HomeMy WebLinkAbout04.17.23CITY 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 17, 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
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1.6:00 PM Call to order - Pledge of Allegiance
2.Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address
the council with questions/concerns/comments (regarding an item NOT on the agenda). No
Council response or action will be given/taken other than possible referral to Administration.
3.Approve Agenda
4.Consent Agenda
a.Minutes – Requested Action: Approve the minutes of April 3, 2023.
b.Bills Payable – Requested Action: Approve Check Numbers 060331-060433, Account
Payable & Payroll EFT #3008-3019; Regular Pay Period 7 & Retro Pay.
c.Donations – Requested Action: Accept the Donations as presented.
d.Financial Reports – Requested Action: Accept the January & February 2023 reports as
presented.
e.2023 Compost Site Agreement – Requested Action: Approve the 2023 Compost Site
Agreement as presented.
f.Performance Measures Survey Results – Requested Action: Adopt Resolution 2023-018
Accepting St. Joseph’s Performance Measures Results and Reporting Results to the
State Auditor.
g.Grant Acceptance – Requested Action: Accept the MN Twins Youth Coaching Grant for
$2000 and the MN Twins Fields for Kids Grant for $8000.
h.Hollow Park Playground Equipment – Requested Action: Approve the purchase of new
playground equipment for Hollow Park and moving $14,783.23 of undesignated park
funds for a total of $36,783.23.
i.Millstream In-fields – Requested Action: Approve the quote for in-field work on the east
field in Millstream Park to Pete Schleper for $5,040.00.
j.Call for Special Meeting, All City/Board Meeting – Requested Action: Call for a special
meeting known as the All City/Board meeting on April 25th at 5PM.
5.Public Hearing – Consideration of Approval of a Special Event Permit – La Playette Bar
6.Public Hearing – Consideration of Approval of a Special Event Permit – Sal’s Bar & Grill
7.Public Hearing – Improvement Hearing for the 2023 Street Improvements/2024 Elm Street
East Improvements
8.Consideration of Approval of Operation Agreement between the City of St. Joseph and the St.
Cloud Area YMCA
9.Engineer Reports
10.Department Reports
a.Administration
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
b.Community Development
c.Finance
d.Fire
e.Public Works
f.Police
g. Recreation
11.Mayor and Council Reports and Miscellaneous Business
12. Adjourn
April 3rd , 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, April 3rd, 2023, at 6:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Bob Loso, Kelly Beniek
Absent: Councilmember Adam Scepaniak
City Representatives Present: Interim City Administrator Jeff O’Neill, Finance Director Lori Bartlett, Public
Works Director Ryan Wensmann, City Clerk Kayla Klein, Police Chief Dwight Pfannenstein, City
Engineers Randy Sabart and Bryce Johnson, City Attorney Sue Dege
Public Comments: None.
Approve Agenda: Mayor Schultz asked to move item six to the number five as the City Attorney has
another engagement to attend.
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 items a - e and g; seconded
by Schultz and passed unanimously by those present.
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.
Schultz asked Staff if the City provided insurance in 2022 when the St. Joseph Baseball team’s 3.2 On-
Sale Liquor License was approved.
Dege explained that the City is listed as an additional insured on their policy. In the event of a claim, their
insurance policy would defend the City.
Kluesner asked Staff for clarification regarding the bids that were submitted for the dugouts at Millstream
Park.
Wensmann shared the Simmons bid includes only the concrete portion of the dugouts. The Schlangen
Construction Co, Inc. bid includes building the entire dugouts. Wensmann explained he and the
Recreation Director are seeking the approval of the Simmons bid which came in at $17,160. The City has
those funds left over from the Klinefelter Park bathroom addition. The Recreation Director will seek
outside funding for the remaining portion of the dugouts. At this time, the goal is to get the concrete
portion of the dugouts built as the recreations departments youth summer ball programs will begin soon.
April 3rd , 2023
Page 2 of 4
Kluesner made a motion to approve the 3.2 On-Sale Liquor License for St. Joseph Baseball team
and the quote for the new concrete dugouts for the east field in Millstream Park to Simmons
Construction for $17,160.00; seconded by Loso and passed unanimously.
Consideration of approval of Ordinance 1014 Excessive Service Calls and approval of amendments to
Section 505.12 Penalty, Violations and Termination of Rental License: Dege explained the changes made
to the ordinances referenced above after receiving direction from Council at the March 6th City Council
meeting.
Beniek make a motion to adopt Ordinance 2023-002 Establishing Ordinance 1014 Excessive
Nuisance Calls and Ordinance 2023-003 Amending Ordinance 505, Section 505.12; seconded by
Kluesner and passed unanimously.
Kluesner moved to approve Resolution 2023-016 Directing Summary Publication of Ordinance
2023-002 Establishing Ordinance 1014 Excessive Service Calls; seconded by Loso and passed
unanimously.
Consideration of adoption of Resolution 2023-015 Approving Agreement memorandum of Understanding
for 2023-2025 between the City of St. Joseph and American Federation of State, County, and Municipal
Employees (AFSCME) Council 65: O’Neill shared the Council is asked to consider approving the
AFSCME contract. The contract has been signed. The proposed pay scale for AFSCME mirrors the
recently approved LELS agreement as follows:
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
Back pay will be provided to January 1, 2023. No pay increase with the compensation study will be paid
for 2022.
Kluesner moved to approve Resolution 2023-015 Approving Labor Agreement and Memorandum
of Understanding between the City of St. Joseph and (AFSCME); seconded by Beniek and passed
unanimously.
Consideration of approval of Resolution 2023-014 Accepting the Report and Calling for Hearing on
Improvements for the 2023 and 2024 street Improvements: Sabart and Johnson presented the findings of
the Feasibility Report for the 2023 Street Improvements and 2024 Elm Street Improvements. The 2023
street improvements include portions of Iris Lane NE, 13th Avenue NE, 5th Avenue NE, 7th Avenue NE, Fir
Street E, Gumtree Street E, Gumtree Court, Northland Drive, Ash Street E, 2nd Avenue NE, Block 11 Alley
Ways and Fir Street E. The 2024 Street Improvements consist of Elm Street E & 8th Ave NE. The
improvements overlays, curb, and gutter, reconstructing sanitary sewer main, and new street
construction. The estimated cost of the projects is $3,133,900.00 with a portion funded through special
assessments. The proposed improvements hearing date is April 17th, 2023, at St. Joseph Government
Center at 6:00PM.
Kluesner moved to approve Resolution 2023-014 Receiving Report and Calling for Improvement
Hearing; seconded by Schultz and approved unanimously.
Consideration of adoption of Body Camera Policy: Pfannenstein reminded Council that the policy has
been modeled after surrounding area police departments. The City’s legal team has looked at the policy
from a civil attorney’s point of view and a prosecuting attorney’s point of view and have no issues.
Beniek made a motion to Approve Police Body Camera Policy; seconded by Kluesner and passed
unanimously.
Engineer Reports: None.
Administrator Reports:
April 3rd , 2023
Page 3 of 4
• Community Center/YMCA Discussion – O’Neill shared the recent scheduled workshop was
cancelled due to a lack of quorum. Since time is of the essence with this project O’Neill shared,
Staff will proceed to work with YMCA on finalizing an operations agreement covering operation of
the full build facility (Est $143M) Campaign effort. O’Neill shared the immediate goal will be for
Staff to bring an agreement for adoption at the next City Council meeting. After discussion with
Dege, O’Neill believes this timeline is possible.
• The sales tax initiative missed the deadline, but our lobbyist has noted that it can be inserted as
an amendment – O’Neill shared the one-half cent sale tax initiative is active and currently
included in the Senate Bill. O’Neill thanked Senator Putnam for sponsoring the bill and the
amendment that pulled out the Public Safety Facility and the Regional trails projects from the
original request. O’Neill reminded the Council the current proposal includes $11M for phase II of
the Community Center and $6M for Regional Parks – East Park and Millstream.
O’Neill informed the Council that the LMC reported the House will not be hearing any of the local
sales tax proposals introduced this year. It has been noted in the Omnibus Bill it could come back
and settle without the house review. The house and senate need to get together on the bill and it
is possible the house will get bypassed in the process.
• SF 1806, St. Joseph Sewer Main Bond Bill – O’Neill shared the bonding bill may not occur this
session; the bonding bill was voted down. A separate Capital Bill using cash is moving forward.
O’Neill is hopeful Senator Putnam will be successful in adding the St. Joseph Sewer Main project
(Gateway Lift Station) into the bill.
• Congressional Directed Spending Opportunity – Applications submitted as requested by the City
Council – O’Neill informed the Council Staff was successful in meeting the deadline to apply for
funds to support construction of the Community Center. A $7M request was submitted to Senator
Klobuchar and Senator Smith. A second application was submitted to Tom Emmer’s office for
funding of the Gateway lift station and sanitary sewer project. O’Neill thanked Keller, Klein,
Bartlett, Sabart and the SEH staff for their efforts in completing competitive and well-articulated
applications within the deadline. Funding awards will be announced October 2023.
• Community Development Department Coverage Update – O’Neill shared Staff has prepared a
plan to distribute duties while Community Development Director Keller is out on leave. City Clerk
Kayla Klein will accept inquires, evaluate them, and distribute those inquires accordingly. Some
requests may need to be compiled and provided to SEH planners for response. Formal land use
applications will be handled by SEH planners who will be available for assisting the Planning
Commission and Council. The EDA may need to postpone one or two meetings during this time.
Staff is confident they will be able to assist residents in a timely manner.
• David Murph’s Orientation – O’Neill shared his last day is April 4th and David Murphy’s first day is
April 24th. O’Neill is confident after conversations with Murphy and a highly experienced staff the
transition will go smoothly. As occurred under O’Neill’s tenure the weekly leadership meetings will
continue with Klein preparing the agenda and tracking follow up. O’Neill compiled a list of items
for Murphy as part of his orientation.
• Farewell to a wonderful Mayor, City Council and Crew – O’Neill thanked the Council for the
wonderful experience working with St. Joseph. He shared those that he has met in St. Joseph
have expressed a positive and wonderful sense of pride and rightly so. O’Neill shared optimism
for the future was a common chord as well as a shared vision as to what St. Joseph should
become among those he met while here. O’Neill expressed his best wishes on continued efforts
meeting challenges and seizing opportunities for the betterment of St. Joseph.
Council expressed their gratitude and thanked O’Neill for the efforts he made while serving as the
Interim City Administrator.
April 3rd , 2023
Page 4 of 4
Mayor and Council Reports and Miscellaneous Business: Shultz shared he and Councilmember Beniek
were invited to a strategic planning meeting which also involved a Q & A held at CSB/SJU. Schultz and
Beniek felt the joint session was refreshing and look forward to what may come out of the meeting.
Adjourn: Loso made a motion o adjourn at 7:50PM; seconded by Kluesner and passed
unanimously.
Kayla Klein
City Clerk
4b
GL Check Check Vendor Invoice Invoice Check
Period Issue Date Number Number Payee Number GL Account Amount
23-Mar 3/20/2023 2151 106422 KWIK TRIP FEB 23 STMT - PD, PW & FIRE 602-49450-205 $2,789.27
23-Mar 3/31/2023 2154 897 MN DEPARTMENT OF REVENUE 23-Feb 101-45202-441 $2,635.00
23-Mar 3/24/2023 3001 107770 CIRCLE K FLEET - HOLIDAY Feb 23 STMT 101-41430-317 $1,353.10
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-Apr 4/7/2023 3008 106468 AMERICAN FUNDS PR0331231 101-21705 $150.00
23-Apr 4/7/2023 3009 1224 EFTPS PR0331231 101-21703 $18,244.52
Total 3009:18,244.52
23-Apr 4/7/2023 3010 897 MN DEPARTMENT OF REVENUE PR0331231 101-21702 $3,836.56
23-Apr 4/7/2023 3011 63 PERA PR0331231 101-21704 $17,593.61
23-Apr 4/7/2023 3012 105209 SENTRY BANK PR0331231 101-21715 $6,561.91
23-Apr 4/7/2023 3013 106189 VOYA FINANCIAL PR0331231 101-21705 $4,887.63
23-Apr 4/12/2023 3014 1224 EFTPS PR0402231 101-21703 $4,457.76
23-Apr 4/12/2023 3015 897 MN DEPARTMENT OF REVENUE PR0402231 101-21702 $675.29
23-Apr 4/12/2023 3016 1349 NCPERS GROUP LIFE INSURANCE 7.35E+11 101-21711 $57.00
23-Apr 4/12/2023 3017 106563 PAYMENT SERVICE NETWORK 274761 101-41530-300 $199.50
23-Apr 4/12/2023 3017 106563 PAYMENT SERVICE NETWORK 274781 101-41530-300 $1.65
23-Apr 4/12/2023 3018 63 PERA PR0402231 101-21704 $2,433.72
23-Apr 4/12/2023 3019 105209 SENTRY BANK PR0402231 101-21715 $300.00
23-Mar 3/31/2023 60331 160 CITY OF ST. CLOUD AR027935 602-49480-602 $64,859.75
Total 60331:64,859.75
23-Mar 3/31/2023 60332 102941 COALITION OF GREATER MN CITIES 03.21.23 101-41310-331 $170.00
23-Mar 3/31/2023 60333 106407 COMPASS MINERALS 1151042 101-43125-210 $9,143.13
23-Mar 3/31/2023 60334 102901 CORE & MAIN LP S441950 601-49430-210 $308.70
23-Mar 3/31/2023 60335 108202 Dynamic Bicycles, Inc.6629-DYN 101-45204-220 $192.00
23-Mar 3/31/2023 60336 106971 EO JOHNSON BUSINESS TECH INV1265653 101-41710-310 $385.00
23-Mar 3/31/2023 60337 107141 Fleet Services 2023060026, 2023030026 101-42152-414 $349.58
23-Mar 3/31/2023 60338 529 GOODIN COMPANY 05339118-00 601-49421-220 $212.02
23-Mar 3/31/2023 60339 103046 HEARTLAND DOOR SALES INC.32900 101-43201-220 $70.00
23-Mar 3/31/2023 60340 104974 KREMER, ANDREW 03.11.23 101-21712 $97.60
23-Mar 3/31/2023 60341 15 LEAGUE OF MN CITIES 379502 101-41110-331 $650.00
23-Mar 3/31/2023 60342 554 LITTLE FALLS MACHINE, INC 367639 101-43125-230 $195.31
Total 60342:195.31
23-Mar 3/31/2023 60343 105921 MARCO, INC 496882762 101-41430-210 $428.38
23-Mar 3/31/2023 60344 107058 METERING & TECHNOLOGY SOLUTION INV1929 601-49430-300 $3,600.00
23-Mar 3/31/2023 60345 96 METRO PLUMBING & HEATING, INC 13191 601-49420-220 $1,576.33
23-Mar 3/31/2023 60346 1823 MN CHIEFS OF POLICE ASSOCATION 14363 101-42140-331 $1,050.00
23-Mar 3/31/2023 60346 1823 MN CHIEFS OF POLICE ASSOCATION 14374 101-42120-200 $67.00
23-Mar 3/31/2023 60347 1616 MVTL LABORATORIES, INC 1189921 602-49480-312 $512.60
23-Mar 3/31/2023 60348 102301 OFFICE DEPOT Feb 23 STMT 101-41430-317 $369.20
23-Mar 3/31/2023 60349 357 RENGEL PRINTING, INC 156444 101-42120-350 $35.00
23-Mar 3/31/2023 60350 104606 SCHMIDT, RONALD 03.14.23 101-21712 $135.32
23-Mar 3/31/2023 60351 48 SEH, INC 442756, 442761, 442751, 442762 101-43131-303 $34,436.33
23-Mar 3/31/2023 60352 105615 SHIFT TECHNOLOGIES, INC.61065 101-41710-310 $2,963.80
23-Mar 3/31/2023 60353 103423 STEARNS COUNTY AUDITOR-TREASUR 2023-00000066 101-41530-300 $1,126.00
23-Mar 3/31/2023 60353 103423 STEARNS COUNTY AUDITOR-TREASUR 23 Prop Tax 84.53360.0008 101-43120-437 $512.00
23-Mar 3/31/2023 60353 103423 STEARNS COUNTY AUDITOR-TREASUR 84.53583.0000 601-49440-437 $634.00
23-Mar 3/31/2023 60354 2022 UNUM LIFE INSURANCE 23-Apr 101-21713 $1,934.21
23-Apr 4/5/2023 60355 106494 BRUNO PRESS 2 220-46500-300 $750.00
23-Apr 4/5/2023 60356 108162 FARRELL EQUIPMENT & SUPPLY CO. INC.13437 601-49421-214 $412.96
23-Apr 4/5/2023 60357 105537 MIDWEST MACHINERY CO.9471677 101-43125-230 $585.22
23-Apr 4/5/2023 60358 108072 MOMENTUM TRUCK GROUP X194148266:01 101-43125-230 $224.88
23-Apr 4/5/2023 60359 106764 O REILLY AUTO PARTS 5771-288594 101-43201-210 $3.94
23-Apr 4/5/2023 60359 106764 O REILLY AUTO PARTS 5771-288630 602-49450-230 $9.00
23-Apr 4/5/2023 60359 106764 O REILLY AUTO PARTS 5771-288726 101-42152-230 $11.89
23-Apr 4/5/2023 60360 102940 OXYGEN SERVICE CENTER, INC.0001021850 Contract 101-43201-210 $152.00
23-Apr 4/5/2023 60361 108095 SNAP-ON INDUSTRIAL ARV / 56626018 109-45202-580 $49.86
23-Apr 4/5/2023 60362 110 TIREMAXX SERVICE CENTERS 417680 101-43120-230 $415.00
23-Apr 4/5/2023 60363 307 TRAUT COMPANIES 357030 601-49420-312 $280.00
Total 60363:280
23-Apr 4/5/2023 60364 108127 WHEELCO INV3221239 101-45202-230 $303.52
23-Apr 4/5/2023 60364 108127 WHEELCO INV322141 101-43125-205 $26.76
23-Apr 4/5/2023 60364 108127 WHEELCO INV322912 101-43120-230 $303.32
23-Apr 4/5/2023 60365 106268 WRUCK SEWER & PORTABLE RENTAL I15339 101-45202-300 $196.25
23-Apr 4/5/2023 60365 106268 WRUCK SEWER & PORTABLE RENTAL I15603 101-45202-300 $179.00
23-Apr 4/5/2023 60366 1457 ZARNOTH BRUSH WORKS INC 0192915-IN 109-43120-580 $6,195.00
23-Apr 4/6/2023 60367 108205 Fourth Dimension Signs 03.15.23 001-10108 $80.00
23-Apr 4/6/2023 60368 108203 Rhonda Ellenbecker 03.14.23 001-10105 $1,054.73
23-Apr 4/6/2023 60369 108205 Gilk Plumbing, Heating & A/C PERMIT 2023-00023 101-41430-32210 $30.00
23-Apr 4/6/2023 60370 108205 S.J. Heymans 03.22.23 101-41430-34103 $50.00
23-Apr 4/6/2023 60371 108205 Timothy P-H Heymans 03.22.23 (2)101-41430-34103 $50.00
23-Apr 4/6/2023 60372 108205 Craig Ethen 07.23.21 101-41430-34103 $100.00
23-Apr 4/6/2023 60373 108205 Mad Hatter Whiskey LLC 04.27.22 101-41430-34103 $100.00
60374
23-Apr 4/6/2023 60374 108204 Michelle L. Morford 03.23.23 101-45204-34408 $10.00
23-Apr 4/6/2023 60375 108205 Rivers Bend Townhomes, LLC 03.05.22 101-41430-34103 $100.00
23-Apr 4/6/2023 60376 108205 Sam DeLeo, Kramer Leas DeLeo 05.24.21 101-41430-34103 $100.00
23-Apr 4/6/2023 60377 108205 Victor Boeckmann 01.15.21 101-41430-34103 $100.00
23-Apr 4/10/2023 60378 108206 Abdo Financial Solutions 469532 110-41430-300 $7,160.99
23-Apr 4/10/2023 60379 38 AUTO VALUE PARTS STORES - WEST 7964088 601-49420-210 $79.98
23-Apr 4/10/2023 60379 38 AUTO VALUE PARTS STORES - WEST 7964819 101-42152-230 $74.44
23-Apr 4/10/2023 60380 104694 BADGER METER, INC 80122530 601-49440-300 $798.47
23-Apr 4/10/2023 60381 108078 BENCO EQUIPMENT-ST CLOUD 404005113 601-49421-220 $350.00
23-Apr 4/10/2023 60382 84 CENTRACARE March 23 STMT 210-42210-305 $380.50
23-Apr 4/10/2023 60383 106 CENTRAL MCGOWAN, INC 693074 101-43201-210 $119.48
23-Apr 4/10/2023 60383 106 CENTRAL MCGOWAN, INC 693200 101-42120-210 $27.01
23-Apr 4/10/2023 60384 107807 CENTRAL MOTORCAR SPECIALTIES 3bf64a53 109-42152-550 $1,316.26
23-Apr 4/10/2023 60384 107807 CENTRAL MOTORCAR SPECIALTIES 754f4424 101-43125-210 $2,592.58
Total 60384:3,908.84
23-Apr 4/10/2023 60385 108079 CHAMBERLINE OIL CO.430087-00 101-43125-230 $220.87
23-Apr 4/10/2023 60386 102063 CITY OF SARTELL 79 110-43201-580 $2,500.00
23-Apr 4/10/2023 60387 102901 CORE & MAIN LP S445088 602-49450-220 $774.00
23-Apr 4/10/2023 60388 273 EMERGENCY MEDICAL PRODUCTS,INC 2510231 210-42270-210 $120.46
23-Apr 4/10/2023 60389 105961 FINKEN INC 1363946 101-41942-410 $399.50
23-Apr 4/10/2023 60390 592 GALLS, INC 23769462 101-42120-171 $285.80
23-Apr 4/10/2023 60390 592 GALLS, INC 23769474 101-42120-171 $105.14
23-Apr 4/10/2023 60390 592 GALLS, INC 23853035 101-42120-171 $656.81
23-Apr 4/10/2023 60391 95 GOPHER STATE ONE CALL 3030766 602-49490-319 $10.80
23-Apr 4/10/2023 60392 1535 GRAINGER 9653321589 601-49420-220 $837.15
23-Apr 4/10/2023 60393 76 GRANITE ELECTRONICS, INC 154013917-1 101-45202-220 $175.50
23-Apr 4/10/2023 60393 76 GRANITE ELECTRONICS, INC 80002220 101-42151-320 $574.80
23-Apr 4/10/2023 60394 36 HAWKINS, INC 6434273 601-49420-210 $815.61
23-Apr 4/10/2023 60394 36 HAWKINS, INC 6435441 601-49421-210 $2,730.12
Total 60394:3,545.73
23-Apr 4/10/2023 60395 106161 JACKS OIL DISTRIBUTING, INC.67060 101-43125-205 $1,879.50
23-Apr 4/10/2023 60396 105683 JOVANOVICH, DEGE & ATHMANN March 23 STMT 101-41130-304 $2,745.00
23-Apr 4/10/2023 60397 108160 KINETIC 15668 110-45205-300 $17,500.00
23-Apr 4/10/2023 60398 15 LEAGUE OF MN CITIES 380227 101-41310-331 $425.00
23-Apr 4/10/2023 60399 107502 LEXISNEXIS 1694850-20230331 101-42120-300 $106.09
23-Apr 4/10/2023 60400 105686 MELROSE 1 STOP 46360 101-43125-230 $294.58
23-Apr 4/10/2023 60401 107058 METERING & TECHNOLOGY SOLUTION INV2122 601-49430-210 $754.31
23-Apr 4/10/2023 60402 96 METRO PLUMBING & HEATING, INC 13196 601-49420-220 $1,746.83
23-Apr 4/10/2023 60403 105537 MIDWEST MACHINERY CO.953343 101-43125-230 $27.86
23-Apr 4/10/2023 60404 108185 MIMBACH March 23 STMT 101-43201-210 $218.17
23-Apr 4/10/2023 60405 460 MINNESOTA COMPUTER SYSTEMS,INC 368789 101-42120-350 $78.03
Total 60405:78.03
23-Apr 4/10/2023 60406 107249 MINNESOTA PAVING & MATERIALS 1754619 101-43120-210 $1,500.00
23-Apr 4/10/2023 60407 1078 MN DEPARTMENT OF HEALTH 3/31/2023 601-49440-444 $4,454.00
23-Apr 4/10/2023 60408 1616 MVTL LABORATORIES, INC 1190682 602-49480-312 $149.60
23-Apr 4/10/2023 60408 1616 MVTL LABORATORIES, INC 1190989 602-49480-312 $228.80
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-288965 602-49450-230 $179.17
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-289388 602-49450-230 $23.94
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-289479 602-49450-230 $121.54
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-289537 602-49450-230 $39.77
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-289576 602-49450-230 ($50.20)
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-289635 101-42152-230 $45.30
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-289870 101-43125-230 $5.25
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-290048 101-43125-230 $19.99
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-290079 602-49450-230 $12.80
23-Apr 4/10/2023 60409 106764 O REILLY AUTO PARTS 5771-290171 101-42152-230 $23.94
23-Apr 4/10/2023 60410 103475 POWERHOUSE OUTDOOR EQUIP 665926 101-45202-220 $123.96
23-Apr 4/10/2023 60411 105778 QUADIENT LEASING N9861698 101-41430-410 $190.65
23-Apr 4/10/2023 60411 105778 QUADIENT LEASING N9877029 101-41430-410 $996.09
23-Apr 4/10/2023 60412 107580 QUADIENT POSTAGE FUNDING 3/12/2023 101-41430-201 $1,003.00
23-Apr 4/10/2023 60413 105615 SHIFT TECHNOLOGIES, INC.61093 101-41710-310 $312.50
23-Apr 4/10/2023 60414 107773 STERICYCLE, INC.8003639613 101-41430-300 $73.95
Total 60414:73.95
23-Apr 4/10/2023 60415 1152 SUNSET MFG CO., INC.28348 101-43125-230 $100.00
23-Apr 4/10/2023 60416 109 TENVOORDE FORD, INC.INV23239 109-42152-550 $46,450.88
23-Apr 4/10/2023 60417 502 TORBORG, RANDY 3/18/2023 602-49450-171 $174.95
23-Apr 4/10/2023 60418 107953 WEISMAN CLEANING INC 6394 101-41942-300 $1,885.00
23-Apr 4/10/2023 1123017 Void Check $-
23-Apr 4/10/2023 1123018 Void Check $-
23-Apr 4/10/2023 1123019 Void Check $-
23-Apr 4/10/2023 1123020 Void Check $-
GL Check Check Vendor Invoice Invoice
Period Issue Date Number Number Payee Number GL Account
23-Apr 4/13/2023 60419 879 ST. JOSEPH CHAMBER OF COMMERCE 2023 Flowers 101-43120-210
23-Apr 4/13/2023 60420 1238 AFSCME COUNCIL 65 2 101-21707
23-Apr 4/13/2023 60421 38 AUTO VALUE PARTS STORES - WEST 7966254 101-43125-230
23-Apr 4/13/2023 60422 76 GRANITE ELECTRONICS, INC 154014004-1 210-42250-220
23-Apr 4/13/2023 60423 103063 INSPECTRON INC 2023-544 101-42401-300
23-Apr 4/13/2023 60424 1145 LAW ENFORCEMENT LABOR SERVICES APRIL 2023 UNION DUES 101-21707
23-Apr 4/13/2023 60425 107738 MIKES ELECTRIC 2933 210-42280-220
23-Apr 4/13/2023 60426 106764 O REILLY AUTO PARTS 5771-288964 101-42152-230
23-Apr 4/13/2023 60426 106764 O REILLY AUTO PARTS 5771-289028 101-43125-230
23-Apr 4/13/2023 60426 106764 O REILLY AUTO PARTS 5771-289339 101-43125-230
23-Apr 4/13/2023 60427 1168 RDO Equipment Co E0335703 418-43125-580
23-Apr 4/13/2023 60428 357 RENGEL PRINTING, INC 157139 101-45204-328
60429
23-Apr 4/13/2023 60429 1255 SCHWEGEL COMMUNICATIONS INC 20951 101-41942-300
23-Apr 4/13/2023 60430 134 SECURITY LOCK TECHNOLOGIES 164587 101-41942-220
23-Apr 4/13/2023 60431 571 STEARNS COUNTY RECORDER 2.02E+11 101-41910-431
23-Apr 4/13/2023 60431 571 STEARNS COUNTY RECORDER 2.02E+11 101-41910-431
23-Apr 4/13/2023 60432 108127 WHEELCO INV333535 101-43125-230
23-Apr 4/13/2023 60432 108127 WHEELCO INV334677 101-43125-230
23-Apr 4/13/2023 60432 108127 WHEELCO INV335163 101-45202-205
23-Apr 4/13/2023 60433 169 ZEP MANUFACTURING, INC 9008378206 602-49450-210
Check
Amount
1,800.00
793
74.44
91.88
8,500.00
742.5
200
15.83
19.77
20.98
193,853.00
660.48
170
611
46
46
103.9
66.14
26.76
694.14
STAFF MEMO
Prepared by:
Lori Bartlett, Finance
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4c
Reviewed by:
City Clerk
Item:
Donations and Contributions
ACTION REQUESTED
Approve Resolution 2023-017
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
none
REFERENCE AND BACKGROUND
Minnesota Statute 465.03 requires that all gifts and donations of real or personal property be accepted
only with the adoption of a resolution approved by two-thirds of the members of the City Council. By
accepting the donations, the city is accepting the intent of the donations. The in-kind donations are
estimates.
Total Dog Park cash donations received through 3/31/23 = $7,030 + $1,149 for pavers and refreshments.
Total Community Center/YMCA donations received through 3/31/23 = $13,041.
BUDGET IMPACT
$2,900.00
STAFF RECOMMENDED ACTION
Accept the donations as presented in Resolution 2023-017.
SUPPORTING DATA/ATTACHMENTS
Resolution 2023-017 Accepting Donations
RESOLUTION 2023-017
RESOLUTION ACCEPTED DONATION(S)
WHEREAS, The City of St. Joseph is generally authorized to accepts gifts and bequests pursuant to
Minnesota Statutes Section 465.03 and Minnesota Statutes Section 471.17 for the benefit of its citizens;
and
WHEREAS, said Minnesota Statute 465.03 requires that all gifts and donations of real or personal
property be accepted only with the adoption of a resolution approved by two-thirds of the members of the
City Council; and
WHEREAS, the following person/persons and/or entity/entities has/have donated real and/or personal
property as follows:
DONOR METHOD PURPOSE AMOUNT
Anonymous Cash Fire Dept Operations $55.00
Anonymous Cash Disc Golf $4.00
Anonymous Cash Archery Range $1.00
Anonymous Cash Dog Park $2.00
St. Joseph Women of Today Cash Fire Dept Memorial Dinner $100.00
Dale and Marilyn Haug Cash Fire Dept Memorial Dinner $500.00
Raymond and Kathy Watkins Cash Fire Dept Memorial Dinner $50.00
Tom and Millie Lembeck Cash Fire Dept Memorial Dinner $10.00
Larry and Sharon Schwartz Cash Fire Dept Memorial Dinner $50.00
Troy and Catherine Sorensen Cash Fire Dept Memorial Dinner $160.00
Judy and Mark Holt Cash Fire Dept Memorial Dinner $20.00
Rock on Trucks Cash Movie in the Park $500.00
KPower Yoga Gift Basket Adult Easter Egg Hunt $143.00
Chiropractic Connection 2 Chair Massages Adult Easter Egg Hunt $50.00
WR Home Gift Card Adult Easter Egg Hunt $25.00
Cloud 9 Gift Cards/Coupons Adult Easter Egg Hunt $40.00
Mission Nutrition Protein Bites/Coupons Adult Easter Egg Hunt $40.00
LaPlayette Drink Tokens Adult Easter Egg Hunt $100.00
The Middy Drink Tokens Adult Easter Egg Hunt $75.00
Sal’s Bar Drink Tokens Adult Easter Egg Hunt $30.00
Magnify Financial Cash, Coozies, Pens Adult Easter Egg Hunt $120.00
Jupiter Moon Ice Cream Gift Cards/Coupons Adult Easter Egg Hunt $200.00
Minnesota Street Market Gift Basket Adult Easter Egg Hunt $50.00
St. Joseph Lion’s Cash Adult Easter Egg Hunt $100.00
Milk & Honey Ciders Bottles, Drink Coupons, Cash Adult Easter Egg Hunt $425.00
Wandering Cow Ice Cream Gift Cards Adult Easter Egg Hunt $50.00
WHEREAS, all such donations have been contributed to assist the various city departments and
programs as allowed by law; and
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, AS FOLLOWS:
1. The donations described above are accepted.
2. The Finance Department is hereby directed to issue receipts to each donor acknowledging the
city’s receipt of the donors’ donations.
ADOPTED by the City Council this 17th day of April, 2023.
CITY OF ST. JOSEPH
Rick Schultz, Mayor
ATTEST
Kayla Klein, City Clerk
STAFF MEMO
Prepared by:
Lori Bartlett
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4d
Reviewed by:
City Clerk
Item:
January/February Treasurer’s Report
ACTION REQUESTED
Review and accept the January through February 2023 treasurer’s report.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
none
REFERENCE AND BACKGROUND
Cash/investment presented as February 28, 2023. Budget to actual reports attached for Council review.
Balances may reflect 2022 data that will be moved to 2022 with 2022 year-end audit entries. Reversing
entries will be recorded in June after the 2022 audit is completed.
The cash and investment balance decreased $431,111 since the beginning of the year. The first six months
of operations is expected by reduce cash and investments. The first half taxes and state aids will not be
received until June/July. The city sets aside 4-6 months working capital to operate the beginning of the
year until these main revenue sources are deposited.
The General fund spent 17% of the expenditure budget and received 4% of the revenue budget at the end
of February. Revenues and expenditures are operational in nature. Capital expenditures include squad
equipment, capital campaign, tools, surveillance cameras. A large expenditure has been in ice & snow
removal with the snow winter we had. Some equipment repairs were incurred on the plow equipment
with the heavy, wet, excessive snows.
The Enterprise funds spent 10% (without depreciation) and received 14% of the revenue budget. The
revenue represents the Nov/Dec usage billed in Jan. Revenue represents 2 months received (will be
moved to 2022 since 2022 activity), two months expensed. The funds represent mainly operational
activity.
BUDGET IMPACT
Information only
STAFF RECOMMENDED ACTION
Accept the January through February 2023 treasurer’s report.
SUPPORTING DATA/ATTACHMENTS
Cash Balances
Month End Revenue Summary
Month End Revenue Summary – General Fund
Month End Revenue Summary – Enterprise Funds
Month End Expenditure Summary
Month End Expenditure Summary – General Fund
Month End Expense Summary – Enterprise Funds
04/12/23 2:02 PM
Cash Balances Only
STJOSEPH, MN
Page 1
Current Period: February 2023
FUND Descr Account Begin Yr
MTD
Debit
MTD
Credit
Current
Balance
Last Dim 10100
General G 101-10100 $2,478,767.23 $232,820.20 $396,321.44 $1,962,809.53
Employee Retirement Reserve G 102-10100 $368,777.25 $0.00 $0.00 $369,173.03
COVID-19 Grants G 104-10100 $418,899.27 $0.00 $35,036.61 $383,862.66
Fire Fund G 105-10100 $793,611.72 $828.28 $26,646.73 $704,178.71
Cable Access Fee G 108-10100 $10,047.83 $469.46 $0.00 $10,723.55
Economic Development G 150-10100 $93,983.11 $0.00 $8,790.93 $75,881.64
TIF 4-1 Fortitude Senior Apts G 153-10100 $21,910.23 $0.00 $19.96 $21,952.19
TIF 2-1 Millstream G 157-10100 $37,750.69 $0.00 $35.72 $37,830.40
TIF 2-3 Bayou Blues/Alley Flat G 159-10100 $20,030.78 $0.00 $7.12 $2,085.84
State Collected Sales Tax G 200-10100 $1,346,282.06 $72,089.69 $1,658.63 $1,530,284.54
Park Dedication G 205-10100 $297,743.73 $21.09 $1,700.63 $296,997.31
Charitable Gambling G 215-10100 $420.63 $0.00 $1,087.28 -$665.43
Lodging Tax G 220-10100 $19,253.62 $1,446.52 $4,281.93 $16,808.35
DEED CDAP Grant G 225-10100 $53,492.79 $0.00 $51.37 $53,610.20
Revolving Loan Fund G 250-10100 $402,984.71 $1,534.05 $387.11 $406,272.41
2016 CIP Bonds [govt center] G 301-10100 $262,559.24 $0.00 $215.86 $265,183.42
2022A GO Abate Bonds[Comm G 302-10100 $282,214.55 $0.00 $12,237.76 $292,493.09
2017A CIP Bonds [govt center] G 303-10100 $0.00 $0.00 $0.00 $0.00
2016 Street Imp [Field St] G 304-10100 $201,175.91 $0.00 $193.16 $201,683.11
2017B Street Imp [CBD Alleys] G 305-10100 $12,301.35 $0.00 $7.92 $12,586.22
2018 Equipment Certificates G 306-10100 $1,924.68 $6.21 $0.00 $2,386.84
2019A Street Imp [Overlays] G 307-10100 $89,119.05 $0.00 $166.33 $91,718.80
2019A Street Imp [Ind Park] G 308-10100 $96,259.93 $0.00 $335.37 $97,299.38
2020A Equipment Certificates G 309-10100 $2,045.26 $0.00 $20.32 $2,471.02
2020B GO Imp [20th Ave SE] G 310-10100 $95,620.78 $0.00 $463.32 $97,229.58
2021 Improve [MN St/Overlay G 311-10100 $46,914.42 $0.00 $928.71 $49,857.47
2020B CIP Bonds [PW Bldg] G 312-10100 $12,067.34 $0.00 $3.34 $12,570.18
2020B Refund Bonds [2013 Str. G 313-10100 $26,993.96 $0.00 $20.42 $27,371.87
2020C CO Refund [2014 Park T G 314-10100 $50,716.77 $0.00 $30.41 $51,808.78
2022 GO Improvement Bonds G 315-10100 $89,387.76 $143.50 $739.04 $91,425.78
2022A GO Equip Cert.[FD truck G 316-10100 $25,874.56 $0.00 $1,109.60 $29,781.48
2010B Street Imp [16th Ave] G 345-10100 $13,509.76 $0.00 $0.00 $13,509.76
2015 Street Imp[Clinton/North] G 351-10100 $21,250.75 $0.00 $0.00 $21,250.75
2015 Abatement [Comm Cente G 353-10100 $0.00 $0.00 $0.00 $0.00
Debt Service Relief G 390-10100 $446,584.17 $0.00 $37,418.27 $389,202.91
Community Center phase I G 402-10100 $6,124,358.77 $0.00 $0.00 $6,124,358.77
2019 Street Overlays G 407-10100 $110,833.46 $0.00 $0.00 $110,833.46
2019 Industrial Park Expansion G 408-10100 $252,848.89 $0.00 $0.00 $252,848.89
2020 Equipment Certificates G 409-10100 $11,006.90 $0.00 $3,705.37 $7,301.53
2020 20th Ave Watermain Loop G 410-10100 $396,194.42 $0.00 $0.00 $396,194.42
2021 MN/Alley/18/20/Northlan G 411-10100 $903,361.78 $0.00 $0.00 $888,887.23
2022 Street Overlays G 415-10100 $59,559.35 $0.00 $911.50 $56,430.25
Fire Truck Equip Certificate G 416-10100 $355,811.43 $0.00 $0.00 $355,811.43
2023 Street Imp/Elm St ROW A G 417-10100 $0.00 $0.00 $9,980.00 -$9,980.00
Capital Outlay G 490-10100 $641,293.13 $0.00 $1,827.96 $627,002.63
WAC Fund G 501-10100 $539,266.14 $0.00 $0.00 $542,841.14
SAC Fund G 502-10100 $150,057.68 $0.00 $0.00 $153,632.68
Water Fund G 601-10100 $1,113,584.49 $104,941.55 $76,218.14 $1,180,485.09
Sewer Fund G 602-10100 $2,467,144.10 $154,919.31 $101,711.83 $2,502,509.14
Refuse Collection G 603-10100 $194,948.82 $40,462.68 $34,367.53 $189,675.52
Storm Water Utility G 651-10100 $335,490.32 $22,340.93 $6,466.38 $362,291.77
FUND Descr Account Begin Yr
MTD
Debit
MTD
Credit
Current
Balance
Page 2
04/12/23 2:02 PM
Cash Balances Only
STJOSEPH, MN
Current Period: February 2023
Street Light Utility G 652-10100 $103,314.00 $9,203.85 $6,557.27 $105,679.11
$21,899,549.57 $641,227.32 $771,661.27 $21,468,438.43Last Dim 10100
Last Dim 10200
General G 101-10200 $200.00 $0.00 $0.00 $200.00
$200.00 $0.00 $0.00 $200.00Last Dim 10200
Last Dim 10300
2020C CO Refund [2014 Park T G 314-10300 $0.00 $0.00 $0.00 $0.00
2015 Abatement [Comm Cente G 353-10300 $0.00 $0.00 $0.00 $0.00
Water Fund G 601-10300 $0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00Last Dim 10300
$21,899,749.57 $641,227.32 $771,661.27 $21,468,638.43
04/12/23 2:06 PM
Council Month End Revenue Summary
STJOSEPH, MN
Page 1
Current Period: February 2023
FUND FUND Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
101 General $4,369,175.00 $86,639.62 $221,675.25
102 Employee Retirement Reserve $56,360.00 $0.00 $395.78
104 COVID-19 Grants $0.00 $0.00 $0.00
105 Fire Fund $481,795.00 -$67.82 $24,405.46
108 Cable Access Fee $5,800.00 $469.46 $675.72
150 Economic Development $130,685.00 -$76.58 $6,069.14
153 TIF 4-1 Fortitude Senior Apts $70,100.00 -$19.96 $41.96
157 TIF 2-1 Millstream $48,500.00 -$35.72 $79.71
159 TIF 2-3 Bayou Blues/Alley Flat $38,100.00 -$7.12 $14.25
200 State Collected Sales Tax $478,500.00 $70,779.81 $184,351.23
205 Park Dedication $586,135.00 -$260.54 $975.58
215 Charitable Gambling $25.00 -$0.39 $0.83
220 Lodging Tax $17,000.00 $1,427.74 $1,817.88
225 DEED CDAP Grant $150.00 -$51.37 $117.41
250 Revolving Loan Fund $15,445.00 $1,146.94 $3,287.70
301 2016 CIP Bonds [govt center] $150,300.00 -$215.86 $2,624.18
302 2022A GO Abate Bonds[CommCtr1] $485,000.00 -$12,237.76 $26,678.54
303 2017A CIP Bonds [govt center] $0.00 $0.00 $0.00
304 2016 Street Imp [Field St] $35,560.00 -$193.16 $507.20
305 2017B Street Imp [CBD Alleys] $30,860.00 -$7.92 $284.87
306 2018 Equipment Certificates $55,025.00 $6.21 $462.16
307 2019A Street Imp [Overlays] $180,850.00 -$166.33 $2,599.75
308 2019A Street Imp [Ind Park] $317,705.00 -$335.37 $1,039.45
309 2020A Equipment Certificates $45,020.00 -$20.32 $425.76
310 2020B GO Imp [20th Ave SE] $22,745.00 -$463.32 $1,608.80
311 2021 Improve [MN St/Overlays] $277,180.00 -$928.71 $2,943.05
312 2020B CIP Bonds [PW Bldg] $62,295.00 -$3.34 $502.84
313 2020B Refund Bonds [2013 Str.] $40,080.00 -$20.42 $377.91
314 2020C CO Refund [2014 Park Ter $113,370.00 -$30.41 $1,092.01
315 2022 GO Improvement Bonds $31,890.00 -$595.54 $3,638.02
316 2022A GO Equip Cert.[FD truck] $72,350.00 -$1,109.60 $5,906.92
345 2010B Street Imp [16th Ave] $0.00 $0.00 $0.00
351 2015 Street Imp[Clinton/North] $0.00 $0.00 $0.00
353 2015 Abatement [Comm Center] $0.00 $0.00 $0.00
390 Debt Service Relief $10,115.00 $0.00 $337.01
402 Community Center phase I $0.00 $0.00 $0.00
408 2019 Industrial Park Expansion $0.00 $0.00 $0.00
411 2021 MN/Alley/18/20/Northland $0.00 $0.00 $0.00
415 2022 Street Overlays $0.00 $0.00 $0.00
416 Fire Truck Equip Certificate $0.00 $0.00 $0.00
417 2023 Street Imp/Elm St ROW Acq $0.00 $0.00 $0.00
490 Capital Outlay $215,325.00 $0.00 $992.46
FUND FUND Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 2
04/12/23 2:06 PM
Council Month End Revenue Summary
STJOSEPH, MN
Current Period: February 2023
501 WAC Fund $87,500.00 $0.00 $3,575.00
502 SAC Fund $124,550.00 $0.00 $3,575.00
601 Water Fund $1,348,140.00 $101,975.82 $175,120.60
602 Sewer Fund $1,314,688.00 $151,894.24 $230,727.72
603 Refuse Collection $446,770.00 $39,149.87 $56,568.01
651 Storm Water Utility $220,275.00 $22,020.20 $35,652.33
652 Street Light Utility $87,720.00 $9,106.27 $14,199.03
$12,073,083.00 $467,768.62 $1,015,346.52
04/12/23 2:05 PM
Council Month End Revenue -General Fund
STJOSEPH, MN
Page 1
Current Period: February 2023
FUND FUND Descr SOURCE Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
FUND 101 General
101 General Ad Valorem Taxes $2,390,081.00 $0.00 $20,851.10
101 General State Sales Tax $0.00 $0.00 $0.00
101 General Gravel Tax $1,000.00 $0.00 $0.00
101 General Solar Production Tax $0.00 $0.00 $0.00
101 General Gas Franchise $33,195.00 $7,820.16 $7,902.66
101 General Electric Franchise $71,120.00 $12,584.97 $15,043.45
101 General Licenses & Permits $6,500.00 $0.00 $0.00
101 General Liquor $30,720.00 $0.00 $950.00
101 General Special Event Permit $5,000.00 $0.00 $0.00
101 General Gambling Permits $300.00 $80.00 $160.00
101 General Misc Permits/Licenses $2,000.00 $25.00 $25.00
101 General Excavation Permit $300.00 $0.00 $0.00
101 General Cigarette License $900.00 $0.00 -$100.00
101 General Cable Franchise Fee $29,100.00 $1,059.06 $6,504.66
101 General Building Permits $110,000.00 $2,224.04 $5,723.94
101 General Rental Housing Registration $33,735.00 $0.00 $100.00
101 General Federal Grants $17,375.00 $8,541.25 $8,541.25
101 General State Grants and Aids $1,000.00 $0.00 $0.00
101 General Local Government Aid $1,228,144.00 $0.00 $0.00
101 General State Aid Police Training Reim $8,000.00 $0.00 $0.00
101 General State Aid Muni Street Aid $97,000.00 $47,709.50 $47,709.50
101 General State Aid - Police $82,000.00 $0.00 $0.00
101 General Other Grants/Aids $0.00 $0.00 $0.00
101 General Other Governmental Unit $10,000.00 $0.00 $5,000.00
101 General County Grants - Road Maint. $16,000.00 $0.00 $0.00
101 General Zoning and Subdivision Fee $5,000.00 $0.00 $1,655.00
101 General Land Use Deposit Fee $0.00 $0.00 $9,000.00
101 General Sale of Maps, Copies, Faxes $25.00 $0.00 $0.00
101 General Assess Search/Zoning Letter $4,000.00 $240.00 $380.00
101 General Special Hearing Fee $500.00 $0.00 $0.00
101 General Administration Reimb $18,600.00 $4.34 $4.34
101 General Concessions $0.00 $0.00 $0.00
101 General Weed Cutting $300.00 $0.00 $0.00
101 General Admission Fee $2,500.00 $0.00 $250.00
101 General Bike Share Program $500.00 $0.00 $0.00
101 General License Investigation Fees $0.00 $0.00 $0.00
101 General Rental Fees - Shelters/Rooms $26,000.00 $3,200.00 $14,550.00
101 General Donations - Schneider Field $0.00 $0.00 $0.00
101 General Rental Fees - Schneider Field $1,160.00 $0.00 $0.00
101 General Rents and Royalties $0.00 $0.00 $0.00
101 General Kennel Fees $150.00 $0.00 $0.00
FUND FUND Descr SOURCE Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 2
04/12/23 2:05 PM
Council Month End Revenue -General Fund
STJOSEPH, MN
Current Period: February 2023
101 General County Fines $45,000.00 $2,989.15 $4,923.60
101 General Police Fines $25,000.00 $3,455.99 $5,655.99
101 General Police Miscellaneous Fees $2,750.00 $164.75 $251.25
101 General Forfeitured Seized Property $1,000.00 $0.00 $576.00
101 General Forfeited Cars - Bond $0.00 $0.00 $50,364.00
101 General Special Assessments $3,000.00 $0.00 $0.00
101 General Interest Earnings $30,000.00 -$3,465.59 $9,210.02
101 General Late Fee Charges $25.00 $0.00 $0.14
101 General Co-op Dividends $5,000.00 $0.00 $0.00
101 General Cellular Antenna Lease $2,945.00 $0.00 $789.97
101 General Advertising $0.00 $0.00 $0.00
101 General Donations $1,000.00 $0.00 $0.00
101 General Donations, Recreation $200.00 $0.00 $0.00
101 General Donations - Parks $150.00 $7.00 $7.00
101 General Reimbursement $20,900.00 $0.00 $0.00
101 General Insurance Recovery $0.00 $0.00 $5,646.38
101 General Transfers from Other Funds $0.00 $0.00 $0.00
$4,369,175.00 $86,639.62 $221,675.25FUND 101 General
FUND 102 Employee Retirement Reserve
102 Employee Retirement Res Ad Valorem Taxes $0.00 $0.00 $395.78
102 Employee Retirement Res Transfers from Other Funds $56,360.00 $0.00 $0.00
$56,360.00 $0.00 $395.78FUND 102 Employee Retirement Reserve
FUND 104 COVID-19 Grants
104 COVID-19 Grants Federal Grants $0.00 $0.00 $0.00
$0.00 $0.00 $0.00FUND 104 COVID-19 Grants
FUND 108 Cable Access Fee
108 Cable Access Fee Cable Franchise Fee $5,800.00 $469.46 $675.72
108 Cable Access Fee Transfers from Other Funds $0.00 $0.00 $0.00
$5,800.00 $469.46 $675.72FUND 108 Cable Access Fee
FUND 390 Debt Service Relief
390 Debt Service Relief Ad Valorem Taxes $15.00 $0.00 $337.01
390 Debt Service Relief Local Government Aid $10,000.00 $0.00 $0.00
390 Debt Service Relief Special Assessments $100.00 $0.00 $0.00
390 Debt Service Relief Interest Earnings $0.00 $0.00 $0.00
390 Debt Service Relief Transfers from Other Funds $0.00 $0.00 $0.00
$10,115.00 $0.00 $337.01FUND 390 Debt Service Relief
FUND 490 Capital Outlay
490 Capital Outlay Ad Valorem Taxes $111,825.00 $0.00 $992.46
490 Capital Outlay Surplus Property $103,500.00 $0.00 $0.00
490 Capital Outlay Transfers from Other Funds $0.00 $0.00 $0.00
$215,325.00 $0.00 $992.46FUND 490 Capital Outlay
FUND FUND Descr SOURCE Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 3
04/12/23 2:05 PM
Council Month End Revenue -General Fund
STJOSEPH, MN
Current Period: February 2023
$4,656,775.00 $87,109.08 $224,076.22
04/12/23 2:05 PM
Council Month End Revenue -Enterprise Funds
STJOSEPH, MN
Page 1
Current Period: February 2023
FUND
FUND
Descr SOURCE Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
FUND 601 Water Fund
601 Water Fund Water Meter $3,000.00 $0.00 $0.00
601 Water Fund Ad Valorem Taxes $0.00 $0.00 $0.88
601 Water Fund Transfers from Other Funds $151,000.00 $0.00 $0.00
601 Water Fund Contributed Revenue $0.00 $0.00 $0.00
601 Water Fund Fixed Capacity Charges $388,888.00 $35,696.04 $58,539.68
601 Water Fund Penalties and Late Fees $8,165.00 $320.33 $675.04
601 Water Fund Connection/Reconnection fees $2,000.00 $72.29 $706.21
601 Water Fund Clearing Account -Utilities $0.00 $17,254.04 $15,387.46
601 Water Fund State Grants and Aids $0.00 $0.00 $0.00
601 Water Fund Usage Rate $731,127.00 $48,409.70 $84,234.28
601 Water Fund Cellular Antenna Lease $28,840.00 $0.00 $7,109.68
601 Water Fund Amortization of Bond Premium $0.00 $0.00 $0.00
601 Water Fund State Sales Tax $0.00 -$106.12 -$933.65
601 Water Fund Interest Earnings $15,000.00 -$1,572.74 $4,041.20
601 Water Fund Special Assessments $500.00 $0.00 $2,356.55
601 Water Fund Bulk Water $1,000.00 $0.00 $148.93
601 Water Fund MDS Test Fee $18,620.00 $1,902.28 $2,854.34
$1,348,140.00 $101,975.82 $175,120.60FUND 601 Water Fund
FUND 602 Sewer Fund
602 Sewer Fund Sanitary Sewer Use Service $636,368.00 $91,125.02 $132,176.27
602 Sewer Fund Contributed Revenue $0.00 $0.00 $0.00
602 Sewer Fund Reimbursement $0.00 $0.00 $0.00
602 Sewer Fund Donations $800.00 $0.00 $0.00
602 Sewer Fund Amortization of Bond Premium $0.00 $0.00 $0.00
602 Sewer Fund Interest Earnings $15,000.00 -$2,011.55 $3,152.50
602 Sewer Fund State Grants and Aids $0.00 $0.00 $0.00
602 Sewer Fund Fixed Capacity Charge $513,485.00 $62,392.54 $94,648.17
602 Sewer Fund Transfers from Other Funds $140,000.00 $0.00 $0.00
602 Sewer Fund Special Assessments $500.00 $0.00 $0.00
602 Sewer Fund Penalties and Late Fees $8,535.00 $388.23 $750.78
$1,314,688.00 $151,894.24 $230,727.72FUND 602 Sewer Fund
FUND 603 Refuse Collection
603 Refuse Collect State Sales Tax $0.00 $1,089.54 -$162.73
603 Refuse Collect Licenses & Permits $34,445.00 $0.00 $0.00
603 Refuse Collect State Grants and Aids $0.00 $0.00 $0.00
603 Refuse Collect Refuse/Recycling Charges $405,625.00 $38,068.59 $55,958.14
603 Refuse Collect Penalties and Late Fees $3,000.00 $170.89 $349.97
603 Refuse Collect Special Assessments $200.00 $0.00 $0.00
603 Refuse Collect Interest Earnings $3,500.00 -$179.15 $422.63
603 Refuse Collect Reimbursement $0.00 $0.00 $0.00
603 Refuse Collect Contributed Revenue $0.00 $0.00 $0.00
603 Refuse Collect Transfers from Other Funds $0.00 $0.00 $0.00
$446,770.00 $39,149.87 $56,568.01FUND 603 Refuse Collection
FUND 651 Storm Water Utility
651 Storm Water Special Assessments $200.00 $0.00 $0.00
651 Storm Water Transfers from Other Funds $0.00 $0.00 $0.00
651 Storm Water Penalties and Forfeifted Disc $1,530.00 $93.73 $162.30
651 Storm Water Storm Water Use Service $210,545.00 $22,244.95 $34,728.12
651 Storm Water Storm Water Develop Fee $6,000.00 $0.00 $0.00
FUND
FUND
Descr SOURCE Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 2
04/12/23 2:05 PM
Council Month End Revenue -Enterprise Funds
STJOSEPH, MN
Current Period: February 2023
651 Storm Water Interest Earnings $2,000.00 -$318.48 $761.91
651 Storm Water State Grants and Aids $0.00 $0.00 $0.00
651 Storm Water Contributed Revenue $0.00 $0.00 $0.00
$220,275.00 $22,020.20 $35,652.33FUND 651 Storm Water Utility
FUND 652 Street Light Utility
652 Street Light U Transfers from Other Funds $0.00 $0.00 $0.00
652 Street Light U State Grants and Aids $0.00 $0.00 $0.00
652 Street Light U Special Assessments $50.00 $0.00 $0.00
652 Street Light U Interest Earnings $750.00 -$97.58 $220.70
652 Street Light U Donations $0.00 $0.00 $0.00
652 Street Light U Reimbursement $0.00 $0.00 $0.00
652 Street Light U Usage Rate $86,170.00 $9,176.52 $13,927.66
652 Street Light U Penalties and Late Fees $750.00 $27.33 $50.67
$87,720.00 $9,106.27 $14,199.03FUND 652 Street Light Utility
$3,417,593.00 $324,146.40 $512,267.69
04/12/23 2:05 PM
Council Month End Expenditure - Summary
STJOSEPH, MN
Page 1
Current Period: February 2023
FUND FUND Descr
2023
YTD Budget
February
2023 Amt
2022
YTD Amt
101 General $4,369,175.00 $373,609.85 $733,640.76
102 Employee Retirement Reserve $0.00 $0.00 $0.00
104 COVID-19 Grants $141,510.00 $35,036.61 $35,036.61
105 Fire Fund $481,795.00 $25,750.63 $113,838.47
108 Cable Access Fee $0.00 $0.00 $0.00
150 Economic Development $135,685.00 $8,714.35 $24,170.61
153 TIF 4-1 Fortitude Senior Apts $64,145.00 $0.00 $0.00
157 TIF 2-1 Millstream $44,125.00 $0.00 $0.00
159 TIF 2-3 Bayou Blues/Alley Flat $35,105.00 $0.00 $17,959.19
200 State Collected Sales Tax $785,000.00 $348.75 $348.75
205 Park Dedication $618,384.00 $1,419.00 $1,722.00
215 Charitable Gambling $2,500.00 $1,086.89 $1,086.89
220 Lodging Tax $17,000.00 $4,263.15 $4,263.15
225 DEED CDAP Grant $0.00 $0.00 $0.00
250 Revolving Loan Fund $0.00 $0.00 $0.00
301 2016 CIP Bonds [govt center] $269,895.00 $0.00 $0.00
302 2022A GO Abate Bonds[CommCtr1] $456,710.00 $0.00 $16,400.00
303 2017A CIP Bonds [govt center] $0.00 $0.00 $0.00
304 2016 Street Imp [Field St] $61,275.00 $0.00 $0.00
305 2017B Street Imp [CBD Alleys] $39,350.00 $0.00 $0.00
306 2018 Equipment Certificates $57,650.00 $0.00 $0.00
307 2019A Street Imp [Overlays] $205,750.00 $0.00 $0.00
308 2019A Street Imp [Ind Park] $291,450.00 $0.00 $0.00
309 2020A Equipment Certificates $46,195.00 $0.00 $0.00
310 2020B GO Imp [20th Ave SE] $75,410.00 $0.00 $0.00
311 2021 Improve [MN St/Overlays] $354,850.00 $0.00 $0.00
312 2020B CIP Bonds [PW Bldg] $71,890.00 $0.00 $0.00
313 2020B Refund Bonds [2013 Str.] $51,450.00 $0.00 $0.00
314 2020C CO Refund [2014 Park Ter $163,175.00 $0.00 $0.00
315 2022 GO Improvement Bonds $97,285.00 $0.00 $1,600.00
316 2022A GO Equip Cert.[FD truck] $89,350.00 $0.00 $2,000.00
345 2010B Street Imp [16th Ave] $0.00 $0.00 $0.00
351 2015 Street Imp[Clinton/North] $0.00 $0.00 $0.00
353 2015 Abatement [Comm Center] $0.00 $0.00 $0.00
390 Debt Service Relief $98,000.00 $37,418.27 $57,718.27
402 Community Center phase I $0.00 $0.00 $0.00
407 2019 Street Overlays $0.00 $0.00 $0.00
408 2019 Industrial Park Expansion $0.00 $0.00 $0.00
409 2020 Equipment Certificates $0.00 $3,705.37 $3,705.37
410 2020 20th Ave Watermain Loop $0.00 $0.00 $0.00
411 2021 MN/Alley/18/20/Northland $0.00 $0.00 $14,474.55
415 2022 Street Overlays $0.00 $911.50 $3,129.10
FUND FUND Descr
2023
YTD Budget
February
2023 Amt
2022
YTD Amt
Page 2
04/12/23 2:05 PM
Council Month End Expenditure - Summary
STJOSEPH, MN
Current Period: February 2023
416 Fire Truck Equip Certificate $0.00 $0.00 $0.00
417 2023 Street Imp/Elm St ROW Acq $0.00 $9,980.00 $9,980.00
490 Capital Outlay $111,825.00 $1,827.96 $15,282.96
501 WAC Fund $145,000.00 $0.00 $0.00
502 SAC Fund $140,000.00 $0.00 $0.00
601 Water Fund $1,834,135.00 $73,252.41 $108,220.00
602 Sewer Fund $1,991,755.00 $98,686.76 $195,362.68
603 Refuse Collection $495,420.00 $33,054.72 $61,841.31
651 Storm Water Utility $309,070.00 $6,145.65 $8,850.88
652 Street Light Utility $102,625.00 $6,459.69 $11,833.92
$14,253,939.00 $721,671.56 $1,442,465.47
04/12/23 2:03 PM
Council Month End Expenditure - General Fund
STJOSEPH, MN
Page 1
Current Period: February 2023
Description DEPART Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
FUND 101 General
General Council $67,340.00 $3,325.92 $23,282.88
General Legislative Committees $4,750.00 $0.00 $595.00
General Ordinance & Proceedings $1,500.00 $0.00 $0.00
General Mayor $10,850.00 $1,192.46 $1,919.39
General Elections $6,300.00 $191.17 $191.17
General General Adminstration $432,740.00 $47,396.96 $78,218.43
General Finance $262,305.00 $18,025.92 $38,995.32
General Audit Service $30,500.00 $7,000.00 $7,000.00
General Assessing $28,500.00 $0.00 $0.00
General City Attorney $20,000.00 $1,246.25 $1,246.25
General Information Technology $14,130.00 $2,540.80 $3,234.80
General Planning and Zoning $160,770.00 $7,834.30 $16,278.32
General General Government $9,485.00 $3,996.54 $4,352.36
General Government Center $60,635.00 $12,242.86 $16,285.91
General Cable Access $4,165.00 $215.30 $430.60
General Crime Control & Investigation $1,976,840.00 $149,454.23 $281,209.33
General Police Training $16,500.00 $990.00 $4,118.97
General Communication Service $12,110.00 $776.79 $1,548.19
General Automotive Services $74,060.00 $111.89 $6,244.93
General Building Inspec. Admistration $108,320.00 $8,500.00 $17,025.00
General Emergency Management $3,345.00 $9.84 $19.75
General Animal Control $150.00 $0.00 $0.00
General Street Maintanence $400,275.00 $34,714.83 $52,740.44
General Ice & Snow Removal $173,775.00 $20,916.58 $85,598.88
General Engineering Fee $40,000.00 $8,512.61 $20,073.71
General Street Cleaning $23,885.00 $14.72 $515.08
General Skate Park and Ice Rink $9,615.00 $2,614.91 $4,760.43
General Ball Park $2,050.00 $0.00 $0.00
General Maintenance Shop $36,670.00 $4,534.43 $14,040.29
General Park Areas $334,595.00 $35,130.74 $48,784.65
General Recreation Department $43,015.00 $2,119.80 $4,930.68
General Community Center $0.00 $0.00 $0.00
General Other Financing Uses $0.00 $0.00 $0.00
General Fire Protection $0.00 $0.00 $0.00
$4,369,175.00 $373,609.85 $733,640.76FUND 101 General
FUND 102 Employee Retirement Reserve
Employee Retirement Reserv General Adminstration $0.00 $0.00 $0.00
Employee Retirement Reserv Crime Control & Investigation $0.00 $0.00 $0.00
Employee Retirement Reserv Street Maintanence $0.00 $0.00 $0.00
Employee Retirement Reserv Park Areas $0.00 $0.00 $0.00
Employee Retirement Reserv Other Financing Uses $0.00 $0.00 $0.00
Description DEPART Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 2
04/12/23 2:03 PM
Council Month End Expenditure - General Fund
STJOSEPH, MN
Current Period: February 2023
$0.00 $0.00 $0.00FUND 102 Employee Retirement Reserve
FUND 104 COVID-19 Grants
COVID-19 Grants General Adminstration $0.00 $0.00 $0.00
COVID-19 Grants Finance $50,630.00 $0.00 $0.00
COVID-19 Grants General Government $0.00 $0.00 $0.00
COVID-19 Grants Crime Control & Investigation $90,880.00 $35,036.61 $35,036.61
COVID-19 Grants Fire Fighting $0.00 $0.00 $0.00
COVID-19 Grants Street Maintanence $0.00 $0.00 $0.00
COVID-19 Grants Maintenance Shop $0.00 $0.00 $0.00
COVID-19 Grants Park Areas $0.00 $0.00 $0.00
$141,510.00 $35,036.61 $35,036.61FUND 104 COVID-19 Grants
FUND 108 Cable Access Fee
Cable Access Fee Cable Access $0.00 $0.00 $0.00
Cable Access Fee Other Financing Uses $0.00 $0.00 $0.00
$0.00 $0.00 $0.00FUND 108 Cable Access Fee
FUND 390 Debt Service Relief
Debt Service Relief General Adminstration $0.00 $11,800.00 $14,600.00
Debt Service Relief Government Center $2,000.00 $0.00 $0.00
Debt Service Relief Crime Control & Investigation $2,000.00 $0.00 $0.00
Debt Service Relief Automotive Services $0.00 $0.00 $0.00
Debt Service Relief Fire Administration $0.00 $0.00 $0.00
Debt Service Relief Emergency Management $0.00 $0.00 $0.00
Debt Service Relief Street Maintanence $2,000.00 $0.00 $0.00
Debt Service Relief Maintenance Shop $50,000.00 $8,118.27 $8,118.27
Debt Service Relief Park Areas $22,000.00 $0.00 $0.00
Debt Service Relief Community Center $20,000.00 $17,500.00 $35,000.00
Debt Service Relief Other Financing Uses $0.00 $0.00 $0.00
$98,000.00 $37,418.27 $57,718.27FUND 390 Debt Service Relief
FUND 490 Capital Outlay
Capital Outlay General Adminstration $7,250.00 $1,327.96 $1,327.96
Capital Outlay Crime Control & Investigation $11,775.00 $500.00 $500.00
Capital Outlay Communication Service $0.00 $0.00 $0.00
Capital Outlay Automotive Services $19,850.00 $0.00 $13,455.00
Capital Outlay Fire Fighting $0.00 $0.00 $0.00
Capital Outlay Emergency Management $1,500.00 $0.00 $0.00
Capital Outlay Street Maintanence $2,700.00 $0.00 $0.00
Capital Outlay Ice & Snow Removal $28,300.00 $0.00 $0.00
Capital Outlay Street Cleaning $4,000.00 $0.00 $0.00
Capital Outlay Maintenance Shop $10,000.00 $0.00 $0.00
Capital Outlay Park Areas $26,450.00 $0.00 $0.00
Capital Outlay Community Center $0.00 $0.00 $0.00
Description DEPART Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 3
04/12/23 2:03 PM
Council Month End Expenditure - General Fund
STJOSEPH, MN
Current Period: February 2023
Capital Outlay Other Financing Uses $0.00 $0.00 $0.00
$111,825.00 $1,827.96 $15,282.96FUND 490 Capital Outlay
$4,720,510.00 $447,892.69 $841,678.60
04/12/23 2:05 PM
Council Month End Expense - Enterprise Funds
STJOSEPH, MN
Page 1
Current Period: February 2023
Description DEPART Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
FUND 601 Water Fund
Water Fund Bond Payment (P & I) $662,750.00 $0.00 $0.00
Water Fund Other Financing Uses $2,510.00 $0.00 $0.00
Water Fund Power and Pumping $48,390.00 $706.40 $1,295.53
Water Fund Purification-Plant 1 $91,415.00 $3,169.67 $5,055.20
Water Fund Purification-Plant 2 $150,445.00 $8,614.86 $20,474.89
Water Fund Distribution $26,000.00 $17,300.87 $17,300.87
Water Fund Wellhead Protection $8,500.00 $0.00 $1,544.95
Water Fund Storage-Tower 1 $30,060.00 $713.49 $1,412.56
Water Fund Water Maintenance $287,730.00 $39,724.00 $52,798.52
Water Fund Administration and General $61,335.00 $3,023.12 $8,337.48
Water Fund Depreciation Expense $465,000.00 $0.00 $0.00
$1,834,135.00 $73,252.41 $108,220.00FUND 601 Water Fund
FUND 602 Sewer Fund
Sewer Fund Bond Payment (P & I) $144,170.00 $0.00 $0.00
Sewer Fund Other Financing Uses $25,730.00 $0.00 $0.00
Sewer Fund Sanitary Sewer Maintenanc $290,165.00 $24,658.72 $54,481.38
Sewer Fund Lift Station-Baker Street $7,700.00 $4,288.28 $4,750.85
Sewer Fund Lift Station-Ridgewood/DBL $5,620.00 $189.57 $358.25
Sewer Fund Lift Station-Northland $4,760.00 $113.40 $222.44
Sewer Fund Lift Station-CR 121 $15,360.00 $162.39 $318.53
Sewer Fund Lift Station-Main $879,900.00 $66,212.10 $130,802.00
Sewer Fund Administration and General $63,350.00 $3,062.30 $4,429.23
Sewer Fund Depreciation Expense $555,000.00 $0.00 $0.00
$1,991,755.00 $98,686.76 $195,362.68FUND 602 Sewer Fund
FUND 603 Refuse Collection
Refuse Collectio Waste Collection $488,745.00 $33,054.72 $61,841.31
Refuse Collectio Other Financing Uses $0.00 $0.00 $0.00
Refuse Collectio Depreciation Expense $6,675.00 $0.00 $0.00
$495,420.00 $33,054.72 $61,841.31FUND 603 Refuse Collection
FUND 651 Storm Water Utility
Storm Water Uti Other Financing Uses $30,680.00 $0.00 $0.00
Storm Water Uti Administration and General $20,390.00 $2,339.71 $3,023.26
Storm Water Uti Storm Water Maintenance $103,000.00 $3,805.94 $5,827.62
Storm Water Uti Depreciation Expense $155,000.00 $0.00 $0.00
$309,070.00 $6,145.65 $8,850.88FUND 651 Storm Water Utility
FUND 652 Street Light Utility
Street Light Utili Street Lighting $102,625.00 $6,459.69 $11,833.92
Street Light Utili Other Financing Uses $0.00 $0.00 $0.00
$102,625.00 $6,459.69 $11,833.92FUND 652 Street Light Utility
Description DEPART Descr
2023
YTD Budget
February
2023 Amt
2023
YTD Amt
Page 2
04/12/23 2:05 PM
Council Month End Expense - Enterprise Funds
STJOSEPH, MN
Current Period: February 2023
$4,733,005.00 $217,599.23 $386,108.79
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4e
Reviewed by:
Item:
2023 Compost Agreement
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 2023 Compost Agreement between the City of St. Joseph and C&L
Excavating.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: None
PREVIOUS COUNCIL ACTION: Since 2013, the City has been in yearly contracts with C&L
Excavating to operate/manage the compost site.
REFERENCE AND BACKGROUND The compost site is open to residents of the City, St. Joseph
Township, St. Wendel Township, and the City of St. Cloud. The site is typically open from
November 1st – Oct 31st (weather permitting). There are no fee increases being proposed. The
agreement is set to expire December 31, 2023.
BUDGET IMPACT
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 2023 Compost Agreement between the City of St. Joseph and C&L
Excavating.
SUPPORTING DATA/ATTACHMENTS
2023 Compost Agreement
10.Notices. All notices required or pennitted under this Agreement shall be in
writing and shall be deemed delivered when delivered in person or deposited in the United Sates
mail. postage prepaid. addressed as follows:
If to Citv:
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
lf to Contractor:
C&L Excavating, lnc.
PO Box 99
St. Joseph, MN 56374
11.Entire A�reement. This Agreement contains the entire agreement of the pai1ies
and there are no other promises or conditions in any other agreement whether oral or written. This
Agreement supersedes any prior written or oral agreements between the parties.
12.Amendment, This Agreement may be modified or amended if the amendment is
made in writing and is signed by both parties.
13.Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
If a cout1 finds that any provision of this Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then such provision shall be deemed to he
written, construed and enforced as so limited.
14.Waiver of Contractual Ri�ht. The failure of either party to enforce any provisionof this Agreement shall not be construed as a waiver or limitation of that patty's right to
subsequently enforce and compel strict compliance with every provision of this Agreement.
15.Applicable Law. This Agreement shall be governed by the laws of the State of
Minnesota.
FOR C&L EXCAVATING, INC.:
Signature Date
Print Name & Title
FOR CITY OF ST. JOSEPH:
Kayla Klein, City Clerk Date
5
STAFF MEMO
Prepared by:
Lori Bartlett
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4f
Reviewed by:
City Clerk
Item:
Performance Measures Survey Results
ACTION REQUESTED
Motion to approve the consent agenda will automatically approve this item. If pulled, then the following
motion would be requested.
Authorize the Mayor and City Clerk to execute Resolution 2023-018 accepting St. Joseph’s performance
measures results and report results to the State Auditor.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
Council adopted resolution 2011-014 declaring 10 performance measurements as developed by the
State’s Council on Local Results and Innovation. The Council accepted the survey results from 2011-2022.
REFERENCE AND BACKGROUND
The 2010 State Legislature passed Statute §6.91 allowing cities to participate in a standard measures
program to provide communication to its citizens on annual basis. The Legislature directed the State
Auditor to establish a committee to identify ten (10) standard measurements as the minimum
measurements each city should adopt. A copy of the committee’s report can be found on the State
Auditor’s website.
The City declared the minimum ten (10) performance benchmarks listed in the report prior in 2011 for the
City to be eligible for a per capita reimbursement of $0.14 per capita annually. For 2023, the survey was
conducted and results received prior to July 1, 2023 to be eligible for the 2023 per capita reimbursement.
The results of the March 2023 survey are enclosed and are available on the City’s website. The survey
includes comments from 73 respondents. Only city residents were allowed to respond and duplicate
responses were not allowed. The State Auditor’s office requires a 2023 resolution to accept the results
prior to July 1, 2023.
BUDGET IMPACT
Appx. $1,000 reimbursement, no payable 2024 levy limits
STAFF RECOMMENDED ACTION
Motion to approve the consent agenda will automatically approve this item. If pulled, then the following
motion would be requested.
Accept the results of the 2023 performance measures survey.
SUPPORTING DATA/ATTACHMENTS
Performance Measurement Survey Questions
Resolution 2023-018 Accepting St. Joseph’s Performance Measures Survey Results
March 2023 Performance Measure Program Survey Results
Resolution 2023-018
Accepting St. Joseph’s
Performance Measures Survey Results
Whereas, pursuant to Minnesota Statute 6.91 the St. Joseph City Council has adopted performance and
output measures recommended by the State of Minnesota’s Council on Local Results and Innovation and
desires to continue with recommended performance measure guidelines and practices.
Now therefore be it resolved, the St. Joseph City Council adopted the following performance
measures initiatives:
1. That the City has adopted and implemented the minimum 10 performance measures developed by
the Council on Local Results and Innovation.
2. That the City has implemented a local performance measurement system as developed by the
Council on Local Results and Innovation.
3. That the City will report the results of the 10 adopted measures to its residents before the end of
2023 on the City’s Website.
4. That the City has surveyed its residents on the services included in the performance benchmarks
and intends to periodically (at least biennially) repeat the survey of its residents to gauge
changes in the performance benchmarks.
5. That the City accepting the results of the performance measures survey conducted in March
2023.
Adopted this 17th day of April, 2023.
__________________________________________
Rick Schultz, Mayor
___________________________________
Kayla Klein, City Clerk
City of St. Joseph, 75 Callaway St E, St. Joseph MN 56374
March 2023 City of St. Joseph
Performance Measurement Program
Survey Results
Tails on Trails Recreation Event
April 17, 2023
This page intentionally left blank
Performance Measure Survey
Index
Index i
Survey Methodology ii
Survey Chart Results – By Question
How Many Years in City 1
Overall Appearance of City 1
Fiscal Management and Health of City 2
Overall Feeling of Safety in City 2
Overall Quality of Fire Protection 3
Overall Condition of Streets 3
Overall Quality of Snowplowing 4
Dependability and Quality of Sewer 4
Dependability and Quality of Water Supply 5
Overall Quality of Recreation Programs and Facilities 5
Overall Quality of City Services 6
Survey Results – Comments
Comments Summary from Respondents 7-9
Appendixes
Appendix A 2011 Resolution Adopting Performance Measures 10
Appendix B 2023 Draft Resolution Accepting Results 11
i
This page intentionally left blank
Introduction
In 2010, the Minnesota Legislature created the Council on Local Results and Innovation (Council). The
Council created a set of ten standard performance measures for cities and counties that could assist the
governing body in determining the quality, efficiency and need for services provided. This program has
become known as the Performance Measurement Program. Participants in the program would agree to
survey their constituents using at least the ten standards established by the Council. The survey would
allow residents the opportunity to provide input on the services provided.
To encourage participation in the voluntary program, the 2010 Legislature provided a financial incentive.
Cities that opted to participate would be eligible for a reimbursement of $0.14 per capita, not to exceed
$25,000 and would be exempt from levy limits under MS 275.70 to 275.74. For the City of St. Joseph,
the reimbursement for participation is approximately $1,000.
Additional information on the Council on Local Results and Innovation can be found the Minnesota
Secretary of State Website: http://www.auditor.state.mn.us.
Methodology
To assist Minnesota cities with the new Performance Measurement Program, the League of Minnesota
Cities (LMC) created a survey that would meet the requirements of the 2010 Legislation. Participating
cities would have the opportunity to modify the question and they would administer the actual survey,
providing the results to each city.
The City of St. Joseph utilized the services the League of Minnesota Cities who provided the survey
through survey monkey. The City notified the residents that they had an opportunity to provide input on
the services provided. Notification was placed in the following locations:
Published in the May Newsletter distributed to all utility bill customers. Residents were provided with
the URL and requested to participate. The URL was listed as follows:
https://www.surveymonkey.com/r/St_Joseph2023.
1. Posted on the City of St. Joseph cable channel, newsletter and marque sign.
2. Published on the front page of the City Website. http://cityofstjoseph.com.
The survey was available on survey monkey from March 3rd through March 31st, 2023. At the end of the
survey period, the League of Minnesota Cities provided the results. The results indicated that 73
individuals responded to the survey.
ii
City of St. Joseph
Performance Measurement Survey Results - Charts
April 17, 2023
How many years have you lived in this city?
Years in City
Total
Respondents Number of Years in City Individual Responses
00-05 years 25 0{1}, 1{3}, 3{8}, 4{8}, 5{5}
06-10 years 6 7{4}, 9{1}, 10{1}
11-15 years 10 12{3}, 13{1}, 15{6}
16-20 years 9 16{1}, 17{4}, 19{1}, 19{1}, 20{2}
21-30 years 11 21{2}, 22{1}, 23{1}, 25{3}, 26{1} 27{1}, 30{2}
>30 years 12 32{1}, 35{3}, 37{1}, 40{2}, 42{1}, 43{1}, 44{1}, 50{2}
How would you rate the overall appearance of the city?
1
overall appearance
Excellent Good Fair Poor Don't know
How would you rate the fiscal management and health of the city?
How would you describe your overall feeling of safety in the city?
2
fiscal management and health
Excellent Good Fair Poor Don't know
overall feeling of safety
Very safe Somewhat safe Somewhat unsafe Very unsafe Don't know
How would you rate the overall quality of fire protection services in the city?
How would you rate the overall condition of city streets?
3
overall quality of fire protection
Excellent Good Fair Poor Don't know
overall condition of city streets
Excellent Good Fair Poor Don't know
How would you rate the overall quality of snowplowing on city streets?
How would you rate the dependability and overall quality of city sanitary sewer service?
4
overall quality of snowplowing
Excellent Good Fair Poor Don't know
city sanitary sewer
Excellent Good Fair Poor Don't know
How would you rate the dependability and overall quality of the city water supply?
How would you rate the overall quality of city recreational programs and facilities (e.g. parks, trails,
park facilities, etc.)?
5
city water supply
Excellent Good Fair Poor Don't know
city rec programs and facilities
Excellent Good Fair Poor Don't know
How would you rate the overall quality of services provided by the city?
6
overall quality of services
Excellent Good Fair Poor Don't know
73 respondents
City of St. Joseph
Performance Measurement Survey Results - Comments
April 17, 2023
The following comments were received from survey respondents.
Public Safety Comments:
∗ Focus needs to be made to the amount of speeding in town. Dale Street E has a major issue with
people not stopping at the stop sign on 12th, 9th and not paying attention at the entrance to
Klinefelter. Too much traffic and no stop sign there. We and our neighbors have almost been hit
many times. Dale is a racetrack without a stop sign. Please look into this. We’re concerned for
the safety of all of the kids that utilize the parks and often don’t look as they exit on bikes. Thank
you.
∗ The traffic downtown is dangerous. I see people nearly getting hit daily!!!
∗ The traffic at the four way stop of Minnesota and College Ave has been concerning at times.
Mostly during peak times and especially as a pedestrian.
∗ The city should launch a campaign to remind drivers to watch out and stop for pedestrians at
crosswalks. This is a regular problem.
∗ Would have liked to see more public announcements by the city when all the car and vehicle
thefts were happening. Other local cities tend to post on social media quite often about local
crimes to keep the public informed.
∗ We need a leash law for pets. Not having a leash is not safe for citizens or animals.
Streets/Plowing Services Comments:
∗ I understand the plows have to get the snow of the road, but homeowners have a hard time
digging out, especially when it is slushy, and then freezes. I know that’s one thing about
homeownership. However, I think there’s a way to minimize it while plowing. However, I don’t
know the ins and outs, but it’s gotta be somewhere to make it a little bit easier on us.
∗ There needs to be better enforcement of snow removal on sidewalks. It got to be very
dangerous this winter.
∗ Would love to see roundabouts incorporated in to the city. Intersection of Minnesota Street and
College Ave for example.
∗ The snowplowing on our street (a side street) is really hit or miss. At times our street has been
really poorly plowed.
∗ Why doesn’t the streets get plowed sometimes? 1st Ave SW to 2nd Ave SW?
∗ Plowing on 7th Avenue SE is awful!!!! Seems our road is routinely skipped when bordering roads
are cleared for the second or third necessary passes or when things warm up an roads could be
cleaned.
∗ Some neighbors or individual plow companies still plow snow from their driveways into cul de
sacs, which makes it harder to navigate if the city has yet to come through to clear said cul de
sac. Would like to see better monitoring of that.
∗ The streets are Sh*** in the winter an potholes down main street.
∗ Some roads need to be redone, not just fill in pot holes (Northland Drive).
∗ City plowing is not the best, some streets have no plowing at all until mid day which is hard
when you have to be to work in the morning.
7
Parks and Recreation Comments:
∗ I want memorial Park to remain a park. Green space is critical and cannot be replaced if
developed.
∗ Would like to see more programs like the snowshoe club this winter. Maybe a walking and
biking group.
∗ We don’t need an expensive community center. We needed it 30 years ago, not now.
∗ Don’t need a community center.
∗ Would like to see more kid friendly indoor activities for winter.
Water, Sewer and Refuse Services:
∗ Insane amount of manganese in the city water.
∗ To address #10, our water has very high sediment, it leaves sandy films on our water pitchers
and coffee pot. As well as a lot of calcium build up.
∗ The water in St. Joe is undrinkable.
∗ I also do not understand why we can’t get recycling picked up every week – we end up throwing
away recyclables because we don’t have room for them. Every other city I have lived in picked
up recycling every week. We could do better about this.
∗ Should have better prior notice when there isn’t garbage pick up.
Other City Services Comments:
∗ Not all are treated equal, it depends on who you know as to how you are treated.
∗ City needs to clean up the parking by renters of housing for college students and do something
about the parties at these rentals and the mess and trash left after them.
∗ The planning is poor. No more gas stations or bars please. We need more parks and more family
friendly places.
∗ The city needs to have the Lawns to Legumes program to help pollinators. I also think it’s
disgusting how you are allowing all these wetlands to be built on. You need to start caring about
the environment and the non human species that live here also.
∗ Please expand mail service throughout the entire city! The policy that bars those of use who live
near downtown from getting mail service at our homes is outdated.
∗ Why isn’t there a connection with “televised” or “internet” viewing of the Council meetings –
none since moving into the new building. Why not even You Tube?
General Comments:
∗ I would like to see questions that ask what people find important rather than questions that are
just focused on assessing what you feel is important. Some of these things are important but
some I feel are lower and/or non-issues…which is a good thing. Overall, I feel things are good,
but this survey does not make me feel heard. Thanks!
∗ This city needs to stop spending more we don’t have or can afford to spend.
∗ Please keep spending down!
∗ More trees along walking paths and throughout the city would be helpful.
∗ I love the small town feel of St. Joe. The colleges always bring young people into the community.
I hope the new shops downtown will withstand this tough economy.
∗ Overall St. Joe is a great community that is always willing to help each other. We could use a
high school though. Commuting to neighbor cities to over fill classrooms is tough.
8
∗ The trailer park makes the community feel unsafe and is an eyesore.
∗ Not enough accessibility for Deaf to know what is going on. I.e. No open captioned in Live news
from city Hall or from all businesses.
∗ There needs to be more public transportation in St. Joseph, including regular busing to St. Cloud.
∗ We love St. Joe! Thanks for offering this survey and collecting feedback.
∗ Every aspect of this town is terrible. From the Mayor, Parks, Community Center to the price of
water and sewer. The city expects those that will never use the parks or community center to
pay for them. And the utilities and taxes are out of hand. This town is terrible.
∗ Grateful the food shelf survived after the city kicked it out.
∗ Why is paying for a recycling container mandatory and not an optional expense? Why was a
modular/mobile home allowed to be put into a residential neighborhood (1st Ave SW)? Why is
there an apartment complex being placed on the corner of College Ave/Hill Street? Land could
have purchased by the city for a dog park, and/or city park?
∗ Student housing looks like trash coming into town, there needs to be stronger stipulations on
garbage clean up,, landscaping, mowing lawns, case day needs to come to an end! And lawn
chairs on the roof is stupid!
∗ The city spends money in very foolish ways. We have been trying to get a community center for
how long but they buy a worthless building and pay how much money for studies instead of
asking the public what they want. If the city would have put all the money they spent so far they
could have a nice community center.
∗ When will Dollar General get cleaned up? It’s an eyesore. What is the status of the community
center?
9
Appendix A
Resolution 2011-014 Declaring St. Joseph’s Performance Measurements
10
Appendix B
Resolution 2023-018 Resolution Accepting Survey Results
Resolution 2023-018
Accepting St. Joseph’s
Performance Measures Survey Results
Whereas, pursuant to Minnesota Statute 6.91 the St. Joseph City Council has adopted performance and
output measures recommended by the State of Minnesota’s Council on Local Results and Innovation
and desires to continue with recommended performance measure guidelines and practices.
Now therefore be it resolved, the St. Joseph City Council adopted the following performance measures
initiatives:
1. That the City has adopted and implemented the minimum 10 performance measures developed
by the Council on Local Results and Innovation.
2. That the City has implemented a local performance measurement system as developed by the
Council on Local Results and Innovation.
3. That the City will report the results of the 10 adopted measures to its residents before the end
of 2023 on the City’s Website.
4. That the City has surveyed its residents on the services included in the performance
benchmarks and intends to periodically (at least biennially) repeat the survey of its residents
to gauge changes in the performance benchmarks.
5. That the City accepting the results of the performance measures survey conducted in March
2023.
Adopted this 17th day of April, 2023.
__________________________________________
Rick Schultz, Mayor
___________________________________
Kayla Klein, City Clerk
11
STAFF MEMO
Prepared by:
Rhonda Juell
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4g
Reviewed by:
City Clerk
Item:
MN Twins Grants
ACTION REQUESTED
Motion to approve the consent agenda will automatically approve this item. If pulled, then the
following motion would be requested.
Motion to accept the MN Twins Youth Coaching Grant for $2000 and the MN Twins Fields for
Kids Grant for $8000
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Park Board recommends that we use these grants to help our baseball program
PREVIOUS COUNCIL ACTION
Council approved the applications for the grants. Money was moved to the Millstream
budget to help fix the fields
REFERENCE AND BACKGROUND
Millstream fields need to be brought up to standards for safe play for kids ages 5-14. The infield
needs to be pushed out to accommodate an on-deck circle, base length and pitching rubber
changes for the different ages. The outfield grass needs to be serviced and get grass growing
where there is mostly weeds. Dugout with a roof and bench need to be installed.
BUDGET IMPACT
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 accept the MN Twins Youth Coaching Grant for $2000 and the MN Twins Fields for
Kids Grant for $8000
SUPPORTING DATA/ATTACHMENTS
STAFF MEMO
Prepared by:
Rhonda Juell
Ryan Wensmann
Meeting Date:
4/17/23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4h
Reviewed by:
City Clerk
Item:
New Hollow Park playground equipment
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 new playground equipment for Hollow Park and moving
$14,783.23 of undesignated park funds for a total of $36,783.23
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Park Board has recommended the purchase of new playground equipment and that remaining
funds be moved from the undesignated parks fund for the new Playground Equipment
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
Park Board had been looking at the age and condition of the Parks’ playground equipment.
Hollow Parks equipment was purchased new in 2005 which is the oldest playset. This equipment
is showing significant ware and concerns of safety issues. It was decided by the Park Board that
the focus for Hollow Park would be kids ages 2-12. The board selected equipment from Midwest
Playscapes for $36,783.23, this is a state contracted vendor and includes equipment and
installation. Currently there is $22,000 in the budget for playground equipment and the
remaining $14,783.23 would be moved from undesignated park funds.
BUDGET IMPACT
205-45202-531
Utilizing Dedicated funds in the amount of $22,000 and moving $14,783.23 from undesignated
park funds for a total of $36,783.23
STAFF RECOMMENDED ACTION
Approve the moving of undesignated park funds and approve the purchase of new playground
equipment for Hollow Park.
SUPPORTING DATA/ATTACHMENTS
Price quote from Midwest Playscapes
Posts and Components
Green, Beige, Lime
Hollow Park Tot Lot
TJ041123-01B
City of St Joseph
Plastics
Green, Lime
Decks
Brown
Hollow Park Tot Lot
TJ041123-01BCity of St Joseph
Hollow Park Tot Lot
TJ041123-01BCity of St Joseph
Hollow Park Tot Lot
TJ041123-01BCity of St Joseph
Hollow Park Tot Lot
TJ041123-01BCity of St Joseph
Quotation
Project:City of St.Joseph Phone 320-250-0967
Contact:Rhonda Juell Fax:
Ship To:Hollow Park, 207 5th Ave NW Bill To:75 Callaway St E St. Joseph
St. Joseph MN 56374 ATTN:Rhonda Juell
Email:rjuell@cityofstjoseph.com
Shipping Contact Name:Rhonda Juell Date:4/12/23
Qty Design/Item #Description Price each Total
350-1737 Playstructure $28,500 Sale: $21,083 $21,083.00
ZZXX0721 Spring Mate-Duck $1,375.00
ZZXX0741 Spring Mate-Turtle $1,379.00
2 Base Footing for Spring Mates $251 $502.00
Two bay Swing-2 belt and 2 tot seat $3,925.00
17% Co-Op Discount -1,220.77
No Surfacing or Border
Midwest will remove old eqiupment and leave onsite at no charge
Subtotal 27,043.23$
Freight 1,940.00$
Tax Exempt # EIN 41-6008146 * Please provide certificate Sales Tax -$
Local Sales Tax -$
Subtotal 28,983.23$
Total 28,983.23$
NOTE:Options
Add $800 if customer would like Midwest Playscapes to unload equipment when it arrives.
Add $800 for Dumpster if customer would like Midwest Playscapes to dispose of packaging material.
X Installation, Labor and Equipment 7,800.00$
NOTE:Freight Quotes are good for 10 days from quote date above, due to rising fuel costs. Quote will need to be re-evaluated
after this time frame.
NOTE:Customer would be responsible for unloading and installation.
NOTE:Any Insurance requirements above $1,000,000 General Liability will be subject to a surcharge
NOTE:
NOTE:Customer must mark site in white paint for utilities to be located prior to Midwest Playscapes arrival.
NOTE:Prices firm for 30 days, subject to review thereafter. Our terms are net 30. A finance charge of 1.5% will be imposed on the outstanding balance unpaid
for more than 30 days after the shipment of materials. Equipment shall be invoiced seperately from other services and shall be payable in advance
of those services and project completion. Retainage not accepted.Once customer has signed quotation, your order cannot be changed or canceled.Please
allow TBD weeks for delivery after receipt of order. Standard manufacturing design, specification, and construction apply unless noted otherwise. Customer
is responsible for the identification and marking of all underground utilities (public or private) to include drain tile and sprinkler systems. Area must be
accessible to Bobcat and other equipment necessary for installation or additional fees will be charged. Freight quote is based on customer unloading
equipment and checking in all equipment for any missing parts. If product is refused by customer upon delivery for any reason (unless damaged),
without prior authorization from Midwest Playscapes, Inc., the customer agrees to pay 20% restocking fee plus freight charges.
Price does not include prevailing wages, unless otherwise noted. If we can be of Other Assistance, please feel free to contact us.
Signed: ___________________________Accepted ______________________________
Tom Joachim Date: ______________________________
Printed Name: ________________________
equipment or materials are stored off site, customer is responsible for transporting equipment to job site.
UNLESS OTHERWISE NOTED, prices shown are material only. They DO NOT include: assembly, installation, border, safety surfacing,
drain tile, geotextile fabric, removal of existing equipment, site preparation, excavation or site restoration, unloading of equipment, disposal of
packaging material, storage of equipment, additional insurance and bonding would be extra, unless otherwise stated above. If playground
STAFF MEMO
Prepared by:
Ryan Wensmann / Rhonda
Juell
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4i
Reviewed by:
City Clerk
Item:
Approve quotes for Millstream softball field work
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 in-field work on the east field from Pete Schleper for $5040.00
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Park board recommends approving this project with funding from the MN Twins.
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. Recommend approving the Pete Schleper
quote for $5040.00. When you look at Mr. Schleper’s bid you will see it is for two fields and we
are only fixing up the east field at this time so you divide his bid by two.
BUDGET IMPACT
Utilize $5040.00 from the MN Twins Grant.
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 in-field work on the east field in Millstream Park to Pete
Schleper for $5040.00
SUPPORTING DATA/ATTACHMENTS
Pete Schleper quote
MSC quote
Date:
75 CALLAWAY ST. E
ST. JOSEPH, MN 56374
CITY OF ST. JOSEPH
Mar-30-2023
St. Joseph- Millstream Park Renovation
75 Callaway St. E St. Joseph, MN 56374
EST3761527Est ID:
Roger WeinbrennerSales:
St. Joseph Mobilization $4,620.45
·Mobilization of crew, equipment and supplies to complete the work in two days from Welch,MN. (114 miles )
East Field Base Relocation $2,453.64
MSC will:
·Remove existing base anchors, home plate and pitching rubber
·Set new Bulldog homeplate in desired location
·Set a pitching rubber at 50 ft.
·Set 3 new base anchors for BB at 90 ft. & 3 new base anchors for T-ball/SB at 60 ft.
East Field Survey, Grade & Reset Arc $9,651.27
MSC will:
·Survey the field to assess the current conditions and determine if more ag-lime is needed to provide proper
drainage.
·Set the new outfield arc and remove any grass inside the arc. (36 yds to remove) Spoils dumped on site
·15 ft removed around the arc to get the proper infield arc for 90ft. bases and add in 45 tons of ag lime.
·3D Machne Control grade the infield for proper surface drainage
Estimate Total $16,725.36
Subtotal
Taxes
$16,725.36
$0.00
page 1 of 255089
Welch, MN
14 Old Deerfield Rd rweinbrenner@mnsodco.com
Minnesota Sodding Company P.651-438-3867 mnsodco.com
|I|
Contractor:
Signature Date:
Roger Weinbrenner
Client:
Signature Date:04/12/2023
Email:rweinbrenner@mnsodco.com
|SNGT|
|mm/dd/yyyy|
page 2 of 255089
Welch, MN
14 Old Deerfield Rd rweinbrenner@mnsodco.com
Minnesota Sodding Company P.651-438-3867 mnsodco.com
|I|
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
4-17-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4j
Reviewed by:
Item:
Call for Special Meeting – All City/Board Meeting
ACTION REQUESTED
Motion to approve the consent agenda will automatically approve this item. If pulled, then the
following motion would be requested.
Motion to call for a special meeting known as the All City/Board meeting on April 25th at 5PM
BOARD/COMMISSION/COMMITTEE RECOMMENDATION None
PREVIOUS COUNCIL ACTION None
REFERENCE AND BACKGROUND April 25th is not a regularly scheduled meeting date and the
council will need to establish it as such. The All City/Board meeting will be in April 25th beginning at
5PM.
BUDGET IMPACT None
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 call for a special meeting known as the All City/Board meeting on April 25th at 5PM
SUPPORTING DATA/ATTACHMENTS None
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
4-17-23
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
5
Reviewed by:
Item:
Public Hearing – La Playette Special Event Request
ACTION REQUESTED
Motion to approve the special event permit submitted by the La Playette for an event to be held
on August 25, 2023.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA
PREVIOUS COUNCIL ACTION Council has approved the event in previous years with suggestions
coming from the Public Works and Police Department.
REFERENCE AND BACKGROUND La Playette submitted a special event application for La Jam
which will occur on August 25, 2023. The request includes having the music play until 11:30PM.
Applicant is also requesting that a portion of the alley to the north of the property be closed for
the event. City ordinance requires a public hearing for an event having music past 9:30PM. Notices
were sent to all property owners within 350 feet of the event site. The submittal was reviewed by
the Police Chief and Public Works Director with the following recommendations: 1 off-duty officer
for the event and to have the music end at 11PM (same as 2022).
BUDGET IMPACT NA
STAFF RECOMMENDED ACTION
Motion to approve the special event submitted by the La Playette for an event to be held on
August 25, 2023 with the following conditions: 1 off-duty officer must attend the event; music
will end by 11PM.
SUPPORTING DATA/ATTACHMENTS
Special Event Application & Supporting Documentation
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
4-17-23
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
6
Reviewed by:
Item:
Public Hearing – Sal’s Bar & Grill Special Event Request
ACTION REQUESTED
Motion to approve the special event permit submitted by the Sal’s Bar & Grill for an event to be
held on June 24, 2023.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA
PREVIOUS COUNCIL ACTION Council has approved the event in previous years with suggestions
coming from the Public Works and Police Department.
REFERENCE AND BACKGROUND Sal’s Bar & Grill submitted a special event application for an
event on June 24, 2023. The request includes having the music play until 10:30PM. Applicant is
also requesting that a portion of the alley to the west of the property be closed for the event. City
ordinance requires a public hearing for an event having music past 9:30PM. Notices were sent to
all property owners within 350 feet of the event site.
BUDGET IMPACT NA
STAFF RECOMMENDED ACTION
Motion to approve the special event submitted by Sal’s Bar & Grill for an event to be held on
June 24, 2023 with the following conditions.
SUPPORTING DATA/ATTACHMENTS
Special Event Application & Supporting Documentation
STAFF MEMO
Prepared by:
City Clerk/Engineering
Meeting Date:
4-17-23
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
7
Reviewed by:
Finance Director
Item:
Public Improvement Hearing – 2023 Street & 2024 Elm Street
East Improvements
ACTION REQUESTED
Motion to approve Resolution 2023-019 Ordering Improvements and Preparation of Plans for
2023 Street Improvements.
Motion to approve Resolution 2023-020 Ordering Improvements and Preparation of Plans for
2024 Elm Street East Improvements.
Motion to approve engagement letter between the City of St. Joseph and Nagell Appraisal Inc. to
conduct the benefit analysis report.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION None
PREVIOUS COUNCIL ACTION: The Council was presented the Feasibility Report on April 3, 2023.
Council accepted the report and called for the improvement hearing to be on April 17, 2023.
REFERENCE AND BACKGROUND Local improvements are regulated through the 429 process
which includes two public hearing and a series of resolutions. The first hearing is the public
improvement hearing and is based on the merits of the project, not the assessment amounts.
Notices were sent to affected property owners and the hearing notice was published twice as
required by State Statute.
City Attorney Sue Dege also engaged Nagell Appraisal Inc. to conduct the benefit analysis report.
Staff has received one objection from the owners of Dollar General for the 2024 Elm Street East
Improvements. The objection is included in the packet.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Motion to approve Resolution 2023-019 Ordering Improvements and Preparation of Plans for
2023 Street Improvements.
Motion to approve Resolution 2023-020 Ordering Improvements and Preparation of Plans for
2024 Elm Street East Improvements.
Motion to approve engagement letter between the City of St. Joseph and Nagell Appraisal Inc. to
conduct the benefit analysis report.
SUPPORTING DATA/ATTACHMENTS
Resolution 2023-019
Resolution 2023-020
Nagell Appraisal Inc. Engagement Letter
Objection Letter, Dollar General
RESOLUTION 2023-019
ORDERING IMPROVEMENT AND PREPARATION OF PLANS
2023 Street Improvements
WHEREAS, a resolution of the city council adopted on the 3rd day of April, 2023, fixed a date for a
council hearing 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 to assess the benefitted
property for a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429;
and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and
the hearing was held thereon on the 17th day of April, 2023, at which all persons desiring to be heard
were given an opportunity to be heard thereon; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this 17th
day of April, 2023.
3. SEH is here by designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
4. In accordance with Resolution 2020-031, the City intends to reimburse itself for project
expenditures incurred by the City prior to the issuance of project bonds as stated in Exhibit
A.
Adopted by the council on this 17th day of April, 2023.
Rick Schultz, Mayor
ATTEST
Kayla Klein, City Clerk
12754831v1
A-1
EXHIBIT A
Declaration of Official Intent
The undersigned, being the duly appointed and acting City Administrator of the City of
St. Joseph, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury
Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as
amended, hereby states and certifies on behalf of the City as follows:
1.The undersigned has been and is on the date hereof duly authorized by the City
Council of the City to make and execute this Declaration of Official Intent (the "Declaration")
for and on behalf of the City.
2. This Declaration relates to the following project, property or program (the
"Project") and the costs thereof to be financed:
3.The City reasonably expects to reimburse itself for the payment of certain costs of
the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued
after the date of payment of such costs. As of the date hereof, the City reasonably expects that
$____________ is the maximum principal amount of the Bonds which will be issued to finance
the Project.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures described in Section
1.150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this
Declaration are believed to be reasonable and accurate.
Date: ____________, 20__.
_______________________________________
City Clerk
City of St. Joseph, Minnesota
RESOLUTION 2023-020
ORDERING IMPROVEMENT AND PREPARATION OF PLANS
2024 Elm Street East Improvements
WHEREAS, a resolution of the city council adopted on the 3rd day of April, 2023, fixed a date for a
council hearing for the 2023 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; and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and
the hearing was held thereon on the 17th day of April, 2023, at which all persons desiring to be heard
were given an opportunity to be heard thereon; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this 17th
day of April, 2023.
3. SEH is here by designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
4. In accordance with Resolution 2020-031, the City intends to reimburse itself for project
expenditures incurred by the City prior to the issuance of project bonds as stated in Exhibit
A.
Adopted by the council on this 17th day of April, 2023.
Rick Schultz, Mayor
ATTEST
Kayla Klein, City Clerk
12754831v1
A-1
EXHIBIT A
Declaration of Official Intent
The undersigned, being the duly appointed and acting City Administrator of the City of
St. Joseph, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury
Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as
amended, hereby states and certifies on behalf of the City as follows:
1.The undersigned has been and is on the date hereof duly authorized by the City
Council of the City to make and execute this Declaration of Official Intent (the "Declaration")
for and on behalf of the City.
2. This Declaration relates to the following project, property or program (the
"Project") and the costs thereof to be financed:
3.The City reasonably expects to reimburse itself for the payment of certain costs of
the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued
after the date of payment of such costs. As of the date hereof, the City reasonably expects that
$____________ is the maximum principal amount of the Bonds which will be issued to finance
the Project.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures described in Section
1.150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this
Declaration are believed to be reasonable and accurate.
Date: ____________, 20__.
_______________________________________
City Clerk
City of St. Joseph, Minnesota
NAGELL APPRAISAL INCORPORATED
12805 Highway 55 Phone: 952-544-8966
Plymouth, MN 55441 Central Fax: 952-544-8969
Established in 1968
_____________________________________________________________________________________________
Client: City of St. Joseph April 10, 2023
Attn: Susan Dege, Attorney
1010 West Saint Germain, Suite 420
St. Cloud, MN 56301
RE: A letter report regarding the special benefit (if any) for a street improvement project
Northland Heights Neighborhood, Northland Plat 4 and 5 Neighborhood, Loso Additions & St. Joseph Subdivision
Neighborhoods, and Northland Business Center Subdivision
St. Joseph, MN
Dear Susan:
Thank you for your interest in obtaining appraisal services regarding the project above. Per email, you
indicated a preliminary opinion of market benefit (if any) to the adjoining properties in the above project.
Report Use: The report use is to assist the city for guidance regarding special assessment determination for
a street improvement project.
Value Type: This report is not an appraisal, but rather provides a preliminary letter giving a general range of
market benefit (if any) for properties like those in the project area.
Property Description: Appears to be a mixture of residential, commercial, and industrial properties.
Contact for access: Not necessary, drive-by exterior inspection only.
Scope of Report: (1) Drive by viewing of the subject properties and view the neighborhood. (2) Note the
physical and/or economic factors that could affect the properties. (3) Comment on market benefit (if any)
based on observations of the market. (4) Provide a general rang e of benefit (if any) for properties like those
in the project area. No specific sales data will be collected for this assignment. The general market comments
are based on past appraisals, experience, and market information.
Report Format: A Letter Report (restricted appraisal format) will be used. It has short statements and
descriptions including appropriate photos, maps, and exhibits. A PDF copy of the report will be provided.
Fee: The fee is $2,400 total (appears to be 6 projects). Any meetings, owner contact, appraisal reports, any
discovery, preparation, and testifying would be extra and billed at $175 per hour. Client named above is
responsible for payment in a timely manner.
Due Date: The report can be completed by May 15, 2023.
Information needed by the appraiser: Feasibility report (already provided), maps and description of before
and after conditions of the road project.
Our Company: has 11 employees and has been in business since 1968 and has sufficient knowledge,
experience, education, contacts and resources to competently complete this assignment. Neither the
employment to make the appraisal, nor the compensation for it, is contingent upo n the appraised value of the
property. If you agree to the above terms, please sign below and return by fax or mail. If you have any
additional questions, please do not hesitate to contact me.
Sincerely,
Signature______________________________
Ethan Waytas, MAI
Certified General 40368613, MN Date__________________________________
______________________________________________________________________________
www.nagellmn.com
STAFF MEMO
Prepared by:
Lori Bartlett, Finance Director
Meeting Date:
4-17-23
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
8
Reviewed by:
Item:
YMCA Lease Agreement and Developers Agreement
ACTION REQUESTED
Approve the St. Joseph Community Center/YMCA operations lease agreement and developer’s
agreement and authorize the Mayor and City Clerk to execute the agreements.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The St. Joseph community center ad hoc committee met several times over many years to
review options, gather community input, recommend consultant hires, draft preliminary
design for the State Legislature to review for State bonding. The ad hoc committee may still
be involved with final design. The committee recommended partnering with the YMCA to
operate the facility. The Park Board has also made recommendations regarding the future
facility.
PREVIOUS COUNCIL ACTION
Council approved a Memorandum of Understanding between the City of St Joseph “City” and the St.
Cloud Area YMCA “YMCA” to partner with facility operations on September 7, 2021. The city council
requested input from the YMCA Director on consultants hired and preliminary design work for the new
facility.
The City purchased the old Kennedy Elementary for ISD 742 that included the school building and
approximately 17 acres of land. The school building was later sold to Moxie Investors and the current
Government Center was constructed on the west side of the school. Approximately 15 acres of land on
the east side of the old Kennedy Elementary was dedicated for a future community center.
The City hired HMA Architects to design, Gohman Construction for construction managers, and Kinetic
(formerly Hartsook) to complete a capital campaign for the future facility. HMA completed a pre-
design concept to be used in fundraising that includes a family pool, kids’ zone, three gyms, multi-
purpose rooms, fitness rooms, walking track, fitness area, locker rooms, outdoor play equipment.
Gohman Construction estimated the cost to be $24M with inflationary factors and soft costs included.
REFERENCE AND BACKGROUND
The City of St. Joseph has been planning a recreational facility since the 1990’s. The City held open
houses, surveys, committee meetings over the years. Donations have been received and maintained in
a separate fund for the future facility. The YMCA agreed to manage the pledges for the capital
campaign, saving the project 1.5-2% of the fundraising amount. Capital campaign interviews conducted
in spring/summer 2022 resulted in a campaign goal up to $14M per Kinetic. The State of Minnesota
issued capital bonds of $4M towards the St. Joseph project and the City earmarked $6M in St. Cloud
area local option sales taxes towards the community center. The City issued bonds for the $6M
contribution in August 2022.
The following funding is established or planned for the community center.
State Bonding $4,000,000
Local Sales Tax $6,000,000
Fundraising $14,000,000
Est. Total Cost $24,000,000
For the project to move forward, including the capital campaign, the operations lease agreement needs
to be in place. The City and YMCA have been working through a lease agreement since spring 2022 per
direction from the council. Staff turnover and waiting on the capital campaign readiness review and
results delayed the agreement some. In addition, the YMCA modified their request to the City for
operational cost coverages if the full build of the pre-design in not constructed. Removing features or
significantly changing the features in the facility changes the operational viability of the project. Staff
presented draft concepts of potential operating costs at the February 2023 council workshop (with the
city contributing up to an estimated 4% annually to the tax rate). At the workshop, Council directed
staff to review and clarify the options, costs associated and negotiate the operations lease based on the
full build pre-design concept.
City Finance updated the operational estimates and reviewed with the YMCA Director and Finance
Director. The additional operational asks to cover potential losses and pick up electric/gas utilities was
based on a structure different than the pre-design. The full pre-design concept operational costs split
between the City and YMCA is still the same as the 2021 MOU, with two exceptions: The City offered to
cover refuse/recycling costs under the City’s refuse contract and the furniture, fixtures and equipment
(FFE) will be fundraised with the capital campaign (Kinetic felt the viability to fundraise for FFE). The
estimated costs to the City averages $143,000 annually, the YMCA averages $840,000 annually. The City
levy impact is estimated to range from 2.2% to 3.4% increase in the tax rate, averaging 2.6% annually.
The City and YMCA attorneys drafted the operational lease agreement and developer’s agreement with
the direction from the City and YMCA. City staff has reviewed. The lease agreement is based on the full
build of the pre-designed facility. If the pre-design is significantly changed, a new operations lease
agreement will need to be negotiated. The developer’s agreement gives the YMCA an equal say into the
final design, construction and change orders. The operations lease and developer’s agreement is similar
to the City of St. Cloud and the St. Cloud Area YMCA agreements. A couple points in the agreement
include the following:
1. Full build pre-design includes approximately a 45,000 square foot facility with -
Family pool
Kids’ play zone
Fitness center
Gymnasium
Indoor walking track
Sport courts
Locker rooms
Youth program studio
Wellness center
Social space
2. City to cover the following operational costs –
Water
Wastewater
Stormwater
Refuse/recycling
Street light utilities
Mowing, weeding, watering landscape
Sprinkler system maintenance, repair and replacement
Parking lot, sidewalk, trails snow removal, maintenance, repair and replacement
Parking lot and exterior lighting maintenance, repair, improvements, replacement
Building roof and structural portions, including exterior signage maintenance & repairs
Major building system and interior repairs – share in costs with YMCA
Capital improvement plan funding – share in costs with YMCA
Building liability insurance coverage
3. The City will have space dedicated for public events and activities that do not compete or
interfere with the YMCA’s recreational and other programs or otherwise conflict or interfere
with the YMCA’s use and operation of the facility. Both parties shall in good faith cooperate
in the scheduling of these events and activities at no charge to the City.
4. The City shall have the right to solicit and accept private donations to support the facility
and City operational costs.
BUDGET IMPACT
Estimated annual operating costs: $143,000, 2.6% tax rate
STAFF RECOMMENDED ACTION
Approve the operating lease and developer’s agreements with the YMCA for the St. Joseph
Community Center/YMCA.
SUPPORTING DATA/ATTACHMENTS
City and YMCA Memorandum of Understanding
Draft YMCA Lease Agreement
Draft YMCA Developer’s Agreement
Draft Memorandum of Agreement
[00868-0003/5054159/1] 1
AFACILITY LEASE AGREEMENT
The City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”)
and the St. Cloud Area Family Y.M.C.A., a Minnesota nonprofit corporation (the “YMCA”)
enter into this Facility Lease Agreement (this “Agreement”) effective as of _______________,
2023 (the “Effective Date”).
RECITALS
A. The City is a Minnesota municipal corporation that among other things owns,
maintains and operates land, facilities and programs for youth and community
recreation.
B. The City owns the Site on which the City intends on constructing a community
recreational facility.
C. Under the provisions of the City’s Statutory Authority, the City is authorized to
construct the Facility on the Site and to expend funds for the operation and
maintenance of the Facility and the operation of the Governmental Program as
part of the City’s program of public recreation, and to directly operate such
program.
D. The City has determined that the construction, financing and operation of the
Facility on the Site (i) serves a public purpose, (ii) is in the best interests of the
City, (iii) provides a broad range of multigenerational civic, community, social,
educational, cultural, athletic and recreational activities and programs, and (iv) is
in furtherance of the Governmental Program and the City’s program of public
recreation and promotion of the health and wellness of the City.
E. Under the provisions contained in the Statutory Authority and specific language
contained in the G.O. Bonding Legislation, the State awarded the City a $4
Million grant to predesign, design, construct, furnish and equip a community
recreational facility as set forth in the State Grant Agreement.
F. Pursuant to the G.O. Bonding Legislation and the applicable provisions of the
City’s Statutory Authority, the City may enter into a lease or management
agreement for the operation of recreation programs and the Facility, subject to the
G.O. Compliance Legislation.
G. The YMCA is a 501(c)(3) Minnesota nonprofit corporation that operates a
community recreational facility providing a broad range of multigenerational
civic, community, social, educational, cultural, athletic and recreational activities
and programs promoting healthy living, youth development and social
responsibility.
H. The YMCA has substantial experience and expertise in operating and managing
community recreational facilities similar to the Facility.
[00868-0003/5054159/1] 2
I. The City has determined that the YMCA possesses the personnel and resources to
assist the City in furthering the Governmental Program by leasing, managing and
operating the Facility.
J. To provide for and facilitate the planning, design, financing, development and
construction of the Facility to be located on the Site, owned by the City and
leased to and operated by the YMCA, the City and the YMCA have entered into a
Development Agreement contemporaneously with entering into this Agreement.
K. The City and the YMCA are executing this Agreement to provide for the
YMCA’s lease, use and operation of the completed Facility.
In consideration of the Recitals, which are incorporated into this Agreement, the Parties’
mutual promises, undertakings and covenants in this Agreement and for other good and valuable
consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as
follows:
ARTICLE 1
DEFINITIONS
Section 1.1 Defined Terms. In addition to other terms defined herein, the following
capitalized terms used in this Agreement will have the following meanings unless the context
indicates otherwise:
“Advertising” means, collectively, all advertising, sponsorship, and promotional activity,
signage, designations, messages and displays of every kind and nature, whether now existing or
developed in the future, relating to the Facility including without limitation permanent,
nonpermanent, and transitory signage, or advertising displayed on permanent or non-permanent
advertising panels or on structures, fixtures, or equipment, audio and video advertising, all other
print and display advertising on or in the Facility.
“Advertising Rights” means the right to display, control, conduct, lease, license, permit,
sell and enter into agreements regarding the display of Advertising in any portions of the
Facility’s interior or exterior.
“Agents” means the directors, officers, employees, agents and representatives of either
Party or a specific Party.
"Agreement'' means this Facility Lease Agreement by and between the City and the
YMCA, as it may be amended, modified or supplemented from time to time.
“Alterations” means any alterations, additions, modifications or improvements,
including signage, to or on any part of the Facility that requires a Permit.
“Annual Report” means as provided in Section 2.7.
“Architect” means HMA Architects, Ltd., a Minnesota corporation.
[00868-0003/5054159/1] 3
“Assign” or “Assignment” means any sale, conveyance, assignment, subletting, transfer,
pledge, mortgage, encumbrance or lien of any kind.
“Building” means the approximately 45,000 square foot community recreational facility,
including a gymnasium, indoor walking track, sport courts, locker rooms, fitness center (cardio,
strength and fitness studio), youth program studio and kidzone, wellness center, social space,
swimming pool and related improvements, components and amenities to be constructed and
located on the Site, and any other improvements thereafter constructed on the Site.
“Building Systems” means all of the lines, pipes, conduit, services, improvements and
other facilities located on and at the Facility providing or utilized for Utilities and other building
systems, including, without limitation, all utility lines; fire protection/sprinkler systems; alarm
and security systems; HVAC; mechanical systems; electrical and lighting systems; plumbing
systems and fixtures; operating systems; water heaters; circuit breakers; elevators; swimming
pool and aquatic mechanical equipment (if applicable), and other systems.
"Business Day" means any day other than a Saturday, Sunday or other day on which
banks are required or authorized to close in St. Joseph Minnesota.
“Capital Improvements” means capital modifications, replacements or additions to the
Facility.
“Capital Improvement Plan” means the short-term and long-term capital improvement
plan for the Facility identifying the Capital Improvements to be performed during upcoming and
succeeding fiscal years, including (a) the items of work to be performed, (b) cost estimates for
each item of work, and (c) a timetable for completion of each item of work, to ensure the Facility
remains a first-class and up-to-date facility for the Permitted Use.
“Certificate of Substantial Completion” means as defined in the Development
Agreement.
“City” means the City of St. Joseph, Minnesota, a municipal corporation of the State.
“City Council” means the city council of the City.
“City Event of Default” shall have the meaning set forth in Section 11.2.
"City Indemnified Persons'' means the City and its elected officials, appointed officials,
council members, officers, employees, agents, representatives and attorneys.
"City Representative" means the City's administrator, the administrator’s designee, or
any successor Person designated by the City Council upon written notice to the YMCA.
“City’s Statutory Authority” means Minnesota Statutes, Sections 412.211; 412.221,
Subd. 3; 412.221, Subd. 32; 412.491; 471.15; 471.16; 471.17 and 471.191.
[00868-0003/5054159/1] 4
"Claim'' means any claim, demand, action, proceeding or dispute between or among the
Parties or other Persons relating to this Agreement or the Facility.
“Code” means the Internal Revenue Code of the United States of America.
"Commencement Date" means the date that is the earlier of (a) the date on which the
YMCA has commenced occupancy of the Facility pursuant to this Agreement, or (b) the date on
which both of the following have occurred regarding the Facility: (i) the Architect has issued a
Certificate of Substantial Completion, and (ii) the City has issued a certificate of occupancy.
“Commissioner” means the commissioner of Minnesota Management and Budget, and
any designated representatives thereof.
“Commissioner’s Order” means that certain “Fourth Order Amending Order of the
Commissioner of Finance Relating to Use and Sale of State Bond Financed Property” executed
by the Commissioner of Minnesota Management and Budget and dated July 30, 2012, as
amended.
“Condemnation” means any taking of property by exercise of the power of eminent
domain, whether by formal condemnation proceedings or by purchase under the threat of the
exercise of the power of eminent domain.
"Contamination" means the presence or release or threat of release of Regulated
Substances in, on, under or emanating to or from the Site, which pursuant to Environmental
Laws requires notification or reporting to any Governmental Authority, or which pursuant to
Environmental Laws requires the identification, investigation, cleanup, removal, remediation,
containment, control, abatement, monitoring of or other Response Action to such Regulated
Substances, or which otherwise constitutes a violation of Environmental Laws.
"Damages" means any loss, liability, claim, damage, demand, action, cost and expense,
including costs of investigation and defense and reasonable attorneys' fees, whether the action is
for money damages, or for equitable or declaratory relief. In no event shall Damages against
either Party include incidental or consequential damages.
“Declaration” means a declaration in the form required by the State Grant Agreement
indicating that the City’s ownership interest in the Real Property and the Facility is bond
financed property within the meaning of the G.O. Compliance Legislation and is subject to
certain restrictions imposed thereby.
“Default Interest Rate” means an amount equal to the then current prime interest rate as
published by the Wall Street Journal, or its successor publication, as that rate may change from
time to time, and added to it an amount equal to two percent (2%) per annum.
“Development Agreement” means that certain Development Agreement between the
Parties, dated as of the Effective Date, as the same may be amended, modified or supplemented
from time to time.
[00868-0003/5054159/1] 5
“Donor Recognition Program” means a program established by the YMCA recognizing
private donations in support of the Facility by placing such donors’ names on or in such area or
areas of the Facility approved by the YMCA.
“Effective Date” has the meaning set forth in the preamble.
“Emergency Repairs” means any repairs, maintenance, modifications or improvements
which, if not immediately made, would endanger the health and safety of the people working in,
using or occupying the Facility, would cause imminent damage to any material component of the
Facility, or would render any material portion of the Facility or the Building Systems unusable.
“Encumbrance” means any easement, lease, mortgage, deed of trust, pledge, security
interest, collateral assignment, financing statement or other encumbrance or lien of any kind.
"Environmental Law(s)" means all Laws, including, without limitation, any consent
decrees, settlement agreements, judgments, or orders, issued by or entered into with a
Governmental Authority pertaining or relating to the presence, use, management, generation,
processing, treatment, recycling, transport, storage, collection, disposal or release or threat of
release of Regulated Substances or Contamination.
“Expiration Date” means the date that is the last day of the Term.
“Extended Term(s)” means the First Extended Term and the Second Extended Term.
“Extension Notice” means the YMCA’s written notice to the City that the YMCA
desires to extend the First Extended Term given to Landlord at least one hundred eighty (180)
days before the end of the First Extended Term.
"Exterior Area" means the parking lots, access drives, sidewalks, trails, patios, lawn and
landscaped areas, open spaces, stormwater ponds, utility lines, and other exterior areas and
improvements located on the Site outside of the Building.
“Facility” means the Building, the Exterior Area and the FF&E, and any alterations,
additions, modifications or replacements thereto.
“FF&E” means all improvements, fixtures, furnishings, equipment and other personal
property constructed, installed or placed in or upon (and constituting part of) the Building and
the Exterior Area and owned by the City, and all repairs, modifications or replacements thereof
and thereto. The FF&E shall not include any of the YMCA Personal Property.
“First Extended Term” means the first extended term of twenty (20) Lease Years
following the Initial Term.
“Force Majeure” means acts of God, accidents, fire or other casualty, earthquake,
hurricane, tornadoes, named storms, flood, war, riot, intervention by civil or military authorities
of government, insurrection or other civil commotion, governmental action (excluding any
governmental action or inaction with respect to the granting or withholding of any governmental
[00868-0003/5054159/1] 6
approvals or Permits needed for the construction or operation of the Facility), material shortages,
strikes, boycotts, lockouts or labor disputes (but not including player labor stoppages, whether
attributable to strikes or lockouts), or any other similar or like event or occurrence beyond the
reasonable control of a Party, that causes such Party to be delayed or hindered in, or prevented
from, the performance of any covenant or obligation hereunder. Unavailability of funds shall not
constitute Force Majeure.
“GAAP” means generally accepted accounting principles in the United States set forth in
the opinions and pronouncements of the Accounting Principles Board and the American Institute
of Certified Public Accountants and statements and pronouncements of the Financial Accounting
Standards Board or in such other statements by such other entity as may be in general use by
significant segments of the accounting profession, which are applicable to the circumstance as of
the date of determination.
“G.O. Bonding Legislation” means specific language contained in 2020 Minnesota
Laws, Fifth Special Session, Chapter 3, Article 1, Section 21, Subdivision 37, as it may be
amended, modified or replaced from time to time.
“G.O. Compliance Legislation” means Minnesota Statutes, Section 16A.695, as it may
be amended, modified or replaced from time to time.
"Governmental Authority" means any federal, state, county, city, local or other
government or political subdivision or any agency, authority, board, bureau, commission,
department or instrumentality thereof.
“Governmental Program” means the operation, management, maintenance and use of
the Facility in furtherance of the City’s program of public recreation and promotion of the health
and wellness of the City pursuant to the City’s Statutory Authority.
“HVAC” means all heating, ventilation and air conditioning equipment and related
systems.
“Initial Term” means this Agreement’s initial term which shall be for a period of twenty
(20) Lease Years beginning on the Commencement Date, unless earlier terminated as provided in
this Lease.
"Law" or "Laws" means any law, statute, code, ordinance, rule, regulation, standards,
permits, requirements orders or constitutional or charter provision that have been duly enacted,
adopted, implemented, ordered, issued, entered or deemed applicable by or under authority of any
Governmental Authority and are applicable to this Agreement, the Parties’ performance of their
obligations under this Agreement, the Facility or its use, occupancy, possession, maintenance or
operation.
“Lease Year” means each period of twelve (12) consecutive calendar months occurring
during the Term, commencing on the Commencement Date; provided, however, that if the
Commencement Date is not the 1st day of a month, then the first Lease Year shall commence on
[00868-0003/5054159/1] 7
the 1st day of the first month immediately following the Commencement Date. Each succeeding
Lease Year will commence on the anniversary date of the previous Lease Year.
“Major Repair” means any individual repair, replacement or improvement of $10,000 or
more in any one instance, or any repairs, replacement and improvements of $50,000 or more in
the aggregate in any calendar year.
“Major Repair Reserve Fund” means the repair and replacement reserve fund to be
utilized for the funding of Major Repairs as provided in this Agreement.
“Minor Repair” means any individual repair, replacement or improvement of less than
$10,000 in any one instance, or any repairs, replacement and improvements of less than $50,000
in the aggregate in any calendar year.
“MPCA” means the Minnesota Pollution Control Agency.
“Naming Rights” means the right to grant the privilege to, or to license or sell to, any
third party or parties the right to name and rename any portions of the Facility’s interior or
exterior or the Exterior Area.
“Operate” or “Operation” means manage, coordinate, control, operate and supervise the
conduct and operation of the ordinary and usual business and affairs pertaining to or necessary
for the operation and management of the Facility.
“Operating Expenses” means all ordinary and necessary business expenses incurred in
Operating the Facility.
"Party" or "Parties" means either or both of the City and the YMCA, as applicable.
“Permit(s)” means any permit, license or approval to be issued by any Person required
for the operation of the Facility or for the installation, alteration, repair or replacement of any
improvements or Alterations related in any manner to the Facility.
“Permitted Encumbrances” means only the following liens and encumbrances on the
Site’s title: (a) this Agreement, (b) the Declaration, (c) platted easements in effect as of the
Effective Date, (d) liens and encumbrances granted or caused by the City, with the YMCA’s
written consent, and (e) and easements that do not materially restrict or interfere with the
YMCA’s use, possession or Operation of the Facility.
“Permitted Use” means the Facility’s use as a regional community recreational facility
providing a broad range of multigenerational civic, community, social, educational, cultural,
athletic and recreational activities and programs promoting healthy living, youth development
and social responsibility.
"Person" means any natural person, sole proprietorship, corporation, partnership, trust,
limited liability company, limited liability association, unincorporated association, joint venture,
Governmental Authority, or any other entity.
[00868-0003/5054159/1] 8
“Real Property” means the real property located in and owned by the City identified as
PID#84.53797.0952 and legally described on the attached Exhibit A.
“Real or Personal Property Taxes” means all real estate taxes, personal property taxes,
assessments, street light, utility or similar fees, and other governmental levies, charges or fees,
general and special, ordinary and extraordinary, of any kind or nature, lawfully levied or assessed
by federal, state, county or municipal government, upon or with respect to the Facility and any
and all other improvements constituting a part of the Facility.
“Regulated Substances” means any pollutant, toxic or hazardous waste or substance,
petroleum product, oil, asbestos, PCB or other substance regulated, prohibited, restricted or
controlled by any Laws related to the protection of health or the environment or posing a risk to a
person’s health and safety.
“Rent” shall have the meaning given in Section 4.1.
“Repairs” means any maintenance, repair or replacement for which either Party is
responsible for and required to make or perform pursuant to this Agreement’s terms.
"Representative" or "Representatives" means one or more of the City Representative or
the YMCA Representative.
“Response Action” means the investigation, cleanup, removal, remediation, containment,
control, abatement, monitoring of or any other response action to the presence of Regulated
Substances or Contamination in, on, at under or emanating from the Site, including the
abatement or correction of any violation required pursuant to Environmental Laws or by a
Governmental Authority.
“Second Extended Term” means the second extended term of twenty (20) Lease Years
following the First Extended Term.
“Site” means that portion of the Real Property where the Facility will be constructed and
located as shown on the Site Plan.
“Site Plan” means the site and building plan attached as Exhibit B, as it may be amended
by the Parties.
“State” means the State of Minnesota.
“State Entity” means the Minnesota Department of Employment and Economic
Development.
“State Grant” means $4,000,000 allocated to the City by the State pursuant to the G.O.
Bonding Legislation.
“State Grant Agreement” means that certain General Obligation Bond Proceeds Grant
Agreement – Construction Grant entered into between the City and the State Entity.
[00868-0003/5054159/1] 9
“Statutory Authority” means Minnesota Statutes, Sections 471.15 through 471.191, as
may be amended.
“Substantial Completion” means as defined in the Development Agreement.
“Term” means the Initial Term and any Extended Term, as the case may be.
“Utilities” means heat, water, sanitary sewer, gas, electricity, telephone, cable, internet,
telecommunications, refuse and other utilities serving the Facility.
“Utility Costs” means all deposits, charges and fees due for Utilities, and any other utility
charges and fees in connection with the Facility’s use and occupancy; provided, however, that
Utility Costs shall not include any charges or fees for water, sanitary sewer, storm sewer, refuse
or street lights.
"YMCA" means the St. Cloud Area Family Y.M.C.A., a Minnesota nonprofit
corporation.
“YMCA Board” means the YMCA’s board of directors.
“YMCA Event of Default” shall have the meaning set forth in Section 11.1.
"YMCA Indemnified Persons'' means the YMCA and its members, directors, board
members, officers, employees, agents and attorneys.
“YMCA Personal Property” means all of the inventory, furniture, furnishings,
equipment, trade fixtures, fitness equipment, signage, computers, telephones, office equipment
and other personal property which is owned by the YMCA, as the same may be repaired,
replaced, modified or supplemented from time to time.
“YMCA Representative” means the YMCA’s executive director/chief executive officer
(currently Greg Gack), the executive director’s designee, or any successor Person designated by
the YMCA upon written notice to the City.
Section 1.2 Construction of Terms. As the context of this Agreement may require,
terms in the singular shall include the plural (and vice versa) and the use of feminine, masculine
or neuter genders shall include each other. Wherever the word “including” or any variation
thereof is used herein, it shall mean “including, without limitation” and shall be construed as a
term of illustration, not a term of limitation. Wherever the word “or” is used herein, it shall
mean “and/or.”
ARTICLE 2
FACILITY LEASE
Section 2.1 Facility Ownership. The City owns the Site and will own the Facility
constructed on the Site pursuant to the Development Agreement, and all right, title, and interest
thereto and therein. The Site and the Facility is and shall be the property of and owned by the
[00868-0003/5054159/1] 10
City, subject, however, to the YMCA’s rights to lease, use and Operate the Facility pursuant to
this Agreement’s terms and conditions. The Parties acknowledge that the City’s interest in the
Real Property and the Facility will be subject to the State Grant Agreement and Declaration and
that the YMCA’s rights in the Facility will be subject thereto.
Section 2.2 Facility Lease. In consideration of the YMCA’s payments and covenants
contained in this Agreement, the City leases and grants to the YMCA, and the YMCA leases and
accepts from the City, the exclusive right to occupy, use and Operate the Facility, subject to the
terms and conditions of this Agreement and the Development Agreement. The City shall defend
title to the Site and the Facility and to the YMCA’s use, occupancy and Operation of the Facility
against any and all claims of all Persons whatsoever and will defend, indemnify and hold the
YMCA harmless from and against any and all losses, costs, expenses and liabilities due or
attributable to the City’s breach of this Section’s warranties.
Section 2.3 Quiet Enjoyment. Upon the YMCA paying the Rent and observing and
performing all of the covenants, conditions, and provisions on the YMCA’s part to be observed
and performed under this Agreement, the YMCA shall peaceably and quietly hold and enjoy the
Facility for the Term without hindrance or interruption by the City or any other Person lawfully
or equitably claiming by, through or under the City, subject nevertheless to this Agreement’s
terms and conditions.
Section 2.4 Title and Permitted Encumbrances. The City has good and marketable
title to the Site free and clear of all Encumbrances except the Permitted Encumbrances. Except
for the Permitted Encumbrances, the City shall not impose or permit to be imposed any
Encumbrance or amendment thereto on any portion of the Site or the Facility which materially
restricts or interferes with the YMCA’s use, possession or Operation of the Facility or its rights
under this Agreement, without the YMCA’s prior, written consent, which consent shall not be
unreasonably withheld. The City shall defend, indemnify and hold the YMCA harmless from and
against any and all claims, costs, expenses, damages and liabilities relating to the City’s breach
or default under any Encumbrance on the Site. The City assigns to the YMCA all of the City’s
rights and remedies to pursue enforcement of the Permitted Encumbrances on the City’s behalf
in the event the City fails to commence such enforcement within thirty (30) days after receipt of
notice from the YMCA requesting the City to pursue its remedies and enforce the terms of such
Permitted Encumbrances. In the event of a default by the City of any of its obligations set forth
in the Permitted Encumbrances, the YMCA may pursue enforcement against the City for
compliance with the requirements of such Permitted Encumbrances.
Section 2.5 Purpose. The Parties acknowledge that the City is a public body with
authority under the G.O. Compliance Legislation to own the Facility and operate the
Governmental Program. The City believes that the Governmental Program serves the City’s
public interest and believes that the Facility furthers the Governmental Program. This Agreement
is being entered into in accordance with the provisions of the G.O. Bonding Legislation, the G.O.
Compliance Legislation, and the rules, regulations, and orders issued pursuant thereto in order to
carry out this public purpose and it is the Parties’ intent that the YMCA shall implement the
City’s goals in serving the public purpose as herein provided.
[00868-0003/5054159/1] 11
Section 2.6 State Grant Agreement.
a. The Parties acknowledge that the costs of design and construction of the Facility will
be funded, in part, through the proceeds of the State Grant made to the City pursuant
to the terms of the State Grant Agreement. The Parties acknowledge and recognize
that this Agreement is subject to the terms and conditions of the State Grant
Agreement. Accordingly, this Agreement must be approved in writing by the
Commissioner, and absent such approval it is null and void and of no force or effect.
The Parties agree to cooperate to obtain all necessary approvals and signatures under
the State Grant Agreement.
b. The Parties acknowledge and recognize that the terms, conditions and provisions of
the State Grant Agreement control over any inconsistent provisions in this
Agreement.
c. The YMCA is prohibited from creating or allowing any voluntary lien or
encumbrance or any involuntary lien or encumbrance upon the Facility or Real
Property, except with the advance written consent of the Commissioner.
d. The City agrees to comply with all terms and conditions of the State Grant Agreement
and the YMCA agrees to reasonably cooperate with the City in so complying. The
Parties further agree that in the event that the City fails to comply with any provision
in the State Grant Agreement then, if the City fails to cure such failure within ten (10)
days of the City’s receipt of the YMCA’s written demand or the State’s notice of
default, the YMCA shall have the right to take whatever action may be necessary to
cure such default.
e. The City shall not agree to any amendment, modification or waiver of any condition,
provision or term of the State Grant Agreement unless the same is first approved, in
writing, by the YMCA, which approval shall not be unreasonably withheld.
f. The City agrees that it will provide the YMCA with copies of all notices that are
provided to the City under the State Grant Agreement in accordance with Section 13.5
hereof.
Section 2.7 Reporting and Program Oversight. Prior to the Commencement Date,
the YMCA shall provide the City with an initial program implementation plan and, at least
annually, a program evaluation report and a program budget showing program revenues and
expenses. The City Representative shall be a member of the YMCA’s St. Joseph YMCA
advisory board.
Section 2.8 Compliance with G.O. Compliance Legislation and Commissioner’s
Order. YMCA acknowledges and agrees that the Facility is “state bond financed property”, as
such term is used in the Compliance Legislation and Commissioner’s Order, and that therefore,
the provisions contained therein apply to the Facility and this Agreement. The Parties
[00868-0003/5054159/1] 12
acknowledge and agree that the City will not receive any money from the YMCA pursuant to
this Agreement, and as a result thereof the Commissioner does not reasonably expect to receive
any monies as contemplated by Section 4.02, paragraph (f) of the Commissioner’s Order.
ARTICLE 3
TERM
Section 3.1 Initial Term. Unless sooner terminated as provided in this Agreement,
this Agreement’s Initial Term will be for a period of twenty (20) Lease Years commencing on
the Commencement Date. Notwithstanding the fact that the Initial Term commences on the
Commencement Date, all of this Agreement’s terms and conditions, and all of the Parties’ rights
and obligations as provided in this Agreement, are binding and of full force and effect from and
after the Effective Date. The Parties shall execute, acknowledge and deliver an addendum,
acknowledgment or other instrument setting forth the Commencement Date and the expiration
date of the Initial Term. The Parties acknowledge that the Initial Term is less than 50% of the
useful life of the Facility.
Section 3.2 Extended Terms. Provided that this Agreement has not been earlier
terminated as provided herein and subject to the conditions set forth herein, the YMCA shall
have the option to renew and extend this Agreement’s Term for each of the successive Extended
Terms by providing an Extension Notice to the City for each such Extended Term. All of this
Agreement’s terms will be the same for each Extended Term as for the Initial Term. At either
Party’s request, the Parties shall execute, acknowledge and deliver an addendum,
acknowledgment or other instrument setting forth the commencement and expiration of such
Extended Term. As a condition precedent to such renewal, the City shall have determined by
action of the City Council within three (3) months of receipt of an Extension Notice from the
YMCA that the YMCA has demonstrated that such renewal continues to carry out the
Governmental Program and that the YMCA is suited and able to perform the functions contained
in this Agreement and upon such demonstration the City shall act in good faith to renew this
Agreement. In no event shall the YMCA be entitled to renew the Term hereof even though such
confirmation notice is timely given, if (a) this Agreement has been terminated, or (b) an Event of
Default has occurred and is continuing as of the date of the expiration of the Initial Term or an
Extended Term. The YMCA’s right to the Second Extended Term is conditioned upon the Term
of this Agreement having been extended by the First Extended Term. Notwithstanding anything
to the contrary contained herein, the City is not required to renew this Agreement with the
YMCA, and may at the expiration of the Initial Term or any Extended Term, in the City’s sole
option and discretion (i) decide to self-operate the Governmental Program in the Facility, (ii)
contract with some other entity to operate the Governmental Program in the Facility, or (iii)
determine that the Facility is no longer needed or useful for the operation of the Governmental
Program and sell its interest in the Facility.
Section 3.3 Statutory Termination. Notwithstanding any other provisions of this
Agreement to the contrary, if the Governmental Program is terminated or changed in response to
changes in State law in such a manner as to (a) cause this Agreement and the operation of the
Facility to be inconsistent with the changed Governmental Program, or (b) remove the statutory
[00868-0003/5054159/1] 13
authority for the City to operate the Governmental Program, then this Agreement shall be
terminated by 485 days written notice to the YMCA, provided however that the City agrees that
it will not terminate or change the Governmental Program unless required to do so by applicable
State law. Any termination must be approved by the City Council, and provided further that any
termination pursuant to this Section 3.3 will be deemed automatically rescinded and of no force
or effect if within said 485 day period (i) the State law requiring the Governmental Program to be
terminated or changed or precluding the City’s operation of the Governmental Program is
repealed or modified in such a manner as to permit the Governmental Program to continue in a
form that does not cause this Agreement and operation of the Facility to be inconsistent
therewith, or (ii) the YMCA conforms its operation of the Facility to the changed Governmental
Program. The Parties shall cooperate in good faith to attempt to obtain State legislation that
permits the Governmental Program and this Agreement to continue.
Section 3.4 Payment of Investment. Notwithstanding Sections 7.2 and 7.3, in the
event that (a) this Agreement is terminated prior to the end of the Term or is not renewed
pursuant to Section 3.2 of this Agreement, (b) the Facility is subject to the State Grant
Agreement, the Declaration, and G.O. Compliance Legislation, and (c) the City has determined
to continue to carry out the Governmental Program in the Facility, then, at the time of the
termination or nonrenewal, the City shall reimburse the YMCA for its Capital Improvements
investment in the Facility (which investment is the amount of money or like-kind contributions
contributed initially and subsequently to the acquisition and betterment of the Facility by the
YMCA) based upon the remaining useful life of such Capital Improvements. The remaining
useful life will be determined by the City’s Capital Asset Policy if addressed therein, and failing
that, by mutual agreement of the Parties in good faith. The sums to be paid by the City to the
YMCA for reimbursement of their investment shall be due and payable on the termination or
expiration date of this Agreement, except those sums which cannot be determined as of such date
shall be due and payable upon determination and shall earn interest from and after the date until
paid in full at the Default Interest Rate.
ARTICLE 4
RENT
Section 4.1 Rent. Beginning on the Commencement Date and continuing during the
Term, the YMCA shall pay as rent (a) the sum of $1.00 per Lease Year payable to the City on or
before the 1st day of each Lease Year, and (b) any other sums and charges required to be paid to
the City or by the YMCA pursuant to this Agreement’s terms, including without limitation, the
Utility Costs to be paid by the YMCA as provided in this Agreement (individually and
collectively, the “Rent”).
Section 4.2 Utility Costs. As part of the Rent, the YMCA shall pay all Utility Costs
directly to the applicable utility providers as and when due. Notwithstanding the foregoing or
anything in this Agreement apparently to the contrary, the City shall provide and pay for any and
all charges, fees, costs and expenses for water, sanitary sewer, storm sewer, refuse and street
lighting Utilities serving the Facility.
[00868-0003/5054159/1] 14
Section 4.3 Real or Personal Property Taxes. The Parties believe and expect that
the Facility, including the Tenant’s use and occupancy of the Facility, is and will be exempt from
Real or Personal Property Taxes. In the event the Facility or any part of it becomes subject to
any Real or Personal Property Taxes, the City shall pay and be responsible for all such Real or
Personal Property Taxes.
ARTICLE 5
USE AND OPERATIONS
Section 5.1 Permitted Use. The YMCA shall exclusively use, occupy and operate the
Facility subject to and in compliance with all Laws and this Agreement’s terms solely for the
Permitted Use and for such other uses as may be necessary or incidental to such Permitted Use,
and for no other use without the City’s prior written consent. The City represents and warrants to
the YMCA that no consents or approvals by any Governmental Authority or third party are
required for the Permitted Use.
Section 5.2 Facility Operation. The YMCA will Operate the Facility in accordance
with Laws and this Agreement’s terms and conditions and will be responsible for performing and
paying for all Operating Expenses, except as otherwise specifically provided herein. The YMCA
shall have sole control over the Operation of the Facility and the direction and supervision of the
YMCA’s staff and employees, and shall in its sole discretion determine the hours, activities, fees,
methods, means and manner of its Operation of the Facility. The YMCA shall have such rights
and responsibilities and shall provide, perform and take, or cause to be provided, performed or
taken, such services and actions, as it determines in its sole discretion are necessary or advisable
to Operate the Facility consistent with national and local YMCA standards.
Section 5.3 Naming and Advertising Rights. The YMCA and the City will be the
primary names on the Building’s exterior and the City reserves the right to include the name
“Jacob Wetterling” on the Building’s exterior; provided, however, that all of the Building’s
exterior signage and use of the YMCA’s name and logo must meet all local and national YMCA
guidelines for such use as well as comply with all building code and zoning requirements. The
YMCA will have the exclusive right to exercise, market, license and sell all Naming Rights and
Advertising Rights and to receive all revenues therefrom, subject to City’s approval of Naming
Rights, which approval will not be unreasonably withheld, conditioned or delayed. The City
grants to the YMCA a non-exclusive royalty free license to make any lawful use of the name,
identity and image of all or part of the Facility.
Section 5.4 Environmental. The City shall deliver the Facility to the YMCA free of
any Contamination, shall not cause any Contamination on the Site and shall comply with
applicable Environmental Laws related to the Site and the Facility. The YMCA shall not cause
any Contamination on the Site and shall comply with applicable Environmental Laws relating to
its use and occupancy of the Facility.
Section 5.5 City Use. The YMCA shall make the Facility available at reasonable
times to the City for such public events and activities that do not compete or interfere with the
YMCA’s recreational and other programs or otherwise conflict or interfere with the YMCA’s use
[00868-0003/5054159/1] 15
and operation of the Facility. The parties shall in good faith cooperate in the scheduling of these
events and activities. Such use of the Facility by the City shall be at no charge to the City.
Section 5.6 Donations. The City shall have the right to solicit and accept private
donations to support the Facility and the City’s operations, and the YMCA shall have the right to
establish and implement a Donor Recognition Program.
ARTICLE 6
REPAIRS, MAINTENANCE, ALTERATIONS AND CAPITAL IMPROVEMENTS
Section 6.1 Maintenance of Exterior Area and Building Structure. The City, at its
sole cost and expense and without charging the YMCA any direct or indirect fees or charges of
any nature whatsoever, shall maintain, repair and replace as necessary the Exterior Area and the
Building’s exterior and structure, in good condition and repair, clean and free of all debris and in
a safe, clean, attractive, high-quality and first-class manner in accordance with Laws, including
without limitation all of the following:
a. mowing, weed control, fertilizing, watering, pruning and other maintenance of all
lawn, shrubs, trees, groundcover and landscaped areas;
b. maintenance, repair and replacement of irrigation and sprinkler systems;
c. cleaning, sweeping, repairing, striping, restriping, sealcoating and resurfacing of
parking areas, roadways, trails, sidewalks, curbs, plazas, entryways and patios;
d. de-icing, salting and removal of snow and ice from parking areas, roadways,
trails, sidewalks, curbs and entryways;
e. maintenance, repair, re-lamping and rewiring of all parking lot and exterior
lighting facilities and surveillance equipment (if any), entrance, exit and directional signs,
markers, lights and lines; and
f. maintenance and repair of the Building’s roof, roof skin and roof structure
including beams, supports and decking and girders; footings; foundation and structural support;
floor slab and structural portions of the floor; Building structure and structural elements; exterior
and load-bearing walls, beams and columns; façade; siding and facing; awnings and canopies;
down spouts and gutters; exterior windows, cladding and bricks; and the Building name and logo
attached to the Building.
Section 6.2 Maintenance of Building Systems and Interior.
a. Routine Maintenance and Minor Repairs. Except for the City’s obligations under
Section 6.1 of this Agreement and this Section, the YMCA, at its sole cost and expense, shall
provide for routine maintenance and all Minor Repairs of the Building’s interior and the
Building Systems, in good condition and repair, ordinary wear and tear and casualty damage
[00868-0003/5054159/1] 16
excepted, clean and free of all debris and in a safe, clean, attractive, high-quality and first-class
manner, including without limitation all of the following:
i. routine maintenance of plumbing, electrical, fire suppression/safety
equipment and lighting fixtures;
ii. routine and periodic cleaning, lubrication and changing of filters, light
bulbs, fuses, batteries or similar consumable components for Building
Systems;
iii. cleaning the Building’s interior and washing windows;
iv. routine painting and maintenance of carpeting; tiling; interior doors,
windows and walls; interior signage and exterior signage that is not
attached to the Building;
v. exterior doors and security system; and
vi. any other Building Systems.
b. Major Repairs. The City and the YMCA shall be provide for all Major Repairs of
the Building’s interior and Building Systems as provided in Section 6.2(a), in good condition and
repair, ordinary wear and tear and casualty damage excepted, clean and free of all debris and in a
safe, clean, attractive, high-quality and first-class manner, as follows:
i. The City and the YMCA shall each be responsible for 50% of the cost of
all such Major Repairs up to a total of $250,000 ($125,000 for each of the
City and the YMCA) during any calendar year.
ii. The City shall be responsible for the cost of all Major Repairs which
exceeds $250,000 during any calendar year.
Section 6.3 Failure to Make Repairs. If either Party fails to complete any Repairs
for which it is responsible under this Agreement within 30 days after written notice from the
other Party, or such longer period not to exceed 90 days if such Party cannot reasonably
complete such Repairs within 30 days provided that such Party promptly commences and
diligently pursues completion of such Repairs within such 30-day period, the non-defaulting
Party shall have the right to make such Repairs. Upon the non-defaulting Party’s completion of
any of such Repairs, such non-defaulting Party shall send the defaulting Party statements setting
forth the cost of such Repairs and the defaulting Party shall pay such costs within ten (10) days
after receipt. In the event of Emergency Repairs, the YMCA may immediately make such
Emergency Repairs without written notice to the City, so long as the YMCA has made
reasonable efforts to contact the City.
Section 6.4 Major Repairs Reserve Fund. The Parties will establish the Major
Repairs Reserve Fund. The Major Repairs Reserve fund will have a total combined target
[00868-0003/5054159/1] 17
balance of $250,000 with each Party contributing $125,000. Each of the Parties will begin
contributing to the Major Repairs Reserve Fund beginning in the 1st Lease Year, so that by the
end of the 5th Lease Year, each Party will have contributed at least $125,000 to the Major
Repairs Reserve Fund. If the Major Repairs Reserve Fund balance falls below $250,000
following the end of the 5th Lease Year, then each of the Parties will equally contribute to
replenish the Major Repairs Reserve Fund as soon as practical by each Party contributing an
amount of up to $25,000 per year until the combined balance of the Major Repairs Reserve Fund
is equal to $250,000. Each Party may maintain their own separate account for their portion of
the Major Repairs Reserve Fund, and upon request each Party shall submit evidence of such
account and its balance to the other Party. All funds in the Major Repairs Reserve Fund shall be
utilized for Major Repairs and shall be released and disbursed only upon the written consent of
both Parties.
Section 6.4 Alterations. The YMCA will not make any Alterations to the Facility
without the City’s prior, written consent, which shall not be unreasonably withheld, conditioned
or delayed. Before commencing any Alterations requiring the City’s approval, the YMCA shall
provide plans and specifications for such Alterations to the City for its review and approval.
All Alterations will be at the YMCA’s sole cost and expense and shall be made in accordance
with all Laws and will be performed in a good and workmanlike manner. All Alterations will
become the City’s property upon this Agreement’s expiration or termination and will remain
upon and be surrendered with the Facility without disturbance or injury. The City shall
cooperate and assist the YMCA in obtaining any Permits necessary for any permitted
Alterations, including executing any necessary documents, provided such Alterations comply
with building code and zoning code requirements. The YMCA shall be responsible for building
permit fees related to the Alterations.
Section 6.5 Capital Improvement Plan. The YMCA and the City shall jointly and in
good faith develop on an annual basis a Capital Improvement Plan to guide and identify the
Facility’s capital needs. It is the shared goal of the Parties to ensure that the Facility’s capital
funding needs and priorities provided in the Capital Improvement Plan are timely and
sufficiently addressed in order to maintain the Facility in a first class condition and to prevent the
facilities and amenities of the Facility from becoming materially outdated or obsolete. The joint
Capital Improvement Plan will be included in the City administration’s budget proposal which is
ultimately subject to the review, consideration and approval of the City Council. If the City
Council approves Capital Improvements the City shall select an architect or engineer to prepare
any necessary plans or specifications for the Capital Improvements, which architect, engineer,
plans and specifications shall be subject to the YMCA’s prior review and approval, which
approval shall not be unreasonably withheld. All Capital Improvements made to the Facility shall
become a part of the Facility, shall be the property of the City, and shall remain upon and be
surrendered with the Facility upon this Agreement’s termination or expiration.
Section 6.6 Notice of Conditions. If either Party knows of or discovers any Laws
necessitating performance of Capital Improvements or any condition or defect in, damage to, or
alteration of the physical structure, fixtures, appurtenances, machinery, equipment, systems,
surfaces or any other capital component of the Facility necessitating performance of Capital
[00868-0003/5054159/1] 18
Improvements, or which, in such Party’s opinion, makes such Capital Improvements necessary
or advisable, such Party shall promptly notify the other of such matter.
Section 6.7 Liens. The City and the YMCA shall keep the Facility free from any
mechanic’s or other liens arising out of any construction or other work performed by or on behalf
of such Party, including any Alterations, materials furnished by or on such Party’s behalf or any
other obligations such Party incurs. If any such lien is filed against any part of the Facility, such
applicable Party shall cause the lien to be discharged of record by payment, bond, order of a
court of competent jurisdiction or otherwise, within sixty (60) days after the lien’s imposition.
The City may post or otherwise notice the Facility pursuant to applicable law to protect the
Facility and the City against liens. Either party may at its option contest the validity or amount of
any lien or claim of lien if such Party posts an appropriate and sufficient bond, pays the
appropriate sum into court or provide such other adequate security, if permitted by and in
compliance with applicable Laws. The YMCA shall have no responsibility for any Encumbrance
on the Facility imposed by the City or as a result of the City’s actions. The YMCA may grant a
mortgage in its leasehold interest provided such mortgage is subject to and subordinate to this
Agreement’s terms and the City’s interest in the Facility. The City shall have no responsibility
for any mortgage on the YMCA’s leasehold interest or for any Encumbrance that results from the
YMCA’s actions
Section 6.8 YMCA Personal Property. The YMCA may, at its cost and expense,
from time to time during the Term install, alter, repair, replace, remove and finance on and in the
Facility such YMCA Personal Property as the YMCA deems necessary for its operations and
activities. All YMCA Personal Property, whether or not located in or on the Facility and without
regard to the means by which or the person who installed or attached the same to the Facility,
shall at all times during and after the Term be solely the YMCA’s property, shall not constitute a
part of the Facility and the City shall have no claim or right of any kind in and to any of the
YMCA Personal Property. The YMCA shall have the right at any time and from time to time to
remove any and all YMCA Personal Property from the Facility, and shall make all necessary
repairs caused by such removal. The YMCA may grant a security interest in the YMCA Personal
Property. The City shall not mortgage, pledge or encumber any of the YMCA’s Personal
Property or other property, waives and releases any lien or claim thereon and agrees to deliver
confirming lien waivers to the YMCA upon request.
ARTICLE 7
INSURANCE, RESTORATION AND CONDEMNATION
Section 7.1 Insurance. The Parties shall, carry and maintain in full force and effect
the following insurance during the Term:
a. Property Insurance. The City shall maintain “all risk” property insurance against
loss by fire, lightning and risks customarily covered by a standard extended coverage
endorsement, including the cost of debris removal, all in an amount of not less than the full
replacement cost of all structures and improvements on the Site, including the Facility, together
with a waiver of subrogation endorsement. If the Site is located in a designated flood zone, the
[00868-0003/5054159/1] 19
City shall also maintain flood insurance. All insurance policies shall name the YMCA as an
additional loss payee.
b. YMCA Liability Insurance. The YMCA shall maintain commercial general
liability insurance, providing coverage on an “occurrence” rather than a “claims made” basis,
with a combined single policy limit of not less than $4,000,000 per occurrence applying to
bodily injury, death, property damage and personal injury occurring on, in or about the Facility,
or as a result of the YMCA’s Operation of the Facility or claims arising from the negligence of
the YMCA and its officials, employees and agents. An umbrella or excess liability insurance
policy may be used to supplement the policy limits on a follow-form basis to satisfy the full
policy limits. All such policies shall name the City as an additional insured. The YMCA agrees
that it shall maintain liability insurance coverage for at least three years beyond the last day of
the Term.
c. City Liability Insurance. The City shall maintain commercial general liability
insurance, or its equivalent, providing coverage on a “claims made” basis, with a combined
single policy limit of not less than $2,000,000 per occurrence applying to bodily injury, death,
property damage and personal injury occurring on, in or about the Site or the Facility, or as a
result of the City’s ownership, use and maintenance of the Site or the Facility. An umbrella or
excess liability insurance policy may be used to supplement the policy limits on a follow-form
basis to satisfy the full policy limits. All such policies shall name the YMCA as an additional
insured.
d. Insurance Requirements. Before the Commencement Date and thereafter upon
request, each Party will deliver to the other Party, certificates of insurance evidencing that the
insurance this Agreement requires is in full force and effect. All evidence of insurance will
contain sufficient information to enable a determination as to whether the insurance complies
with this Agreement’s requirements. All of the insurance policies used to provide the coverage
this Agreement requires will: (a) be endorsed to require the insurer to provide at least thirty (30)
days written notice to the other party before material modification, cancellation or non-renewal;
and (b) be issued by financially sound companies qualified to do business in Minnesota. Each
party shall be responsible for payment of all deductibles, retentions, coinsurance, uninsured
amounts or any amount in excess of the policy limits on their respective policies, and in no event
shall such amounts be paid by the other party. The required minimum limits of liability shall be
reevaluated at least every 5 years.
e. Waiver of Subrogation. The City and the YMCA for themselves and on behalf of
their insurers mutually release each other from liability and waive all right of recovery against
each other for any loss or damage to the Site or the Facility, or their contents, to the extent the
loss or damage is or would be covered by insurance required to be maintained by each respective
party under this Agreement whether or not the required insurance is actually maintained. It is
understood that this waiver applies to any loss or damage regardless of the cause, including,
without limitation, if caused by the negligence of the City, the YMCA or their respective
employees, agents, assigns, sublessees, occupants, or permittees, except with regard to any
[00868-0003/5054159/1] 20
deductible, which shall be allocated between the parties based upon comparative negligence or
fault.
Section 7.2 Restoration. In case of any damage to or destruction of the Facility, or
any portion thereof, by fire, casualty or any other cause, the City shall, at its sole cost and
expense, promptly commence and proceed with due diligence to repair, restore, rebuild or
replace the same in as good a condition as existed prior to such damage or destruction, which
work shall be completed within six (6) months, or other reasonable period as agreed upon by the
Parties, following such damage or destruction without diminution or change of location. The
YMCA, at its sole cost and expense, shall be responsible for all repair of damage to any YMCA
Personal Property located on or about the Facility. The Parties each shall be entitled to their
separate insurance proceeds for the purpose of restoration and the City’s restoration shall proceed
first. From the date of damage or destruction and during the period of restoration, reconstruction
or repair, the Term shall toll and all Rent payable hereunder shall be abated, or equitably abated
in the case of partial destruction, until such restoration or repair is completed. If the City fails to
commence, diligently pursue or complete such repairs, restoration, rebuilding or replacement as
provided in this Section, the YMCA, in addition to any other legal or equitable right, may
terminate this Agreement upon thirty (30) days written notice to the City. Upon any such
termination, the YMCA shall be released from any further liability and obligations under this
Agreement.
Section 7.3 Condemnation. In the event of the Condemnation of the entire Building
or Exterior Area, then, except as provided otherwise below, this Agreement shall terminate and
expire as of the date of such taking and the YMCA shall thereupon be released from any further
liability and obligations under this Agreement. If the event of the Condemnation of ten percent
(10%) or more of the Building or of the drive aisles and parking area, or of access to the Facility,
the YMCA shall have the right to cancel and terminate this Agreement effective as of the date of
such Condemnation upon giving the City written notice of such election. In the event of such
cancellation the YMCA shall thereupon be released from any further liability and obligations
under this Agreement. The City, immediately after having knowledge or notice of any such
Condemnation, shall give written notice to the YMCA.
The YMCA shall have the right to an award or compensation for, to the extent permitted
by law, including the right to apply for and to take account on behalf of the YMCA, damage to or
loss of value of any YMCA Personal Property owned by the YMCA (including removal costs),
loss of business and good will, moving and relocation expenses, and any other separate claim
which the YMCA may be permitted to make under applicable Law. The YMCA’s right to
receive compensation or damages for YMCA Personal Property shall not be affected in any
manner hereby. If a portion of the Facility shall have been Condemned and if this Agreement
shall continue, then in that event, the City agrees, at its cost and expense, to immediately restore
the Facility to a complete unit of like quality and character as existed prior to such appropriation
or taking and to restore the remaining portion of the access or parking areas so as to provide
access, parking and services to the Facility in a manner as nearly as possible to the condition
thereof prior to such taking, all Rent shall abate proportionately, based upon the proportion of the
Facility not occupied by the YMCA during the period of demolition and restoration, and
[00868-0003/5054159/1] 21
thereafter the rent shall be reduced in the ratio that the ground floor area of the part of the
Facility taken bears to the ground floor area of the Facility before such taking, or in the case of
taking of the access or parking area, Rent shall be equitably abated.
ARTICLE 8
ASSIGNMENT
Section 8.1 Assignment. Neither the YMCA nor the City may Assign this Agreement
or the entire Facility without the prior written consent of the other Party; provided, however, that
the YMCA may collaterally assign this Agreement and the YMCA’s rights hereunder to a lender
to provide a loan without the City’s consent but subject to this Agreement’s terms and
conditions, including the Declaration. The YMCA may license, sublease or rent portions of the
Facility for nonexclusive use for terms of thirty (30) days or less without the City’s prior consent.
The YMCA may license, sublease or rent portions of the Facility for terms longer than thirty (30)
days only with the City’s prior consent, which consent shall not be unreasonably withheld,
conditioned or delayed. All subleases and licenses of portions of the Facility shall be subject to
all of this Agreement’s terms and conditions including the Permitted Use. Notwithstanding any
Assignment by the YMCA, the YMCA shall continue to be liable for the performance of all of
the YMCA’s obligations hereunder to the same extent as though no Assignment had been made.
Any permitted assignee or sublessee of the YMCA, upon payment of amounts due and
performance of all obligations pursuant to this Agreement, shall be entitled to all the benefits due
or accruing to the YMCA under this Agreement and the City, without releasing the YMCA from
liability therefor, and such assignee or sublessee agrees to accept actual performance of the
YMCA’s obligations by any such assignee or sublessee. Any permitted assignee shall be
required to operate the Facility in a manner consistent with the YMCA’s established standards.
Regardless of any assignment or subletting by the YMCA, the City shall not change, modify or
amend this Lease without the YMCA’s prior written consent.
ARTICLE 9
SURRENDER
Section 9.1 Surrender of Facility. Upon this Agreement’s expiration or termination
(by lapse of time or otherwise), the YMCA shall surrender the Facility to the City in a condition
consistent with the YMCA’s maintenance and repair obligations under this Agreement,
reasonable wear and tear and damage in connection with casualty or taking under power of
eminent domain excepted, and otherwise on an “as is, where is” basis. The YMCA shall deliver
to the City all keys, access cards or similar devices providing access to the Facility. The YMCA
shall have the right to remove any and all YMCA Personal Property prior to, or within two (2)
months after this Agreement’s expiration or termination, and the YMCA shall repair any damage
caused to the Facility by reason of such removal, ordinary wear and tear excepted. Any YMCA
Personal Property remaining in the Facility and not removed by the YMCA within two (2)
months after this Agreement’s expiration or termination shall be deemed to be abandoned by the
YMCA, shall become the City’s property and may be disposed of by the City in its discretion.
The City, and its employees, contractors and assigns, shall have the right to occupy the Facility
[00868-0003/5054159/1] 22
during the two (2) month period to perform maintenance and improvements it deems necessary
to reopen the Facility.
ARTICLE 10
INDEMNIFICATION
Section 10.1 YMCA Indemnification. To the maximum extent permitted by law, the
YMCA shall defend, indemnify and hold harmless the City Indemnified Persons from and
against any and all Damages of any nature whatsoever whether or not involving a third-party
claim arising, directly or indirectly, from or in connection with:
a. the acts or omissions of the YMCA or any of its Agents representatives or anyone
for whose acts they are liable;
b. any breach of any representation or warranty made by the YMCA in this
Agreement or in any schedule or exhibit attached hereto or any other certificate or document
delivered by the YMCA to the City pursuant to this Agreement;
c. any breach by the YMCA of any covenant or obligation of the YMCA in this
Agreement; and
d. any claim by any Person for Damages in connection with the violation by the
YMCA or its agents of any Laws.
Notwithstanding the foregoing, this Section does not require the YMCA to indemnify and
defend the City for Damages resulting from willful or negligent acts or omissions of the City or
its Agents. If the YMCA fails to make any payment of any sums payable by the YMCA to the
City Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then
such payment shall bear interest at the Default Interest Rate, payable from the date such payment
was due to the date of payment thereof. This Section shall survive this Agreement’s expiration
or termination.
Section 10.2 City Indemnification. To the maximum extent permitted by law, the City
shall defend, indemnify and hold harmless the YMCA Indemnified Persons from and against any
and all Damages, whether or not involving a third-party claim arising, directly or indirectly, from
or in connection with:
a. the acts or omissions of the City or any of its Agents or anyone for whose acts
they are liable;
b. any breach of any representation or warranty made by the City in this Agreement
or in any schedule or exhibit attached hereto or any other certificate or document delivered by
the City to the YMCA pursuant to this Agreement;
c. any breach by the City of any covenant or obligation of the City in this
Agreement;
[00868-0003/5054159/1] 23
d. any claim by any Person for Damages in connection with the violation by the City
or its agents of any Laws.
Notwithstanding the foregoing, this Section does not require the City indemnify and
defend the YMCA for Damages resulting from willful or negligent acts or omissions of the
YMCA or its Agents. If the City fails to make any payment of any sums payable by the City to
the YMCA Indemnified Persons on the date due, which failure shall continue for thirty (30) days,
then such payment shall bear interest at the Default Interest Rate, payable from the date such
payment was due to the date of payment thereof. This Section shall survive this Agreement’s
expiration or termination.
ARTICLE 11
DEFAULT AND REMEDIES
Section 11.1 YMCA Event of Default. Each of the following shall constitute a “YMCA
Event of Default” under this Agreement:
a. the YMCA’s failure to pay any Rent or any other amount due to the City
hereunder on or before the date due, where such failure shall continue for a period of thirty (30)
days after receipt of written notice by the City of such failure;
b. the YMCA’s failure to Operate the Facility for a period of thirty (30) consecutive
days, except where such failure to Operate is due to event of Force Majeure, casualty damage,
Condemnation, Alterations, repairs, or Capital Improvements;
c. the YMCA’s violation or failure to perform or observe any other covenant or
condition of this Agreement, which failure or violation shall continue for thirty (30) days after
receipt of written notice to the YMCA by the City identifying with particularity the failure or
violation; provided, however, that so long as such failure or violation is of a non-monetary nature
susceptible to cure, but is not reasonably capable of being cured within such thirty (30) day
period, no YMCA Event of Default shall exist if the YMCA promptly advises the City of the
YMCA’s intention to duly institute all steps necessary to cure such default and the YMCA
promptly commence cure of such failure or violation within such thirty (30) day period and
diligently pursue such cure to completion, but such additional time for cure shall not exceed one
hundred eighty (180) days after receipt of the initial written notice to the YMCA by the City; or
d. the YMCA’s uncured default under the Development Agreement.
Section 11.2 City Events of Default. Each of the following shall constitute a “City
Event of Default” under this Agreement:
a. the City’s failure to pay any amounts owed to the YMCA hereunder on or before
the date due, where such failure shall continue for a period of thirty (30) days after receipt of
written notice by the YMCA of such failure;
[00868-0003/5054159/1] 24
b. the City’s violation or failure to perform or observe any other covenant or
condition of this Agreement, which failure or violation shall continue for thirty (30) days after
receipt of written notice to the City by the YMCA identifying with particularity the failure or
violation; provided, however, that so long as such failure or violation is of a non-monetary nature
susceptible to cure, but is not reasonably capable of being cured within such thirty (30) day
period, no City Event of Default shall exist if the City promptly advises the YMCA of the City’s
intention to duly institute all steps necessary to cure such default and the City promptly
commences cure of such failure or violation within such thirty (30) day period and diligently
pursues such cure to completion but such additional time for cure shall not exceed one hundred
eighty (180) days after receipt of the initial written notice to the City by the YMCA;
c. the City’s uncured default under the Development Agreement.
Section 11.3 Remedies Upon YMCA Event of Default. Upon the occurrence of a
YMCA Event of Default, the City will have the right to exercise any one or more of the
following remedies:
a. terminate this Agreement upon written notice to the YMCA and lease to or allow
use of the Facility by another Person;
b. re-enter and take possession of the Facility and lease to or allow use of the
Facility by another Person, or cause the Facility to be managed by the City; or
c. seek specific performance or other equitable relief;
d. correct such default whereupon all of the City’s costs and expenses, including
reasonable attorneys’ fees and costs, incurred in curing such breach (together with interest at the
Prime Rate from the date of payment) shall be immediately due and payable by the City on
demand.
In the event that the City re-enters and takes possession of the Facility, whether or not it has
terminated this Agreement, the City will use commercially reasonable efforts to mitigate its own
damages, costs and expenses. In the event that the City secures another user of the Facility or
sells the Facility, after the City has been reimbursed or made whole for all of its damages, costs
and expenses, including the cost to the City of such action, incurred due to the YMCA Event of
Default, the City will apply the balance of any rent or use payment, or any sales proceeds
remaining to mitigate and minimize any amount due and owing by the YMCA under this Section
11.3.
Section 11.4 Remedies Upon City Event of Default. Upon the occurrence of a City
Event of Default, the YMCA will have the right to exercise any one or more of the following
remedies:
a. terminate this Agreement upon written notice to the City;
b. seek specific performance or other equitable relief;
[00868-0003/5054159/1] 25
c. obtain payments and costs from the City as liquidated damages; or
d. correct such default whereupon all of the YMCA’s costs and expenses, including
reasonable attorneys’ fees and costs, incurred in curing such breach (together with
interest at the Prime Rate from the date of payment) shall be immediately due and
payable by the City on demand.
Section 11.5 Injunctive Relief; Specific Performance. The Parties acknowledge that the
rights conveyed by this Agreement, and the covenants of the Parties are of a unique and special
nature, and that a violation of this Agreement may result in immediate and irreparable harm to
the City or the YMCA, as applicable, and that in the event of any such actual or threatened
breach or violation of this Agreement caused by such actions, the Party so harmed shall be
entitled as a matter of right to an injunction or a decree of specific performance from any equity
court of competent jurisdiction without the posting of any bond. The Parties waive the right to
assert the defense that a breach of this Agreement which results in the failure or inability can be
compensated adequately in damages in an action at law.
Section 11.6 Remedies Cumulative; Waiver. All rights and remedies set forth in this
Agreement are cumulative and in addition to the Parties' rights and remedies at law or in equity.
A Party's exercise of any such right or remedy shall not prevent the concurrent or subsequent
exercise of any other right or remedy. A Party's delay or failure to exercise or enforce any rights
or remedies shall not constitute a waiver of any such rights, remedies, or obligations. No Party
shall be deemed to have waived any default unless such waiver is expressly set forth in an
instrument signed by such Party. If a Party waives in writing any default, then such waiver shall
not be construed as a waiver of any covenant or condition set forth in this Agreement, except as
to the specific circumstances described in such written waiver. Neither payment of a lesser
amount than the sum due hereunder nor endorsement or statement on any check or letter
accompanying such payment shall be deemed an accord and satisfaction, and the other Party may
accept the same without prejudice to the right to recover the balance of such sum or to pursue
any other remedy. In no event shall either Party be entitled to consequential or incidental
damages against the other Party and in no event shall either Party have any liability or
responsibility for consequential or incidental damages to any Person.
Section 11.7 No Liability of Members, Directors or Officers. All covenants,
stipulations, promises, agreements, and obligations of the Parties contained herein shall be
deemed to be covenants, stipulations, promises, agreements, and obligations of the Parties and
not of any member, director, officer, employee, or agent of the Parties in his or her individual
capacity, and no recourse shall be had for any Claim hereunder against any member, director,
officer, employee, or agent of the Parties in such capacity.
ARTICLE 12
REPRESENTATIONS AND WARRANTIES
Section 12.1 City’s Representations and Warranties. The City represents and warrants
to the YMCA as follows as of the Effective Date:
[00868-0003/5054159/1] 26
a. Organization. The City is a municipal corporation, duly organized, validly
existing, and in good standing under the Laws of the State.
b. Authorization, Validity and Enforceability. The City is authorized and
empowered by Minnesota law, including the City’s Statutory Authority, to construct, operate and
maintain the Facility, to enter into this Agreement and to perform the transactions contemplated
hereby and thereby, and to carry out its obligations under this Agreement. The City has all
requisite power and authority to enter into this Agreement and to carry out the actions
contemplated hereby. The execution, delivery, and performance by the City of this Agreement
have been duly authorized and approved by all necessary City action. This Agreement, when
executed, shall constitute the valid and legally binding obligations of the City, enforceable
against it in accordance with its terms.
c. No Conflicts. The execution, delivery, and performance of this Agreement shall
not result in a violation of, in any material respect, any provision of any other agreements,
charters, instruments, contracts, judgments, or decrees to which the City is a party or by which
the City or its assets may be bound or affected.
d. No Violation of Laws. The City has complied in all material respects with all
Laws and is not in default with respect to any judgment, order, injunction, or decree of any court,
administrative agency, or other Governmental Authority that is in any respect material to the
transactions contemplated in and by this Agreement.
e. Litigation. There is no action, suit, proceeding, or investigation at law or in equity
or by or before any Governmental Authority now pending or threatened against the City seeking
to restrain or prohibit, or seeking Damages or other relief in connection with, the execution of
this Agreement and the performance of the transactions contemplated herein or the performance
of the City hereunder.
f. Facility. The City will use its best efforts to cause the Facility to be completed
pursuant to the Development Agreement, subject to Force Majeure and the City obtaining full
funding for the costs of constructing the Facility. The Facility will be constructed in a good and
workmanlike manner, will meet all applicable building codes and Law and will be approved for
occupancy and operation by all officials having jurisdiction over the Facility before the YMCA
commences operations at the Facility.
Section 12.2 YMCA’s Representations and Warranties. The YMCA represents and
warrants to the City as follows as of the Effective Date:
a. Organization. The YMCA is a nonprofit corporation duly organized, validly
existing, and in good standing under the Laws of the State, and is an organization exempt from
federal income tax under Code Section 501(c)(3).
b. Authorization, Validity and Enforceability. The YMCA has all requisite power
and authority to enter into this Agreement and to carry out the actions contemplated hereby. The
execution, delivery, and performance of all obligations of the YMCA under this Agreement have
[00868-0003/5054159/1] 27
been duly authorized and approved by all necessary YMCA action. All corporate action
necessary for the authorization, execution, delivery, and performance of all obligations of the
YMCA under this Agreement has been taken. All consents and approvals of any Person required
in connection with the execution of this Agreement have been obtained. This Agreement, when
executed, shall constitute the valid and legally binding obligations of the YMCA, enforceable
against it in accordance with its terms.
c. No Conflicts. The execution, delivery, and performance of this Agreement shall
not result in a violation of, in any material respect, any provision of any other agreements,
charters, instruments, contracts, judgments, or decrees to which the YMCA are a party or by
which the YMCA or their assets may be bound or affected, including any by-laws, rules,
regulations or other agreements of the YMCA , nor shall the execution, delivery, and
performance of this Agreement result in the breach of or constitute a default under any loan or
credit agreement, or other agreement or instrument to which the YMCA are a party or by which
the YMCA or its assets may be bound or affected.
d. No Violations of Laws. The YMCA have complied in all material respects with
all Laws and are not in default with respect to any judgment, order, injunction, or decree of any
court, administrative agency, or other Governmental Authority that is in any respect material to
the transactions contemplated in and by this Agreement.
e. Litigation. There is no action, suit, proceeding, or investigation at law or in
equity or by or before any Governmental Authority now pending or threatened against the
YMCA seeking to restrain or prohibit, or seeking Damages or other relief in connection with, the
execution of this Agreement and the performance of the transactions contemplated herein or the
performance of the YMCA hereunder.
ARTICLE 13
MISCELLANEOUS
Section 13.1 Memorandum of Agreement. This Agreement shall not be recorded, but
at the request of either Party, the Parties shall promptly execute, acknowledge and deliver to each
other a memorandum of agreement in the form of Exhibit C (and a memorandum of
modification of agreement in respect of any modification of this Agreement) sufficient for
recording. Such memoranda shall not be deemed to change or otherwise affect any of the
obligations or provisions of this Agreement.
Section 13.2 Further Actions. The Parties, whenever and as often as each shall be
reasonably requested to do so by the other Party, shall execute or cause to be executed any
further documents and take any further actions as may be reasonably necessary or expedient in
order to consummate the transactions provided for in, and to carry out the purpose and intent of,
this Agreement. Furthermore, the Parties shall take all actions and proceedings reasonably
necessary or appropriate to remedy any apparent invalidity, lack or defect in authorization, or
illegality, or to cure any other defect that has been asserted or threatened. The Parties further
covenant and agree to cooperate and assist each other in the creation, establishment, granting or
conveying, either by easement, declaration, license or any other instrument or agreements
[00868-0003/5054159/1] 28
(whether recorded or unrecorded) as the Parties may deem necessary or reasonably advisable, to
provide for the continued and uninterrupted use of Utilities, ingress/egress, and other easements
necessary for the operation of the Facility.
Section 13.3 Good Faith. In exercising its rights and fulfilling its obligations under this
Agreement, each of the Parties shall act in good faith. Notwithstanding the foregoing, each Party
acknowledges that in each instance under this Agreement where a Party is obligated to exercise
good faith or to use good faith, diligent or other similar efforts, such Party shall not be required
to expend any funds or grant any other consideration of any kind in the performance of such
undertaking, and each Party further acknowledges that the obligation of any Party to act in good
faith or undertake good faith, diligent or other similar efforts does not constitute a warranty,
representation or other guaranty that the result that the Parties are attempting to achieve shall be
successfully achieved and no Party shall be liable for any failure to achieve the result or results
intended so long as the Party has complied with its obligation to act in good faith.
Section 13.4 Notice of Matters. In the event that any Party receives knowledge about
any matter that may constitute a breach of any of its warranties or covenants set forth in this
Agreement that arises after the date of this Agreement, it shall promptly notify the other Party of
the same in writing.
Section 13.5 Form of Notices; Addresses.
All notices, requests, consents, or other communications required under this Agreement
shall be in writing and shall be deemed to have been properly given if served personally or if sent
by United States registered or certified mail or overnight delivery service to the Parties as
follows (or at such other address as a Party may from time to time designate by notice given
pursuant to this Section):
To the YMCA:
St. Cloud Area Family YMCA
2001 Stockinger Drive
St. Cloud, MN 56303
Attn: Executive Director
With a copy to: Rinke Noonan
1015 West St. Germain, Suite 300
P.O. Box 1497
St. Cloud, MN 56302
Attn: Scott G. Hamak
To the City: City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
Attn: City Administrator
[00868-0003/5054159/1] 29
Each notice shall be deemed given and received on the date delivered if served personally
or by overnight delivery service or, if sent by United States registered or certified mail, then one
(1) Business Day after its delivery to the address of the respective Party, as provided in this
Article, except that with respect to the notices pertaining to matters that are to be accomplished
within less than three (3) Business Days (e.g., requests for consent when the Person whose
consent is sought has one (1) Business Day to respond in the granting or denying of such
consent), notice shall be deemed given simultaneously with its delivery. Notices sent by a
Party's counsel shall be deemed notices sent by such Party.
Section 13.6 Force Majeure. The non-occurrence of any condition under this Agreement
shall not give rise to any right otherwise provided in this Agreement when such failure or non-
occurrence is due to the occurrence of a Force Majeure condition and without the fault of the
Party claiming an extension of time to perform. An extension of time for any such cause, if any,
shall be limited to the period of delay due to such cause, which period shall be deemed to
commence from the time of the commencement of the cause; provided, however, that if notice by
the Party claiming such extension is sent to the other Party more than thirty (30) days after the
commencement of the cause, the period shall be deemed to commence thirty (30) days prior to
the giving of such notice. Times of performance under this Agreement also may be extended as
mutually agreed upon in writing by the City and the YMCA. However, failure to agree to a
proposed extension of time for performance shall not be deemed grounds for delay or failure to
timely cure a YMCA Event of Default or City Event of Default under this Agreement.
Section 13.7 Calculation of Time. Unless otherwise stated, all references to “day” or
“days” shall mean calendar days. If any time period set forth in this Agreement expires on other
than a Business Day, such period shall be extended to and through the next succeeding Business
Day.
Section 13.8 Time is of the Essence. Time is of the essence with respect to the
performance of each of the covenants and obligations contained in this Agreement to which time
is a factor.
Section 13.9 Incorporation by Reference. All exhibits, schedules, or other attachments
referenced in this Agreement are hereby incorporated into this Agreement by such reference and
are deemed to be an integral part of this Agreement.
Section 13.10 Entire Agreement. Except as otherwise provided in this Agreement, this
Agreement contains the sole and entire agreement between the Parties with respect to its subject
matter and supersedes any and all other prior written or oral agreements between them with
respect to such subject matter.
Section 13.11 Amendment. No amendment, modification, or termination of this
Agreement shall be valid unless in writing and duly executed by the Parties. Any changes,
alterations, or modifications to this Agreement must be agreed to, in writing, by the
Commissioner.
Section 13.12 Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the City and the YMCA, and their respective successors and assigns.
[00868-0003/5054159/1] 30
Section 13.13 Headings. The headings contained in this Agreement are for convenience
of reference only and shall not limit, extend, or otherwise affect the meaning hereof.
Section 13.14 No Presumption Against Drafter. This Agreement has been negotiated
at arm’s length and between Persons sophisticated and knowledgeable in the matters dealt with
herein. In addition, each Party has been represented by experienced and knowledgeable legal
counsel. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of
the Parties, without any presumption against the Party responsible for drafting any part of this
Agreement.
Section 13.15 Severability. If any term or provision of this Agreement or the application
thereof to any Person or circumstance shall, to any extent, be inconsistent with, invalid or
unenforceable under any Laws or Legal Requirements, the remainder of this Agreement or the
application of such term or provision to Persons or circumstances, other than those as to which it
was held invalid or unenforceable, shall not be affected thereby and each term or provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by such Laws or
Legal Requirements.
Section 13.16 Third Party Beneficiaries. Nothing in this Agreement, express or
implied, is intended to (a) confer upon any Person other than the Parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third-
party beneficiary or otherwise except as specifically provided in this Agreement, or (b) authorize
anyone not a Party to this Agreement to maintain an action pursuant to or based upon this
Agreement.
Section 13.17 Governing Law; Venue. This Agreement shall be governed by and
construed in accordance with the Laws of the State of Minnesota, notwithstanding its conflicts of
law or choice of law provisions. All matters, whether sounding in tort or in contract, relating to
the validity, construction, performance, or enforcement of this Agreement shall be controlled by
and determined in accordance with the laws of the State of Minnesota, and the Parties agree that
all legal actions with respect to or arising from any provision contained in this Agreement shall
be initiated, filed and venued exclusively in the State of Minnesota, Stearns County, District
Court and shall not be removed therefrom to any other federal or state court.
Section 13.18 Counterparts. This Agreement may be executed and delivered in one or
more counterparts, each of which shall be deemed to be an original and all of which, taken
together, shall be deemed to be one agreement. Facsimile, emailed pdf and electronic signatures
shall be sufficient for all purposes.
Section 13.19 Relationship of Parties. Nothing contained in this Agreement shall be
deemed or construed as creating a partnership or joint venture among the Parties.
Section 13.20 Estoppel Certificate. Each of the City and the YMCA, respectively,
agrees that at any time and from time to time within fourteen (14) Business Days after receipt of
a written request by the other Party, the YMCA or the City, as the case may be, shall execute,
acknowledge and deliver to the other Party a statement in writing certifying: (a) that this
[00868-0003/5054159/1] 31
Agreement is unmodified and in full force and effect or, if there have been modifications, that
the same is in full force and effect as modified and identifying the modifications; (b) that the City
or the YMCA, as the case may be, are not, to knowledge of the City or the YMCA, as the case
may be, in default under any provisions of this Agreement or, if there has been a default, the
nature of such default; (c) that all work with respect to the Facility to be performed by the City or
the YMCA, as the case may be, under this Agreement has been performed or, if not so
performed, specifying the work to be performed; and (d) any other matter that the City or the
YMCA, as the case may be, or such prospective mortgagee or other lender shall reasonably
request.
Section 13.21 Termination Prior to Commencement Date. Prior to the
Commencement Date, this Agreement shall automatically terminate concurrently and in
connection with the termination of the Development Agreement.
Section 13.22 Development Agreement. Prior to the Commencement Date, the
provisions of the Development Agreement which differ from those in this Agreement shall be
interpreted as complementing those in this Agreement where they do not conflict and as
superseding those in this Agreement where they do conflict.
Section 13.23 Dispute Resolution. The Representatives of the City and the YMCA shall
endeavor to first resolve any disputes by negotiation in good faith to achieve a mutually
acceptable resolution of the matter. In the event such Representatives are unable to resolve the
dispute in a mutually acceptable manner within 60 days of the commencement of such
negotiations or if an impasse in such negotiations is declared by a Representative within such
time period, then the Parties will submit the matter to mediation. The mediation shall be
conducted by a single third-party neutral mediator mutually acceptable to the Parties using
procedures to be determined by the mediator. If the Parties are unable to agree on a mediator
within 15 calendar days (or such longer period as is agreed upon by such Parties) after an
impasse has been declared or the time period has expired under this Section, each Party shall
nominate a proposed mediator and such nominated mediators shall mutually agree on a neutral
mediator. If the Party-nominated mediators are unable to agree on a neutral mediator within 10
calendar days after being asked to do so, the Parties may submit the selection to the Chief Judge
of the District Court of the State Courts of Minnesota, 7th Judicial District (or such other court of
competent jurisdiction as may be established), who shall select the neutral. All mediations shall
be conducted in compliance with the Minnesota Civil Mediation Act, over such period of time
and at such times and locations as the neutral mediator determines until the earlier of (i) the
dispute is resolved as agreed upon by the involved Parties, (ii) the mediator determines that the
dispute cannot be resolved through mediation, or (iii) 90 days after commencement of the
mediation. Except as hereinafter provided, the Parties shall share the mediator’s fees equally and
the mediation shall be held in Stearns County, Minnesota. Attorneys’ fees and costs advanced as
part of the dispute resolution process shall be addressed as part of the mediation. If the parties do
not resolve the dispute through mediation, the dispute may proceed to litigation.
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[00868-0003/5054159/1] S-1
The City of St. Joseph, a municipal
corporation of the State of Minnesota
By________________________________
Rick Schultz, Mayor
By________________________________
Kayla Klein, City Clerk
St. Cloud Area Family Y.M.C.A., a
Minnesota nonprofit corporation
By________________________________
Greg Gack, Executive Director
[00868-0003/5054159/1] A-1
EXHIBIT A
REAL PROPERTY
Lot 3, Block 1, St. Joseph City Hall Addition, Stearns County, Minnesota
[00868-0003/5054159/1] B-1
EXHIBIT B
SITE PLAN
(attached)
[00868-0003/5054159/1] B-2
[00868-0003/5054159/1] B-3
[00868-0003/5054159/1] B-4
[00868-0003/5054159/1] C-1
EXHIBIT C
MEMORANDUM OF AGREEMENT
The City of St. Joseph, a municipal corporation of the State of Minnesota, with an
address of 75 Callaway Street E, St. Joseph MN 56374 (the “City”), and St. Cloud Area Family
Y.M.C.A., a Minnesota nonprofit corporation, with an address of 2001 Stockinger Drive, St.
Cloud, MN 56303 (the “YMCA”), make this Memorandum of Agreement (this
“Memorandum”) effective as of ____________________, 2023 (the “Effective Date”).
1. Lease of Facility. Pursuant to the terms and conditions of that certain Facility
Lease Agreement dated _____________, 2023, between the City and the YMCA (the “Lease”),
the City has leased to the YMCA the Facility (as defined in the Lease) located on a portion of the
real property in the City of St. Joseph, Minnesota, legally described as Lot 3, Block 1, St. Joseph
City Hall Addition, Stearns County, Minnesota.
2. Initial Term and Extended Terms. The Lease’s initial term is for a period of
twenty (20) Lease Years commencing on ___________, 2023, and ending on ___________,
2043 (the “Initial Term”). Subject to the terms and conditions of the Lease, the YMCA has the
right to extend the Initial Term for two (2) consecutive additional periods of twenty (20) Lease
Years each following the Initial Term (each, an “Extended Term”).
3. Lease Terms. The terms and conditions of the Lease are incorporated by
reference into this Memorandum as if set forth fully herein at length. Capitalized terms that are
not defined herein shall have the meanings given them in the Lease. This Memorandum is not a
complete summary of the Lease, does not modify the Lease’s terms and none of this
Memorandum’s provisions shall be used in interpreting the Lease’s provisions. In the event of
any conflict between this Memorandum and the Lease, the Lease shall control. The Lease may
be amended by the City and the YMCA from time to time without the preparation or filing of an
additional memorandum or an amendment to this Memorandum.
4. Counterparts. This Memorandum may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
[Signature pages follow]
[00868-0003/5054159/1] C-2
The City of St. Joseph, a municipal corporation of
the State of Minnesota
By________________________________
Rick Schultz, Mayor
By________________________________
Kayla Klein, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ____________ )
On this ______ day of _________, 2023, before me, a Notary Public for this County,
personally appeared Rick Schultz, who, being by me duly sworn, did say that he is the Mayor of
The City of St. Joseph, a municipal corporation of the State of Minnesota, and that this
instrument was signed on behalf of said corporation by authority of its Board of Directors and
acknowledged said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ____________ )
On this ______ day of _________, 2023, before me, a Notary Public for this County,
personally appeared Kayla Klein, who, being by me duly sworn, did say that she is the City
Clerk of The City of St. Joseph, a municipal corporation of the State of Minnesota, and that this
instrument was signed on behalf of said corporation by authority of its Board of Directors and
acknowledged said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public
[00868-0003/5054159/1] C-3
St. Cloud Area Family Y.M.C.A., a
Minnesota nonprofit corporation
By________________________________
Greg Gack, Executive Director
STATE OF MINNESOTA )
) SS
COUNTY OF ____________ )
On this ______ day of _________, 2023, before me, a Notary Public for this County,
personally appeared Greg Gack, who, being by me duly sworn, did say that he is the Executive
Directory of St. Cloud Area Family Y.M.C.A., a Minnesota nonprofit corporation, and that this
instrument was signed on behalf of said corporation by authority of its Board of Directors and
acknowledged said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Rinke Noonan (HAM)
1015 W. St. Germain St., Suite 300
P.O. Box 1497
St. Cloud, MN 56302-1497
(320) 251-6700
File No. 00868-0003
[00868-0003/5054503/1] 1
DEVELOPMENT AGREEMENT
The City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”)
and the St. Cloud Area Family Y.M.C.A., a Minnesota nonprofit corporation (the “YMCA”)
enter into this Development Agreement (this “Agreement”) effective as of ________________,
2023 (the “Effective Date”).
RECITALS
A. The City is a Minnesota municipal corporation that among other things owns,
maintains and operates land, facilities and programs for youth and community
recreation.
B. The City owns the Site on which the City intends on constructing a community
recreational facility.
C. Under the provisions of the City’s Statutory Authority, the City is authorized to
construct the Facility on the Site and to expend funds for the operation and
maintenance of the Facility and the operation of the Governmental Program as
part of the City’s program of public recreation, and to directly operate such
program.
D. The City has determined that the construction, financing and operation of the
Facility on the Site (i) serves a public purpose, (ii) is in the best interests of the
City, (iii) provides a broad range of multigenerational civic, community, social,
educational, cultural, athletic and recreational activities and programs, and (iv) is
in furtherance of the Governmental Program and the City’s program of public
recreation and promotion of the health and wellness of the City.
E. The YMCA is a 501(c)(3) Minnesota nonprofit corporation that operates a
community recreational facility providing a broad range of multigenerational
civic, community, social, educational, cultural, athletic and recreational activities
and programs promoting healthy living, youth development and social
responsibility.
F. The YMCA has substantial experience and expertise in operating and managing
community recreational facilities similar to the Facility.
G. The City has determined that the YMCA possesses the personnel and resources to
assist the City in furthering the Governmental Program by leasing, managing and
operating the Facility.
H. The City and the YMCA previously entered into a Partnership Agreement dated
September 7, 2021 (the “Memorandum of Understanding”) which outlined
general terms and conditions of the facility’s design, construction and operation,
and allowed the City and the YMCA to begin the planning, design and
development of the facility.
[00868-0003/5054503/1] 2
I.Contemporaneously with entering into this Agreement, the City and the YMCA
have also entered into a Facility Lease Agreement dated as of the Effective Date
(the “Facility Lease Agreement”) regarding the YMCA’s lease, use and
operation of the completed Facility.
J.The City and the YMCA are executing this Agreement to provide for the
planning, design, financing, development and construction of the Facility.
K.The Parties intend this Agreement and the Facility Lease Agreement to be the
definitive final agreement between the Parties with respect to the Facility. Upon
the effectiveness of this Agreement and the Facility Lease Agreement, the Parties
intend that the Memorandum of Understanding will automatically terminate.
In consideration of the Recitals, which are incorporated into this Agreement, the Parties’
mutual promises, undertakings and covenants in this Agreement and for other good and valuable
consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as
follows:
ARTICLE 1
DEFINITIONS
Section 1.1 Defined Terms. In addition to other terms defined herein, the following
terms used in this Agreement will have the following meanings unless the context indicates
otherwise:
“Agreement'” means this Development Agreement by and between the City and the
YMCA, as may be amended, modified or supplemented from time to time.
“Architect” means HMA Architects, Ltd., a Minnesota corporation, and such firm’s
consultants, which together will provide design, architectural and contract administration services
for the Project pursuant to the Design Services Agreement.
“Building” means the approximately 45,000 square foot community recreational facility,
including a gymnasium, indoor walking track, sport courts, locker rooms, fitness center (cardio,
strength and fitness studio), youth program studio and kidzone, wellness center, social space,
swimming pool and related improvements, components and amenities to be constructed and
located on the Site, and any other improvements thereafter constructed on the Site.
“Business Day” means any day other than a Saturday, Sunday or other day on which
banks are required or authorized to close in St. Joesph, Minnesota.
“Campaign” means the City’s capital campaign to raise Campaign Funds for the Project.
“Campaign Funds” means donations, gifts, grants, contributions and other revenues of
the Campaign from donors, including local or national foundations, corporations or other
businesses, individuals or private foundations or government entities.
[00868-0003/5054503/1] 3
“Change Orders" means any change orders or change directives that amend or modify
the Contract Documents.
“City” means the City of Saint Joseph, a municipal corporation of the State.
“City Funds” means the amounts contributed by the City for the Project from local
option sales tax or other revenue sources.
“City Council” means the city council of the City.
“City Indemnified Persons” means the City and its elected officials, appointed officials,
council members, officers, employees, agents, representatives and attorneys.
“City Representative” means the City's administrator, the administrator’s designee, or
any successor Person designated by the City Council upon written notice to the YMCA.
“City’s Statutory Authority” means Minnesota Statutes, Sections 412.211; 412.221,
Subd. 3; 412.221, Subd. 32; 412.491; 471.15; 471.16; 471.17 and 471.191.
“Claim” means any claim, demand, action, proceeding or dispute between or among the
Parties or other Persons relating to this Agreement or the Project.
“Commencement Date” means the date that construction of the Facility commences,
which Commencement Date shall be on or before September 1, 2025, or such later date the
Parties agree upon.
“Concept Design Documents” means the preliminary project work plan, pre-design
document, concept sketches and renderings illustrating the scale and relationship of the Facility
components prepared by the Architect.
“Construction Contract” means a construction contract between a Contractor and the
City regarding the performance of construction work or activities for the Project.
“Construction Documents” means the construction documents, as defined in the Design
Services Agreement, prepared by the Architect and approved by the Parties which illustrate and
describe the development of the approved Design Development Documents, consist of Drawings
and Specifications setting forth in detail the quality levels of materials and systems and other
requirements for construction of the Facility, incorporate the design requirements of any
Governmental Authorities having jurisdiction over the Facility, and describe the size, character,
appearance, functionality, design, construction, materials, finishes, structural and mechanical,
electrical and all other systems, amenities and components of the Facility.
“Construction Manager” means W. Gohman Construction Co., which will provide
construction services and administration for the Project pursuant to the Construction Services
Agreement.
[00868-0003/5054503/1] 4
“Construction Services Agreement” means that certain Standard Form of Agreement
between Owner and Construction Manager as Constructor, by and between the City and the
Construction Manager, as may be amended, modified or supplemented from time to time.
“Construction Team” means the Architect, the Construction Manager, the YMCA
Representative, the City Representative and any other Persons deemed necessary by the City and
the YMCA to assist in the Project’s planning, design, development or construction.
“Contamination” means the presence or release or threat of release of Regulated
Substances in, on, under or emanating to or from the Site, which pursuant to Environmental
Laws requires notification or reporting to any Governmental Authority, or which pursuant to
Environmental Laws requires the identification, investigation, cleanup, removal, remediation,
containment, control, abatement, monitoring of or other Response Action to such Regulated
Substances, or which otherwise constitutes a violation of Environmental Laws.
“Contract Documents” means this Agreement, the Design Services Agreement, the
Construction Services Agreement, the Purchasing Agent Agreement, the final Construction
Documents, any Construction Contract, any Change Orders or other equivalent construction
contract documents entered into by either of the Parties to develop, construct and complete the
Project.
“Contractor” means the prime contractor and any other contractors or Persons who
perform construction work for the Project pursuant to a Construction Contract.
“Cost Overrun” means any Project Costs that exceed the approved Project Budget.
“Critical Design Decisions” means critical design decisions necessary to maintain the
Design Delivery Schedule, construction schedule and Project Schedule, and decisions regarding
the Minimum Design Standards and Project Budget.
“Damages” means any loss, liability, claim, damage, cost and expense, including costs of
investigation and defense and reasonable attorneys' fees, whether the action is for money
damages, or for equitable or declaratory relief. In no event shall Damages against either Party
include incidental or consequential damages.
“Declaration” means a declaration in the form required by the State Grant Agreement
indicating that the City’s ownership interest in the Real Property and the Facility is bond
financed property within the meaning of the G.O. Compliance Legislation and is subject to
certain restrictions imposed thereby.
“Default Interest Rate” means an amount equal to the then current prime interest rate as
published by the Wall Street Journal, or its successor publication, as that rate may change from
time to time, and added to it an amount equal to two percent (2%) per annum.
“Design Delivery Schedule” means the schedule covering design services to be
performed by the Design Team set forth in the Design Services Agreement, or as otherwise
agreed upon by the Architect and the Parties.
[00868-0003/5054503/1] 5
“Design Development Documents” means the Drawings, Specifications and other design
development documents prepared by the Architect and approved by the Parties which illustrate
and describe the development of the approved Schematic Design Documents and fix and
describe the Project’s size and character as to architectural, civil, structural, landscape,
mechanical and electrical systems, signage and such other elements as may be appropriate, and
which include typical construction details, equipment layouts and specifications that identify
major materials and systems and establish in general their quality levels all in sufficient detail to
define for the Parties the Project’s entire scope, character and quality, all as more specifically
described in the Design Services Agreement.
“Design Documents” means, as applicable, the Concept Design Documents, the
Schematic Design Documents, the Design Development Documents and the Construction
Documents.
“Design Services Agreement” means that certain Standard Form of Agreement between
Owner and Architect, Construction Manager as Constructor Edition, dated February 17, 2022, by
and between the City and the Architect, as may be amended, modified or supplemented from
time to time.
“Design Team” means the Architect and its sub-consultants.
“Drawings” means graphic or pictorial portions of the Design Development Documents
prepared by the Architect which show, among other things, the design, location and dimensions
of the work, generally including plans, elevations, sections, typical construction details, and
diagrammatic layouts.
“Effective Date” has the meaning set forth in the preamble.
“Environmental Law(s)” means all Laws, including, without limitation, any consent
decrees, settlement agreements, judgments, or orders, issued by or entered into with a
Governmental Authority pertaining or relating to the presence, use, management, generation,
processing, treatment, recycling, transport, storage, collection, disposal or release or threat of
release of Regulated Substances or Contamination.
“Environmental Report” means a Phase I environmental site assessment report prepared
for the Site by a Project Consultant.
“Event of Default” has the meaning set forth in Article 8 of this Agreement.
"Exterior Area" means the parking lots, access drives, sidewalks, trails, patios, lawn and
landscaped areas, open spaces, stormwater ponds, utility lines, and other exterior areas and
improvements located on the Site outside of the Building.
“Facility” means the Building, the Exterior Area and the FF&E, and any alterations,
additions, modifications or replacements thereto.
[00868-0003/5054503/1] 6
“Facility Lease Agreement” means the Facility Lease Agreement dated as of the
Effective Date and entered into between the City and the YMCA with respect to the Facility, as
the same may be amended, modified or supplemented from time to time.
“FF&E” means all improvements, fixtures, furnishings, equipment and other personal
property constructed, installed or placed in or upon (and constituting part of) the Building and the
Exterior Area and owned by the City, and all repairs, modifications or replacements thereof and
thereto. The FF&E shall not include any of the YMCA Personal Property.
“Force Majeure” means acts of God, accidents, fire or other casualty, earthquake,
hurricane, tornadoes, named storms, flood, war, riot, intervention by civil or military authorities
of government, insurrection or other civil commotion, governmental action (excluding any
governmental action or inaction with respect to the granting or withholding of any governmental
approvals or Permits needed for the construction or operation of the Facility), material shortages,
strikes, boycotts, lockouts or labor disputes (but not including player labor stoppages, whether
attributable to strikes or lockouts), or any other similar or like event or occurrence beyond the
reasonable control of a Party, that causes such Party to be delayed or hindered in, or prevented
from, the performance of any covenant or obligation hereunder. Unavailability of funds shall not
constitute Force Majeure.
“Geotechnical Report” means a geotechnical report prepared for the Site by a Project
Consultant, as may be supplemented and updated.
“GMP” means a guaranteed maximum price, and all contractual services and obligations
to be performed for that price, pursuant to the Construction Services Agreement, or any
successor agreement, as certified in the GMP Certification.
“GMP Certification” means the Guaranteed Maximum Price Amendment executed by
the City and the Construction Manager which amends the Construction Services Agreement and
sets forth the agreed upon GMP.
“G.O. Bonding Legislation” means specific language contained in 2020 Minnesota
Laws, Fifth Special Session, Chapter 3, Article 1, Section 21, Subdivision 37, as it may be
amended, modified or relaced from time to time.
“G.O. Compliance Legislation” means Minnesota Statutes, Section 16A.695, as it may
be amended, modified or relaced from time to time.
“Governmental Authority” means any federal, state, county, city, local or other
government or political subdivision or any agency, authority, board, bureau, commission,
department or instrumentality thereof.
“Governmental Program” means the operation, management, maintenance and use of
the Facility in furtherance of the City’s program of public recreation and promotion of the health
and wellness of the City pursuant to the City’s Statutory Authority.
[00868-0003/5054503/1] 7
“Law” or “Laws” means any law, statute, code, ordinance, rule, regulation, standards,
permits, requirements orders or constitutional or charter provision that have been duly enacted,
adopted, implemented, ordered, issued, entered or deemed applicable by or under authority of
any Governmental Authority and are applicable to this Agreement, the Parties’ performance of
their obligations under this Agreement and the Project’s design, development, construction,
equipping, use, occupancy, possession, operation, maintenance and management.
“Memorandum of Understanding” has the meaning set forth in the Recitals.
“Minimum Design Standards” means the Project’s minimum design standards
developed and agreed upon by the Parties which is consistent with the Site Plan.
“MPCA” means the Minnesota Pollution Control Agency.
“Party” or “Parties” means either or both of the City and the YMCA, as applicable.
“Permits” means any permit, license or approval to be issued by any Person required for
the construction, installation, alteration or repair of any improvements related in any manner to
the Project.
“Permitted Encumbrances” means only the following liens and encumbrances on the
Site’s title: (a) this Agreement, (b) the Facility Lease Agreement, (c) the Declaration, (d) platted
easements in effect as of the Effective Date, (e) liens and encumbrances granted or caused by the
City, with the YMCA’s written consent, and (f) and easements that do not materially restrict or
interfere with the YMCA’s use, possession or Operation of the Facility.
“Person” means any natural person, sole proprietorship, corporation, partnership, trust,
limited liability company, limited liability association, unincorporated association, joint venture,
joint-stock company, Governmental Authority, or any other entity.
“Program” means a program for the Facility’s use agreed to by the Parties.
“Project” means the Facility, the YMCA Personal Property and all activities relating to
the planning, design, financing, development and construction of the Facility.
“Project Account(s)” means the account or accounts to be established by the City for the
deposit, administration and disbursement of Project Funds.
“Project Agreements” means this Agreement, the Facility Lease Agreement, and any
other agreements, instruments or arrangements relating to the Project.
“Project Budget” means the Project’s budget which is established and agreed upon by
the Parties, does not exceed the total Project Funds and is comprised of all Project Costs
necessary or desirable to design, develop, finance, construct, and improve the Facility, including,
but not limited to: (a) construction costs, (b) FF&E, (c) financing costs, (d) site work, (e) access
drives, parking areas, landscaping and Exterior Area improvements, (f) site plans, the Survey,
[00868-0003/5054503/1] 8
Title Commitment, Environmental Report and Geotechnical Report, (g) Permits and approvals,
(h) Architect, Construction Manager and Purchasing Agent fees, and (i) Project Consultants.
“Project Costs” means all Project costs and expenses included in the Project Budget as
agreed to by the Parties.
“Project Consultants” means any consultants, sub-consultants, trade contractors or
vendors relating to the design, development and construction of the Project.
“Project Enhancement” means any additions or enhancements to the Project agreed
upon by the Parties that are paid for solely by either the YMCA or the City and which are not
included in Project Costs.
“Project Funds” means the State Grant, the City Funds and the Campaign Funds, which
Project Funds will total at least $24,000,000.
“Project Schedule” means the Project’s schedule approved by the Parties.
“Punchlist” means a list of incomplete or outstanding construction work which the
Parties mutually agree in good faith that must be completed pursuant to the Contract
Documents following Substantially Completion.
“Purchasing Agent” means W. Gohman Construction Co., which will provide
purchasing agent services pursuant to the Purchasing Agent Agreement.
“Purchasing Agent Agreement” means that certain agreement by and between the
Parties and the Purchasing Agent, as may be amended, modified or supplemented from time to
time, in which the Purchasing Agent will act as the Parties’ purchasing agent for the purchase of
certain tax-exempt materials, supplies and equipment to be used and incorporated into the
Project.
“Real Property” means the real property located in and owned by the City identified as
PID#84.53797.0952 and legally described on the attached Exhibit A.
“Regulated Substances” means any pollutant, toxic or hazardous waste or substance,
petroleum product, oil, asbestos, PCB or other substance regulated, prohibited, restricted or
controlled by any Laws related to the protection of health or the environment or posing a risk to a
person’s health and safety.
“Representative” or “Representatives” means one or more of the City Representative or
the YMCA Representative.
“Response Action” means the investigation, cleanup, removal, remediation, containment,
control, abatement, monitoring of or any other response action to the presence of Regulated
Substances or Contamination in, on, at under or emanating from the Site, including the
abatement or correction of any violation required pursuant to Environmental Laws or by a
Governmental Authority.
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“Schematic Design Documents” means the schematic design documents, as defined in
the Design Services Agreement, prepared by the Architect and approved by the Parties which
consist of drawings and other documents, including a site plan and preliminary building plans,
sections and elevations, and may include some combination of study models, perspective
sketches or digital modeling, and noting preliminary selections of major building systems and
construction materials.
“Site” means that portion of the Real Property where the Facility will be constructed and
located as shown on the Site Plan.
“Site Plan” means the site and building plan attached as Exhibit B, as it may be amended
by the Parties.
“Specifications” means the written specifications prepared by the Architect consisting of
the written requirements for materials, equipment, technical requirements and construction
systems, standards and workmanship for the work, and performance of related services.
“State” means the State of Minnesota.
“State Entity” means the Minnesota Department of Employment and Economic
Development.
“State Grant” means $4,000,000 allocated to the City by the State pursuant to the G.O.
Bonding Legislation.
“State Grant Agreement” means that certain General Obligation Bond Proceeds Grant
Agreement – Construction Grant entered into between the City and the State Entity.
“Statutory Authority” means Minnesota Statutes, Sections 471.15 through 471.191, as
may be amended.
“Substantial Completion” or “Substantially Complete(d)” means the work (or
separable units or phases as provided in the Contract Documents) is essentially and satisfactorily
complete in accordance with the Contract Documents, such that the Project has been completed
in accordance with the Contract Documents and applicable Laws and is ready for opening to the
general public and possession and use by the YMCA, except for minor items listed on the
Punchlist, none of which would materially interfere with or impair the YMCA’s use of the
Facility.
“Substantial Completion Certificate” means the certificate issued by the Architect and
delivered to the Parties following the Project’s Substantial Completion certifying that the Project
has been Substantially Completed.
“Substantial Completion Date” means the date on which both of the following have
occurred regarding the Facility: (a) the Architect has issued a Substantial Completion Certificate
to the Parties, and (b) the City has issued a certificate of occupancy.
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“Substantial Completion Deadline” means the date this is eighteen (18) months
following the Commencement Date, or such later date the Parties agree upon.
“Survey” means an ALTA survey of the Site prepared by a registered land surveyor,
addressed to the Parties and such other Persons as may be necessary or appropriate in connection
with financing the Project, complying with the “Minimum Standard Detail Requirements for
ALTA/ACSM Land Title Surveys”, jointly established and adopted by ALTA and NSPS in
2011, and shall include such Table A items as the Parties may reasonably require.
“Title Commitment” means a title commitment issued by a title company agreed upon
by the Parties for the Site on a current ALTA form, containing legible copies of all title
exceptions, and containing such other information and requirements as may be reasonably
identified by the Parties.
“Title Defect” means any lien, encumbrance, easement, license, right-of-way, covenant,
condition, restriction or other title defect encumbering the Site that is not a Permitted
Encumbrance.
“Title Evidence” means the Survey and the Title Commitment.
“YMCA” means the St. Cloud Area Family Y.M.C.A., a Minnesota nonprofit
corporation.
“YMCA Board” means the YMCA’s board of directors.
“YMCA Indemnified Persons” means the YMCA and its members, directors, board
members, officers, employees, agents, representatives and attorneys.
“YMCA Personal Property” means all of the inventory, furniture, furnishings,
equipment, trade fixtures, fitness equipment, signage, computers, telephones, office equipment
and other personal property which is owned by the YMCA, as the same may be repaired,
replaced, modified or supplemented from time to time.
“YMCA Representative” means the YMCA’s executive director/chief executive officer
(currently Greg Gack), the executive director’s designee, or any successor Person designated by
the YMCA upon written notice to the City.
Section 1.2 Construction of Terms. As the context of this Agreement may require,
terms in the singular shall include the plural (and vice versa) and the use of feminine, masculine
or neuter genders shall include each other. Wherever the word "including" or any variation
thereof is used herein, it shall mean "including, without limitation" and shall be construed as a
term of illustration, not a term of limitation. Wherever the words "and" or "or" are used herein,
they shall mean “and/or”.
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ARTICLE 2
PROJECT DESIGN AND CONSTRUCTION
Section 2.1 Collaborative Effort. Both Parties acknowledge and agree that the
planning, design, development, construction, improvement and equipping of the Project is a
collaborative effort. The City and the YMCA shall work and consult with each other in good
faith throughout the Project’s planning, design and construction process as necessary and
appropriate to complete the Project as provided in this Agreement. The Parties shall generally
manage and oversee the Project’s planning, design, development, construction, improvement and
equipping as provided in and consistent with this Agreement’s terms. Both Parties will ensure
that the Project is designed, constructed and developed in a manner that provides for and
enhances the YMCA’s use and operation of the Facility.
Section 2.2 Project Representatives. Each of the Representatives shall serve as the
agent and representative of the City and the YMCA, respectively. Each Party may remove and
replace its Representative at any time, with or without cause and without the approval of the
other Party, effective immediately upon written notice to the other Party. Each Party shall be
responsible for the compensation and expenses of its Representative. Unless otherwise provided
by a Party in writing, each Representative shall serve as each such respective Party’s exclusive
agent and representative, and is authorized to act on such Party’s behalf with respect to this
Agreement and the Project. Unless a Party directs otherwise in writing, each Party’s instructions,
communications, notices and submittals relating to this Agreement and the Project shall be issued
or made in writing (or as otherwise agreed to by the Parties) through each such Party’s
Representative. While each Party may have other representatives and agents involved in the
Project, official determinations by either Party will be made through such Party’s Representative.
Each Representative shall be responsible to obtain timely, appropriate and adequate authority
from its respective Party’s governing body or as required by law to act on such Party’s behalf.
Section 2.3 Project Meetings. The Representatives shall meet and confer at mutually
acceptable times and places to review and discuss the Project’s progress, discuss and resolve any
problems or issues, review schedules and budgets, and make any required joint decisions
regarding the Project and its design, development and construction. The Representatives shall
receive prior notice of, and shall have the right to attend, all major design, construction and other
meetings with the Architect, the Construction Manager or other Persons related to the Project.
Both Representatives shall be entitled to copies of all material documents, communications,
reports and notices that are provided to or received by either Party or the Construction Team in
all material matters arising from, in connection with or related to the Project and the Project
Agreements. No Party will withhold its presence or participation of its Representative to
prevent, delay or stall Project decisions. Project meetings may be conducted in person, by
telephone or video conference call. Except as may be otherwise provided in this Agreement, all
Project decisions requiring the approval of both Parties shall be effective only when made and
agreed upon by the affirmative vote or approval of each of the Party’s designated
Representatives. All such decisions may be memorialized in minutes or another writing
approved by the Representatives.
[00868-0003/5054503/1] 12
Section 2.4 City and YMCA Responsibilities. The City and YMCA Representatives
will generally manage and oversee the Project’s design and construction and will perform the
following responsibilities and finalize applicable documents pursuant to this Agreement:
a. Develop the Program, Minimum Design Standards, Design Delivery Schedule,
Project Budget and Project Schedule for approval by the Parties;
b. Approve commitments and expenditures under the Project Budget;
c. Finalize the Site’s boundaries and Site plan for the Parties’ approval;
d. Manage and direct the Architect, Construction Manager, Purchasing Agent and
Project Consultants in their delivery of services pursuant to the Contract Documents;
e. Review and manage any notices and claims under the Contract Documents;
f. Review and comment on any Project reports from the Design Team, Construction
Manager and other Project Consultants;
g. Monitor and determine the Project’s compliance with this Agreement, the Program,
the Project Budget, the Project Schedule, the Contract Documents, the Minimum
Design Standards and applicable Laws;
h. Review and approve (or disapprove) before submittal to the Parties for final approval,
any Change Orders or amendments to the Contract Documents or Project
Agreements; and
i. Undertake any other aspects of the Project where Representative oversight or
responsibility is given or required under this Agreement.
Section 2.5 Project Consultants. The City has selected the Architect and
Construction Manager for the Project, has or will engage the Purchasing Agent, has reviewed,
approved and executed the Design Services Agreement and the Construction Services
Agreement, and has or will review, approve and execute the Purchasing Agent Agreement. The
fees and expenses of the Architect, Construction Manager, the Purchasing Agent and any Project
Consultants shall be Project Costs. Other than a Change Order pursuant to this Agreement’s
terms, no amendment shall be made to the Contract Documents without the written consent of
both Parties. The Architect, Construction Manager, Purchasing Agent and Project Consultants
shall be directed in accordance with the terms of the Contract Documents and this Agreement.
Section 2.6 Program and Minimum Design Standards. The Parties have discussed
and developed a preliminary Program and Minimum Design Standards. The YMCA
Representative shall develop a final Program and Minimum Design Standards to be approved in
writing by both Parties. The final Minimum Design Standards shall attempt to control the
[00868-0003/5054503/1] 13
Project Costs and shall take into account the future operating and maintenance costs and effect
on the YMCA’s use and operation of the Facility without changing the quality requirements or
attributes of the Project. Any material change, modification or amendment to the final Program
or Minimum Design Standards must be approved in writing by both Parties.
Section 2.7 Project Design Process and Approvals. Upon completion of each
design phase for the Project (i.e., Concept Design Documents, Schematic Design Documents,
Development Design Documents and Construction Documents), the Architect will submit the
respective Design Documents along with the updated estimated Project Costs and Project
Schedule to the Representatives for their review, comment and approval. The Construction
Team shall regularly identify Critical Design Decisions necessary for the Project’s design and
construction to stay current with and meet the timing and deadlines of the Design Delivery
Schedule, construction schedule and Project Schedule which are essential for achieving the
timely completion of the design, commencement of construction and completion of the Project
within the Project Budget. For each respective design phase of the Project, the Representatives
will review the documents submitted, submit any comments to the other Representative and the
Architect in writing or as otherwise agreed by the Parties, and work in good faith and use
commercially reasonable efforts to reach agreement upon and approve Critical Design Decisions
for the Design Documents within the timeframe set forth in the Design Delivery Schedule, or as
otherwise determined by the Representatives. The Parties acknowledge and agree that the
Design Documents may be subject to further value engineering and design/budgetary changes.
Both Parties must approve in writing all Design Documents and any material change to any
Design Documents.
Section 2.8 Construction Documents. Upon completion and approval of the Design
Documents, the Architect shall prepare the Construction Documents based on the approved
Design Documents. The Representatives shall review the Construction Documents to determine
whether they are consistent with the approved Design Documents. Both Parties must approve
the Construction Documents in writing and any material change to the Construction Documents.
Section 2.9 GMP Certification. Unless otherwise agreed upon by the Parties, the
Project will be constructed as provided in the Construction Services Agreement, in which the
Construction Manager shall assume responsibility to construct the Project for a GMP that
includes all the required construction costs. As agreed upon by the Parties and provided in the
Construction Services Agreement, the Construction Manager shall prepare and provide a detailed
GMP proposal for the Project based upon the Design Documents. The Architect and
Construction Manager shall meet with the Representatives as reasonably requested to provide
information regarding the GMP proposal and any value engineering proposals. If the
Construction Manager’s GMP proposal is acceptable to both Parties, the City and the
Construction Manager shall execute a GMP Certification. The City and Construction Manager
will not execute a GMP Certification unless the final Minimum Design Standards, the Project
Program, the Project Budget and the Project Schedule have been developed, finalized and
approved by the Parties and the GMP is consistent with the foregoing. As a condition of GMP
Certification, the Parties will agree at the time of GMP Certification that the Design Documents
then existing meet and satisfy the final Minimum Design Standards. If both Parties are unable to
[00868-0003/5054503/1] 14
accept the Construction Manager’s GMP proposal and any revisions thereto, the Parties shall
discuss and cooperate in good faith to resolve any concerns.
Section 2.10 Project Construction. Following GMP Certification, the City shall be
responsible to develop and construct the Facility in a good and workmanlike manner in
conformance with all applicable Laws, the Site Plan, the Design Documents, the Construction
Documents and this Agreement. The City Representative will have the right to interpret the
provisions of the Design Services Agreement, the Construction Services Agreement and the
Purchasing Agent Agreement; provided, however, that no changes will be made to the Site Plan,
the Minimum Design Standards, the Design Documents, the Construction Documents, the
maximum amount of the Project Budget, the Substantial Completion Date or the GMP
Certification without the prior written consent of both Parties. The City shall generally serve as
the Project’s developer and the City Representative will have general management and oversight
over the Architect, Construction Manager and Project Consultants during the construction
process, and shall be responsible for, among other things: (a) coordination of obtaining any
Permits and regulatory approvals with applicable Governmental Authorities, (b) maintenance of
complete and accurate books and records, consistent with industry standards, regarding the
Project’s design and construction (c) notification to the Parties of any claim, suit, proceeding or
action that is initiated or threatened or that facts reasonably indicate may be initiated or
threatened in connection with the Project, (d) providing the YMCA Representative with progress
reports upon request, (e) generally supervise and coordinate the construction of the Project so
that the Project is constructed, equipped, furnished and substantially completed in a good and
workmanlike manner in accordance with the Contract Documents, lien free and in accordance
with all Laws by the Substantial Completion Deadline, (f) taking action to enforce the
obligations of the Architect, Construction Manager and Project Consultants under their
respective Contract Documents, and (g) taking all steps and follow all processes necessary to
cause all temporary and total certificates of occupancy to be issued for the Project on or before
the Substantial Completion Deadline. During the course of construction of the Facility, the
YMCA and its representatives may inspect the Facility and may install the YMCA Personal
Property and perform other work required to begin operations in the Facility at reasonable times
upon reasonable notice so long as such inspections, installations and work do not interfere with
the construction work.
Section 2.11 Change Orders. The Representatives shall review and approve (or
disapprove) all proposed Change Orders. The Representatives shall act in good faith and in a
diligent and expeditious manner so as to have sufficient time to respond within the period of time
provided in the Contract Documents for responding to Change Orders. Any Change Order that
results in a Cost Overrun, is caused by an enhancement to the Project that exceeds the Project
Budget, is caused by a Project Enhancement that results in a Cost Overrun, or that exceeds the
Project Budget, shall require the prior written approval of the Parties. Either Party may submit to
the other Party a request for a Change Order for a Project Enhancement, which Change Order
shall be subject to both Parties’ approval.
Section 2.12 Substantial Completion and Punchlist. The City shall Substantially
Complete the Facility in conformance with the Contract Documents and applicable Laws on or
[00868-0003/5054503/1] 15
before the Substantial Completion Deadline. Upon Substantial Completion of the Facility, the
City shall cause the Architect to deliver a Substantial Completion Certificate to the Parties.
Following Substantial Completion and delivery of the Substantial Completion Certificate, the
Parties shall promptly and in good faith prepare a Punchlist of any outstanding work to be
completed. The City shall promptly commence and diligently pursue completion of all Punchlist
items.
Section 2.13 City Responsibilities.
a. Project Accounting. The City shall provide accounting services for the
Project, including records that reasonably detail Project Costs and disbursements. The
City shall establish standards for tracking and allocating such costs. The standards will
incorporate the highest level of transparency commensurate with the public investment in
the Project.
b. Bidding. The City will develop such competitive bidding procedures and
requirements as necessary to ensure compliance with applicable Laws.
c. Payment of Project Costs. The City shall, in coordination with the
Construction Team, develop procedures for reviewing and processing applications or
payments by the Construction Manager and for payment of Project Costs.
d. Contract Legal Administration. The City shall take all action reasonably
required in the performance of its duties under the Contract Documents to comply with
all Laws, and all reasonable action to enforce the obligations of the Architect,
Construction Manager and other Project Consultants engaged by or acting on behalf of
the City or the Parties to comply with all Laws.
e. Construction, Punchlist and Warranty. The City shall take action to enforce the
obligations of the Architect and Construction Manager to complete the Facility, Punchlist
work and warranty work after the date of the Project’s Substantial Completion pursuant
to their respective duties under the respective Contract Documents.
f. Permits. The City shall, or cause the Construction Manager to, obtain,
comply with and keep in effect all Permits and other approvals from any Governmental
Authorities that relate to the Project’s design, development and construction.
Section 2.14 Insurance. The City shall obtain, maintain and administer, or cause the
Construction Manager to obtain and maintain, insurance and any required payment and
performance bonds for the Project’s development and construction, including without limitation
builders risk and commercial general liability insurance, in the form and in such amounts the
Parties mutually agree upon which are adequate and customary for projects of this sort, and shall
furnish proof to the YMCA that the premiums for such insurance and bonds have been paid and
the insurance is in effect. All insurance proceeds shall be considered Project Funds and will be
deposited in the Project Accounts to pay for Project Costs. The City shall cause the YMCA to be
named as an additional insured/payee on the comprehensive general liability insurance and bonds
[00868-0003/5054503/1] 16
maintained for the Project. The Parties shall cooperate and jointly adjust and settle any insured
loss or bond claims.
ARTICLE 3
PROJECT SITE
Section 3.1 Project Site. The Site shall be as shown on the Site Plan and shall be part
of the Minimum Design Standards. The Site and the Facility, and all right, title, and interest
thereto and therein, shall be the property of and owned by the City, subject, however, to the
YMCA’s rights to lease, use and operate the Facility pursuant to the terms and conditions of the
Facility Lease Agreement.
Section 3.2 Title Evidence and Defects. The City shall at all times maintain good
and marketable title to the Site free and clear of all Title Defects other than the Permitted
Encumbrances. Within a reasonable time following this Agreement’s execution, the City shall
obtain and provide the Title Evidence to the YMCA. Within twenty (20) days following receipt
of all of the Title Evidence, the YMCA shall deliver to the City a list of any Title Defects
identified by the YMCA within the Title Evidence and the City shall use its best efforts to and
shall cure all such Title Defects at its cost as soon as reasonably possible.
Section 3.3 Zoning. The City represents and warrants, and shall take all measures to
ensure, that the Site is properly zoned and otherwise allows for the use and operation of the
Facility in compliance therewith and under the Facility Lease Agreement and there are no
ordinances, restrictions or covenants that would restrict or prevent the development, construction,
use and operation of the Facility as contemplated in this Agreement and the Facility Lease
Agreement.
Section 3.4 Environmental Matters. The City will obtain an Environmental Report
for the Site addressed to both Parties, which report will provide that each Party can rely on such
report, and provide a copy to the YMCA. In the event that the results of an Environmental
Report indicate the presence of Contamination or if any Contamination is discovered during the
course of construction that, pursuant to applicable Environmental Laws, requires the
performance of a Response Action, the City shall prepare a Response Action plan sufficient to
obtain from the MPCA a “no further action” letter for soils at the Site and shall obtain approval
of such plan from the MPCA. The City shall cause the Construction Manager or a Contractor to
cause such Response Action to be performed in accordance with the approved plan as
expeditiously as is reasonably possible and the Construction Manager or contractor shall
demonstrate that the costs for such Response Action are based on competitive pricing. The City
shall pay any costs of a Response Action.
Section 3.5 Subsurface Conditions. The City shall obtain a Geotechnical Report
addressed to the Parties for the Site and provide a copy to the YMCA. If conditions are
encountered at the Site that are subsurface structures, conditions or materials that differ
substantially from those indicated in the Geotechnical Report obtained for the Site, then the Party
discovering such condition shall notify the other Party immediately, and before such conditions
are disturbed, but in no event later than five (5) days after either (i) the date the Party first
[00868-0003/5054503/1] 17
observes the conditions, or (ii) the date that such conditions are reported to either of the Parties
by the Construction Manager. The Representatives shall promptly investigate such conditions,
and if such conditions cause an increase in the cost of, or time required for, performance of any
part of the Project, such costs shall be Project Costs.
ARTICLE 4
PROJECT FINANCING
Section 4.1 Project Budget. The Representatives will work in good faith to develop
and establish the details and total amount of the Project Budget, which shall include reasonable
contingencies and an overall Project contingency, and which shall be approved in writing by the
Parties. The Project Budget may be revised from time to time by agreement of the Parties as
design, development, and construction of the Project progresses and any additional Project Funds
are received, and any change to the Project Budget must be approved in writing by the Parties.
All Project Costs shall be paid pursuant to the Project Budget. The Parties may, individually or
collectively, seek additional funding from other sources for Project Costs. The Parties shall work
in good faith so that the Project Budget shall concentrate spending on Project Costs to ensure that
the Program elements, amenities and design features as are necessary for a first-class regional
aquatic and community recreational facility and related infrastructure are included in the Project
consistent with the intended use and operation of the Facility by the YMCA.
Section 4.2 Project Costs. The City shall pay all Project Costs. The Project Funds
shall be deposited into the Project Accounts and shall be used and disbursed to pay Project Costs.
The City may invest or direct the investment of Project Funds and any other amounts in the
Project Accounts, and any investment or interest earnings on amounts in the Project Accounts
shall be used for Project Costs. Any funds for the Project obtained by either of the Parties
beyond the Project Funds may be applied to Project Costs as agreed upon by the Parties. The
YMCA shall have no obligation to contribute any funds to the Project Funds or to pay any
Project Costs. Upon the YMCA’s written request, the City shall provide a certified statement of
the Project Funds, including cash on hand, pledged and any written funding commitments.
Section 4.3 Project Accounts. The City shall establish the Project Accounts,
including separate accounts for the City Contribution, the State Grant and the Campaign
Contribution. The City shall receive, hold and disburse all Project Funds deposited in the Project
Accounts in trust for Project Costs as provided in this Agreement, and the City shall not
commingle any of the Project Funds with any other City funds. The City shall establish
reasonable procedures regarding the deposit, disbursement, certification and application of
Project Funds, including payment procedures, disbursement request forms and administration of
the Project Accounts consistent with the terms of this Agreement and the Contract Documents.
The YMCA shall have the right to inspect or audit, upon reasonable notice and at its own
expense, the Project Accounts, and all records pertaining to the deposit and disbursement of
Project Funds and payment of Project Costs.
Section 4.4 Termination of Project Accounts. Upon certification by the Parties that
any one of the following has occurred: (a) the Project has been completed in accordance with this
[00868-0003/5054503/1] 18
Agreement; or (b) either Party has exercised its termination right under this Agreement, and in all
cases, all legally owing Project Costs have been fully paid or separately provided for, then the
Project Accounts will be terminated. Upon termination, all remaining amounts in the Project
Accounts shall be promptly liquidated and the Project Account funds shall be distributed and
released to the City. Disposition of amounts in the Project Accounts and interest as provided
under this Agreement shall not satisfy, affect or resolve any claims or rights held or asserted by
any Party related to or arising in connection with duties, disputes or performance unrelated to
such disposition, arising under this Agreement or any other agreement.
Section 4.5 Sales Tax Exemption. As necessary, the Parties shall cooperate to utilize
any sales tax exemptions for materials and equipment allowed under applicable Laws. The
Parties shall execute and deliver all documents and certificates as necessary to assure that the
Project takes full advantage of any sales tax exemptions for materials and equipment available
under Laws. The City shall engage the Purchasing Agent pursuant to the Purchasing Agent
Agreement regarding the purchase of such tax-exempt materials and equipment for the Project.
Section 4.6 Campaign. The Campaign shall be conducted for the exclusive benefit of
the Project to secure timely construction of the Project. The Campaign shall be a joint endeavor
with the YMCA leading and managing the Campaign. The Parties shall use reasonable efforts to
work together in good faith to raise Campaign Funds. The Parties will cooperate with each other
in all aspects of the Campaign, including, for example, joint development of fundraising
strategies, brochures and other informational materials regarding the Campaign and contacting
and meeting with donors. Each Party will work to identify potential donors to the Campaign,
will notify the other Party of the donors it plans to contact and will share any materials it plans to
distribute to or share with such potential donors. Each Party shall make its personnel and
resources available to ensure that the Campaign is adequately supported. The YMCA’s support
will include availability of YMCA personnel for meetings with important donor prospects,
regular status updates with City personnel, regular communication to discuss and adjust
Campaign strategy, research on donor prospects and other funding sources and serving as the
fiscal sponsor or agent for purposes of soliciting and receiving Campaign Funds and depositing
such funds in the appropriate Project Account. Each Party will pay its owns costs related to the
Campaign. In order to reinforce the agreement between the Parties that the entire Campaign is a
joint endeavor, the Parties agree that in all communications regarding the Campaign with
potential donors they will describe the Campaign as a joint effort. The City consents to the
YMCA’s use of the City’s name for purpose of soliciting funds for the Project. All Campaign
Funds will be deposited into the applicable Project Account. If requested by the YMCA, the City
shall execute and deliver a fiscal sponsorship agreement.
Section 4.7 YMCA Personal Property. The YMCA Personal Property will be
acquired only utilizing Campaign Funds and no portion of the State Grant or City Funds shall be
utilized to acquire any of the YMCA Personal Property. The YMCA Personal Property will be
owned by the YMCA. The Parties estimate that up to $1,000,000 of Campaign Funds will be
used to acquire the YMCA Personal Property, and will agree upon the actual amount of
Campaign Funds used to acquire the YMCA Personal Property as part of the Project Budget.
[00868-0003/5054503/1] 19
ARTICLE 5
CITY REPRESENTATIONS AND WARRANTIES
The City represents and warrants to the YMCA as follows as of the Effective Date:
Section 5.1 Organization. The City is a statutory municipal corporation, duly
organized, validly existing, and in good standing under the Laws of the State.
Section 5.2 Authorization, Validity and Enforceability. The City has all requisite
power and authority to enter into this Agreement and to carry out the actions contemplated
hereby. The execution, delivery, and performance by the City of this Agreement have been duly
authorized and approved by all necessary City action. This Agreement, when executed, shall
constitute the valid and legally binding obligations of the City, enforceable against it in
accordance with its terms.
Section 5.3 No Conflicts. The execution, delivery, and performance of this
Agreement shall not result in a violation of, in any material respect, any provision of any other
agreements, charters, instruments, contracts, judgments, or decrees to which the City is a party or
by which the City or its assets may be bound or affected.
Section 5.4 No Violation of Laws. The City has complied in all material respects
with all Laws and is not in default with respect to any judgment, order, injunction, or decree of
any court, administrative agency, or other Governmental Authority that is in any respect material
to the transactions contemplated in and by this Agreement.
Section 5.5 Litigation. There is no action, suit, proceeding, or investigation at law or
in equity or by or before any Governmental Authority now pending or threatened against the City
seeking to restrain or prohibit, or seeking Damages or other relief in connection with, the
execution of this Agreement and the performance of the transactions contemplated herein or the
performance of the City hereunder.
ARTICLE 6
YMCA REPRESENTATIONS AND WARRANTIES
The YMCA represents and warrants to the City as follows as of the Effective Date:
Section 6.1 Organization. The YMCA is a nonprofit corporation duly organized,
validly existing, and in good standing under the Laws of the State, and is an organization exempt
from federal income tax under Code Section 501(c)(3).
Section 6.2 Authorization, Validity and Enforceability. The YMCA has all
requisite power and authority to enter into this Agreement and to carry out the actions
contemplated hereby. The execution, delivery, and performance of all obligations of the YMCA
under this Agreement have been duly authorized and approved by all necessary YMCA action.
All corporate action necessary for the authorization, execution, delivery, and performance of all
obligations of the YMCA under this Agreement has been taken. This Agreement, when
[00868-0003/5054503/1] 20
executed, shall constitute the valid and legally binding obligations of the YMCA, enforceable
against it in accordance with its terms.
Section 6.3 No Conflicts. The execution, delivery, and performance of this
Agreement shall not result in a violation of, in any material respect, any provision of any other
agreements, charters, instruments, contracts, judgments, or decrees to which the YMCA are a
party or by which the YMCA or their assets may be bound or affected.
Section 6.4 No Violations of Laws. The YMCA have complied in all material
respects with all Laws and are not in default with respect to any judgment, order, injunction, or
decree of any court, administrative agency, or other Governmental Authority that is in any
respect material to the transactions contemplated in n and by this Agreement.
Section 6.5 Litigation. There is no action, suit, proceeding, or investigation at law or
in equity or by or before any Governmental Authority now pending or threatened against the
YMCA seeking to restrain or prohibit, or seeking Damages or other relief in connection with, the
execution of this Agreement and the performance of the transactions contemplated herein or the
performance of the YMCA hereunder.
ARTICLE 7
ADDITIONAL COVENANTS AND CONDITIONS
Section 7.1 Use of References and Logos. The City and the YMCA shall permit
references to their respective entities and organizations and the use of their respective logos, if
any, in all documents related to the Project, provided, however, that all information on the Parties
to be so used shall be submitted to the Parties for their approval prior to such use and the use of
the YMCA’s logo must meet local and national YMCA guidelines for such use.
Section 7.2 Execution of Facility Lease Agreement. Contemporaneously with the
execution of this Agreement, the Parties have also entered into the Facility Lease Agreement.
Section 7.3 Memorandum of Understanding. The Parties acknowledge and agree
that this Agreement and the Facility Lease Agreement terminate the Memorandum of
Understanding and the terms of the Project Agreements shall govern and control in all respects.
Section 7.4 City's Conditions. The obligations of the City to perform this Agreement
are subject to the satisfaction of each of the following conditions (any of which may be waived
by the City, in whole or in part):
a. Accuracy of Representations. All of the YMCA's representations and
warranties in this Agreement must have been accurate in all material respects as of the
date hereof.
b. Performance. All of the covenants and obligations that the YMCA are
required to perform or to comply with pursuant to this Agreement prior to the date of the
City's performance, as applicable, must have been performed and complied with in all
material respects.
[00868-0003/5054503/1] 21
c. No Injunction. There shall not be in effect any Laws or any injunction or
other order that prohibits the consummation of this Agreement.
d. Delivery of Other Documents. The YMCA shall have delivered all
documents and notices required by this Agreement, including the Facility Lease
Agreement.
Section 7.5 YMCA's Conditions. The obligations of the YMCA to perform this
Agreement are subject to the satisfaction of each of the following conditions (any of which may
be waived by the YMCA, in whole or in part):
a. Accuracy of Representations. All of the City's representations and
warranties in this Agreement must have been accurate in all material respects as of the
date hereof.
b. Performance. All of the covenants and obligations that the City is
required to perform or to comply with pursuant to this Agreement prior to the date of the
YMCA's performance, as applicable, must have been performed and complied with in all
material respects.
c. No Injunction. There shall not be in effect any Laws or any injunction or
other order that prohibits the consummation of this Agreement.
d. Delivery of Other Documents. The City shall have delivered all
documents and notices required by this Agreement, including the Facility Lease
Agreement.
ARTICLE 8
DEFAULT AND REMEDIES
Section 8.1 Events of Default. Each of the following shall constitute an Event of
Default under this Agreement:
a. A Party’s failure to make any payment of any sums payable by such Party
under this Agreement, which failure continues for ten (10) days after receipt of written
notice from the other Party;
b. A Party’s violation or failure to perform or observe any covenant or
condition of this Agreement, which failure or violation continues for thirty (30) days after
receipt of written notice to such Party by the other Party identifying with particularity the
failure or violation; provided, however, that so long as such failure or violation is of a
non-monetary nature susceptible to cure within a period of time that does not
unreasonably cause risk to achieving the Substantial Completion Date, but is not
reasonably capable of being cured within such thirty (30) day period, there shall exist no
Event of Default if such Party promptly commences cure of such failure or violation
within such thirty (30) day period and diligently pursues such cure to completion, but
[00868-0003/5054503/1] 22
such additional time for cure shall not exceed ninety (90) days after receipt of the initial
written notice; and
c. Any representation or warranty made by a Party proves to have been
incorrect when made, in any material respect.
Section 8.2 Default Remedies. Upon the occurrence of an Event of Default, the
nondefaulting Party will have the right to exercise any of the following remedies:
a. Terminate this Agreement or the Facility Lease Agreement, or exercise
any other remedy afforded such non-defaulting Party under this Agreement or the Facility
Lease Agreement;
b. Seek specific performance or other equitable relief provided in Section 8.3
of this Agreement; or
c. Sue for money damages.
Section 8.3 Injunctive Relief; Specific Performance. The Parties acknowledge that
the rights conveyed by this Agreement, and the covenants of the Parties are of a unique and
special nature, and that a violation of this Agreement shall result in immediate and irreparable
harm to the City or the YMCA, as applicable, and that in the event of any such actual or
threatened breach or violation of this Agreement caused by such actions, the Party so harmed
shall be entitled as a matter of right to an injunction or a decree of specific performance from any
equity court of competent jurisdiction without the posting of any bond. The Parties waive the
right to assert the defense that a breach of this Agreement which results in the failure or inability
can be compensated adequately in damages in an action at law.
Section 8.4 Remedies Cumulative; Waiver. All rights and remedies set forth in this
Agreement are cumulative and in addition to the Parties' rights and remedies at law or in equity.
A Party's exercise of any such right or remedy shall not prevent the concurrent or subsequent
exercise of any other right or remedy. A Party's delay or failure to exercise or enforce any rights
or remedies shall not constitute a waiver of any such rights, remedies, or obligations. No Party
shall be deemed to have waived any default unless such waiver is expressly set forth in an
instrument signed by such Party. If a Party waives in writing any default, then such waiver shall
not be construed as a waiver of any covenant or condition set forth in this Agreement, except as
to the specific circumstances described in such written waiver. Neither payment of a lesser
amount than the sum due hereunder nor endorsement or statement on any check or letter
accompanying such payment shall be deemed an accord and satisfaction, and the other Party may
accept the same without prejudice to the right to recover the balance of such sum or to pursue
any other remedy. In no event shall either Party be entitled to consequential or incidental
damages against the other Party and in no event shall either Party have any liability or
responsibility for consequential or incidental damages to any Person.
Section 8.5 Risk of Certain Losses; Force Majeure. The non-occurrence of any
condition under this Agreement shall not give rise to any right otherwise provided in this
[00868-0003/5054503/1] 23
Agreement when such failure or non-occurrence is due to the occurrence of a Force Majeure
condition and without the fault of the Party claiming an extension of time to perform. An
extension of time for any such cause, if any, shall be limited to the period of delay due to such
cause, which period shall be deemed to commence from the time of the commencement of the
cause; provided, however, that if notice by the Party claiming such extension is sent to the other
Party more than thirty (30) days after the commencement of the cause, the period shall be
deemed to commence thirty (30) days prior to the giving of such notice. Times of performance
under this Agreement also may be extended as mutually agreed upon in writing by the Parties.
However, failure to agree to a proposed extension of time for performance shall not be deemed
grounds for delay or failure to timely cure an Event of Default under this Agreement.
Section 8.6 Limited Recourse Obligations. Notwithstanding and prevailing over any
contrary provision or implication of this Agreement, any and all duties, liabilities, and
obligations of the Parties under this Agreement relating to the Project shall be required to be paid
or performed by the Parties only to the extent that Project Funds, any funds relating to monetary
recovery of third parties, insurance proceeds, or other funds in the Project Accounts, and no
duties, liabilities, or obligations of the Parties with respect to this Agreement relating to the
Project shall be required to be satisfied from any other funds, revenues, or reserves of the Parties;
provided, however, that neither Party will be liable to the other Party for any indirect, special or
consequential Damages, or Damages for loss of profits, business interruption, or loss of goodwill
arising out of or relating to this Agreement, provided, however, subject to the limits imposed by
Law, the foregoing shall not apply to third party Claims of indemnification.
Section 8.7 No Liability of Members, Directors or Officers. All covenants,
stipulations, promises, agreements, and obligations of the Parties contained herein shall be
deemed to be covenants, stipulations, promises, agreements, and obligations of the Parties and
not of any member, director, officer, employee, or agent of the Parties in his or her individual
capacity, and no recourse shall be had for any Claim hereunder against any member, director,
officer, employee, or agent of the Parties in such capacity.
ARTICLE 9
INDEMNIFICATION
Section 9.1 YMCA Indemnification. To the maximum extent permitted by law, the
YMCA shall indemnify, defend, and hold harmless the City Indemnified Persons from and
against any and all Damages of any nature whatsoever whether or not involving a third-party
claim arising, directly or indirectly, from or in connection with:
a. the acts or omissions of the YMCA or any of its employees, agents or
representatives or anyone for whose acts they are liable;
b. any breach of any representation or warranty made by the YMCA in this
Agreement or in any schedule or exhibit attached hereto or any other certificate or document
delivered by the YMCA to the City pursuant to this Agreement;
c. any breach by the YMCA of any covenant or obligation of the YMCA in
[00868-0003/5054503/1] 24
this Agreement; and
d. any claim by any Person for Damages in connection with the violation by
the YMCA or its agents of any Laws.
Notwithstanding the foregoing, this Section does not require the YMCA to indemnify and
defend the City for Damages resulting from willful or negligent acts or omissions of the City. If
the YMCA fails to make any payment of any sums payable by the YMCA to the City
Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such
payment shall bear interest at the Default Interest Rate payable from the date such payment was
due to the date of payment thereof. This Section shall survive this Agreement’s expiration or
termination.
Section 9.2 City Indemnification. To the maximum extent permitted by law, the City
shall indemnify, defend, and hold harmless the YMCA Indemnified Persons from and against
any and all Damages of any nature whatsoever whether or not involving a third-party claim
arising, directly or indirectly, from or in connection with:
a. the acts or omissions of the City or any of its employees, agents or representatives
or anyone for whose acts they are liable;
b. any breach of any representation or warranty made by the City in this Agreement
or in any schedule or exhibit attached hereto or any other certificate or document delivered
by the City to the YMCA pursuant to this Agreement;
c. any breach by the City of any covenant or obligation of the City in this
Agreement; and
d. any claim by any Person for Damages in connection with the violation by
the City or its agents of any Laws.
Notwithstanding the foregoing, this Section does not require the City indemnify and
defend the YMCA for Damages resulting from willful or negligent acts or omissions of the
YMCA. If the City fails to make any payment of any sums payable by the City to the YMCA
Indemnified Persons on the date due, which failure shall continue for thirty (30) days, then such
payment shall bear interest at the Default Interest Rate payable from the date such payment was
due to the date of payment thereof. This Section shall survive this Agreement’s expiration or
termination.
ARTICLE 10
MISCELLANEOUS
Section 10.1 Survival of Covenants, Agreements, Representations, and Warranties.
No action taken pursuant to or related to this Agreement, including any investigation by or on
behalf of a Party, shall be deemed to constitute a waiver by the Party taking such action of
compliance with any representation, warranty, condition, or agreement in this Agreement.
[00868-0003/5054503/1] 25
Section 10.2 Additional Documents and Approval. The Parties, whenever and as
often as each shall be reasonably requested to do so, shall execute or cause to be executed any
further documents and take any further actions as may be reasonably necessary or expedient and
within their lawful obligation in order to consummate the transactions provided for in, and to
carry out the purpose and intent of, this Agreement. Furthermore, the Parties shall take all
ministerial actions and proceedings reasonably necessary or appropriate to remedy any apparent
invalidity, lack, or defect in authorization, or illegality, or to cure any other defect that has been
asserted or threatened.
Section 10.3 Good Faith. In exercising its rights and fulfilling its obligations under
this Agreement, each of the Parties acknowledges that the other Party has acted to date in good
faith and each Party agrees to continue to act in good faith. Each Party acknowledges that in
each instance under this Agreement where a Party is obligated to exercise good faith or to use
good faith, diligent, or other similar efforts, such Party shall not be required to expend any funds
or grant any other consideration of any kind in the performance of such undertaking, and each
Party further acknowledges that the obligation of any Party to act in good faith or undertake good
faith, diligent, or other similar efforts does not constitute a warranty, representation, or other
guaranty that the result that the Parties are attempting to achieve shall be successfully achieved
and no Party shall be liable for any failure to achieve the result or results intended so long as the
Party has complied with its obligation to act in good faith.
Section 10.4 Notice of Matters. In the event that any Party receives knowledge about
any matter that may constitute a breach of any of its warranties or covenants set forth in this
Agreement that arises after the date of this Agreement, it shall promptly notify the other Party of
the same in writing.
Section 10.5 Form of Notices: Addresses. All notices, requests, consents, or other
communications required under this Agreement shall be in writing and shall be deemed to have
been properly given if served personally or if sent by United States registered or certified mail or
overnight delivery service to the Parties as follows (or at such other address as a Party may from
time to time designate by notice given pursuant to this Section):
To the YMCA: St. Cloud Area Family YMCA
2001 Stockinger Drive
St. Cloud, MN 56303
Attn: Executive Director
with a copy to: Scott Hamak
Rinke Noonan
1015 W. St. Germain St., Suite 300
P.O. Box 1497
St. Cloud, MN 56302-1497
[00868-0003/5054503/1] 26
To the City: City of Saint Joseph
75 Callaway Street East
St. Joseph MN 56374
Attn: City Administrator
with a copy to: Susan Dege
Jovanovich, Dege & Athmann
1010 W. Saint Germain, Suite 420
St. Cloud, MN 56301
Each notice shall be deemed given and received on the date delivered if served personally
or by overnight delivery service or, if sent by United States registered or certified mail, then one
(1) Business Day after its delivery to the address of the respective Party, as provided in this
Article, except that with respect to the notices pertaining to matters that are to be accomplished
within less than three (3) Business Days (e.g., requests for consent when the Person whose
consent is sought has one (1) Business Day to respond in the granting or denying of such
consent), notice shall be deemed given simultaneously with its delivery. Notices sent by a
Party’s counsel shall be deemed notices sent by such Party.
Section 10.6 Calculation of Time. Unless otherwise stated, all references to “day” or
“days” shall mean calendar days. If any time period set forth in this Agreement expires on other
than a Business Day, such period shall be extended to and through the next succeeding Business
Day.
Section 10.7 Time is of the Essence. Time is of the essence of this Agreement. The
Parties shall cause the work contemplated by this Agreement to meet the Project Schedule, which
shall not be altered except by a Change Order.
Section 10.8 Incorporation by Reference. All exhibits, schedules, or other
attachments referenced in this Agreement are hereby incorporated into this Agreement by such
reference and are deemed to be an integral part of this Agreement.
Section 10.9 Entire Agreement. Except as otherwise provided in this Agreement, this
Agreement contains the sole and entire agreement between the Parties with respect to its subject
matter and supersedes any and all other prior written or oral agreements between them with
respect to such subject matter.
Section 10.10 Amendment. No amendment, modification, or termination of this
Agreement shall be valid unless in writing and duly executed by the Parties.
Section 10.11 Binding Effect. This Agreement shall be binding upon and shall inure to
the benefit of the permitted successors and assigns of the Parties.
Section 10.12 Headings. The headings contained in this Agreement are for convenience
of reference only and shall not limit, extend, or otherwise affect the meaning hereof.
[00868-0003/5054503/1] 27
Section 10.13 No Presumption Against Drafter. This Agreement has been negotiated
at arm’s length and between Persons sophisticated and knowledgeable in the matters dealt with
herein. In addition, each Party has been represented by experienced and knowledgeable legal
counsel. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of
the Parties, without any presumption against the Party responsible for drafting any part of this
Agreement.
Section 10.14 Severability. If any term or provision of this Agreement or the
application thereof to any Person or circumstance shall, to any extent, be inconsistent with,
invalid, or unenforceable under any Laws, the remainder of this Agreement or the application of
such term or provision to Persons or circumstances, other than those as to which it was held
invalid or unenforceable, shall not be affected thereby and each term or provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by any Laws.
Section 10.15 Third Party Beneficiaries. Nothing in this Agreement, express or
implied, is intended to (a) confer upon any Person other than the Parties and their permitted
successors and assigns any rights or remedies under or by reason of this Agreement as a third
party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize
anyone not a Party to this Agreement to maintain an action pursuant to or based upon this
Agreement.
Section 10.16 Governing Law; Venue. This Agreement shall be governed by and
construed in accordance with the Laws of the State of Minnesota, notwithstanding its conflicts of
law or choice of law provisions. All matters, whether sounding in tort or in contract, relating to
the validity, construction, performance, or enforcement of this Agreement shall be controlled by
and determined in accordance with the laws of the State of Minnesota, and the Parties agree that
all legal actions initiated by the Parties with respect to or arising from any provision contained in
this Agreement shall be initiated, filed and venued exclusively in the State of Minnesota, Stearns
County, District Court and shall not be removed therefrom to any other federal or state court.
Section 10.17 Counterparts. This Agreement may be executed and delivered in one or
more counterparts, each of which shall be deemed to be an original and all of which, taken
together, shall be deemed to be one agreement. Facsimile, emailed pdf and electronic signatures
shall be sufficient for all purposes.
Section 10.18 Relationship of Parties. It is agreed that nothing contained in this
Agreement shall be deemed or construed as creating a partnership or joint venture among the
Parties.
Section 10.19 Dispute Resolution. The Representatives of the City and the YMCA shall
endeavor to first resolve any disputes by negotiation in good faith to achieve a mutually
acceptable resolution of the matter. In the event such Representatives are unable to resolve the
dispute in a mutually acceptable manner within 60 days of the commencement of such
negotiations or if an impasse in such negotiations is declared by a Representative within such
time period, then the Parties will submit the matter to mediation. The mediation shall be
conducted by a single third-party neutral mediator mutually acceptable to the Parties using
[00868-0003/5054503/1] 28
procedures to be determined by the mediator. If the Parties are unable to agree on a mediator
within 15 calendar days (or such longer period as is agreed upon by such Parties) after an
impasse has been declared or the time period has expired under this Section, each Party shall
nominate a proposed mediator and such nominated mediators shall mutually agree on a neutral
mediator. If the Party-nominated mediators are unable to agree on a neutral mediator within 10
calendar days after being asked to do so, the Parties may submit the selection to the Chief Judge
of the District Court of the State Courts of Minnesota, 7th Judicial District (or such other court of
competent jurisdiction as may be established), who shall select the neutral. All mediations shall
be conducted in compliance with the Minnesota Civil Mediation Act, over such period of time
and at such times and locations as the neutral mediator determines until the earlier of (i) the
dispute is resolved as agreed upon by the involved Parties, (ii) the mediator determines that the
dispute cannot be resolved through mediation, or (iii) 90 days after commencement of the
mediation. Except as hereinafter provided, the Parties shall share the mediator’s fees equally and
the mediation shall be held in Stearns County, Minnesota. Attorneys’ fees and costs advanced as
part of the dispute resolution process shall be addressed as part of the mediation. If the parties do
not resolve the dispute through mediation, the dispute may proceed to litigation.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK;
SIGNATURE PAGES FOLLOW]
[00868-0003/5054503/1] S-1
The Parties have executed this Development Agreement as of the Effective Date.
The City of St. Joseph, a municipal
corporation of the State of Minnesota
By________________________________
Rick Schultz, Mayor
By________________________________
Kayla Klein, City Clerk
St. Cloud Area Family Y.M.C.A., a
Minnesota nonprofit corporation
By________________________________
Greg Gack, Executive Director
[00868-0003/5054503/1] A-1
EXHIBIT A
REAL PROPERTY
Lot 3, Block 1, St. Joseph City Hall Addition, Stearns County, Minnesota
[00868-0003/5054503/1] B-2
EXHIBIT B
SITE PLAN
(Attached)
[00868-0003/5054503/1] B-3
[00868-0003/5054503/1] B-4
[00868-0003/5054503/1] B-5
[00868-0003/5047069/1] 1
MEMORANDUM OF AGREEMENT
The City of St. Joseph, a municipal corporation of the State of Minnesota, with an
address of 75 Callaway Street E, St. Joseph MN 56374 (the “City”), and St. Cloud Area Family
Y.M.C.A., a Minnesota nonprofit corporation, with an address of 2001 Stockinger Drive, St.
Cloud, MN 56303 (the “YMCA”), make this Memorandum of Agreement (this
“Memorandum”) effective as of ____________________, 2023 (the “Effective Date”).
1. Lease of Facility. Pursuant to the terms and conditions of that certain Facility
Lease Agreement dated _____________, 2023, between the City and the YMCA (the “Lease”),
the City has leased to the YMCA the Facility (as defined in the Lease) located on a portion of the
real property in the City of St. Joseph, Minnesota, legally described as Lot 3, Block 1, St. Joseph
City Hall Addition, Stearns County, Minnesota.
2. Initial Term and Extended Terms. The Lease’s initial term is for a period of
twenty (20) Lease Years commencing on ___________, 2023, and ending on ___________,
2043 (the “Initial Term”). Subject to the terms and conditions of the Lease, the YMCA has the
right to extend the Initial Term for two (2) consecutive additional periods of twenty (20) Lease
Years each following the Initial Term (each, an “Extended Term”).
3. Lease Terms. The terms and conditions of the Lease are incorporated by
reference into this Memorandum as if set forth fully herein at length. Capitalized terms that are
not defined herein shall have the meanings given them in the Lease. This Memorandum is not a
complete summary of the Lease, does not modify the Lease’s terms and none of this
Memorandum’s provisions shall be used in interpreting the Lease’s provisions. In the event of
any conflict between this Memorandum and the Lease, the Lease shall control. The Lease may
be amended by the City and the YMCA from time to time without the preparation or filing of an
additional memorandum or an amendment to this Memorandum.
4. Counterparts. This Memorandum may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
[Signature pages follow]
[00868-0003/5047069/1] 2
The City of St. Joseph, a municipal corporation of
the State of Minnesota
By________________________________
Rick Schultz, Mayor
By________________________________
Kayla Klein, City Clerk
STATE OF MINNESOTA )
) SS
COUNTY OF ____________ )
On this ______ day of _________, 2023, before me, a Notary Public for this County,
personally appeared Rick Schultz, who, being by me duly sworn, did say that he is the Mayor of
The City of St. Joseph, a municipal corporation of the State of Minnesota, and that this
instrument was signed on behalf of said corporation by authority of its Board of Directors and
acknowledged said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public
STATE OF MINNESOTA )
) SS
COUNTY OF ____________ )
On this ______ day of _________, 2023, before me, a Notary Public for this County,
personally appeared Kayla Klein, who, being by me duly sworn, did say that he is the City Clerk
of The City of St. Joseph, a municipal corporation of the State of Minnesota, and that this
instrument was signed on behalf of said corporation by authority of its Board of Directors and
acknowledged said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public
[00868-0003/5047069/1] 3
St. Cloud Area Family Y.M.C.A., a
Minnesota nonprofit corporation
By________________________________
Greg Gack, Executive Director
STATE OF MINNESOTA )
) SS
COUNTY OF ____________ )
On this ______ day of _________, 2023, before me, a Notary Public for this County,
personally appeared Greg Gack, who, being by me duly sworn, did say that he is the Executive
Directory of St. Cloud Area Family Y.M.C.A., a Minnesota nonprofit corporation, and that this
instrument was signed on behalf of said corporation by authority of its Board of Directors and
acknowledged said instrument to be the free act and deed of said corporation.
____________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
Rinke Noonan (HAM)
1015 W. St. Germain St., Suite 300
P.O. Box 1497
St. Cloud, MN 56302-1497
(320) 251-6700
File No. 00868-0003
ADMINISTRATION REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: April 14, 2023
SUMMARY
• David Murphy Starts – April 24th: David has been communicating with staff on various items and was
able zoom in on the most recent Leadership/Agenda meeting.
• Congressional Directed Spending Opportunity – Applications submitted as requested by the City
Council. Received notice on April 14th, that Senator Klobuchar submitted the request for the
Community Center to the Senate Appropriations Committee. The committee will review all requests for
compliance with Committee & Senate Rules. It is anticipated that projects that are selected by the
Committee for funding will be included in Senate Appropriations Reported Bill Language late
June/early July.
• Community Development Department Coverage Update. Nate met with SEH staff to go over
processes, current projects, and potential future projects that may come down the pipeline in his absence.
I will be setting up a meeting with the SEH team to go over the intake process and how to best handle
inquiries.
• Misc.:
o City is eligible for a redesign of the website. Redesign does not change content, just the layout,
color palettes, fonts, & styles. The entire process can take 6-8 months to complete. The upgrade
is no additional cost to the City. The redesign process will be initiated once David is on board.
o Met briefly with Pat Schneider regarding the Fox 9 Town Ball Tour that will be stopping in St.
Joseph on July 5th. Pat is looking for sponsors of the event. Any interested parties can contact Pat
directly. They are working on getting advertisement materials to me so I can get them out on the
website & social media.
UPCOMING MEETINGS & EVENTS
April 25th – All City/Board Meeting
April 27th - Safety & Loss Control Workshop
April 28th – Pay Equity meeting
Kayla Klein
City Clerk
75 Callaway Street East
St Joseph, MN 56374
kklein@cityofstjoseph.com
NATE KELLER, AICP
COMMUNITY DEVELOPMENT DIRECTOR
75 CALLAWAY STREET EAST
ST. JOSEPH, MN 56374
nkeller@cityofstjoseph.com
COMMUNITY DEVELOPMENT REPORT
To: HONORABLE MAYOR AND CITY COUNCIL
DATE: April 11th, 2023
ECONOMIC DEVELOPMENT
• EDA Finance Team met to discuss Revolving Loan Fund application. More information needs to
be submitted before app is presented to EDA Board.
• I’ve met with a few developers (with local connections) who expressed strong interest in the
Boutique hotel concept.
• Development inquires for Industrial Park continue to be consistent. We have had a few pre-
development meetings and are just awaiting Site Plan applications.
PLANNING
Planning Commission:
• PC did not meet in March due to lack of Quorum.
• April 10th meeting
o Public Hearing held for Goodin C.U.P. pertaining to outside storage yard. Goodin also is
requesting approval on a “Proof of Parking” plan and storage yard surfacing. PC
recommended approval (7-0) on all three items. No one spoke at Public Hearing. Item to
be on May 1st Council agenda. Staff is also working on Site Plan review for project.
o Public Hearing held for proposed Zoning Amendment. Staff received an application to
amend the Zoning Ordinance to allow a Wedding/Event Venue as a Conditional Use
within the Rural Residential district (staff defines use as Special Event Facility).
Applicants are the same from last year. Council denied proposal 3-2 last year. Three
people spoke at Public Hearing with two expressing some concerns. PC voted 5-2 to
deny the proposed Zoning Amendment. Item to be on May 1st Council agenda.
o Review of allowable Building materials in B-1, B-2, and I-1 district. Discussion only and
no changes suggested.
OTHER
• CVB had discussion on upcoming events and continuing to build the Joetown brand. Discussion
on trademarking “Joetown”. Fox 9 Town Ball will be held on July 5th.
• Adjustments made to the timing of East Park construction to correspond to various deadlines
from both LCCMR and DNR grant. This means construction will likely be pushed back to June
2024. DNR grant will be extended to 2025. Biggest reason is LCCMR funds have not been
approved and project cannot begin before funds are authorized.
MEETINGS & EVENTS
• Feb. 22nd Boutique hotel meeting with interested developer
• Feb. 22nd Lori and I met to review Revolving Loan Fund application
• Feb. 23rd Wedding venue discussion with applicant
• Feb. 27th monthly development meeting with Dept. heads
• Feb. 28th agenda meeting
• Mar. 2nd LCCMR
• Mar. 2nd Northland Business Center Third Addition Plat discussion
• Mar. 7th meeting with developer regarding Storage proposal
• Mar. 8th Randy, Ryan and I met with developer regarding utility needs for parcel
• Mar. 8th LCCMR
• Mar. 13th CVB
• Mar. 14th Wedding/Event venue discussion with applicant
• Mar. 16th APO
• Mar. 21st EDA
• Mar. 22nd Dept training on Civic Systems
• Mar. 23rd GSDC (staff only meeting)
• Mar. 27th monthly development meeting with Dept. heads
• Mar. 30th Civic System training
• Mar. 30th Boutique hotel meeting with interested developer
• Apr. 4th – met with a culturally diverse group about café space in downtown
• Apr. 5th – rental training through Civic system
• Apr. 5th – meeting with business owner regarding Industrial Park and business expansion
• Apr. 10th CVB
• Apr 10th PC
• Apr. 12th JR Mobile site development with interested party
• Apr. 12th Kayla and I met with S.E.H. regarding CD Dept. coverage
NATE KELLER
Before and present
pictures of 103 1st Ave NW
FINANCE DEPARTMENT REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: April 14, 2023
SUMMARY
Finance Software Conversion: The last large module was rolled out in April, payroll module. Staff is
learning every day and working out processes. There are a few pieces to still learn as the processes come
up; one is the budgeting feature. It will make more sense for us when we get to working on these areas.
We appreciate everyone’s patience as we continue to learn the system.
YMCA Lease Agreement: The final draft of the operating lease agreement will be presented on April
17th along with the developer’s agreement. Jeff assisted before he left and Lori finished the draft with
the assistance of Sue Dege and the YMCA. The agreements are based on the full build of the pre-design
concept we are using for the capital campaign.
Accountant: ABDO is working both in person and remotely on items agreed to in the contract. Karri is
working on audit workpapers to help us get ready for our annual audit in May.
Capital Campaign: Lori and Jeff met with the Capital Campaign committee. The Committee is waiting
on the lease agreement to start making asks. The Committee is also trying to finalize who the
Chairpersons will be.
2023/2024 Street Improvements/Bonds: Keeping Northland Securities and Taft Law up to date on the
calendar for the 2023 bond issue relating to the 2023/2024 street improvement projects. The 429
requirement is to assess at least 20% of the project costs. The feasibility estimates are at 25% when I add
the portion CLC Partners will be responsible for on the Fir St E construction. Sue Dege received a quote
from Nagell Appraisals to complete the assessment benefit analysis. The appraisal will be completed by
May 14th, before the assessment hearing.
Pay Equity Study: Departments Heads and their staff are reviewing job descriptions for any necessary
changes as part of the pay equity study. Once all positions are evaluated, the jobs will be scored and
graded. The project is moving along within the agreed upon time to wrap up in June.
STAFF
Lori watched mid-session webinar hosted by CGMC.
A lot of training days spent on the Caselle finance systems.
Lori participated in development meetings.
UPCOMING MEETINGS & EVENTS
April 20th – SCAWAC meeting April 25th – Investment broker meeting
April 28th – Pay Equity meeting
-LORI
LORI BARTLETT
FINANCE DIRECTOR
75 Callaway Street East
St Joseph, MN 56374
lbartlett@cityofstjoseph.com
MEETING DATE: March 20th, 2023
AGENDA ITEM: Fire Chief’s Report
1. Call Volume - 2023
- Chart shows emergency Calls from 1-1-2023 – 3-14-2023
72 Medical Emergency
14 Car / Truck Accident
3 Fire Alarm
5 CO Alarm
1 Structure Fire
1 Gas / Fuel Leak
1 Car / Truck Fire
Grass Fire
Other (Assist PD)
Total = 97
2022 we were at 131 at this time
2. Membership Update
- 4 of the new members are in their FF1/FF2/Hazmat classes and will go until beginning of
June
- Working on getting 2 new members through paperwork – tentative start date moved to 4-
11-23
- Still at 28 out of a possible 30 for members.
- Always looking for new members.
3. The Pumper/Tanker Update # 8
- Committee is going down to check out the progress of the truck this week
- Working on ordering Tools, hose, equipment, ect for this truck
- Completion of the truck has been pushed back to April/May 2023 because of production
issues.
4. Grass Rig # 3 Replacement Update
- No new updates
- May not see the chassis until August of 2023. Truck could be ready by September of 2023
5. Fire Study
- Waiting to hear back and still hoping for an End of April completion.
6. Grants
- We continue to look for grants/donations to help offset some of our department cost needs.
7. Other
8. Questions from the council?
Thank you,
Jeff Taufen
SJFD Fire Chief
As of 3-1-23
PUBLIC WORKS REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: April 13, 2023
SUMMARY
• Snow removal
23-snow events
92.9” of snow
550 tons of road salt $52,898.00
Repair parts $41,367.00
10,465 total miles traveled
2193 gallons fuel $8991.00
44 cutting edges $15,400.00
9 curb runners $1170.00
310 loads of snow hauled out
• 2022 DNR water report 99.07% 157,563,000 gal
• Dog Park (Eagle Scout Project)
• No stormwater report requirement for 2022
• Pot hole repair, 20 Ton of cold patch so far
• Hydrant flushing 22-26 May 2023
STAFF
• Street maintenance
• Flushing sanitary sewers
• Reading/repairing water meters
• Storm sewer maintenance
• Park maintenance
• Maintain and operation of five lift stations, two water plants, and storm water system
• Customer concerns, questions, requests
• Hydrant repairs
• Water shut offs
• Equipment repair and maintenance
UPCOMING MEETINGS & EVENTS
• Water/waste water continuing Education
• Weekly staff meetings
• Civic systems TNG
• CMWEA 23 Mar 2023
• Monthly development meeting 27 Mar 2023
• Park board 27 Mar 2023
RYAN WENSMANN
PUBLIC WORKS DIRECTOR
75 Callaway Street East
St Joseph, MN 56374
rwensmann@cityofstjoseph.com
• Council workshop 28 Mar 2023
• Republic Contract Review 30 Mar 2023
• Regional Infrastructure Meeting 5 Apr 2023
-Ryan
POLICE
DWIGHT PFANNENSTEIN
POLICE CHIEF
75 Callaway Street East
St Joseph, MN 56374
dpfannenstein@cityofstjoseph.com
POLICE DEPARTMENT REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: April 17, 2023
SUMMARY
Weather has definitely come around fast from where we were 30 days ago. Spring activities have begun and in
full swing. St. Patrick’s Day party discussions, preplanning, and communications were successful. We are doing
the same for Case day and future large known events. Working on garbage complaints in city and winter
nuisances that are thawing out. Quarterly numbers are attached to this monthly report and if there are specific
questions to why some are larger or smaller than previous years, advance questions would be appreciated so I can
have an explanation at council meeting.
STAFF
Madison is nearly finished with field training and expected to hit the road on her own in the next week or two.
Recently attended MN Chiefs of Police Conference. Main topics of the conference were officer wellness and
reducing PTSD claims, critical incidents, behavioral health, and legal updates just to name a few. Staff will be
getting speed trailer out and moving around again soon.
UPCOMING MEETINGS & EVENTS
College TAMSAK parties and patrolling
Case day
Graduation and other activities associated with spring
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
09021 NO PROOF OF INSURANCE 1 0 0
09035 VERBAL WARNING 3 2 4
09042 GAS NO PAY (NON REPORTABLE) 14 4 1
09045 VERBAL WARNING 2 4 0
09048 DOOR CHECK 0 2 0
09049 FOOT/PARK PATROL 4 13 29
09100 ALL OTHER PARKING VIOLATIONS 2 1 4
09101 PROHIBITED PARKING 1 0 0
09103 HANDICAPPED PARKING 0 0 1
09110 PARKING - WINTER 0 0 1
09194 WARNING TAG - OTHER EQUIPMENT VIOLATION 1 0 0
09212 EXPIRED REGISTRATION 4 2 0
09301 PERSON LOST - WELFARE CHECK 3 0 0
09303 PROPERTY LOST 2 3 0
09304 PERSON MISSING 0 0 2
09313 PROPERTY FOUND 16 9 9
09321 CITY ISSUED PERMITS 0 0 1
09323 SCHOOL CONTACT 47 51 52
09411 CAR/ANIMAL ACCIDENT 0 2 0
09420 PERSONAL INJURY VEHICLE ACCIDENT 1 3 0
09440 PROPERTY DAMAGE VEHICLE ACCIDENT 7 23 21
09450 HIT AND RUN/PROPERTY DAMAGE VEHICLE 4 1 3
09561 DOG BITES 2 1 0
09562 DOG COMPLAINTS 3 4 5
09564 ANIMAL COMPLAINTS (ALL OTHERS) 2 1 5
09565 DOG - BARKING 1 0 2
09566 DOG - AT LARGE 3 2 6
09600 FIRE - ALL OTHERS 2 1 0
09601 FIRE - SINGLE FAMILY 0 1 0
09607 FIRE - GRASS 1 0 0
09608 FALSE FIRE ALARM 2 4 0
09700 SUICIDE 0 0 2
09705 SUICIDE THREAT 5 4 4
09710 SUICIDE ATTEMPT 0 2 0
09720 DECEASED PERSON - BODY FOUND 0 1 0
09731 MEDICAL CALL 69 102 68
09732 ASSIST - PERSONAL ASSIST 23 25 31
09740 BEHAVIORAL HEALTH ISSUE 9 10 15
09794 SUSPICIOUS NOISE 2 1 1
09795 SUSPICIOUS PHONE CALL(S) 1 0 0
09798 SUSPICIOUS ITEM 1 0 3
09799 SUSPICIOUS SMELL 2 2 2
09801 HARASSMENT - NON REPORTABLE 3 6 4
Page 1 of 7
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
09803 NOISE (NO VIOLATION) 5 3 2
09804 FIGHTS 0 0 2
09805 ALARMS 6 18 32
09807 ALARM - FALSE 19 9 3
09811 WELFARE CHECK 30 24 18
09814 FIREWORKS 2 1 0
09816 URINATING IN PUBLIC 0 0 1
09817 NOISE VIOLATION 10 0 4
09826 SUSPICIOUS ACTIVITY 28 11 12
09828 BAR CROWD 6 0 2
09829 SPECIAL DETAIL 0 1 4
09830 UNWANTED PERSON 5 6 7
09831 CIVIL MATTER 3 9 8
09834 JUVENILE PROBLEM 15 8 4
09836 ROAD HAZARD 4 8 8
09837 911 HANG UP 5 14 6
09838 ALL OTHER CITY ORDINANCES 15 2 1
09839 DRIVING COMPLAINT 12 9 9
09840 STALLED VEHICLE 4 7 9
09841 TOWED VEHICLE 0 6 5
09842 VEHICLE IN DITCH 6 15 20
09843 ASSIST - MOTORIST ASSIST 7 17 19
09844 INTOXICATED PERSON 3 11 4
09845 VERBAL DISPUTE 12 8 6
09846 ALL OTHER ORDINANCES 1 0 0
09847 911 CALL 1 2 2
09849 FINGERPRINT 21 16 16
09850 PREDATORY OFFENDER/NO LEVEL/REG/COMP CHK 2 3 0
09854 ESCORT 8 2 2
09858 BACKGROUND CHECKS 1 0 3
09859 ASSIST ST CLOUD PD 4 4 4
09860 ASSIST STATE PATROL 3 7 12
09862 ASSIST MELROSE PD 1 0 0
09863 ASSIST STEARNS COUNTY 55 44 33
09866 ASSIST BUSINESS 66 56 63
09868 SUSPICIOUS VEHICLE 27 17 35
09870 SUSPICIOUS PERSON 5 2 7
09873 ASSIST COLD SPRING PD 3 3 1
09874 ASSIST SARTELL PD 2 2 2
09877 ASSIST WAITE PARK PD 47 23 24
09878 ASSIST OTHER LAW ENFORCEMENT AGENCY 2 4 1
09879 GUN RELATED COMPLAINTS 0 1 0
09882 ASSIST BENTON COUNTY 0 2 0
Page 2 of 7
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
09885 ASSIST ALBANY PD 0 1 1
09886 ASSIST AVON PD 9 6 2
09887 ASSIST AMBULANCE 0 0 1
09889 ASSIST HUMAN SERVICES 22 34 19
09893 LIFT ASSIST 0 3 9
09897 CITIZEN CONTACT 3 11 9
09900 OPEN DOOR AND/OR WINDOW 19 14 11
09901 WARRANT SERVED 0 0 1
09903 GUN - APPLICANT GUN PERMIT (PURCHASE) 2 12 5
09921 FELONY WARRANT 9 2 1
09922 GROSS MISD WARRANT 0 2 0
09924 MISDEMEANOR WARRANT 3 3 1
09927 RECOVERED STOLEN VEHICLE 1 1 0
09931 APPREHENSION AND DETENTION ORDER 4 4 0
09945 JUVENILE RUNAWAY 3 2 2
09955 INFORMATION-C 3 0 0
09970 MATTER OF INFORMATION 29 37 44
09991 NEIGHBORHOOD DISPUTE 5 3 3
09992 CHILD CUSTODY 1 5 6
09993 DOMESTIC, NO CRIME COMMITTED 0 1 1
09995 THREATS COMPLAINT, NO ARREST 4 3 4
09996 ILLEGAL DUMPING 1 0 0
09998 REQUEST FOR EXTRA PATROL 21 5 13
09999 WARRANT/PAPER ATTEMPT 0 1 4
1002 Unlawful Acts of Noise/Noisy Parties 0 2 0
1003 Prohibited Fires/Burning/Illegal Maintenance of Fires 0 0 1
1004.02 Animals (Dogs) Running at Large 0 4 0
1004.03 Failure to License Dog 2 0 0
1010 Public Urination and Defecation 12 6 1
152.025.1(2) Drugs - 5th Degree - Sale - Schedule IV controlled substance mixture 1 0 0
152.025.2(1) Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount
Marijuana
4 4 2
152.027.4(a) Drugs - Possess/Sale Small Amount of Marijuana - No Remuneration 6 4 4
152.092(a) Drugs - Possession of Drug Paraphernalia - Use or Possession Prohibited 7 4 4
168.09.1 Motor Vehicle Registration - Operate Unregistered Vehicle/Without Plates on
Public Streets/Highways
2 0 2
168.09.3(a) Motor Vehicle Registration - No Plates or Insignia Registered Under
Section 168.187
0 1 0
168.09.4 Motor Vehicle Registration - Operate Vehicle With Expired Registration 30 22 18
168.10.3(1) Motor Vehicle Registration - Display Cancelled/Stolen/Revoked Plates 0 0 2
168.10.3(3) Motor Vehicle Registration - Display Anothers Plates 0 0 2
168A.30.2(3) Motor Veh Title - Fail to Deliver Certificate to Transferee within 10
Days
2 0 0
Page 3 of 7
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
169.06.4(a) Traffic Regulations - Failure to obey traffic control device 4 2 4
169.06.5(a)(3)(i) Traffic Regulations-Failure to stop for traffic control signal 0 2 0
169.09.2 Traffic Collision - Driver Involved Fails to Stop for Collision - Driven or
Attended Vehicle
0 0 2
169.09.4 Traffic Collision - Collision with Unattended Vehicle - Notify Victim or
Police
3 0 0
169.13.2(a) Traffic - Careless Driving - Operate any vehicle carelessly on street or
highway
0 0 2
169.14.2(a) Traffic - Speeding - Exceed Limit 25 20 6
169.14.2(a)(1) Traffic - Speeding - Exceed Limit of 30 mph - Urban District 8 0 10
169.14.2(a)(2) Traffic - Speeding - Exceed Limit - 65 mph on Freeways and
Expressways
2 0 0
169.14.2(a)(3) Traffic - Speeding - Exceed Limit 55 mph Where Appropriate 2 4 0
169.14.5 Traffic - Speeding - Exceed Speed Limit Posted in Local Jurisdiction Speed
Zones
2 8 0
169.19.2 Traffic regulations - U turn 1 0 0
169.20.1(b) Traffic Regulation - Fail to Yield Right of Way to driver on right -
Controlled intersection
0 0 2
169.30(b) Traffic Regulation - Failure to Stop at Stop Signs or Stop Lines at Entrance
to Through Highway
2 2 10
169.443.2(a) Traffic Regulation - School Bus - Safety of School Children; Use of Stop
Arm Signal
0 0 1
169.444.1 Traffic Regulation - School Bus - Stop Signal Extended/Red Lights Flashing
- Other Drivers to Stop
0 2 2
169.444.1a Traffic Regulation - School Bus - Passing on Right when flashing amber
signals displayed
0 1 2
169.47.1(a) Traffic Regulation - Unsafe Equipment - Unlawful to Drive Any Vehicle
Which Is in Unsafe Condition
2 0 0
169.475.2(a)(1) Wireless Communications Device - Initiate, compose, send, retrieve,
read electronic message
0 0 2
169.475.2(a)(2) Wireless Communications Device - Engage in cellular phone or video
call
2 0 2
169.475.2(a)(3) Wireless Communications Device - Access video content, images,
games, software applications
0 2 0
169.71.3 Traffic Regulation - Windshield Covered with Frost or Steam to Prevent
Proper Vision
0 2 0
169.71.4(3) Vehicle - Window Restrictions - Tint Too Dark 0 0 2
169.791.2(a) Traffic Regulation - Driver Must Carry Proof of Insurance when
Operating Vehicle
26 12 14
169.797.2 Traffic Regulation-Uninsured Vehicle-Owner Violation 8 0 2
169.797.3 Traffic Regulation-Uninsured Vehicle-Driver Violation 0 2 2
169A.20.1(1) Traffic - DWI - Operate Motor Vehicle Under Influence of Alcohol 6 20 19
Page 4 of 7
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
169A.20.1(5) Traffic - DWI - Operate Motor Vehicle - Alcohol Concentration 0.08
Within 2 Hours
6 16 2
169A.20.2(1) Traffic - DWI - Refuse to submit to chemical test; Breath or test refusal
or failure
0 0 2
169A.25.1(a) Traffic - DWI - Second-Degree Driving While Impaired; 2 or more
Aggravating Factors
2 0 4
169A.26.1(a) Traffic - DWI - Third-Degree Driving While Impaired; 1 Aggravating
Factor
2 12 6
169A.27.1 DWI - Fourth-Degree Driving While Impaired; Described 2 0 4
169A.33.2 Traffic - Underage drinking and driving; Crime described 0 0 4
169A.35.3 Traffic - Open bottle law; Possession; crime described 0 2 4
171.02.1(a) Drivers License - Driving without a valid license for vehicle class or type 6 2 4
171.02.2 Drivers' Licenses - Driving without a Valid License Endorsement for Vehicle
Driven
0 2 0
171.05.1(a) Drivers' Licenses - Instruction Permit Violations - Persons 18 Years or
Older - Requirements
2 0 2
171.20.2(a) Drivers' Licenses - Operate Motor Vehicle after License
Suspension/Revocation/Cancellation
2 0 0
171.22.1(1) Drivers' Licenses - Display/Possess Ficticious or Fraudulently Altered DL
or MN ID
30 10 2
171.24.1 Traffic-Drivers License-Driving After Suspension 14 18 10
171.24.2 Traffic-Drivers License-Driving After Revocation 28 26 24
171.24.3 Traffic-Drivers License-Driving After Cancellation 0 4 6
171.24.5 Traffic-DL-Driving after cancellation-inimical to public safety 7 0 0
340A.503.1(a)(2) Liquor-Consumption by persons under 21 76 20 10
340A.503.3 Liquor-Possession by Person Under 21 2 0 2
340A.503.4(a) Liquor-Persons Under 21 Enter Licensed Premises 2 0 0
425.01 Junk Vehicles 0 0 1
518B.01.14(a) Domestic Abuse - Violate Order for Protection 0 0 6
609.2113.3(3) Criminal Vehicular Operation - Bodily Harm - Alcohol Concentration
.08 or more
0 2 0
609.2113.3(7) Criminal Vehicular Operation - Bodily Harm - Leave scene of collision 0 2 0
609.222.1 Assault-2nd Degree-Dangerous Weapon 1 0 2
609.223.1 Assault-3rd Degree-Substantial Bodily Harm 0 0 2
609.224.1 Assault-5th Degree-Misdemeanor 0 0 2
609.224.1(2) Assault-5th Deg-Inflict or Attempt Bodily Harm 0 2 0
609.2242.1(1) Domestic Assault-Misdemeanor-Commits Act to Cause Fear of
Immediate Bodily Harm or Death
13 8 4
609.2242.1(2) Domestic Assault-Misdemeanor-Intentionally Inflicts/Attempts to Inflict
Bodily Harm on Another
10 2 4
609.2242.2 Domestic Assault-GM-Subsequent Violation 2 2 0
609.2242.4 Domestic Assault-Felony 0 2 0
Page 5 of 7
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
609.2247.2 Domestic Assault - By Strangulation 6 2 4
609.24 Simple Robbery 0 0 1
609.342.1 Criminal Sexual Conduct-1st Degree-Penetration or Contact with Person
Under 13
3 0 0
609.344.1(c) Criminal Sexual Conduct - 3rd Degree - Penetration - Uses force 609.341,
subd 3(2)
0 0 1
609.344.1a(i) Criminal Sexual Conduct - 3rd Degree - Penetration under 18 -
Prohibited occupational relationship
0 0 1
609.3451.1 Criminal Sex Cond-5th Degree-Nonconsensual Sexual Contact 1 0 0
609.487.3 Fleeing a Peace Officer in a Motor Vehicle 0 1 0
609.487.6 Fleeing a Peace Officer By a Means Other Than a Motor Vehicle 2 2 0
609.50.1(2) Obstruct Legal Process-Interfere w/Peace Officer 0 2 2
609.506.1 Give Peace Officer False Name/Birthdate/ID Card 6 2 0
609.506.2 Giving Peace Officer False Name-of Another Person 2 0 2
609.52.2(a)(1) Theft-Take/Use/Transfer Movable Prop-No Consent 16 13 29
609.52.2(a)(17) Theft-Take/Drive Motor Vehicle-No Owner Consent 3 0 3
609.52.2(a)(18) Theft-Theft of motor fuel from retailer 4 6 5
609.52.2(a)(19) Theft - Theft of wages 0 0 1
609.52.2(a)(3)(i) Theft-By check 0 0 1
609.52.2(a)(4) Theft-By Swindle 4 0 1
609.527.2 Identity Theft-Transfers/Possesses/Uses Identity of Other Person 1 0 0
609.528.2 Possession or Sale of Stolen or Counterfeit Check; Crimes 0 0 2
609.53.1 Receiving Stolen Property 2 0 4
609.535.2a(a)(2) Issue Dishonored Check-Value More Than $250-$500 0 0 1
609.546(1) Tamper With Motor Vehicle-Ride In/On-w/o Owner Permission 0 0 1
609.546(2) Tamper With Motor Vehicle/Enter w/o Owner Permission 0 1 9
609.582.3 Burglary-3rd Deg-Steal/Commit Felony or Gross Misd 0 1 2
609.595.1 OR 2 PROP DAMAGE-UNK LVL-PRIVATE-UNK INTENT P0110 4 2 1
609.595.1(4) Damage to Property - 1st Degree - Value Reduced Over $1000 0 0 1
609.595.2(a)(1) Damage to Property - 3rd Degree - Reduce Value $501-$1000 1 2 0
609.595.3 Damage to Property-4th Deg-Intentional Damage-Other Circumstances 6 3 4
609.605.1(b)(4) Trespass-Occupy/Enter Dwelling/Locked/Posted Build 0 0 3
609.605.1(b)(8) Trespass-Return to Property Within One Year 0 2 0
609.631.2(1) Check Forgery-Make or Alter a Check 2 0 0
609.631.2(2) Check Forgery-Falsely Endorse 0 0 1
609.631.3 Check Forgery-Offer/Possess W/Intent to Defraud 1 2 7
609.68 Unlawful Deposit of Garbage, Litter or Like 2 0 1
609.713.1 Threats of Violence - Reckless Disregard Risk 3 0 0
609.713.3(a)(1) Threats of Violence - Cause or Attempt Cause Terror 1 2 0
609.748.10(a) Harassment - Employer Retaliation 0 0 1
609.748.6(a) Harassment; Restraining Order - Violate Restraining Order 2 2 2
609.78.2(1) Emergency Telephone Calls/Communications - Interrupt, Interfere,
Impede, Disrupt 911 Call
0 0 2
Page 6 of 7
St. Joseph Police Department
First Quarter Report: January through March
Offense 2021 2022 2023
609.79 DISTURB PEACE-MS-HARRASSING COMMUNICATIONS N3190 1 0 0
609.821.2(1) Financial Transaction Card Fraud-Use-No Consent 1 0 2
609.821.2(7) Finance Trans Card Fraud-Claim Theft/Loss/Nonreceipt 2 0 0
629.75.2(b) Domestic Abuse No Contact Order - Violate No Contact Order -
Misdemeanor
1 2 4
629.75.2(c) Domestic Abuse No Contact Order - Violate No Contact Order - within 10
years of previous conviction
0 4 2
629.75.2(d)(1) Violate No Contact Order - Within 10 years of the first of two or more
convictions
0 2 4
701.15.2 LIQUOR ON SIDEWALK/STREET 18 6 0
806.01 Unreasonable Acceleration/Braking 2 0 0
Page 7 of 7
RECREATION DEPARTMENT REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: April 13, 2023
SUMMARY
• Bingo 75, 40, 50 attended the three nights
• Pickleball has been popular Sundays 11-2, Monday & Tuesdays 6-9; average 18/night(33 most)
• Summer Recreation signup has started and will continue thru April(t-ball, soft-toss, coach pitch,
soccer, basketball, softball, toddler triathlon)
• Looking for coaches for summer activities
• “Clue” game at Klinefelter Park, I know several participated despite the snow storms, tracks
• Cribbage and 500 were requested, starts March 22; attended
• Received a donation of $1000 from Scheels towards a basketball hoop
• We were awarded two MN Twins Grants, $2000 for coaches and $8000 for our fields
• $100 donation from the St Joseph Lions for the Adult Egg Hunt appetizers
• Flashlight Dash April 7 – Adult Egg Hunt at Milk & Honey Ciders; prizes donated by Mission
Nutrition, Sal’s, the La, Chiropractic Connection, The Middy, Cloud 9 Energy bowls, Magnify
Financial, The St Joseph Lions, KPower Yoga, WR Home, Jupiter Moon, Wandering Cow, Milk
and Honey Ciders, MN Street Market; 200 adults signed up
• April Art Classes taught by Olivia Henson, art major from CSB
• Night of Coding April 20, 20 kids signed up
• Need direction on Community Outreach Picnic. Original purpose was to address the trash and
vandalism at the park with the people who live in that area and those that use the park most. So,
neighbors and Somali residents were invited to a picnic for a discussion. Decided to have it again
the next year to see if we could get the Somali residents to get involved in the community. They
still have not been involved in anything in the community. The 3 on 3 basketball is helping to
keep the park clean. So, what is the goal of continuing the picnic? People are asking why we
don’t move the picnic to other parks in the city. I just need to know how to respond
UPCOMING MEETINGS & EVENTS
• May 13th, Bike event with the Women of Today
• May 20th, Movie In The Park, Puss In Boots
• May 24th, Twins Game with the Whitney Senior Center
• Next Park Board meeting is April 24
-RHONDA
RHONDA JUELL
RECREATION DIRECTOR
75 Callaway Street East
St Joseph, MN 56374
rjuell@cityofstjoseph.com