of Nuisance Service Call. It shall not be necessary that
criminal charges be brought or convictions be obtained relative to the incident. Multiple
offenses obtained during a single response shall count as one incident.
CHAPTER X – NUISANCES & OFFENSES
1014-3
Section 1014.04: FEES; LATE PENALTIES; COLLECTION BY SPECIAL
ASSESSMENT.
Subd. 1: Imposition of Fee. Property owners and occupants of a property shall be
jointly and severally responsible for nuisance incidents occurring thereon and shall be
individually responsible for any Nuisance Service Call fees issued to a party under this Section.
Where a notice of Nuisance Service Call has been served on the owner and/or occupant of the
property, each successive Nuisance Service Call within a period of 365 days shall result in fee
being charged to the owner and/or occupant.
Subd. 2: Amount of Fee, Late Penalties. The Nuisance Service Call fee under this
Section shall be in the amount of $250 or more based upon the actual cost of law enforcement
or other public officer response as determined by the City fee schedule up to a maximum of
$2,500 for each separate call. All Nuisance Service Call fees imposed shall be due within thirty
days of the city's mailing a billing statement therefor. Delinquent payments are subject to a ten
percent penalty of the amount due.
Subd. 3: Assessment. If an owner fails to pay a Nuisance Service Call fee as lawfully
required under this Section, the city council may, at their discretion, assess the fee against the
property taxes due on the parcel.
Section 1014.05: NOTICE. No Nuisance Service Call fee may be imposed against an
owner or occupant of property without first providing the owner or occupant with written
notice of at least one Verified Incident prior to the Nuisance Service Call upon which the fee is
imposed. The written notice shall:
(1) State the nuisance conduct, activity or condition that is or has occurred or is
maintained or permitted on the property, the dates of the nuisance conduct, activity or
condition;
(2) State that the owner or occupant (or both) may be subject to a repeat nuisance
call service fee if another service call is rendered to the property for nuisance conduct, activity,
or condition of the same or similar kind; and
(3) Be served personally or by U.S. mail upon the owner or occupant at the last
known address. With regard to the owner, the notice by U.S. Mail shall be sent to the address
for property tax statements maintained by Stearns County Assessor for the property.
Section 1014.06. AFFIRMATIVE DEFENSE. In the case of rental property, it
shall be an affirmative defense to the Nuisance Service Call fee upon the owner if the
owner has commenced eviction proceedings against the tenant or tenants responsible for
the nuisance conduct or conditions and the property does not have a history of Nuisance
Service Calls with prior tenants.
CHAPTER X – NUISANCES & OFFENSES
1014-4
Section 1014.07: RIGHT TO APPEAL; APPEAL PROCEDURE.
Subd. 1: Request for hearing. Upon the imposition of a Nuisance Service Call fee, the
City Administrator or designee shall inform the owner or occupant of their right to a hearing on
the alleged repeat Nuisance Service Call fee. The owner or occupant upon whom the fee is
imposed may request a hearing by serving upon the City Administrator within 14 business days
of the mailing of the fee invoice, inclusive of the day the invoice is mailed, a written request
for a hearing. The hearing shall be heard by the City Council within 30 days of the date of the
owner's or occupant's request for a hearing.
Subd. 2: Hearing procedure; evidentiary rules. The hearing shall be conducted in an
informal manner and the state rules of civil procedure and rules of evidence shall not be strictly
applied. The hearing need not be transcribed but may be transcribed at the sole expense of the
party who requests the transcription.
Subd. 3: Final determination; notice to owner or occupant. After considering all
evidence submitted, the City Council1 shall make written findings of fact and conclusions on
the issue of whether the City responded to or rendered services for repeat nuisance calls to the
same location on two or more occasions within a 365-day period. The findings and conclusions
shall be served upon the owner or occupant by U.S. mail within five days of the conclusion of
the hearing.
Subd. 4: Waiver of right to hearing. An owner or occupant's right to a hearing shall be
deemed waived if the owner or occupant fails to serve a written request for a hearing as
required herein or fails to appear at the scheduled hearing date. Upon waiver of the right to
hearing, or upon receipt of the written findings of fact and conclusions that the Nuisance Call
Service fee is warranted hereunder, the owner or occupant shall immediately pay the fee
imposed.
Section 407.08: SEVERABILITY AND VALIDITY.
Subd. 1: If any section or subdivision of this ordinance shall be held invalid, the invalidity
thereof shall not affect the validity of the other provisions of this ordinance, which shall continue
in full force and effect.
Subd. 2: This ordinance shall be in full force and take effect from and after its passage and
approval and publication as provided by law.
1 In the alternative, the City could provide that an independent hearing officer will hear the appeal (similar to
dangerous dog appeals) and that the person appealing will bear the cost of that process if they lose their appeal.
We could also combine this appeal to the Council with the hearing on the rental license action, if applicable.
STAFF MEMO
Prepared by:
Kayla Klein, City Clerk
Meeting Date:
March 6, 2023
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
9
Reviewed by:
Jeff O’Neill, Interim Admin.
Item:
Discussion on Rental Fees for City Facilities for Non-profit
Organizations
ACTION REQUESTED
Discuss and provide direction on renting to non-profit organizations.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND: Historically, the City has waived city facility rental fees for the
following 11 organizations/department:
• RSVP – Retired Senior Volunteer Program
• St. Joseph Area Dollars for Scholars
• St. Joseph Lions Club
• St. Joseph Y2K Lions
• St. Joseph Senior Citizens
• St. Joseph Township Board
• St. Joseph Women of Today
• Stearns County Park Department
• Stearns County Sheriff’s Department
• St. Joseph Historical Society
Some of these groups meet once a month, others multiple times a month. Rentals fees for the
use of city facilities include a $200 rental fee and $200 damage deposit.
A request to have rental fees waived for the Cub Scouts troop was received at City Hall and the
group was told they had to pay the rental fee and deposit being they are not on the exempt list.
Staff would like direction on processing the Cub Scout reservation request as well as processing
future non-profit facility reservations.
Some options could be:
1. Continue with today’s current process, only allowing those referenced above to rent city
facilities by only having to submit a damage deposit
2. Charge all renters the $200/rental, $200/deposit fee
3. Charge non-profits at a lower rental fee; keeping the deposit fee the same
BUDGET IMPACT: Potential impact if fees are waived for more organizations/non-profits.
Increased revenue if all that rent the facilities are charged the rental fee.
STAFF RECOMMENDED ACTION
Discuss and provide direction on renting to non-profit organizations.
SUPPORTING DATA/ATTACHMENTS NA