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HomeMy WebLinkAbout04.03.23 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 April 3, 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. ** Join Zoom Meeting https://us06web.zoom.us/j/87992973535?pwd=TFYvRUJXdStPbXcvL08rTk9ob3BkQT09 Meeting ID: 879 9297 3535 Passcode: 260378 1. 6:00 PM Call to order - Pledge of Allegiance 2. Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address the council with questions/concerns/comments (regarding an item NOT on the agenda). No Council response or action will be given/taken other than possible referral to Administration. 3. Approve Agenda 4. Consent Agenda a. Minutes – Requested Action: Approve the minutes of March 6, 2023. b. Bills Payable – Requested Action: Approve Check Numbers 060209-060330, Account Payable EFT #2142-2151, 3001; Payroll EFT #1123011-1123016. 3002-3007; Regular Pay Period 5 & 6; Council Pay Period 3. c. Extension of Fire Contract with St. Joseph Township – Requested Action: Approve amendment to fire contract extending it to August 30, 2023, between the City of St. Joseph and St. Joseph Township for fire services. d. Approval of purchase of John Deere Mower – Requested Action: Approve the quote for a new John Deere mower in the amount of $34,395.00. e. Pay Equity – Requested Action: Approve the Pay Equity Report prepared by Flaherty & Hood completed in compliance with MN pay equity law. f. 3.2 On-Sale Liquor License Approval for St. Joseph Baseball Team – Requested Action: Approve the 3.2 on sale liquor license for the St. Joseph Baseball team for the period May 1, 2023 to August 1, 2023. g. Approve purchase of Skid Loader – Requested Action: Approve the purchase of a new Holland skid loader in the amount of $39,272.00. h. Approve quote for dugouts at Millstream Park – Requested Action: Approve the quote for new concrete dugouts for the east field at Millstream Park to Simmons Construction in the amount of $17,160.00. 5. Consideration of adoption of Resolution 2023-015 Approving Agreement and Memorandum of Understanding for 2023-2025 between the City of St. Joseph and American Federation of State, County, and Municipal Employees (AFSCME) Council 65 6. Consideration of approval of Ordinance 1014 Excessive Service Calls and approval of amendments to Section 505.12 Penalty, Violations and Termination of Rental License. 7. Consideration of approval of Resolution 2023-014 Accepting the Report and Calling for Hearing on Improvements for the 2023 and 2024 Street Improvements 8. Consideration of adoption of Body Camera Policy 9. Engineer Reports 10. Administrator Reports 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 11. Mayor and Council Reports and Miscellaneous Business 12. Adjourn March 6th , 2023 Page 1 of 4 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, March 6th, 2023, at 6:00PM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Adam Scepaniak, Bob Loso, 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 Swearing in of Police Officer Madison Honer: Officer Madison Honer was sworn in by Mayor Schultz. Public Comments: Tim Borrresch, 11 3rd Ave NW. Borresch shared his concerns regarding properties within the City who do not shovel their sidewalks. He noted there is a section of sidewalk in between 3rd avenue and 2nd avenue that has not been shoveled all winter creating a hazard and making it impossible to use the sidewalk. Borresch also shared some residents leave their garbage or recycling containers out for weeks creating a nuisance when the container spills creating loose and flying refuse. Borresch owns two properties in that area, it is hard to enforce his tenants to shovel and bring in the refuse containers when others are not. Borresch inquired about who is responsible or who could be responsible for issuing citations for failing to clear sidewalks and keeping neighborhoods clean. Borresch also wanted to note that alley between 3rd and 2nd is a public right of way, however, parking in the alley and parking in the grass is illegal and he would like to see no parking signs put up in the alley before ball season starts. Approve Agenda: Loso motioned to approve the agenda; seconded by Kluesner 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 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. Consideration of Easement Vacation Requests and approval of the Northland Business Center Third Addition Preliminary and Final Plat Request: Keller provided an overview of the request submitted by CLC Partners to vacate interior easements and approval preliminary and final plat for Northland Business Center Third Addition. Four lots are being consolidated into one, creating a 15.77-acre lot. Outlots do require final platting before they are built on. A Development Agreement (DA) is required with the plat. Previously, when the development was envisioned, Outlot E could have been subdivided into approximately six properties which would have been accessed off of 24th avenue. Since this is a consolidation with access already provided including utilities the intent of the DA has shifted. Now, the improvement on 24th Avenue NE from Jasmine Lane to Trobec’s can be delayed. Staff has worked with the attorney to draft language in the DA to reflect the change which would shift the responsibility of the future 24th Avenue NE from the time of plat and developer to adjacent property owners at the time of assessment. Keller also noted that within the DA there is a stormwater development fee. Typically, this is paid at the time of the DA being executed and prior to the plat being recorded. Our ordinance does have an allowance for stormwater credits to be given, those credits can help offset that total fee amount and since those credits will be unknown until the site plan goes through and is under review, that payment has been shifted to occur at the time of site plan review. Keller shared there were no public comments regarding this matter at the Planning Commission meeting held on February 13th, 2023. The Planning Commission voted 6-0 in favor of the vacation and platting request. March 6th , 2023 Page 2 of 4 Schultz asked staff how drainage will be handled for this lot. Sabart informed the Council, currently public drainage on 21st is handled in the streets so we are managing right of way drainage on 21st Avenue NE, this system also has capacity to handle drainage from that lot. On the 24th Avenue side of the lot, although, staff hasn’t seen the site plan yet, it is staff’s understanding there will be on-site stormwater management for that development. Loso motioned to approve resolution 2023-009 to vacate interior easements within Northland Business Center, resolution 2023-010 to vacate interior easements within Northland Business Center Second Addition, and Preliminary and Final Plat resolution 2023-011 for Northland Business Center Third Addition which includes approval of the Development Agreement; seconded by Kluesner and passed unanimously. Consideration of Request for an Extension for Demolition of Property Located at 13 2nd Ave NW: Keller shared with the Council a request has been made by the owner of the property at 13 2nd Ave NW for an extension regarding the demolition date due to weather. The current court order requires the owner to: • Complete all repairs within 60 day (by Monday April 24th) and obtain building permit within 10 days. • Demolish building within 30 days (by Saturday March 25) and obtain demo permit within 10 days. Keller informed the Council the City may solicit quotes to demo the building. Those costs would be charged/billed to the property owner and could be collected via assessing the property; however, the owner may contest the assessment. Loso motioned to approve granting extension of required demolition from Saturday, March 25th to April 30th, 2023; seconded by Kluesner and passed unanimously. Consideration of Approval of Resolution 2023-012 Adopting Enforcement Approach on Nuisance Violations: O’Neill shared with the Council large crowd gatherings have been a topic of conversation and a general concern of the community for some time. This matter was recently discussed at a Council workshop which set the stage for staff to present a resolution which outlines the Council’s position, sense of concern and the actions to be taken in the future to try to prevent situations and recoup Public Safety resources that occur with large crowd gatherings. Should Council move forward with adoption of this resolution and adopt the associated ordinances, the City will take initiative to inform and educate those parties that might be involved with large crowd gatherings. Police Chief Pfannenstein reiterated O’Neill’s statement. In no way is the City trying to limit residents from enjoying their property, however, when their activity or gathering becomes so large and disruptive that on an evening when two officers are on duty that additional officers must be called in to manage a large crowd gathering is what the City is trying to prevent. Pfannenstein shared that landlords, renters, and property owners who do may not have a rental license will be educated regarding the new approach and enforcement of nuisance violations. Dege informed the Council, the City could establish a minimum penalty of $250 and cap it at $2500. Dege would also like to see a warning issued before a penalty. Councilman Kluesner shared that he would prefer to offer the individual/s the right to appeal versus issuing a warning. Beniek, Scepaniak and Pfannenstein agreed with Kluesner that a penalty should be issued upon first offense. Dege shared that process would be defensible provided the City does a good job educating. Dege asked for the Councils opinion regarding the fine, whether there should be a cap or if restitution should be based on police response. Scepaniak shared that he would prefer to see the restitution based on police response. Schultz asked Dege if there will be provisions that provide revocation or penalties of rental licenses, he also wanted to know if the license could be revoked immediately as part of the citation. Dege shared that if there is an incident the City may suspend or revoke the rental license however, they do have the opportunity to appeal to the council. Dege informed the Council that a letter would need to go out the next business day after the event informing the landlord there is going to be some form or suspension or revocation of their rental license and give the landlord the opportunity to appeal. Dege shared the Council would determine the suspension. Landlords could reapply for rental licensing after their suspension or revocation at which time, Council could take prior offenses into consideration. March 6th , 2023 Page 3 of 4 Kluesner asked Staff what the educational plan to communicate the new enforcement of nuisance violations will be. O’Neill informed the Council that the City Clerk will advertise/educate residents via the City’s website, Newsletter, Facebook, The Newsleader, and an introductory press release. Pfannenstein will speak directly with landlords whose properties may get into these situations. CSB/SJU are also planning to speak with tenants to make them aware of the changes. Keller shared there will be a mailing to those who hold a rental license to notify them of the new resolution. Loso motioned to Adopt Resolution 2023-012; seconded by Scepaniak and passed unanimously. Discussion on Rental Fees for City Facilities for Non-profit Organizations: Klein shared with the Council there are currently eleven non-profit organizations whom the City waives rental fees for. These organizations still provide a damage deposit. Rental fees for the use of City facilities/parks include a $200 rental fee and $200 damage deposit, except for the Multi-Purpose Room at City Hall. The rental fee for the Multi-Purpose Room is $150.00 with a $200 damage deposit. City Hall has received a request to have the rental fees waived for the Cub Scouts troop. Staff would like input from the Council regarding the Cub Scout reservation request as well as processing future non-profit facility reservations. Council and Staff discussed the length of time that the eleven non-profits have been using the facilities at no cost. It was established they have been receiving these facilities at no cost for more than 15 years. Klein found in 2008 there was a separation in rental fees. Non-profits and residents had a lower rate than a business or a for-profit. Schultz shared that the City has waived these fees as a “good neighbor policy” to these eleven non-profit organizations. O’Neill shared the purpose of asking for the rental fees is to offset staff time and maintenance costs. Council directed Staff to provide a list of entities whom have been charged to compare it to the current organizations whose rental fees are waived. Engineer Reports: None. Administrator Reports: • O’Neill shared with Council that he and Finance Director Bartlett will meet with Greg Gack Wednesday, March 18th at 3:00PM regarding operations, design, and budget for the Community Center. • O’Neill informed the Council that the sales tax initiative missed the deadline, however, the Lobbyist noted it can be inserted as an amendment. The lobbyist feels the City should continue to pursue it, however, we may want to modify the request. O’Neill shared with the council the total project cost ($37.5M) exceeds the 20-year revenue potential ($20M) which may pose problems for acceptance by legislature. Originally Staff and Council recognized the gap but thought grants and other funding would enable completion of these projects in 20 years. As staff learns more, it may be the case that the City needs to show that all project costs are to be funded by the sales tax that can be generated in 20 years. Staff is looking for the Council to consider reviewing the four projects and determine which ones should be removed.  $15.5 m public safety facility  $11m Community Center, phase 2  $5m regional trail connections  $6m regional parks Schultz shared he would like to see the regional trail connections and the public safety facility projects removed. The regional trail connections project has a long way to go before the City would be ready to begin the project. Schultz would like to see the public safety facility introduced at a future bonding session. The Council concurred with what had been stated by Schultz. Schultz made a motion to remove the $15.5 million public safety facility allotment and $5 million regional trail connections allotment and rejacket it as an amendment to Community Center, Phase 2 and Regional Parks; seconded by Loso and passed unanimously. • SF 1806, the St. Joseph sewer main bond bill. One person may testify for the bill once it is scheduled. Schultz shared he will testify on March 9th. March 6th , 2023 Page 4 of 4 • O’Neill informed the Council about a congressional directed spending opportunity. He shared the Gateway Project and the Community Center may quality for funding consideration. Staff only found out about this opportunity last week. Applications are due March 10th. Unless Council directs otherwise, staff would like to attempt to apply through Klobuchar’s office in the amount of $12M for the Community Center. Staff would also like to apply through Congressman Emmer’s Office for $12M to fund the Gateway sanitary sewer and lift station. Mayor and Council Reports: Schultz shared he was at the LMC this past week, they are working on re- branding the mayor’s association. He was also in Alexandria on March 4th and 5th attending the elected learning institute, he took part in the advanced section; Kluesner attended the newly elected session. He met with CSB/SJU regarding the nuisance ordinance and received their approval. Day at the Capital is March 9th, Schultz has meetings scheduled with Putnam, Demuth, and Perryman. Adjourn: Kluesner made a motion to adjourn at 7:11PM; seconded by Scepaniak and passed unanimously. Kayla Klein City Clerk STAFF MEMO Prepared by: Lori Bartlett Meeting Date: 4/3/23 ☒ 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 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 5 & 6, CC 3 $120,181.66 Payroll EFT #1123011 - #1123016, #3002-#3007 $86,359.09 Account Payable EFT #2142 - #2151, 3001 $56,402.94 Check Numbers #060209 - #060243, #060261 - #060278 #060296 - #060330 $ 227,404.03 Total $490,347.72 Bills Payable – Checks Awaiting Council Approval Voided #060244 - #060260, #06279 - #060295, Check Numbers $0.00 Total $0.00 Total Budget/Fiscal Impact: $490,347.72 Various Funds STAFF RECOMMENDED ACTION Approve the bills payables as presented. SUPPORTING DATA/ATTACHMENTS Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval. GL Period Check Issue Date Check Number Vendor Number Payee Invoice Number GL Account Amount 23-Mar ACH PAYROLL REG PP 5 & 6, CC3 VARIOUS 120,181.66$ 23-Mar 3/10/2023 2142 104139 SENTRY BANK-CREDIT CARD FEB 23 STMT CREDIT CARD 101-41530-200 5,159.29$ 23-Mar 3/10/2023 2143 102301 OFFICE DEPOT FEB 23 STMT CC 101-41430-200 151.84$ 23-Mar 3/10/2023 2144 1349 NCPERS GROUP LIFE INSURANCE 735000000000 101-21711 57.00$ 23-Mar 3/10/2023 2145 106514 DELTA DENTAL CNS0001183512 101-21706 2,721.42$ 23-Mar 3/10/2023 2147 106543 THE HARTFORD 395926000000 101-21711 192.85$ 23-Mar 3/10/2023 2148 107068 MEDICA 692748000000 101-21706 42,941.69$ 23-Mar 3/17/2023 2150 106705 SPEEDWAY 87331488 602-49450-235 1,036.48$ 23-Mar 3/20/2023 2151 106422 KWIK TRIP FEB 23 STMT - PD, PW & FIRE 602-49450-235 2,789.27$ 23-Mar 3/24/2023 3001 107770 CIRCLE K FLEET - HOLIDAY Feb 23 STMT 101-41430-317 1,353.10$ 23-Mar 3/10/2023 1123011 106468 AMERICAN FUNDS REG PP 5 101-21705 150.00$ 23-Mar 3/10/2023 1123012 1224 EFTPS REG PP 5 101-21703 18,371.93$ 23-Mar 3/10/2023 1123013 897 MN DEPARTMENT OF REVENUE REG PP 5 101-21702 3,816.06$ 23-Mar 3/10/2023 1123014 63 PERA REG PP 5 101-21704 17,165.64$ 23-Mar 3/10/2023 1123015 105209 SENTRY BANK REG PP 5 101-21715 1,942.51$ 23-Mar 3/10/2023 1123016 106189 VOYA FINANCIAL REG PP 5 101-21705 1,725.00$ 23-Mar 3/27/2023 3002 106468 AMERICAN FUNDS REG PP 6 101-21705 150.00$ 23-Mar 3/27/2023 3003 1224 EFTPS REG PP 6 101-21701 17,898.48$ 23-Mar 3/27/2023 3004 897 MN DEPARTMENT OF REVENUE REG PP 6 101-21702 3,674.58$ 23-Mar 3/27/2023 3005 63 PERA REG PP 6 101-21704 17,097.38$ 23-Mar 3/27/2023 3006 105209 SENTRY BANK REG PP 6 101-21715 1,942.51$ 23-Mar 3/27/2023 3007 106189 VOYA FINANCIAL REG PP 6 101-21705 2,425.00$ 23-Mar 3/1/2023 60209 1238 AFSCME COUNCIL 65 1 101-21707 793.00$ 23-Mar 3/1/2023 60210 106404 AMERICAN DOOR WORKS 8153 101-45201-220 168.75$ 23-Mar 3/1/2023 60211 105959 BATTERY WHOLESALE, INC.212056STC 602-49450-220 79.98$ 23-Mar 3/1/2023 60212 106494 BRUNO PRESS 1 220-46500-300 750.00$ 23-Mar 3/1/2023 60213 145 CENTRAL HYDRAULICS, INC 131253 101-43125-230 91.84$ 23-Mar 3/1/2023 60213 145 CENTRAL HYDRAULICS, INC 131254 101-43125-230 34.73$ 23-Mar 3/1/2023 60214 108079 CHAMBERLINE OIL CO.425872-00 602-49450-230 34.48$ 23-Mar 3/1/2023 60215 108162 FARRELL EQUIPMENT & SUPPLY CO. INC.12793 101-45201-240 99.99$ 23-Mar 3/1/2023 60216 107141 Fleet Services 2023070025 101-42152-414 124.04$ 23-Mar 3/1/2023 60217 558 FRONTLINE PLUS INC 13858 101-42500-326 750.00$ 23-Mar 3/1/2023 60218 592 GALLS, INC 23447049 101-42120-171 13.20$ 23-Mar 3/1/2023 60218 592 GALLS, INC 23508835 101-42120-171 61.32$ 23-Mar 3/1/2023 60219 1535 GRAINGER 9601319859 601-49440-210 16.36$ 23-Mar 3/1/2023 60220 511 GRANITE WATER WORKS, INC 137797 602-49450-220 43.68$ 23-Mar 3/1/2023 60221 1145 LAW ENFORCEMENT LABOR SERVICES 1 101-21707 675.00$ 23-Mar 3/1/2023 60222 15 LEAGUE OF MN CITIES 376872 602-49490-212 1,906.50$ 23-Mar 3/1/2023 60223 146 MIDWAY IRON AND METAL, INC 544123 101-43125-230 30.30$ 23-Mar 3/1/2023 60224 105537 MIDWEST MACHINERY CO.9492104 601-49440-230 3.95$ 23-Mar 3/1/2023 60225 1616 MVTL LABORATORIES, INC 1180366 602-49480-312 500.64$ 23-Mar 3/1/2023 60225 1616 MVTL LABORATORIES, INC 1186532 602-49480-312 500.64$ 23-Mar 3/1/2023 60226 106764 O REILLY AUTO PARTS 5771-286326 101-43125-230 16.93$ 23-Mar 3/1/2023 60226 106764 O REILLY AUTO PARTS 5771-286465 101-43125-230 76.17$ 23-Mar 3/1/2023 60227 108095 SNAP-ON INDUSTRIAL ARV / 56197114 390-45201-580 184.17$ 23-Mar 3/1/2023 60228 307 TRAUT COMPANIES 356543 601-49420-312 280.00$ 23-Mar 3/1/2023 60229 2022 UNUM LIFE INSURANCE JAN/FEB 2023 101-21713 2,318.11$ 23-Mar 3/1/2023 60229 2022 UNUM LIFE INSURANCE 23-Mar 101-21713 1,931.71$ 23-Mar 3/1/2023 60230 356 VIKING INDUSTRIAL CENTER, INC 3259529 602-49490-212 226.97$ 23-Mar 3/1/2023 60230 356 VIKING INDUSTRIAL CENTER, INC 3259530 602-49490-212 265.00$ 23-Mar 3/1/2023 60230 356 VIKING INDUSTRIAL CENTER, INC 3259531 602-49490-212 237.71$ 23-Mar 3/1/2023 60231 107953 WEISMAN CLEANING INC 6365 101-41942-300 1,785.00$ 23-Mar 3/1/2023 60232 108127 WHEELCO INV314443 101-43125-230 145.57$ 23-Mar 3/1/2023 60232 108127 WHEELCO INV314473 101-43125-230 168.70$ 23-Mar 3/3/2023 60233 108199 Voided Checks 60233 101-41430-317 -$ 23-Mar 3/3/2023 60233 108199 Voided Checks 60234 101-41430-317 -$ 23-Mar 3/3/2023 60233 108199 Voided Checks 60236 101-20200 -$ 23-Mar 3/3/2023 60234 Void Check -$ 23-Mar 3/3/2023 60235 Void Check -$ 23-Mar 3/3/2023 60236 108199 Voided Checks 60235 101-20200 -$ 23-Mar 3/3/2023 60237 108199 Voided Checks 60237 101-20200 -$ 23-Mar 3/2/2023 60238 104694 BADGER METER, INC 80119810 601-49430-300 54.29$ 23-Mar 3/2/2023 60239 108198 Folkerts, Micheal 3/1/2023 101-21712 108.38$ 23-Mar 3/2/2023 60240 108115 GOVHR USA, LLC 3-03-23-116 390-41430-300 7,359.66$ 23-Mar 3/2/2023 60241 76 GRANITE ELECTRONICS, INC 150012724-1 105-42250-220 77.58$ 23-Mar 3/2/2023 60241 76 GRANITE ELECTRONICS, INC 150012731-1 105-42250-220 45.00$ 23-Mar 3/2/2023 60242 108197 Kasowski, Tera 12/12/2022 105-42240-443 175.00$ 23-Mar 3/2/2023 60243 1 LEES ACE HARDWARE 2/28/2023 105-42270-210 78.98$ 23-Mar 3/9/2023 60244 Void Check -$ 23-Mar 3/9/2023 60245 Void Check -$ 23-Mar 3/9/2023 60246 Void Check -$ 23-Mar 3/9/2023 60247 Void Check -$ 23-Mar 3/9/2023 60248 Void Check -$ 23-Mar 3/9/2023 60249 Void Check -$ 23-Mar 3/9/2023 60250 Void Check -$ 23-Mar 3/9/2023 60251 Void Check -$ 23-Mar 3/9/2023 60252 Void Check -$ 23-Mar 3/9/2023 60253 Void Check -$ 23-Mar 3/9/2023 60254 Void Check -$ 23-Mar 3/9/2023 60255 Void Check -$ 23-Mar 3/9/2023 60256 Void Check -$ 23-Mar 3/9/2023 60257 Void Check -$ 23-Mar 3/9/2023 60258 Void Check -$ 23-Mar 3/9/2023 60259 Void Check -$ 23-Mar 3/9/2023 60260 Void Check -$ 23-Mar 3/9/2023 60261 38 AUTO VALUE PARTS STORES - WEST 7959417 101-45201-240 64.99$ 23-Mar 3/9/2023 60261 38 AUTO VALUE PARTS STORES - WEST 7960331 101-43125-230 349.00$ 23-Mar 3/9/2023 60261 38 AUTO VALUE PARTS STORES - WEST 7960332 101-43125-230 349.00$ 23-Mar 3/9/2023 60262 105401 BEST-WAY FABRICATING, INC.27387 601-49440-200 427.00$ 23-Mar 3/9/2023 60263 145 CENTRAL HYDRAULICS, INC 131424 101-43125-230 17.93$ 23-Mar 3/9/2023 60264 592 GALLS, INC 23695540 101-42120-171 4.93$ 23-Mar 3/9/2023 60265 108160 KINETIC 15618 390-45205-300 17,500.00$ 23-Mar 3/9/2023 60266 108200 Kluesner, Kevin 3/2/2023 390-45205-300 39.24$ 23-Mar 3/9/2023 60267 103251 KRIS ENGINEERING INC 37922 101-43125-210 2,064.24$ 23-Mar 3/9/2023 60267 103251 KRIS ENGINEERING INC 37946 101-43125-210 456.00$ 23-Mar 3/9/2023 60268 107502 LEXISNEXIS 1694850-20230228 101-42120-300 212.18$ 23-Mar 3/9/2023 60269 1616 MVTL LABORATORIES, INC 1187220 602-49480-312 142.26$ 23-Mar 3/9/2023 60270 106764 O REILLY AUTO PARTS 5771-286469 101-43125-230 21.12$ 23-Mar 3/9/2023 60271 106444 OPG-3, INC.6460 651-49490-215 12,382.00$ 23-Mar 3/9/2023 60272 105662 PRECISION CONCRETE CUTTING 1175 101-43120-220 2,389.00$ 23-Mar 3/9/2023 60273 357 RENGEL PRINTING, INC 155742 101-42120-350 186.47$ 23-Mar 3/9/2023 60274 105873 RIDGEWOOD CONTRACTING, LLC 2022.061A 101-45202-220 150.00$ 23-Mar 3/9/2023 60275 105615 SHIFT TECHNOLOGIES, INC.60947 101-41710-310 312.50$ 23-Mar 3/9/2023 60275 105615 SHIFT TECHNOLOGIES, INC.60957 101-41710-310 267.75$ 23-Mar 3/9/2023 60276 107773 STERICYCLE, INC.8003452079 101-41430-300 81.90$ 23-Mar 3/9/2023 60277 110 TIREMAXX SERVICE CENTERS 417481 101-43125-230 131.00$ 23-Mar 3/13/2023 60278 178 POSTMASTER 3/13/2023 603-43230-322 786.72$ 23-Mar 3/16/2023 60279 Void Check -$ 23-Mar 3/16/2023 60280 Void Check -$ 23-Mar 3/16/2023 60281 Void Check -$ 23-Mar 3/16/2023 60282 Void Check -$ 23-Mar 3/16/2023 60283 Void Check -$ 23-Mar 3/16/2023 60284 Void Check -$ 23-Mar 3/16/2023 60285 Void Check -$ 23-Mar 3/16/2023 60286 Void Check -$ 23-Mar 3/16/2023 60287 Void Check -$ 23-Mar 3/16/2023 60288 Void Check -$ 23-Mar 3/16/2023 60289 Void Check -$ 23-Mar 3/16/2023 60290 Void Check -$ 23-Mar 3/16/2023 60291 Void Check -$ 23-Mar 3/16/2023 60292 Void Check -$ 23-Mar 3/16/2023 60293 Void Check -$ 23-Mar 3/16/2023 60294 Void Check -$ 23-Mar 3/16/2023 60295 Void Check -$ 23-Mar 3/16/2023 60296 102106 ALL CARE TOWING, INC.23-18874 101-42120-436 125.00$ 23-Mar 3/16/2023 60297 1265 CINTAS CORPORATION NO. 2 FEB 23 STMT 101-41430-210 835.16$ 23-Mar 3/16/2023 60298 106836 COLLINS BROTHERS TOWING, INC.23-130837 101-42120-436 97.75$ 23-Mar 3/16/2023 60299 105961 FINKEN INC SO03286 101-41942-410 95.00$ 23-Mar 3/16/2023 60300 592 GALLS, INC 23600704 101-42120-171 794.44$ 23-Mar 3/16/2023 60301 95 GOPHER STATE ONE CALL 3020766 602-49490-319 4.05$ 23-Mar 3/16/2023 60302 106161 JACKS OIL DISTRIBUTING, INC.FEB 23 STMT 101-43125-235 2,499.50$ 23-Mar 3/16/2023 60303 105683 JOVANOVICH, DEGE & ATHMANN 25709 101-41130-304 2,382.50$ 23-Mar 3/16/2023 60304 15 LEAGUE OF MN CITIES 378642 101-41110-331 475.00$ 23-Mar 3/16/2023 60305 104814 MIKE SCHLANGEN CONSTRUCTION 1614 601-49440-520 85,650.00$ 23-Mar 3/16/2023 60306 460 MINNESOTA COMPUTER SYSTEMS,INC 366817 602-49450-200 60.00$ 23-Mar 3/16/2023 60307 357 RENGEL PRINTING, INC 155832 651-49490-200 693.57$ 23-Mar 3/16/2023 60308 13 REPUBLIC SERVICES 0891-001249239 603-43230-384 28,627.01$ 23-Mar 3/16/2023 60309 1255 SCHWEGEL COMMUNICATIONS INC 20843 101-41710-215 75.00$ 23-Mar 3/16/2023 60310 134 SECURITY LOCK TECHNOLOGIES 164041 602-49450-520 149.00$ 23-Mar 3/16/2023 60311 571 STEARNS COUNTY RECORDER 202300000000 101-41430-340 46.00$ 23-Mar 3/16/2023 60312 356 VIKING INDUSTRIAL CENTER, INC 3260177 602-49450-210 36.29$ 23-Mar 3/17/2023 60313 38 AUTO VALUE PARTS STORES - WEST 7960097 101-43125-230 349.00$ 23-Mar 3/17/2023 60314 107807 CENTRAL MOTORCAR SPECIALTIES 18702 101-43125-210 715.08$ 23-Mar 3/17/2023 60315 106918 DELAFOREST CONSULTING, LLC 3/15/2023 390-41430-300 4,000.00$ 23-Mar 3/17/2023 60316 108201 Digi-Key Electronics 96001490 101-43125-210 809.45$ 23-Mar 3/17/2023 60317 106971 EO JOHNSON BUSINESS TECH INV1299890 101-41710-215 385.00$ 23-Mar 3/17/2023 60318 104933 FLAHERTY & HOOD, P.A.19112 101-41610-304 656.25$ 23-Mar 3/17/2023 60319 103046 HEARTLAND DOOR SALES INC.32928 101-45201-220 195.00$ 23-Mar 3/17/2023 60320 103063 INSPECTRON INC 2023-525 101-42401-300 8,500.00$ 23-Mar 3/17/2023 60321 106764 O REILLY AUTO PARTS 5771-287595 101-42152-230 448.38$ 23-Mar 3/17/2023 60322 105615 SHIFT TECHNOLOGIES, INC.61020 101-41710-310 100.80$ 23-Mar 3/17/2023 60323 107028 SPECTRUM SUPPLY 28960 101-45202-210 104.43$ 23-Mar 3/17/2023 60324 6 ST. CLOUD TIMES 5389089 220-46500-328 119.81$ 23-Mar 3/17/2023 60325 107600 TOWMASTER 457764 101-43125-210 7.90$ 23-Mar 3/17/2023 60326 107296 FIRSTNET X03032023 105-42250-321 1,436.92$ 23-Mar 3/17/2023 60327 105417 MIDCONTINENT COMMUNICATIONS 16455700000000 602-49480-321 2,665.55$ 23-Mar 3/17/2023 60328 11 STEARNS ELECTRIC ASSOCIATION FEB 2023 STMT 602-49471-381 2,917.08$ 23-Mar 3/17/2023 60329 107340 THE BRIDGE-WORLD LANGUAGE CTR.16524 101-42120-300 856.00$ 23-Mar 3/17/2023 60330 100136 XCEL ENERGY 818029758 101-41430-317 19,943.55$ TOTAL 490,347.72$ Payroll $120,181.66 Accounts Payable EFTS $56,402.94 Payroll EFT $86,359.09 Check #s $227,404.03 STAFF MEMO Prepared by: Interim City Administrator Meeting Date: April 3, 2023 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4c Reviewed by: Interim Administrator Item: Consideration of extending fire protection contact between City of St Joseph and St Joseph Township to August 30th 2023 ACTION REQUESTED Motion to extend fire contact contract between City of St Joseph and St Joseph Township to August 30th 2023. BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA PREVIOUS COUNCIL ACTION In December 2022, City Council the fire protection service / Joint Board arrangement to March 30th 2023. Previously, the contract was extended from July 1, 2022 to December 31, 2022. REFERENCE AND BACKGROUND As you know, the governance model for providing fire protection service to St Joseph Township is shifting from a joint fire department model, to providing services via service contract with the operating a Fire Department as a department of the City. City Council is asked to consider extending the current agreement with St Joseph Township again. Although progress has been made on the new agreement, and it is relatively simple following the St Wendel Township model, a simple a six-month extension is suggested because the time will enable the new City Administrator to become familiar with his surroundings and provide time necessary to appraise equipment being transferred to the City. Although coming to agreement as to the value of the equipment is not a prerequisite of establishing the new contract, it would be preferred have agreement on equipment valuation at time of adoption. Doug Frederickson has indicated via email that he concurs with the proposal to extend the contract to August 30th 2023, BUDGET IMPACT NA STAFF RECOMMENDED ACTION Motion Consider amendment to fire contract extending it to August 30th, 2023, between the City of St. Joseph and St. Joseph Township for fire services. SUPPORTING DATA/ATTACHMENTS None Draft Amendment Extending Contract to August 30th, 2023 AMENDMENT TO FIRE CONTRACT CITY OF ST. JOSEPH AND TOWN OF ST. JOSEPH This Amendment is made and entered into by and between the City of St. Joseph, a Minnesota municipal corporation and the Town of St. Joseph, a political subdivision of Stearns County, Minnesota, sometimes referred to herein individual as “Party” or collectively as “Parties”. This Amendment shall be effective upon the approval and execution by all of the parties. RECITALS: A. The Parties entered into a Fire Contract dated November 14, 2016, which expired on July 1, 2022 (the “Contract”). B. The Parties approved an amendment to the Fire Contract, extending the contract date to December 31, 2022. C. The City of St. Joseph and Town of St. Wendel agreed to a Fire Service Contract through December 31, 2032 unless terminated earlier as provided for in the St. Wendel Township Fire Service Contract. D. The Parties approved a second amendment to the Fire Contract, extending the contract date to March 31, 2023. E. The City of St. Joseph and Town of St. Joseph have not finalized a contract for fire services and anticipate that the negotiation process will extend beyond March 31, 2023. F. The Parties are agreeable to a short-term extension of the Contract to allow time for that process in accordance with the terms set forth herein. NOW, THEREFORE, in consideration of the above Recitals, and the mutual covenants contained herein, the Parties agree as follows: 1. The Contract shall be extended to August 30, 2023. 2. The Parties shall negotiate in good faith during the time remaining under the Contract towards a mutually agreeable long-term extension or new contract. 3. All other terms of the Contract not expressly modified herein shall remain in full force and effect. 4. This Amendment has been duly authorized by each signing Party. IN WITNESS WHEREOF, the parties have executed this Amendment. CITY OF ST. JOSEPH By__________________________________ Dated: _____________________________ Rick Schultz, its Mayor By __________________________________ Jeff O’Neill, Interim City Administrator TOWN OF ST. JOSEPH By_______________________________ Dated: _____________________________ Doug Fredrickson , Board Chair By_______________________________ Ann Reischl, Town Clerk STAFF MEMO Prepared by: Ryan Wensmann Meeting Date: 4-3-23 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4d Reviewed by: Jeff O’Neill, Interim Admin. Item: Approval purchase of John Deere Mower ACTION REQUESTED Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the quote for new John Deere mower for the amount of $34,395.00. BOARD/COMMISSION/COMMITTEE RECOMMENDATION None PREVIOUS COUNCIL ACTION Council approved the 5-year capital equipment improvement plan replacing the 2015 John Deere front mount mower in 2023. REFERENCE AND BACKGROUND The John Deere mower is a piece of equipment that is used on a daily basis with snow removal, and lawn mowing. This is 2015 model with high hours and showing extreme ware on the tractor and attachments. This piece of equipment still holds value in trade-in and now is the perfect time to take advantage. This is state contract pricing for machine and attachments. BUDGET IMPACT This is a budgeted item $34,395.00 STAFF RECOMMENDED ACTION Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the quote for new John Deere mower for the amount of $34,395.00. SUPPORTING DATA/ATTACHMENTS Quotes for Purchase CIP PW-1415 STAFF MEMO Prepared by: Interim City Administrator Meeting Date: 4-3-23 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4e Reviewed by: Interim Administrator Item: Consideration of approval of the Pay Equity Implementation Report. ACTION REQUESTED Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. City Council is asked to consider approval of the Pay Equity Report prepared by Flaherty and Hood completed in compliance with Minnesota’s pay equity law. PREVIOUS COUNCIL ACTION NA REFERENCE AND BACKGROUND Minnesota’s pay equity law requires Minnesota local governments to “establish equitable compensation relationships” among its employees. The purpose of the law is “to eliminate sex- based salary disparities in public employment in this state.” The law requires Minnesota Management and Budget (MMB) to determine whether local governments have achieved pay equity based on implementation reports submitted to MMB by local governments. Flaherty Hood completed a job classification and compensation update for the City in 2022. Maintaining the City’s compliance with Minnesota’s pay equity law was a focus of such study. After the completion of the study, Flaherty & Hood, P.A. prepared and provided to the City’s management a completed Pay Equity Implementation Report which is attached hereto along with other documents. The City’s implementation completed by Flaherty Hood, reveals the achievement of pay equity compliance based on the City’s base pay ranges and Flaherty & Hood Job Evaluation System (FHJES) job evaluation points initially established in 2020 as part of the firm’s initial study for the City. Once approved by the City Council and signed by the Mayor, the completed report will be sent to the State off of Management and Budget. Thereafter, it is expected that MMB will notify the City of its compliance with the pay equity law. The City was required to submit the report by January 31, 2023 to MMB. The report was complete in 2022 and set to go but not submitted to the City Council for approval due to a Flaherty Hood miscommunication on process. Consequently, MMB submitted a “First Notice of Non-Compliance” to the City on March 14, 2023 specifying that it was required by law to submit a report establishing it is compliant with the pay equity requirements, but it did not, and it must do so by no later than June 12, 2023. Embarrassment for missing the deadline is the sanction associated with the First Notice of Non-Compliance. Once approved by the City Council and then approved by the MMB, availability of the report will be public and posted with copies made for the union representatives. BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA BUDGET IMPACT NA STAFF RECOMMENDED ACTION Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the Pay Equity Report by Flaherty and Hood completed in compliance with Minnesota’s pay equity law. Motion to include granting authorization to Mayor to sign the report and direct staff to send the document to the MMB accordingly. SUPPORTING DATA/ATTACHMENTS Memorandum from Flaherty Hood and associated compliance report provided to City Council under as private data under Attorney Client Privilege. STAFF MEMO Prepared by: Kayla Klein, City Clerk Meeting Date: 4-3-23 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4f Reviewed by: Jeff O’Neill, Interim Admin. Item: 3.2 On-Sale Liquor License approval for St. Joseph Baseball Team ACTION REQUESTED Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the 3.2 On-Sale Liquor License for St. Joseph Baseball team. BOARD/COMMISSION/COMMITTEE RECOMMENDATION None PREVIOUS COUNCIL ACTION: Council approved the license last year without incident. REFERENCE AND BACKGROUND An application for 3.2 on-sale liquor license was received from Pat Schneider on behalf of the St. Joseph Baseball Team, Inc. The license will be effective from May 1, 2023 – August 1, 2023. The applicant has provided all the necessary paperwork and has the City as an additional insured on their liquor insurance. The license will allow for the team to sell 3.2 liquor at the town ball games. BUDGET IMPACT NA STAFF RECOMMENDED ACTION Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the 3.2 On-Sale Liquor License for St. Joseph Baseball team. SUPPORTING DATA/ATTACHMENTS License Application/Insurance Info Licensee's MN Tax ID# Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 445 Minnesota Street, Suite 1600, St. Paul, MN 55101 Telephone 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License, 3.2% Liquor license, or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor License_________________ License Period From:_____________ To:______________ Circle One: New License License Transfer_______________________ Suspension Revocation Cancel _______________ (former licensee name)(Give dates) License type: (check all that apply) On Sale Intoxicating Sunday Liquor 3.2% On sale 3.2% Off Sale (corporation, partnership, LLC, or Individual) Licensee Name:____________________________________ DOB__ __ Social Security #_ _____________ Fee(s): On Sale License fee:$________ Sunday License fee: $________ 3.2% On Sale fee: $_______3.2% Off Sale fee: $______ Zip Code________ County__________ Business Phone_____________________ Home Phone__________________________ Licensee’s Federal Tax ID #____________________________ (To apply call IRS 800-829-4933) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: ON SALE INTOXICATING LIQUOR LICENSEES ONLY, must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-201-7507, or visit our website at https://dps.mn.gov/ divisions/age/Pages/default.aspx (title) Date_____________________ City Clerk or County Auditor Signature_______________________________________ I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county. Workers Compensation Insurance Company Name:___________________________ Policy #___________________________ Workers Compensation Insurance is also required by all licensees: Please complete the following: Yes No During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Business Trade Name____________________________ Business Address______________________ City_________________ Home Address________________________ City________________________ St. Joseph May 1, 2023 Aug. 1, 2023 50.00 St. Joseph Baseball Team, Inc 56374 Stearns 320-309-2791 41-1589683 Pat Schneider 8889 Crestview Dr. St. Joseph, MN 56374 28 3rd Ave NW St. Joseph 8889 Crestview Dr St. Joseph Ce STAFF MEMO Prepared by: Ryan Wensmann Meeting Date: 4-3-23 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4g Reviewed by: Jeff O’Neill, Interim Admin. Item: Approve purchase of a Skid Loader in the amount of $39,272.00 ACTION REQUESTED Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the purchase of a New Holland skid loader for the amount of $39,272.00 BOARD/COMMISSION/COMMITTEE RECOMMENDATION None PREVIOUS COUNCIL ACTION Council approved the 5-year capital equipment improvement plan replacing the 2008 New Holland skid loader in 2023. REFERENCE AND BACKGROUND The New Holland Skid loader is a piece of equipment that is used on a daily basis with snow removal, street and parks projects. This is 2008 model with high hours and showing extreme ware on hydraulic hoses, pump, chassis, and has a main seal oil leak on the engine. Pallet forks and broom are in great condition and looking at just replacing the skid loader only for $37,200.00 plus $2072.00 for the upgraded street tires, his is a state contracted price. BUDGET IMPACT This is a budgeted item $39,272.00 STAFF RECOMMENDED ACTION Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the purchase of a New Holland skid loader for the amount of $39,272.00 SUPPORTING DATA/ATTACHMENTS Quote CIP PW-1409 STAFF MEMO Prepared by: Ryan Wensmann / Rhonda Juell Meeting Date: 4-3-23 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4h Reviewed by: Jeff O’Neill Interim Admin. Item: Award quote for dugouts at Millstream Park ACTION REQUESTED Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the quote for new concrete dugouts for the east field in Millstream Park to Simmons Construction for the amount of$17,160.00. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Park board recommends approving this project and funding with left over funds from the Klinefelter bathroom project. PREVIOUS COUNCIL ACTION Council recommended fixing up the east field in the Millstream softball park. REFERENCE AND BACKGROUND Rhonda has done an exceptional job revitalizing the youth programs within the community to include boys T-ball/Baseball and girls’ softball at the Millstream softball park. Millstream has been a long-time topic for the park board and council on what the future looks for this park. It was recommended by both boards that we look into fixing up the east field and get it back to standards for the success of the youth programs. BUDGET IMPACT Utilize $17,160.00 from the Klinefelter bathroom project funds that are remaining. STAFF RECOMMENDED ACTION Motion to approve the consent agenda will automatically approve this item. If pulled, then the following motion would be requested. Motion to approve the quote for new concrete dugouts for the east field in Millstream Park to Simmons Construction for the amount of $17,160.00. SUPPORTING DATA/ATTACHMENTS Simmons Construction Quote Schlangen Quote STAFF MEMO Prepared by: Interim City Administrator Meeting Date: 04/03/2023 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 5 Reviewed by: Interim Administrator Item: Consideration of Approving AFSCME Agreement and Memorandum of Understanding for 2023-2025 ACTION REQUESTED Motion Adopting Resolution Approving AFSCME Agreement and Memorandum of Understanding for 2023-2025 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Negotiations team worked with Union Representatives in establishing terms which were subsequently approved by union membership. PREVIOUS COUNCIL ACTION The pay scale proposed for AFSCME mirrors the recently approved LELS agreement as summarized below: 2022 Base pay scale to be adjusted for 2023 as follows. • Drop two steps and add one step – go from 8 to 7 step • Shift the entire scale up 4% to equalize for 2022 • Additional 3% Jan 1 2023 to keep pace for 2023 • Future adjustments - 2024 3%, 2025 3%, notwithstanding non-union base pay. REFERENCE AND BACKGROUND In accordance with general direction by the City Council, the negotiations team consisting of Bob Loso, Kelly Beniek, Jeff O’Neill, Lori Bartlett and Brandon Fitzsimmons, with Bob Loso absent, conducted negotiations with AFSCME and Union representatives and requests City Council consideration of approval of the agreement and memorandum of understanding as submitted. If approved by the City Council, it is proposed that back pay be provided to January 1, 2023. No pay increase with the compensation study will be paid for 2022. As requested by the City Council, the negotiations team accepted the signed contract, reviewed the agreement and is satisfied that the contract is consistent with the tentative agreement. Therefore, the negotiations team recommend that the signed agreement be adopted by the City Council. In addition, the negotiations team learned about the side effect on the union wage expectations in 2024 and 2025 resulting from City Council not shifting non-union base pay and reiterated the intent to increase union base pay 3% in 2024 and 3% in 2025 in accordance with the compensation study and good faith negotiations. According to union representatives, this understanding was shared at the time of the vote. BUDGET IMPACT As noted and accounted for in the 2023 budget process, the overall cost of implementation of the compensation study, which includes compensation for all employees is $1,310,694. The AFSCME employee wages adjustments are included in this amount. STAFF RECOMMENDED ACTION Motion approving Resolution 2023-015 Approving Labor Agreement and Memorandum of Understanding between the City of St. Joseph and (AFSCME). SUPPORTING DATA/ATTACHMENTS Resolution 2023-015 Signed Agreement and Memorandum of Understanding CITY OF ST. JOSEPH RESOLUTION 2023-015 APPROVING LABOR AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ST. JOSEPH AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 65 WHEREAS, AFSCME is the exclusive representative for certain City of St. Joseph employees; and WHEREAS, the current labor agreement between the City of St. Joseph and AFSCME expired on December 31, 2022; WHEREAS, the City of St. Joseph and AFSCME met and negotiated over the terms of the new labor agreement between the parties; WHEREAS, the parties reached a tentative agreement of the terms of the new labor agreement, along with a memorandum of understanding (MOU); and WHEREAS, the Public Employment Relations Act requires that the City of St. Joseph execute a labor agreement and any MOU and implement it in the form of a resolution. WHEREAS, under the tentative agreement on which the union voted, a 3% increase in 2024 and 3% in 2025 was intended. NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS: 1. The Labor Agreement between the City of St. Joseph and AFSCME for January 1, 2023 through December 31, 2025 is approved. 2. The MOU between the City of St. Joseph and AFSCME is approved. 3. The City of St. Joseph’s Mayor and City Administrator shall execute the agreement and MOU. 4. The City of St. Joseph shall implement the agreement and MOU. 5. Notwithstanding language in signed agreement linking AFSCME base pay to non-union base pay, AFSCME base pay scales to be adjusted 3% for both 2024 and 2025. 6. Back pay to January 1, 2023 to be provided. PASSED by the City of St. Joseph’s City Council on this ____ day of _______, ________. ATTEST Interim City Administrator City Mayor STAFF MEMO Prepared by: Legal/Admin Meeting Date: 4-3-23 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 6 Reviewed by: Interim Administrator Item: Consideration of approval of Ordinance 1014 Excessive Service Calls and approval of amendments to Section 505.12 Penalty, Violations and Termination of Rental License ACTION REQUESTED Motion to approve Ordinance 2023-002 Establishing Ordinance 1014 Excessive Service Calls. Motion to approve Ordinance 2023-003 Amending Ordinance 505, Section 505.12 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 draft ordinance was reviewed at the March 6th Council meeting and the council directed legal to remove the language where a warning would be issued. Changes were also made in regards to the charges for police/city response. The initial draft had a minimum of $250 and a maximum of $2500. The maximum amount has been removed and the property owners will be charged at cost. 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. 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 act 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. 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 Motion to adopt Ordinance 2023-002 Establishing Ordinance 1014 Excessive Nuisance Calls Motion to approve Ordinance 2023-003 Amending Ordinance 505, Section 505.12 Direct staff to correct typographical errors in Sections 1002 and 1011. SUPPORTING DATA/ATTACHMENTS Ordinance 2023-002 Ordinance 2023-003 1014-1 ORDINANCE 2023-002 AN ORDINANCE ESTABLISHING ORDINANCE 1014 EXCESSIVE NUISANCE SERVICE CALLS IT IS HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF ST. JOSEPH MINNESOTA: That Ordinance 1014 is hereby established and adopted as follows: ______________________________________________________________________________________________________________________________________________________________ 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. 1014-2 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. 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 based upon the actual cost of law enforcement or other public officer response as determined by the City fee schedule 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. The City Administrator shall provide written notice to the property owner and/occupant that the Nuisance Service Call fee is being imposed. The written notice shall: (1) State the time, date and nature of the Verified Incident; and (2) 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. 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 1014-3 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 Council 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. Passed by the City Council of St. Joseph, Minnesota this 3rd day of April, 2023. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST Jeff O’Neill, Interim City Administrator RESOLUTION 2023-016 DIRECTING SUMMARY PUBLICATION OF ORDINANCE 2023-002 ESTABLISHING ORDINANCE 1014 EXCESSIVE SERVICE CALLS The following official summary of the ordinance referred to has been approved by the City Council of the City of St. Joseph as clearly informing the public of the intent and effect of the ordinance. AN ORDINANCE ESTABLISHING REGULATIONS AND FEES TO ADDRESS PROPERTIES GENERATING EXCESSIVE SERVICE CALLS. 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. A copy of the entire ordinance is available for inspection by any person at the office of City Clerk, Monday through Friday between the hours of 8AM – 4:30PM or on the City’s website at www.cityofstjoseph.com. Passed by the St. Joseph City Council this 3rd day of April, 2023. Rick Schultz, Mayor ATTEST Jeff O’Neill, Interim City 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 STAFF MEMO Prepared by: Randy Sabart Meeting Date: 4-3-23 ☐Consent Agenda Item ☒Regular Agenda Item Agenda Item # 7 Reviewed by: Jeff O’Neill, Interim Admin. Item: 2023/2024 Street Improvements Feasibility Report ACTION REQUESTED Motion to approve Resolution 2023-014 Receiving Report and Calling for Improvement Hearing BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA PREVIOUS COUNCIL ACTION Ordered preparation of feasibility reports for 2023 Street Improvements and 2024 Elm Street Improvements. REFERENCE AND BACKGROUND The City’s 2019 Pavement Maintenance Plan identifies scheduled bituminous surfacing improvements for 2023 on several neighborhood streets within parts of the Northland Plat 4 and 5 Additions, Losos 2nd, 4th, and 5th Additions, and the St. Joseph Additions. The feasibility report addresses proposed sanitary sewer and bituminous surfacing improvements to Block 11 in the St. Joseph Addition as requested by the Council, and storm sewer and bituminous surfacing improvements along parts of 13th Ave NE and Iris Ln to improve pavement damage from frost heave in the Northland Heights subdivision. Stearns County has proposed reconstruction and expansion improvements to CSAH 133 between CSAH 75 and 15th Ave in 2024. The City’s 2012 Transportation Plan identifies development of a planned collector street at Elm St between Northland Dr and CR 133. As such, the feasibility report addresses both pending bituminous street resurfacing improvements to the existing segments of Elm St together with the proposed construction of a new street connection between the two street segments and in the vicinity of the new StorageLink development. BUDGET IMPACT STAFF RECOMMENDED ACTION Motion to approve Resolution 2023-014 Receiving Report and Calling for Improvement Hearing SUPPORTING DATA/ATTACHMENTS Feasibility Report Resolution 2023-014 Receiving Report and Calling for Improvement Hearing RESOLUTION 2023-014 RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENTS 2023 Street and 2024 Elm Street East Improvements WHEREAS, pursuant to approval by the City Council on December 5, 2022, the Council ordered the preparation of a feasibility report, for the 2023 Street Improvements which includes street resurfacing and sidewalk improvements in the Northland Plat 4 and Plat 5 neighborhood (7th Avenue Northeast, Gumtree Street East, Gumtree Court, Fir Street E, and parts of Northland Drive and 5th Avenue Northeast); resurfacing improvements in parts of the Loso’s 2nd, 4th, and 5th Additions, Peter Loso’s Addition and St. Joseph Subdivisions (Ash Street East between College Ave and 3rd Ave NE), part of 2nd Avenue Northeast north of Ash St); street construction in the Northland Business Center 2nd Addition (Fir Street East extension to 24th Avenue Northeast); alley resurfacing and sanitary sewer reconstruction at Block 11 in the St. Joseph subdivision; and storm sewer and pavement reconstruction in Northland Heights (parts of 13th Avenue Northeast, between Iris Lane and Jasmine Lane, and on Iris Lane East approximately 200 feet on each side of the 13th Ave intersection), and for the 2024 Elm Street Improvements which includes street resurfacing, urban street construction, drainage and stormwater management, lighting, and turf establishment improvements on Elm Streets and 8th Ave NE between Northland Dr, County Road 133, and County State Aid Highway 75 and to assess the benefitted property for a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429. The report has been prepared by City Engineer, Randy Sabart, of SEH, Inc.; and WHEREAS, the report was received by the City Council on April 3, 2023; and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost- effective, and feasible, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. The City Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of $3,133,900.00. 2. A public hearing shall be held on such proposed improvements on the 17th day of April, 2023, at the St. Joseph Government Center at 6:00 PM and the clerk shall give mailed and published notice of such hearing and improvement as required by law. ADOPTED by the City Council this 3rd day of April, 2023. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST Jeff O’Neill, Interim City Administrator STAFF MEMO Prepared by: Police Chief Meeting Date: 04/03/2023 ☐Consent Agenda Item ☒Regular Agenda Item Agenda Item # Reviewed by: Interim Administrator Item: Police Body Camera Policy ACTION REQUESTED Approve Police Body Camera Policy. BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA PREVIOUS COUNCIL ACTION In May of 2020, the council approved the Police Chief to apply for body camera grant. Council received the draft policy at the February 6th meeting and it was determined that the policy should be reviewed by the City Attorneys. REFERENCE AND BACKGROUND After being authorized by the city council to apply for a body camera grant, the City of St. Joseph was successful in obtaining a 1:1 matching grant for the implementation of the police body camera program. The grant was accepted. The policy was developed using the SRT (Small Rural and Tribal) Policy Wizard. We also looked at area cities of Sauk Centre, Melrose, Waite Park, and Sauk Rapids to come up with the policy. The policy was submitted to the grant coordinators on July 28th, 2022. We just received an email at the end of January the policy has met their standards. BUDGET IMPACT None STAFF RECOMMENDED ACTION Approve Policy as submitted by Police Chief. SUPPORTING DATA/ATTACHMENTS Body Camera Policy 8