HomeMy WebLinkAbout09.05.23CITY 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
September 5, 2023
6:00 PM
**The City Council meeting will be conducted in-person in the council chambers of the St.
Joseph Government Center. Members of the public can attend in-person or via Zoom. **
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1.6:00 PM Call to order - Pledge of Allegiance
2.Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address
the council with questions/concerns/comments (regarding an item NOT on the agenda). No
Council response or action will be given/taken other than possible referral to Administration.
3.Approve Agenda
4.Consent Agenda
a.Minutes – Requested Action: Approve the minutes of August 21, 2023 and August 22,
2023.
b.Bills Payable – Requested Action: Approve Check Numbers 60888-60963, Account
Payable & Payroll EFT 3123-3134, Regular Pay Period 17.
c.Transfers – Requested Action: Approve the budget transfers as presented.
d.Application for Payment 1, 2023 Street Improvements – Requested Action: Approve
application for payment 1 to Larson Excavating Contractors, Inc. in the amount of
$53,488.45 for the 2023 Street Improvement Project.
e.Joint Powers Agreement with School District 742 – Requested Action: Suspend the Joint
Powers Agreement with School District 742 indefinitely.
5.Conditional Use Permit Request – KAB Land LLC
6.Variance Request – KAB Land LLC
7.2024 Capital Equipment Budget
8.East Park Final Design Services Agreement
9.Consideration of Approval of Lobbyist Contract with Flaherty & Hood
10.Mayor and Council Reports and Miscellaneous Business
11.Adjourn
August 21st, 2023
Page 1 of 3
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Monday, August 21st, 2023, at 6:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Bob Loso, Adam Scepaniak,
Kelly Beniek
City Representatives Present: Administrator David Murphy, Public Works Director Ryan Wensmann,
Police Chief Dwight Pfannenstein, City Engineer Bryce Johnson, Community Development Director Nate
Keller, City Clerk Kayla Klein
Public Comments: None.
Approve Agenda: Kluesner motioned to approve the agenda; seconded by Scepaniak and passed
unanimously.
Consent Agenda: Kluesner made a motion to approve the consent agenda; seconded by
Scepaniak. Schultz pulled item f. for discussion. The motion to approve consent agenda items a. –
e. and g. – i. passed unanimously.
Consent Agenda:
a. Minutes – Requested Action: Approve the minutes of August 7, 2023.
b. Bills Payable – Requested Action: Approve Check Numbers 60833-60884, Account Payable &
Payroll EFT #3112-3122; Regular Pay Period 16.
c. Donations – Requested Action: Accept the Donations as presented.
d. Financial Reports – Requested Action: Approve the July financial reports as presented.
e. Payment Application, Final Payment, 2020 20th Ave SE Improvements – Requested Action:
Approve final payment application to C&L Excavating for the 2020 20th Ave SE Improvements.
f. Amendment to Orderly Annexation Agreement with St. Joseph Township – Requested Action:
Approve Resolution 2023-037 Amending the Orderly Annexation Agreement and Incorporating
Parcel 82.44015.0145 into the Township of St. Joseph.
g. Planning Commission Appointment – Requested Action: Appoint Isabella Margl to the Planning
Commission for the remainder of the vacant term ending December 31, 2023.
h. Purchase of Fence for Millstream Park – Requested Action: Approve the bid from Authority
Fence for $14,814 to put in a fence at Millstream Park.
i. Declaration of Surplus Property, Hollow Park Playground Equipment – Requested Action:
Declare the old playground equipment at Hollow Park as surplus property and authorize staff to
place the item on MinnBid.
Schultz asked for clarification regarding the parcel requesting to be annexed into the Township of St.
Joseph.
Keller explained the applicant’s parcel is currently located within the City of St. Cloud and has requested
detachment from the City of St. Cloud, this requires an Amendment to the Orderly Annexation Agreement
with the Township of St. Joseph. There are no city utilities on the property therefore the property would be
annexed into the Township rather than the City. The City of St. Cloud has approved the detachment. The
Council and Township Board are required to approve the request by adopting a joint resolution. The St.
Joseph Township Board will act on the resolution at their August 28th meeting.
Schultz made a motion to approve Consent Agenda Item f.; seconded by Kluesner and passed
unanimously.
Public Hearing – Wellhead Protection Plan Part II: Mark Sherrill, a representative with SEH has been
working with Public Works Director Ryan Wensmann and the MN Dept of Health to amend and update
the City’s Wellhead Protection Plan. Part I of the Wellhead Protection Plan concluded with a public
information meeting which discussed where the City’s water is coming from and drinking water supply
management area. Part II of the Wellhead Protection Plan concludes with the public hearing and a review
period with local government.
Sherrill provided an overview of the Wellhead Protection Plan Part II.
August 21st, 2023
Page 2 of 3
Staff and Sherrill discussed surface water contribution area and how that may correlate to water quality.
Scepaniak inquired whether the last two summers of dry weather has affected the aquifer levels in St.
Joseph.
Wensmann shared the static levels of our wells have fluctuated only ½ inch during the last two years
indicating the level of water in our wells is healthy.
Schultz opened the public hearing at 6:13PM.
Schultz shared that comments were received from the Stearns County Soil & Water Conservation
District which will be added to the record.
As no one wished to speak, Schulz closed the public hearing at 6:14PM.
Consideration of Approval of Extension of the Fire Contract between the City of St. Joseph and St.
Joseph Township: City Administrator David Murphy shared the current Fire Contract Extension expires
August 30th. A couple of items that require further discussion are length of severance clause and division
of ownership of the St. Joseph Fire Hall and equipment. Staff is requesting a motion to extend the
contract until December 31st, 2023.
Loso made a motion to Approve Fire Contract Extension to December 31, 2023; seconded by
Beniek and passed unanimously.
Consideration of Adoption of Resolutions 2023-040 and 2023-041 Extending the Franchise Agreements
with Xcel Energy: City Administrator David Murphy shared with the Council the request before them is to
approve extending the Franchise Agreements for Gas and Electric Services with Xcel Energy to
December 31st, 2023. Murphy explained the City Attorney and the attorney for Xcel Energy have been
working on the agreement and expect to have it completed soon.
Loso made a motion to Adopt Resolutions 2023-040 and 2023-041 Extending the Franchise
Agreements with Xcel Energy; seconded by Scepaniak and passed unanimously.
Fund Close out for Fir Street Extension: City Administrator David Murphy explained to the Council the
request before them is to Close fund 408 via residual transfer to the 308 Bond Fund. Construction of a
cul-de-sac on the eastern edge of Fir Street was part of the 2019 CLC Partnership Industrial Park
Development Agreement. Fir street was constructed as part of the industrial park development funded via
bond sales and assessed to the benefiting properties. Excess proceeds from the bond sale and
construction came to $227.848.89.
The 2021 Northland Business Center 2nd Addition Development Agreement included a reconfiguration of
the lots in the industrial park adjacent to Fir Street. The reconfiguration removed the cul-de-sac and
replaced it by extending Fir Street.
Language in the 2021 agreement states the City would use the excess proceeds from the 2019 project to
offset the costs of extending Fir Street. Additionally, the Development agreement states the Fir Street
extension would be constructed at the developer’s expense with the costs incurred by the developer
being offset by the excess proceeds. Bond counsel informed City Staff the excess funds are “city funds”
thus the project would need to be competitively bid since the Engineer’s estimate exceeds the threshold
requiring competitive bidding.
The City moved forward with the project as a 429 project and has called for the advertisement of bids.
The Engineer is estimating the project to be $360,000, which would leave about $135,000 to be assessed
to adjoining properties. The developer believes they can construct the street privately for much less than
the Engineer’s estimate.
August 21st, 2023
Page 3 of 3
An alternative to the 429 processes has been identified after discussion with the developer. The
developer has proposed constructing the extension to the City’s specifications at their expense. The
excess proceeds from the 2019 project would be utilized to abate the outstanding assessments.
Scepaniak made a Motion to Close Fund 408 via residual transfer to the 308 Bond Fund; seconded
by Beniek and passed unanimously.
Consideration of Resolution 2023-039 Cancelling the Bid Opening for the 2023 Fir Street Extension:
Murphy asked the Council to consider adopting the resolution to cancel the bid opening for the 2023 Fir
Street Extension because the developer will be constructing the extension at their own expense in
accordance with the development agreement.
Beniek made a motion to Approve Resolution 2023-039 Cancelling the 2023 Fir Street Extension
Project; seconded by Kluesner and passed unanimously.
Engineer Reports: None.
Department Reports: Keller provided the Council an update on the Planning Commission’s decision to
table the action on the Conditional Use Permit for the Special Event Facility off Jade Road at their August
14th meeting. They will reconvene on August 28th to review and develop recommendations.
Mayor and Council Reports/Updates: Councilmember Kluesner shared that he has been accepted to the
Metro Citizens Police Academy Program. The ten-week program will begin on September 7th.
Mayor Schultz gave an update on the Area Planning Organization (APO) meeting last week. Two
projects; the environmental study for the Mississippi River Bridge and Safe Streets and Roads for All were
a couple of line items discussed. Som e cities who belong to the APO will not benefit from the project/s
while their annual dues will increase significantly due to them. This year’s assessment has increased from
about $7K to $21K for the City of St. Joseph. Schultz explained the APO discussed cost sharing for
these projects additionally; the APO has monies available in their general fund to cover the portion of the
projects funding did not cover. The APO has agreed to delay a decision regarding funding of these
projects pending discussions scheduled for late 2023 or early 2024.
Schultz shared he received a phone call from a resident on Saturday, August 19th explaining the parking
spaces on the east and west sides of College Ave N. were blocked off with cones and chairs. Schultz
made phone calls to staff and local businesses and was unable to locate the party responsible for
blocking off the parking spaces. Schultz shared that he moved the cones and chairs himself as it was a
clear violation to block the parking spaces without permission from the City.
Adjourn: Beniek made a motion to adjourn at 6:42PM; seconded by Schultz and passed
unanimously.
Kayla Klein
City Clerk
August 22, 2023
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in a workshop
setting on Tuesday, August 22, 2023, at 5:30PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz; Councilmembers Kelly Beniek, Kevin Kluesner, Adam Scepaniak
Absent: Councilmember Bob Loso
City Representatives Present: Administrator David Murphy, Finance Director Lori Bartlett, Public Works
Director Ryan Wensmann, City Clerk Kayla Klein, Community Development Director Nate Keller, Police
Chief Dwight Pfannenstein, Recreation Director Rhonda Juell, City Engineer Bryce Johnson
2024 Budget: Finance Director Lori Bartlett presented an overview of where the budget is at. Bartlett
anticipates a reduction in the debt levy as well as an increase in the tax revenue due to the city recouping
more of the Industrial Park East taxes as a result of the annexation. The City will also receive around a
$200,000 increase in Local Government Aid (LGA). Public Safety Aid, a one-time aid for cities for a public
safety purpose, in the amount of $312,921, will be sent on December 26, 2023. There is not a deadline to
use the funds so the city has time to figure out where to best use the aid.
Elm Street Alignment: Staff presented alternate options for the Elm Street East alignment. Council
consensus was to move forward with the original design proposed. Schultz requested that SEH look into
moving the road slightly north to avoid impacting additional property owners to the south, but also
potentially not having to impact parking spaces on the northern property.
Baker Street Drainage: Councilmember Beniek was approached by a resident that is having drainage
problems in the rear yard. This issue has been brought to council before and the City does not fix
drainage issues on private property. There is a drain that could be lowered by the City; however, the
property owner would need to adequately fix the drainage problem in order for the drain lowering to be
effective.
Scheduling of Visioning Session & Strategic Planning Session: The visioning session will take place on
September 26th from 4-7:30PM. The Strategic Planning session will take place on October 3rd from 4-
7:30PM.
Grant Prioritization: Community Development Director Nate Keller sought feedback from council on grant
priorities. Some ideas included: Trail extension along CR121 connecting to East Park; Business
Development Public Infrastructure Grant – Industrial Park Phase 2; Local Housing Aid for Greater MN
Cities. Schultz noted that the city is not ready for the Industrial Park Phase 2 project. Additional grant
ideas will be flushed out as part of the upcoming strategic planning sessions.
Lobbying Contract Services for County Road 2 Sewer Main Extension: The lobbying contract with Chris
DeLaforest has expired. Flaherty & Hood also provides lobbying services and can be considered as well.
The services would focus on the County Road 2 Sewer Main Extension project. Council directed staff to
obtain a quote from Flaherty & Hood and bring back to a future meeting.
Other: Public Works Director Ryan Wensmann stated he received a call from the owners of the La
Playette asking if they could block off parking spots in front of Bad Habit Brewing Co. whom they are
partnering with for St. John’s University home football games to shuttle people back and forth. There are
3 or 4 home games and the parking spots would be blocked off for a good portion of the day. Council
discussed and determined that the bus can pick people up off of Ash Street or in the alley north of the La
Playette.
Schultz adjourned the meeting at 6:28 PM.
Kayla Klein
City Clerk
STAFF MEMO
Prepared by:
Debbie Kulzer
Meeting Date:
9/5/23
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
Reviewed by: Item:
Bills Payables
ACTION REQUESTED
Approve the bills payables as presented.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
See below
REFERENCE AND BACKGROUND
The council approved staff to make the following payments through the payroll contracts, regular
monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at
previous council meetings. The information here is to provide you all checks and electronic
payments made for verification of the disbursement completeness.
BUDGET IMPACT
Bills Payable – Checks Mailed Prior to Council Approval
Regular PP 17 $62,217.68
Payroll & Accounts Payable EFT #3123 - #3134 $101,742.56
Check Numbers #60888 - #60958 $360,385.82
__________________________________________________
Total $524.346.06
Bills Payable – Checks Awaiting Council Approval
Check Numbers #- #60959 - #60963 $13,290.90
Total $13,290.90
Total Budget/Fiscal Impact: $537,636.96 Various Funds
STAFF RECOMMENDED ACTION
Approve the bills payables as presented.
SUPPORTING DATA/ATTACHMENTS
Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval.
4b
GL Check Check Vendor Invoice Invoice Check
Period Issue Date Number Number Payee Number GL Account Amount
23-Aug 8/23/2023 ACH PAYROLL REG PP 17 VARIOUS $62,217.68
23-Aug 8/18/2023 3123 897 MN DEPARTMENT OF REVENUE PR0804231 101-21702 4,152.50$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD JULY 23 STMT - FRGN TRANS FEE 101-41430-317 2.39$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD July 23 STMT - Kayla 101-41430-210 2,051.34$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD July 23 STMT - Lori 101-41430-331 478.10$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD July 23 STMT - Nate 101-41910-310 497.66$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD July 23 STMT - PD 101-42120-210 135.84$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD July 23 STMT - PW 101-45202-220 3,289.28$
23-Aug 8/18/2023 3124 104139 SENTRY BANK-CREDIT CARD July 23 STMT - Rhonda 101-45204-213 134.70$
23-Aug 8/18/2023 3125 106514 DELTA DENTAL RIS0005064332 101-21706 2,384.01$
23-Aug 8/18/2023 3126 107068 MEDICA 692742853011.00 101-21706 35,365.86$
23-Aug 8/18/2023 3127 1349 NCPERS GROUP LIFE INSURANCE 735000082023.00 101-21711 57.00$
23-Aug 8/18/2023 3128 106543 THE HARTFORD 395927607923.00 101-21711 206.15$
23-Aug 8/25/2023 3129 106468 AMERICAN FUNDS PR0818231 101-21705 150.00$
23-Aug 8/25/2023 3130 1224 EFTPS PR0818231 101-21703 17,878.91$
23-Aug 8/25/2023 3131 897 MN DEPARTMENT OF REVENUE JULY 2023 SALES/USE TAX 603-00000-31320 7,627.00$
23-Aug 8/25/2023 3131 897 MN DEPARTMENT OF REVENUE PR0818231 101-21702 3,844.11$
23-Aug 8/25/2023 3132 63 PERA PR0818231 101-21704 18,749.13$
23-Aug 8/25/2023 3133 105209 SENTRY BANK PR0818231 101-21715 2,188.58$
23-Aug 8/25/2023 3134 106189 VOYA FINANCIAL PR0818231 101-21705 2,550.00$
23-Aug 8/17/2023 106 CENTRAL MCGOWAN, INC 734070 101-42120-210 15.01$
23-Aug 8/17/2023 106 CENTRAL MCGOWAN, INC 0000734070-2 210-42270-210 15.00$
23-Aug 8/17/2023 107807 CENTRAL MOTORCAR SPECIALTIES 19120 101-42152-230 816.44$
23-Aug 8/17/2023 108079 CHAMBERLINE OIL CO.442357-00 101-42152-230 82.70$
23-Aug 8/17/2023 1265 CINTAS CORPORATION NO. 2 JULY 23 STMT 101-41430-210 1,076.59$
23-Aug 8/17/2023 1265 CINTAS CORPORATION NO. 2 June 23 STMT 101-41430-210 1,560.21$
23-Aug 8/17/2023 106971 EO JOHNSON BUSINESS TECH INV1380353 101-41710-310 401.00$
23-Aug 8/17/2023 592 GALLS, INC 23769462 101-42120-171 285.80$
23-Aug 8/17/2023 592 GALLS, INC 23769474 101-42120-171 105.14$
23-Aug 8/17/2023 592 GALLS, INC 23853035 101-42120-171 656.81$
23-Aug 8/17/2023 76 GRANITE ELECTRONICS, INC 154014594-1 210-42250-220 35.00$
23-Aug 8/17/2023 108237 INTOXIMETERS, INC.738077 101-42120-210 110.00$
23-Aug 8/17/2023 105417 MIDCONTINENT COMMUNICATION1.64557E+13 602-49480-321 2,664.68$
23-Aug 8/17/2023 106764 O REILLY AUTO PARTS 5771-302626 101-42152-230 149.99$
23-Aug 8/17/2023 106764 O REILLY AUTO PARTS 5771-302636 101-42152-230 35.91$
23-Aug 8/17/2023 106764 O REILLY AUTO PARTS 5771-302851 101-42152-230 15.83$
23-Aug 8/17/2023 13 REPUBLIC SERVICES 0891-001291695 603-43230-384 28,627.01$
23-Aug 8/17/2023 11 STEARNS ELECTRIC ASSOCIATION July 23 STMT 602-49471-381 2,853.79$
23-Aug 8/17/2023 106380 TACTICAL SOLUTIONS 9593 101-42151-210 355.00$
23-Aug 8/17/2023 690 VERIZON WIRELESS 9940354314 210-42250-321 2,193.38$
23-Aug 8/17/2023 100136 XCEL ENERGY 838509660 652-43160-386 17,788.52$
23-Aug 8/24/2023 38 AUTO VALUE PARTS STORES - WEST7998521 101-43125-220 19.04$
23-Aug 8/24/2023 106682 BROTHERS FIRE & SECURITY W27478 601-49421-300 300.00$
23-Aug 8/24/2023 106682 BROTHERS FIRE & SECURITY W27521 601-49421-300 500.00$
23-Aug 8/24/2023 108246 BSN SPORTS LLC 922432723 205-45202-531 6,915.00$
23-Aug 8/24/2023 102871 C & L EXCAVATING, INC 2023 - No. 2 Final 410-43120-530 10,090.66$
23-Aug 8/24/2023 108215 Carr's Tree Service, Inc.29880 SC 101-43120-220 1,800.00$
23-Aug 8/24/2023 145 CENTRAL HYDRAULICS, INC 135480 101-43125-230 94.30$
23-Aug 8/24/2023 145 CENTRAL HYDRAULICS, INC 135592 602-49450-230 14.60$
23-Aug 8/24/2023 106 CENTRAL MCGOWAN, INC 0000742213 - Fire 210-42220-210 29.76$
23-Aug 8/24/2023 106 CENTRAL MCGOWAN, INC 0000742213 - PD 101-42120-210 29.75$
23-Aug 8/24/2023 107807 CENTRAL MOTORCAR SPECIALTIES 19190 101-42120-210 109.78$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.441175-00 110-43201-580 1,818.12$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.443877-00 101-45202-230 16.43$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.444457-00 101-43125-230 200.13$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.444462-00 101-43201-214 53.79$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.444692-00 101-43125-230 200.13$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.445143-00 101-43201-210 (100.00)$
23-Aug 8/24/2023 108079 CHAMBERLINE OIL CO.445236-00 101-43201-210 370.00$
23-Aug 8/24/2023 160 CITY OF ST. CLOUD AR028949 602-49480-602 63,144.38$
23-Aug 8/24/2023 104893 COLD SPRING CO-OP JULY 23 STMT 101-43120-210 268.99$
23-Aug 8/24/2023 106250 COMPUTER REPAIR UNLIMITED 1193 104-42120-580 197.60$
23-Aug 8/24/2023 106250 COMPUTER REPAIR UNLIMITED 1194 104-42120-580 156.00$
23-Aug 8/24/2023 106408 CUSTOMIZED FIRE RESCUE TRAIN 2406 210-42240-443 800.00$
23-Aug 8/24/2023 112 DESIGN ELECTRIC, INC 20099 601-49421-220 378.86$
23-Aug 8/24/2023 103948 FIRE EQUIPMENT SPECIALTIES INC 11225 210-42220-585 635.06$
23-Aug 8/24/2023 103948 FIRE EQUIPMENT SPECIALTIES INC 11231 210-42220-585 1,125.92$
23-Aug 8/24/2023 103948 FIRE EQUIPMENT SPECIALTIES INC 11242 210-42281-585 4,601.19$
23-Aug 8/24/2023 266 FLEXIBLE PIPE TOOL COMPANY INC29059 602-49450-230 237.00$
23-Aug 8/24/2023 592 GALLS, INC 21540878 101-42120-171 73.77$
23-Aug 8/24/2023 592 GALLS, INC 25060203 101-42120-171 48.80$
23-Aug 8/24/2023 592 GALLS, INC 25091559 101-42120-171 70.79$
23-Aug 8/24/2023 529 GOODIN COMPANY 5364383-02 601-49421-210 54.50$
23-Aug 8/24/2023 529 GOODIN COMPANY 5365914-00 601-49440-220 136.88$
23-Aug 8/24/2023 529 GOODIN COMPANY 5367539-00 601-49421-220 32.38$
23-Aug 8/24/2023 1535 GRAINGER 9784945900 601-49421-220 778.36$
23-Aug 8/24/2023 1535 GRAINGER 9790657432 601-49440-220 49.00$
23-Aug 8/24/2023 1535 GRAINGER 9791726160 601-49440-220 23.74$
23-Aug 8/24/2023 1211 HACH COMPANY 13685073 601-49420-210 308.40$
23-Aug 8/24/2023 36 HAWKINS, INC 6549365 601-49420-210 3,977.18$
23-Aug 8/24/2023 36 HAWKINS, INC 6549366 601-49421-210 5,170.55$
23-Aug 8/24/2023 103046 HEARTLAND DOOR SALES INC.33616 210-42281-300 275.00$
23-Aug 8/24/2023 106161 JACKS OIL DISTRIBUTING, INC.69890 602-49450-205 1,484.50$
23-Aug 8/24/2023 107159 KRILLAN, INC.10802 220-46500-209 626.40$
23-Aug 8/24/2023 1 LEES ACE HARDWARE July 23 STMT- Fire 101-45202-210 60.96$
23-Aug 8/24/2023 107502 LEXISNEXIS 1694850-20230731 101-42120-300 106.09$
23-Aug 8/24/2023 151 MACQUEEN EMERGENCY, INC P18802 210-42220-210 400.00$
23-Aug 8/24/2023 105921 MARCO, INC 508856911 101-41430-410 453.47$
23-Aug 8/24/2023 107058 METERING & TECHNOLOGY SOLUT INV2969 601-49430-210 59,527.14$
23-Aug 8/24/2023 107058 METERING & TECHNOLOGY SOLUT INV3005 601-49430-210 35,418.43$
23-Aug 8/24/2023 107058 METERING & TECHNOLOGY SOLUT INV3037 601-49430-210 641.93$
23-Aug 8/24/2023 108244 MIDWEST PLAYSCAPES INC.10077 205-45202-531 28,983.23$
23-Aug 8/24/2023 156 MINNESOTA HOME IMPROVEMEN 105811 101-43201-220 22,275.00$
23-Aug 8/24/2023 107249 MINNESOTA PAVING & MATERIALS1781879 101-43120-220 84.50$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163073:01 101-43125-230 1,019.85$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163073:02 101-43125-230 59.68$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163073:03 101-43125-230 1,276.69$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163552:01 602-49450-230 84.54$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163552:02 602-49450-230 58.46$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163695:01 101-43125-230 79.30$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163702:01 602-49450-230 118.77$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163702:02 101-43125-230 820.55$
23-Aug 8/24/2023 108072 MOMENTUM TRUCK GROUP X194163702:03 101-43125-230 250.96$
23-Aug 8/24/2023 108022 MOONEY, ANDREW August 2023 Fire Dinner 101-21712 36.72$
23-Aug 8/24/2023 1616 MVTL LABORATORIES, INC 1209771 602-49480-312 149.60$
23-Aug 8/24/2023 1616 MVTL LABORATORIES, INC 1210671 602-49480-312 512.60$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-304410 602-49450-230 32.97$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-304691 101-43125-230 76.98$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-305042 101-43125-230 5.52$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-305240 101-43125-230 13.49$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-305437 101-43125-230 95.58$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-305446 602-49450-230 63.54$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-306087 101-43125-220 21.48$
23-Aug 8/24/2023 106764 O REILLY AUTO PARTS 5771-306213 602-49450-230 62.61$
23-Aug 8/24/2023 102301 OFFICE DEPOT July 2023 STMT 101-41430-200 288.58$
23-Aug 8/24/2023 103475 POWERHOUSE OUTDOOR EQUIP 679115 101-45202-230 50.39$
23-Aug 8/24/2023 105150 PROM, JOHN August 2023 Dinner 101-21712 118.39$
23-Aug 8/24/2023 105873 RIDGEWOOD CONTRACTING, LLC June 2023- July 2023 603-43230-300 2,910.00$
23-Aug 8/24/2023 134 SECURITY LOCK TECHNOLOGIES 165673 101-41942-220 110.00$
23-Aug 8/24/2023 48 SEH, INC 451146 601-49434-303 445.50$
23-Aug 8/24/2023 48 SEH, INC 451600 417-43120-530 9,980.00$
23-Aug 8/24/2023 48 SEH, INC 451605 417-43120-530 7,376.38$
23-Aug 8/24/2023 48 SEH, INC 451647 101-43131-303 4,782.00$
23-Aug 8/24/2023 105615 SHIFT TECHNOLOGIES, INC.61848 101-41710-310 108.00$
23-Aug 8/24/2023 6 ST. CLOUD TIMES 5776323 101-41910-340 313.88$
23-Aug 8/24/2023 392 STREICHERS, INC I1646271 101-42140-210 2,109.60$
23-Aug 8/24/2023 103545 SUMMIT FIRE PROTECTION 150032584 210-42220-585 477.60$
23-Aug 8/24/2023 1152 SUNSET MFG CO., INC.29167 601-49420-220 28.43$
23-Aug 8/24/2023 1152 SUNSET MFG CO., INC.29186 601-49420-220 17.25$
23-Aug 8/24/2023 1507 TAFT STETTINIUS & HOLLISTER 6105317 110-41430-300 4,225.00$
23-Aug 8/24/2023 110 TIREMAXX SERVICE CENTERS 421565 101-45202-230 105.89$
23-Aug 8/24/2023 102831 TOTAL CONTROL SYSTEMS, INC 10807 601-49410-300 817.40$
23-Aug 8/24/2023 107824 VAN METER INC S012842305.001 601-49421-220 168.57$
23-Aug 8/24/2023 107953 WEISMAN CLEANING INC 6598 210-42280-300 1,785.00$
23-Aug 8/24/2023 108127 WHEELCO INV389629 101-45202-230 17.92$
23-Aug 8/24/2023 108233 WHITE CAP 50022377932 651-49900-220 174.48$
23-Aug 8/24/2023 108233 WHITE CAP 50023196909 651-49900-220 133.38$
23-Aug 8/24/2023 108245 WILKINS, JOSHUA July 2023 Meeting Dinner 101-21712 51.98$
23-Aug 8/24/2023 2022 UNUM LIFE INSURANCE AUGUST 23 STD, LTD 101-21713 2,092.76$
23-Aug 8/24/2023 2022 UNUM LIFE INSURANCE July 23 STD & LTD 101-21713 2,087.83$
23-Aug 8/24/2023 2022 UNUM LIFE INSURANCE June 2023 Refund/Correction 101-21713 (2,213.96)$
23-Aug 8/24/2023 2022 UNUM LIFE INSURANCE June 23 STD & LTD 101-21713 2,072.38$
System Error in check sequence
23-Aug 8/31/2023 60959 108247 FEDERAL LICENSING, INC.License Renewal WNNY387 210-42210-300 120.00$
23-Aug 8/31/2023 60960 108244 MIDWEST PLAYSCAPES INC.10077i 205-45202-531 7,800.00$
23-Aug 8/31/2023 60961 1078 MN DEPARTMENT OF HEALTH 07/01/23 - 09/30/23 601-49440-444 4,476.00$
23-Aug 8/31/2023 60962 106764 O REILLY AUTO PARTS 5771-305519 101-42152-230 91.15$
23-Aug 8/31/2023 60962 106764 O REILLY AUTO PARTS 5771-305952 101-42152-230 49.99$
23-Aug 8/31/2023 60963 169 ZEP MANUFACTURING, INC 9008882662 602-49450-210 219.82$
23-Aug 8/31/2023 60963 169 ZEP MANUFACTURING, INC 9008882663 101-45202-210 533.94$
Payroll
$62,217.68 $537,636.96
Accounts Payable & Payroll EFT
$101,742.56
Check #'s
$360,385.82
Council Approval Checks
$13,290.90
STAFF MEMO
Prepared by:
Lori Bartlett, Finance Director
Meeting Date:
9-5-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4c
Reviewed by:
Item:
2023 Transfers
ACTION REQUESTED
Consider authorization of the 2023 transfers as presented.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
None
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
Operating Transfers:
The operating transfers are annual for debt funding and reserves set aside for retirement/termination
benefit payouts. These are annual transfers as needed each year. In addition, the Movie in the Park is
funded out of the charitable gambling fund. The event is sponsored by donations. Donations have
come in short compared to the cost of putting on the movie event. Staff recommends adding funds into
the account from debt relief to ensure the program can continue. The transfer of $300,000 from local
option sales tax to the park board fund is the portion council set aside for East Park phase 1
development.
Chargebacks:
The chargebacks are budgeted line items for the portion of storm water benefits from semi-annual
street sweeping and administrative reimbursement to administer the composting program.
Due To/Due From Other Funds:
These are liabilities and assets where one fund borrows from another city fund to cover costs until
future revenues are received to pay back. The 2023 street improvement project feasibility work began
in Dec. 2022. The city will not issue bonds to pay for the project until fall 2023. In the meantime, the
project fund borrowed cash from the General fund to cover the initial engineering costs. This is typical of
the project cycle each year. With the bond issue approaching, staff recommends paying back the
general fund the portion borrowed in 2022.
BUDGET IMPACT
$1,234,501.50 between funds
STAFF RECOMMENDED ACTION
Authorize the 2023 transfers as presented.
SUPPORTING DATA/ATTACHMENTS
2023 Transfers
City of St. Joseph, Minnesota
Transfers
Requested September 5, 2023 for Financial Year 2023
Fund Description Amount In Amount Out Purpose
Operating:
601 Water Fund 8,848.00 reserve funding from amount not used
602 Sewer Fund 8,542.00 for employee insurance benefits
603 Refuse Fund 100.00
651 Storm Water Fund 496.00
652 Street Light Utility Fund
102 Employee retirement reserve fund 17,986.00
110 Debt Relief Fund 1,500.00 fund movies in the park - donations fell
215 Charitable Gambling Fund 1,500.00 short of costs for a couple years
205 Park Dedication Fund 300,000.00 Move the portion of local option sales tax set aside
200 Local Option Sales Tax Fund 300,000.00 for the East Park development - phase 1
304 2016B GO Bonds - Field Street 5,000.00 Portion of Field St covered by local option sales
200 Local Option Sales Tax Fund 5,000.00 tax as part of the transportation funding for debt pmt.
302 2022A Abatement Bonds - Comm Ctr 480,000.00 Annual transfer of local option sales tax to 2022
200 Local Option Sales Tax Fund 480,000.00 abatement bonds for community center/YMCA
601 Water Fund 5,000.00 annual transfer - sewer portion of the 2020C
602 Sewer Fund 5,000.00 water refunding bonds
601 Water Fund 5,020.00 annual transfer - utility portion of the 2021
602 Sewer Fund 39,460.00 street improvements bond for 20th Ave SE
651 Stormwater Fund 34,860.00 (note: transfer not completed in 2022 so moved
311 2021A Improvement Bonds 79,340.00 2 years worth in 2023)
602 Sewer Fund 140,000.00 Annual transfer for the St. Cloud loans
502 Utility Extension Charges - SAC 140,000.00 and St. Joseph sewer bond payments
601 Water Fund 180,000.00 Annual transfer of WAC fees for WTP2
501 Water Fund 180,000.00 Wells 6,7,8 debt payments
Chargebacks:
101 General Fund 101-43120-36300 14,000.00 Annual Transfer for Street Sweeping costs
651 Storm Water Fund 651-49900-302 14,000.00
101 General Fund 101-43120-36300 2,000.00 Annual transfer for compost permits/old site pile
603 Refuse Fund 603-43230-302 2,000.00 (admin staff time/loader reimbursement)
Due To/Due From Other Funds:
101 General Fund 9,675.50 pay back the portion of the 2023 street project
417 2023 Street Improvements project 9,675.50 feasibility report paid in 2022 by the general fund
1,234,501.50 1,234,501.50
STAFF MEMO
Prepared by:
City Engineer
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
4d
Reviewed by: Item:
Payment Application No 1, 2023 Street Improvements
ACTION REQUESTED
Motion to approve the consent agenda will automatically approve this item. If pulled, then
the following motion is requested.
Motion to approve application for payment no. 1, for the 2023 Street Improvement Project
to Larson Excavating Contractors, Inc. in the amount of $53,488.45.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS CITY COUNCIL ACTION: Council awarded the project to Larson Excavating
Contractors, Inc.
REFERENCE AND BACKGROUND
STAFF RECOMMENDED ACTION
Approve the consent agenda will automatically approve this item. If pulled, then the following
motion is requested.
Motion to approve application for payment no. 1, for the 2023 Street Improvement Project to
Larson Excavating Contractors, Inc. in the amount of $53,488.45.
SUPPORTING DATA/ATTACHMENTS
Application for Payment No. 1
Meeting
Date: 9/5/23
08/31/2023
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 2 of 5
Payment Summary
No. Up To Date Work Certified
Per Request
Amount Retained
Per Request
Amount Paid
Per Request
1 2023-08-18 $53,488.45 $2,674.42 $50,814.03
Funding
Category Name
Funding
Category
Number
Work Certified
to Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
this Request
Total Amount
Paid to Date
St. Joseph 1 $53,488.45 $2,674.42 $0.00 $50,814.03 $50,814.03
Accounting
Number
Funding Source Amount Paid this
Request
Revised Contract
Amount
Funds
Encumbered to
Date
Paid Contractor to
Date
City of St. Joseph Local $50,814.03 $892,290.56 $892,290.56 $50,814.03
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 1 1 MOBILIZATION LUMP
SUM
$15,307.91 1 0.75 $11,480.93 0.75 $11,480.93
Base Bid 2 2 TRAFFIC CONTROL LUMP
SUM
$4,896.00 1 0.75 $3,672.00 0.75 $3,672.00
Base Bid 3 3 REMOVE SIGN ASSEMBLY EACH $22.00 28 0 $0.00 0 $0.00
Base Bid 4 4 REMOVE CONCRETE CURB
& GUTTER
LIN FT $10.00 1568 627 $6,270.00 627 $6,270.00
Base Bid 5 5 REMOVE CONCRETE WALK SQ YD $25.00 51 13 $325.00 13 $325.00
Base Bid 6 6 REMOVE CONCRETE
DRIVEWAY PAVEMENT
SQ YD $25.00 166 33 $825.00 33 $825.00
Base Bid 7 7 SAWING BITUMINOUS
PAVEMENT (FULL DEPTH)
LIN FT $3.00 1089 877 $2,631.00 877 $2,631.00
Base Bid 8 8 STABILIZED
CONSTRUCTION EXIT
EACH $500.00 11 1 $500.00 1 $500.00
Base Bid 9 9 REMOVE PIPE SEWER
(STORM)
LIN FT $5.00 527 520 $2,600.00 520 $2,600.00
Base Bid 10 10 REMOVE DRAINAGE
STRUCTURE
EACH $100.00 8 7 $700.00 7 $700.00
Base Bid 11 11 COMMON EXCAVATION (P) CU YD $15.00 850 250 $3,750.00 250 $3,750.00
Base Bid 12 12 MILL BITUMINOUS SURFACE SQ YD $2.14 3726 0 $0.00 0 $0.00
Base Bid 13 13 SELECT GRANULAR
EMBANKMENT-SUPER SAND
(CV)
CU YD $25.00 1043 72 $1,800.00 72 $1,800.00
Base Bid 14 14 SELECT GRANULAR
BORROW (CV)
CU YD $15.00 477 0 $0.00 0 $0.00
Base Bid 15 15 SUBGRADE PREPARATION ROAD
STA
$500.00 41 0 $0.00 0 $0.00
Base Bid 16 16 WATER MGAL $2.00 1202 0 $0.00 0 $0.00
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 3 of 5
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 17 17 REMOVE BITUMINOUS
PAVEMENT
SQ YD $3.06 12092 2032 $6,217.92 2032 $6,217.92
Base Bid 18 18 BITUMINOUS STREET
PATCH
SQ YD $49.78 122 0 $0.00 0 $0.00
Base Bid 19 19 TYPE SP 9.5 WEARING
COURSE MIXTURE
(SPWEA340C)
TON $96.44 488 0 $0.00 0 $0.00
Base Bid 20 20 TYPE SP 12.5 WEARING
COURSE MIXTURE
(SPWEB330C)
TON $96.03 588 0 $0.00 0 $0.00
Base Bid 21 21 TYPE SP 9.5 WEARING
COURSE MIXTURE
(SPWEA230C)
TON $91.90 1457 0 $0.00 0 $0.00
Base Bid 22 22 TYPE SP 12.5 WEARING
COURSE MIXTURE
(SPWEB230C)
TON $93.59 823 0 $0.00 0 $0.00
Base Bid 23 23 BITUMINOUS MATERIAL FOR
TACK COAT
GAL $2.04 1384 0 $0.00 0 $0.00
Base Bid 24 24 AGGREGATE BASE CLASS 5
(CV)
CU YD $35.00 480 0 $0.00 0 $0.00
Base Bid 25 25 GEOTEXTILE FABRIC TYPE
V
SQ YD $2.57 740 0 $0.00 0 $0.00
Base Bid 26 26 GEOGRID SQ YD $11.60 320 0 $0.00 0 $0.00
Base Bid 27 27 CONNECT TO EXISTING
SANITARY SEWER
EACH $2,571.51 1 0 $0.00 0 $0.00
Base Bid 28 28 CONNECT TO EXISTING
STORM SEWER
EACH $1,500.00 4 0 $0.00 0 $0.00
Base Bid 29 29 CLEAN AND VIDEO TAPE
PIPE SEWER
LIN FT $3.30 378 0 $0.00 0 $0.00
Base Bid 30 30 CLEAN STORM SEWER PIPE LIN FT $2.75 450 0 $0.00 0 $0.00
Base Bid 31 31 2" COPPER WATER SERVICE
PIPE
LIN FT $261.20 27 27 $7,052.40 27 $7,052.40
Base Bid 32 32 2" CURB STOP AND BOX EACH $1,786.68 1 1 $1,786.68 1 $1,786.68
Base Bid 33 33 8" PVC PIPE SEWER LIN FT $88.24 378 0 $0.00 0 $0.00
Base Bid 34 34 CONSTRUCT DRAINAGE
STRUCTURE DES 4007
EACH $5,672.79 1 0 $0.00 0 $0.00
Base Bid 35 35 8X6 PVC WYE EACH $809.74 6 0 $0.00 0 $0.00
Base Bid 36 36 6" PVC PIPE SEWER LIN FT $63.66 72 0 $0.00 0 $0.00
Base Bid 37 37 12" RC PIPE SEWER LIN FT $81.29 196 0 $0.00 0 $0.00
Base Bid 38 38 15" RC PIPE SEWER LIN FT $87.63 238 0 $0.00 0 $0.00
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 4 of 5
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 39 39 27" RC PIPE SEWER LIN FT $132.28 75 0 $0.00 0 $0.00
Base Bid 40 40 30" RC PIPE SEWER LIN FT $145.45 41 0 $0.00 0 $0.00
Base Bid 41 41 DRAINAGE STRUCTURE
DES H
EACH $2,057.74 4 0 $0.00 0 $0.00
Base Bid 42 42 DRAINAGE STRUCTURE
DES 48-4020
EACH $4,649.72 6 0 $0.00 0 $0.00
Base Bid 43 43 DRAINAGE STRUCTURE
DES 60-4020
EACH $7,321.19 1 0 $0.00 0 $0.00
Base Bid 44 44 CASTING ASSEMBLY EACH $1,380.16 12 0 $0.00 0 $0.00
Base Bid 45 45 4" PERF PIPE DRAIN LIN FT $8.61 486 0 $0.00 0 $0.00
Base Bid 46 46 6" PERF PVC PIPE DRAIN LIN FT $20.58 736 162 $3,333.96 162 $3,333.96
Base Bid 47 47 6" PVC CLEANOUT EACH $543.56 7 1 $543.56 1 $543.56
Base Bid 48 48 4" THICK INSULATION SQ YD $61.02 40 0 $0.00 0 $0.00
Base Bid 49 49 4" CONCRETE WALK W/
SAND BEDDING
SQ FT $26.50 153 0 $0.00 0 $0.00
Base Bid 50 50 6" CONCRETE WALK SQ FT $26.50 306 0 $0.00 0 $0.00
Base Bid 51 51 CONCRETE DRIVEWAY
PAVEMENT
SQ YD $97.90 166 0 $0.00 0 $0.00
Base Bid 52 52 TRUNCATED DOMES SQ FT $78.52 42 0 $0.00 0 $0.00
Base Bid 53 53 CONCRETE CURB &
GUTTER, DESIGN B618
LIN FT $42.84 1568 0 $0.00 0 $0.00
Base Bid 54 54 SAW AND SEAL CONCRETE
CURB AND GUTTER CRACK
EACH $48.96 69 0 $0.00 0 $0.00
Base Bid 55 55 CHIMNEY SEAL EACH $320.04 23 0 $0.00 0 $0.00
Base Bid 56 56 F&I PAVING RING
(MANHOLE)
EACH $375.05 15 0 $0.00 0 $0.00
Base Bid 57 57 ADJUST FRAME & RING
CASTING
EACH $432.52 24 0 $0.00 0 $0.00
Base Bid 58 58 ADJUST GATE VALVE BOX EACH $232.52 13 0 $0.00 0 $0.00
Base Bid 59 59 F&I PAVING RING (GATE
VALVE)
EACH $155.01 9 0 $0.00 0 $0.00
Base Bid 60 60 PAVEMENT MESSAGE-
'STOP'
EACH $357.57 5 0 $0.00 0 $0.00
Base Bid 61 61 24" SOLID LINE MULTI COMP
GR IN
LIN FT $20.24 104 0 $0.00 0 $0.00
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 5 of 5
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 62 62 PAVT MSSG-CROSSWALK
MULTI COMP GR IN
SQ YD $99.02 44 0 $0.00 0 $0.00
Base Bid 63 63 F&I SIGN PANELS TYPE C SQ FT $71.51 100.9 0 $0.00 0 $0.00
Base Bid 64 64 F&I STREET NAME SIGN
ASSEMBLY
EACH $440.08 11 0 $0.00 0 $0.00
Base Bid 65 65 STREET SWEEPING TYPE
WET PICKUP
HOUR $100.00 23 0 $0.00 0 $0.00
Base Bid 66 66 STORM DRAIN INLET
PROTECTION
EACH $100.00 36 0 $0.00 0 $0.00
Base Bid 67 67 COMMON TOPSOIL
BORROW (LV)
CU YD $10.00 690 0 $0.00 0 $0.00
Base Bid 68 68 SEEDING ACRE $5,100.00 0.51 0 $0.00 0 $0.00
Base Bid 69 69 SEED MIXTURE 25-151 POUND $3.57 191 0 $0.00 0 $0.00
Base Bid 70 70 HYDRAULIC MATRIX TYPE
BFM
POUND $3.06 1623 0 $0.00 0 $0.00
Base Bid 71 71 FERTILIZER TYPE 22-5-10 POUND $3.06 167 0 $0.00 0 $0.00
Grand Total: $53,488.45 $53,488.45
STAFF MEMO
Prepared by:
Police Chief
Meeting Date:
09/05/2023
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4e
Reviewed by:
Item:
Suspend JPA with District 742
ACTION REQUESTED Motion to suspend indefinitely the Joint Powers Agreement (JPA) with School
District 742
BOARD/COMMISSION/COMMITTEE RECOMMENDATION On 08/31/2023, I zoomed in on a
meeting with St. Cloud Police Chief Jeff Oxten, Waite Park Police Chief Tony Reznicek, members
of Stearns County Sheriff Department Steve Soyka, Captain Jon Lentz and Lt. Zach Sorenson,
Sauk Rapids Police Chief Perry Beise, and Sartell Chief Brandon Silgjord.
With the recent restrictions put on School Resource Officers assigned to schools by the
legislature, there has been a movement to pull officers from schools until language regarding
holds and procedures can be clarified. Currently both SCPD and WPPD have the exact same
language with District 742 as the City of St. Joseph. The City of St. Joseph does not have a
dedicated SRO. However, review from legal in respective departments of WPPD and SCPD has
been to suspend the JPA with the district indefinitely because the JPA blankets the entire
department as agents of the school. By suspending the JPA with the school district, officers
would still respond to the school on a call for assistance and use the least amount of force
reasonable, but necessary to bring the situation under control.
PREVIOUS COUNCIL ACTION
REFERENCE AND BACKGROUND
BUDGET IMPACT
STAFF RECOMMENDED ACTION Motion to suspend indefinitely the Joint Powers Agreement (JPA)
with School District 742
SUPPORTING DATA/ATTACHMENTS The new law reads the following: “The portion of the law
itself limits district employees -- including SROs -- from placing students into certain holds. Those
include putting a student face down on the ground, or putting weight on their head, throat, neck
or chest, thereby making it so they can't breathe.”
STAFF MEMO
Prepared by:
Community Development
Meeting Date:
Sept. 5th, 2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
5
Reviewed by:
City Administrator
Item:
KAB Land LLC, C.U.P.
ACTION REQUESTED
Approval of Finding of Fact Resolution 2023-042 with conditions
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Planning Commission conducted a public hearing on August 14th. The applicant spoke at the Public Hearing
along with one Commission member who borders the subject property. City also received written comments
from St. Cloud School District. Comments are included in attachments.
Planning Commission recommended approval (6-0) on the Finding of Fact resolution with conditions on
August 28th.
PREVIOUS COUNCIL ACTION
Council approved an Ordinance Amendment to allow Special Event Facilities as a Conditional Use in Rural
Residential districts in May 2023.
REFERENCE AND BACKGROUND
Conditional Use Permit Request
Applicant Information: KAB Land LLC
Existing Zoning: RR Rural Residential. The proposed use is allowed through a C.U.P.
Future Land Use: Low Density Residential (R -1 Single Family)
Location: 28617 Jade Road
Access: The site is proposed to have access off Jade Road a future collector street
WCA/Wetlands: Wetlands exist but not in close proximity to the proposed Event Facility
Lot Size: 59.95 acres
KAB Land LLC is proposing to construct a 14,500 S.F. Special Event Facility on the NE corner of the subject
property located off Jade Rd . Th e NE portion of the property is flatter with natural berming. The majority of
the property is heavily wooded with significant topogrophy changes throughout. Applicant is also proposing
to construct a accessory building South of the main entrance. According to the applicant the accessory building
will not be used for any Special Event Facility purposes and will only be used for storage and accessory related
useses.
The proposed facility has a interior ceremony space and an outdoor ceremony space. The outdoor space will
be built adjacent to a large berm and face North.
The closest home to the subject property is the residence to the North (Mick property).
This residence is approximately 386’ from the SE front corner of the home to the bottom grade of the
proposed outdoor ceremony space.
The closest the Facility will be to an adjacent property line is 80’7” as measured from NW rear of Facility to
the Mick property. The pictures in Exhibit A depict existing vegetation near the outdoor space as seen from
the bottom and top of the berm
Conditions of Approval
The Planning Commission was tasked with recommending a Finding of Fact resolution with conditions to
the Council. Conditions that can be placed on the C.U.P. are described in 502.07 Subd 1 Section F and can
include: location of access points, fencing, screening, berming, sign restrictions, desig nating sites for open
space, height/size and number of buildings, operating hours and noise levels, or other conditions related to
protecting the public interest.
The Planning Commission recommended conditions are shown in the Finding of Fact Resolution
2023-042. The Council may modify, add, or subtract any of these conditions.
The applicant has also provided a response to the Conditions of Approval the Planning Commission
Outdoor Ceremony Space
Northern lot line
recommended . Applicant has some disagreement/concern on conditions 3, 8, 12, 16. Their response is included
in the attachment.
Development Agreement
Staff recommeds that a Development Agreement (DA)is included and executed as a Condition of approval.
The DA describes expectations of the developer including the required extension of water/sewer to service
the facility . The DA requires the water/sewer extension be extended to the front entrance of the site. The
applicants position is the water/sewer shall only be extended to service their facility. In a typical subdivision
or plat utility extension is required to be extended to end of property line ; however this request involves no
subdivision or platting. Therefore extending utilities to the driveway entrance is what staff sees as an
appropriate request.
One item which was not included in the Development Agreement was inclusion of a right-turn lane. This is
because the trigger requirements for the turn lane did not merit the turn lane being required. See belo w
policy language from MnDOT:
Summarized comments from our City Engineer: “Based on what I can see on MnDOT’s Traffic Mapping
Tool, it would appear that Jade Road may be operating now with an ADT below 1,000 VPD. Unless there is
a safety concern or a precedent to consider, turn lanes may not be needed. 1) This is a low volume roa d
(assuming <600 vph), 2) favorable sight distance, and 3) the event traffic will not typically conflict with
"regular" weekday or school traffic.”
Staff have therefore removed the right -turn lane requirement from the D.A.
BUDGET IMPACT
None . Utility extensions and required improvements are all paid by the applicant(developer).
STAFF RECOMMENDED ACTION
Adopt Finding of Fact with Conditions.
SUPPORTING DATA/ATTACHMENTS
1. Exhibit A showing on-site pictures of site.
2. C.U.P. application
3. Updated Site Plan
4. Original Civil Plans
5. Supplemental information from applicant (landscape plan, sample scenario’s on how facility will be
used, graphics)
6. Written Public Comment from School District
7. Finding of Fact Resolution 2023-042
8. Applicant response to Planning Commission Conditions
9. Development Agreement with Exhibit
EXHIBIT A
Picture looking North along Jade Rd near proposed entrance to the Facility.
Picture taken near the future front entrance of facility looking North towards the bermed area.
Bermed area circled
Picture taken from atop the bermed area looking South
Pictures looking North towards the Mick property. Most of the vegetation seen is located within the
Mick property. Staff is recommending vegetation/fencing be added along the top of the berm to
provide additional screening.
Wooded area is Mick property
Property line
Conditional Use Permit Application, City of St. Joseph
Page 1 of 2
Conditional Use Permit Application
FEE: $400 Date Received
Applicant:
Phone: Email:
Mailing Address:
Property Owner:
Phone: Email:
Mailing Address:
PROJECT INFORMATION:
Project/Development Name
Project Location
Parcel Identification Number (PIN):
Legal Description of Property (attach a separate document if needed):
Purpose of Conditional Use Permit:
Hours of operation, including days and times:
Submission Requirements:
Application for a Conditional Use Permit shall be on this form and include the established application fee. The
application and copies of the site plan shall be submitted three (3) weeks prior to the next Planning Commission
meeting. Ten (10) 11x17 copies of the site plan drawn to scale, along with an electronic copy to scale showing
the property dimensions, wetlands, floodplains, grading and drainage, landscaping, location of utilities, location
of all existing and proposed buildings and their sizes, including square footage; location of all existing and
proposed curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks must be
submitted in the initial application. The City may request additional data deemed reasonable and necessary
related to the conditional use.
Conditional Use Permit Application, City of St. Joseph
Page 2 of 2
A written narrative outlining the Conditional Use requested, along with any information explaining the
operation is required to be submitted as part of your application.
Review and Decision by the City Council.
The City Council shall review the application after the Planning Commission has made its recommendation and
will make a final determination to either approve or deny the application. In the granting of approval, the City
Council may impose conditions regarding the location, character and other features of the proposed building,
structure or use as it may deem necessary.
This application must be signed by all owners of the subject property.
We, the undersigned, have read and understand the above and that we are responsible for reimbursing the City
for any additional legal, engineering, building inspection or planning fees related to the Conditional Use.
Signature of Applicant Date
Signature of Owner (s) Date
Questions: Phone (320) 229-9424. Submit completed application to:
St. Joseph Government Center
75 Callaway St E
St. Joseph, MN 56374
1108
1094
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BUILDING FOOTPRINT
14,500 TOTAL SF (APPROX)
FINISHED FLOOR ELEVATION
ACTUAL = 1095' (VERIFY)
ASSUMED = 100' -0"
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25 SPACES
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48 SPACES
LOT 1a
10 SPACES
LOT 1
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1.04
A R C H I T E C T S
Project No:
Project Manager:
Drawn By:
Date:
These drawings and specifications are
the sole property of HMA Architects, Ltd.
any reproduction or reuse of these
documents is forbidden without written
permission from HMA Architects, Ltd.
Signature:
Printed Name:
License No.:
Date:
700 W. St. Germain Street
Suite 200
St. Cloud, MN 56301
www.hma-archs.com
T | 320.251.9155
F | 320.251.4919
hma@hma-archs.com
I hereby certify that this plan, specification
or report was prepared by me or under
my direct supervision & that I am a duly
Licensed Architect under the laws of the
State of Minnesota
Tim Gillet
51031
SITE PLAN
A100
PR
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ST. JOSEPH, MN
JADE ROAD
VENUE
NEW BUILDING:
2321
MJ
MJ
08/21/2023
08/21/2023
REFERENCED KEYNOTES
1.01 CONCRETE PAVEMENT, SEE CIVIL.
1.02 CURB RAMP
1.03 VENDOR LOADING SPACE
1.04 GREEN SPACE
1.05 BITUMINOUS PAVEMENT, SEE CIVIL
1.06 TIERED SOFT SEATING
1.07 CLASS 2 SURFACE PARKING, SEE CIVIL.
1.08 CLASS 2 DRIVEWAY, SEE CIVIL.
1.09 EXISTING BUILDING TO BE REMOVED
1.10 EXISTING SILO TO REMAIN
1.11 FUTURE 60'X100' STORAGE BUILDING.
1.12 DECORATIVE GATE AND PIERS
SCALE: 1" = 50'-0"A100
SITE PLAN1
PLAN NORTH
# Date Description
LEGAL DESCRIPTION
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 1/4 NW 1/4) LESS HIGHWAY AND THAT
PART OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW 1/4 NE 1/4) LYING WESTERLY
OF ROAD, SECTION 22, TOWNSHIP 124 NORTH OF RANGE 29Exhibit A
Original Civils
Original Civils
Original Civils
Original Civils
Original Civils
Original Civils
Original Civils
Original Civils
Original Civils
Original Civils
Vendor load-in will be staggered, with the rental companies being the first to arrive.
Most outside rental companies (linens, tables, chairs, service ware, etc.) will arrive first
thing in the morning. A healthy load-in time for these kinds of vendors would be 8-10
hours before the wedding. After the rental companies have had time to get rolling, the
floral design team and any additional decor companies should arrive. It is also around
this time that any action needed in relation to day-of stationery or signage should begin
(for example, if the escort card wall needs to be constructed and organized).
The exact time that the “Beauty Team” arrives will depend on how many people are
having services done. As a rule of thumb, the hair and makeup team will need at least
30 minutes of setup before the first appointments begin. Then, each person receiving
hair and makeup services will need at least 30 minutes per service. By that logic, if you
have 6 bridesmaids plus 2 mothers, all getting hair and makeup done with a team of
two hairstylists and two makeup artists, a MINIMUM of 3 hours would be required… and
that does not yet include the Bride’s needs, which is often closer to 45 minutes per
service.
Vendor load-in times vary depending on the size and intricacy of the wedding and the
overall needs of the day. Below, we have included 3 sample wedding day timelines, but
it is important to note that these are 3 out of hundreds of possible timelines. Each
wedding day shares similar elements to another, but no two weddings are the same.
SAMPLE WEDDING DAY (Saturday - FULL DAY - JULY)
6:00am - Venue Owners open doors for Wedding Coordinator, Decorators, and/or
Family Members to arrive to begin decorating the ceremony and reception spaces. The
decorating process often takes 4-5 hours.
7:00am - Bride, bridesmaids, mothers, etc… arrive for hair and makeup, along with Hair
Stylists and Makeup Artists. They will be using Suite #1. (Approximately 7am-11am,
depending on size of bridal party)
7:30am - Florist arrives to set up floral arrangements for ceremony and reception
spaces, and deliver bouquets/boutonnieres/corsages.
9:00am - Groom and Groomsmen arrive to venue. Using Suite #2.
10:30am - Early lunch in Suites Area for wedding party/family
Sample of Wedding/Event itinerary provided by applicant
11:00am - Wedding Rehearsal (Ceremony Space — either inside or outside)
11:45am - Bride and groom return to Suites to get dressed in wedding attire
12:15pm - 3:15pm — Professional Photographs
*2:30pm - DJ arrives for ceremony sound check
3:15pm - 4:00pm - Wedding party tucked away in Suites. Guests begin arriving and are
directed to Ceremony area.
4:00pm - Wedding Ceremony (Approximately 30 minutes. Either indoor or outdoor,
depending on weather)
*Also around 4 :00pm - Local Caterers arrive (For example, Matteo from Krewe). Using
Catering Kitchen to set up for dinner service.
4:30pm - Ceremony Ends. Optional Receiving line.
4:30pm - 5:30pm Social Hour
5:45pm - Guests move to indoor reception area to be seated for dinner
5:55pm - Wedding Party Grand March (reception area)
6:00pm - Prayer/Blessing. Salads served, dinner follows (reception area)
7:00pm - Important speeches (reception area)
7:30pm - Cake cutting and dessert (reception area)
7:45pm - First Dances (Couple, Parent Dances, etc.) (reception area)
7:45pm - 11:45pm — 4 Hour Dance (reception area)
*10:00pm Pizza Delivery (pre-ordered from a Local vendor)
11:45pm - Last Song/Dance. Remaining guests leave. Event ends at 12:00am.
12:00am - 1:00am — Cleanup by Bride/Groom/Appointed Family members. All personal
items, decorations, and/or anything not provided by the venue needs to be removed.
1:00am - Building is shut down for the night. Bride/Groom/Appointed family members
Sample of Wedding/Event itinerary provided by applicant
are off of the property.
SAMPLE WEDDING DAY (FRIDAY - SEPTEMBER)
8:00am - Venue Owners open doors for Wedding Coordinator, Decorators, and/or
Family Members to arrive to begin decorating the ceremony and reception spaces. The
decorating process often takes 4-5 hours.
9:00am - Bride and bridesmaids arrive to venue for hair/makeup, along with hair stylist
and makeup artist. Using Suite #1
10:30am - Florist arrives to set up floral arrangements for ceremony and reception
spaces, and deliver bouquets/boutonnieres/corsages.
11:00am - Groom and groomsmen arrive to venue. Using Suite #2.
12:30pm - Lunch for wedding party/family (Suites area)
1:00pm - Bride and Groom return to Suites to get dressed
1:30pm - 4:00pm - Professional Photos
*3:30pm - DJ arrives for ceremony sound check
4:00pm - 4:45pm - Rehearsal with officiant (Ceremony Space)
4:45pm - 5:30pm - Wedding Party tucked away in Suites. Guests Arriving.
5:30pm - 6:00pm - Ceremony (Approximately 30 minutes. Either indoor or outdoor,
depending on weather)
*Also around 5 :30pm - Local caterers arrive. Using Catering Kitchen.
6:00pm - 7:00pm - Social Hour
7:00pm - Guests move to reception area to be seated for dinner
7:10pm - Grand March for wedding party (reception area)
7:15pm - Prayer/Blessing. Salads served, dinner to follow. (Reception area)
Sample of Wedding/Event itinerary provided by applicant
8:00pm - Speeches (reception area)
8:30pm - Cake Cutting (reception area)
8:45pm - First Dances (Couple, Parents, etc… reception area)
8:45pm - 11:45pm - 3 Hour Dance (reception area)
11:45pm - Last Dance. Guests leave. Event ends at 12:00am.
12:00am - 1:00am - Cleanup by Bride/Groom/Appointed Family members. All personal
items, decorations, and/or anything not provided by the venue needs to be removed.
1:00am - Building is shut down for the night. Bride/Groom/Appointed Family members
are off of the property.
SAMPLE WEDDING DAY (SATURDAY - DECEMBER)
6:00am - Venue Owners open doors for Wedding Coordinator, Decorators, and/or
Family Members to arrive to begin decorating the ceremony and reception spaces. The
decorating process often takes 4-5 hours.
6:00am - Bride and bridesmaids arrive to venue for hair/makeup, along with hair stylist
and makeup artist. Using Suite #1
8:00am - Groom and groomsmen arrive to venue. Using Suite #2.
9:30am - 12:30pm - Professional Photos
*12:00pm - DJ arrives to set up for indoor ceremony sound check
12:30pm - 1:00pm - Rehearsal with officiant (Indoor Ceremony Space)
1:15pm - 2:00pm - Guests Arriving. Wedding Party tucked away in Suites. Light lunch
while waiting for ceremony to begin.
2:00pm - 3:00pm - Ceremony (Indoor Ceremony Space)
3:00pm - 3:30pm - Receiving Line. Social Hour begins as guests move through the
line.
*Also around 3 :00pm - Local caterers arrive. Using Catering Kitchen.
3:30pm - 4:30pm - Social Hour
Sample of Wedding/Event itinerary provided by applicant
4:45pm - Guests move to reception area to be seated for dinner
4:55pm - Grand March for wedding party (reception area)
5:00pm - Prayer/Blessing. Salads served, dinner to follow. (reception area)
6:00pm - Speeches (reception area)
6:30pm - Cake Cutting and Dessert (reception area)
7:00pm - First Dances (Couple, Parents, etc.) (reception area)
7:00pm - 10:30pm - 3.5 Hour Dance (reception area)
*9:00pm Pizza Delivery (pre-ordered from a Local Vendor)
10:30pm - Last Dance. Guests leave.
10:30pm - 11:30pm - Cleanup by Bride/Groom/Appointed Family members. All personal
items, decorations, and/or anything not provided by the venue needs to be removed.
12:00am - Building is shut down for the night. Bride/Groom/Appointed Family members
are off of the property.
Kristyn Farrell
Owner, Laura Leigh Images, LLC
320.282.1588
Sample of Wedding/Event itinerary provided by applicant
Tall Mix – Maple/Pine/Ash/Cedar/etc
Medium Mix – Birch/Spruce/Lilac
Shrub Mix – Colorful/Flowering
Mix/Density not exact – intent is to fully screen with variety of species to provide ranges of color year-round
Annuals/Perennials – Colorful/Flowering
ISSUE:
8-10-23
REVISIONS:
DRAWN BY:
CLIENT:
PROJECT
LOCATION:
Jade Road
St. Joseph, MN
PROJECT:
Jade Road
Center
DESCRIPTION:
CONTRACTOR:
Bradbury Stamm
FLOOR PLAN1
A2.0 Scale: 1/8" = 1'-0"
0 4 8
A2.0
ELEVATIONS
RESOLUTION 2023-042
CONDITIONAL USE PERMIT APPROVAL FOR
KAB LAND LLC
WHEREAS, KAB LAND LLC applied for a Conditional Use Permit application for a Special Event
Facility on the Subject property described as:
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE ¼ NW ¼) LESS
HIGHWAY AND THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER (SW ¼ NE ¼) LYING WESTERLY OF ROAD, SECTION 22, TOWNSHIP 124
NORTH OF RANGE 29.
28617 Jade Rd
Parcel ID of property: 84.53300.0321
FINDINGS OF FACT
WHEREAS, On August 14th, 2023 the St. Joseph Planning Commission conducted a public hearing to
consider the application of KAB Land LLC., owner and applicant, for a conditional use permit for a
Special Event Facility on the Subject Property; and
WHEREAS, That the matter was duly published and notice was posted in the city designated newspaper
and mailed notices were sent to the property owners within three-hundred and fifty (350) feet of the
Subject Property; and
WHEREAS, That the Subject Property is zoned RR – Rural Residential and a Special Event Facility is
allowed through a Conditional Use Permit; and
WHEREAS, the St. Joseph Planning Commission tabled action on the Conditional Use Permit at the
August 14th, 2023 meeting and recommended approval of Finding of Fact Resolution 2023-001 CUP at
their August 28th, 2023 meeting; and
NOW THEREFORE, BE IT RESOLVED THAT THE ST. JOSEPH CITY COUNCIL, hereby
makes the following Findings of Fact:
1. That the surrounding land uses to the Subject Property are Rural Residential to the North and
South; Educational and Ecclesiastical to the East, and R-5 Supportive Care District to the
Northwest and West; and
2. That the Special Event Facility will be located on the Northeast portion of the Subject Property as
depicted in Exhibit A; and
3. The conditional use will not be detrimental to or endanger public health, safety, morals, comfort,
or general welfare of the neighborhood and will be harmonious to the objectives of the
Comprehensive Plan of the City; and
4. That the conditional use will not involve activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property, or general welfare of
traffic, noise, smoke, fumes, glare or odors; and
5. That a mix of coniferous and deciduous trees and shrubs and fencing will screen the facility and
outdoor ceremony area; therefore, the conditional use will be designed, constructed, operated and
maintained so as to be harmonious and appropriate in appearance with character of the area and is
not hazardous or disturbing to existing or future neighboring uses as the facility is over eighty
(80) feet from the nearest residence; and
6. That adequate utilities and services, including utilities, streets, drainage and other necessary
facilities will be extended to service the site per the requirements of the Developers Agreement
and at the applicants cost and installation and will not create excessive additional costs for
services and/or be detrimental to the economic welfare of the community; and
7. That access will derive from Jade Road a city identified future collector street and proposed
vehicular approaches will be designed to not create traffic congestion or interference with traffic
or surrounding public thoroughfare; and
8. The facility will provide sufficient off-street parking and loading space as required in the City
parking standards and no on-street parking will occur; and
9. The facility will not result in the destruction, loss, or damage of a natural, scenic, or historic
feature of major importance; and
10. The soil conditions are adequate to accommodate the proposed use; and
11. The applicant is proposing to install class two gravel surfacing for the parking lot areas and this
proposal requires a variance to the paving standards of City Code 502.10 Subd. 5 Section B; and
12. The applicant is proposing to pave (asphalt) the entrance road and drop off areas; and
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, HEREBY RECOMMENDS APPROVAL OF THE CONDITIONAL USE PERMIT
BASED ON THE FOLLOWING CONDITIONS:
1. 1. The property owner is responsible for meeting all Federal, State, Local, and City requirements
and obtaining any and all permits and licenses.
2.
3. 2. That the applicant shall submit a Site Plan application and all Site Plan standards shall be met
and approved prior to allowing a building permit to be issued for the subject property.
4.
5. 3. That a Development Agreement shall be executed as part of this approval and the applicant shall
extend sewer and water lines to service their property as shown in Exhibit A of the Development
Agreement. Such extension shall be required to be installed prior to the building receiving an
Certificate of Occupancy.
6.
7. 4. All lighting shall meet City Ordinance. Lighting (wall and pole) shall be full-cut off style or
hooded.
8.
9. 5. All parking shall be met on-site. There shall be no parking in the public right-of-way.
10.
11. 6. The outdoor spaces shall be fully screened with a year-round living fence. Living fence shall be
accomplished through a combination of trees, shrubs, and fence as required by ordinance to limit
noise and light impacts to the adjacent residential property to the North. A landscape and fencing
plan shall be submitted and approved as part of the Site Plan application. Screening shall be of
sufficient height and opaqueness. Coniferous trees will be required to achieve year-round screening
and final plan will be determined at time of Site Plan.
12.
7. The City shall have the right to inspect the premises for compliance and safety purposes at any
time upon reasonable request.
8. All noise generated by the facility shall met the City Noise Ordinance. Any amplified
sound/music shall be inside of an enclosed building. Sound amplification systems like speakers
and similar devices shall not be allowed to be placed or generated outside of an enclosed structure
except when a ceremony is occurring then speakers or similar devices may be used to conduct the
ceremony proceedings. Any noise during a ceremony shall still meet the City Noise Ordinance.
9. The City’s Liquor Ordinance shall be met.
10. The outdoor ceremony space shall not be used between the hours of 9pm-7am Sunday –
Thursday and 10pm-7am Friday and Saturday.
11. Any large gatherings or events of fifty people or more shall be restricted to private events.
12. The proposed Accessory structure shall be limited to storage related uses only. The same or
similar exterior building material, such as siding, and shingles shall be used on the accessory
building as the principal building.
13. Revocation: The City Council shall revoke a conditional use permit when it determines that
the terms and conditions of the permit as issued are no longer being complied with. A
certified copy of an order of the City revoking a conditional use permit shall be filed with the
County Recorder.
14. Expiration: The conditional use permit shall expire if the authorized use ceases for any reason
for more than one (1) year.
15. If any significant changes as determined by the Zoning Administrator and Planning
Commission occur the applicant shall seek an amendment to this Conditional Use permit.
16. Hours of operation for event uses shall be 8AM-9PM Sunday – Thursday and 6AM-12AM
Friday-Saturday
WHEREAS said Finding of Fact and Decision was declared duly passed and adopted by the St.
Joseph City Council on this 5th day of September, 2023.
CITY OF ST. JOSEPH
Mayor, Rick Schultz
ATTEST
David Murphy, City Administrator
Applicant comments regarding the Proposed Conditions of Approval as
recommended by Planning Commission
1. Agree
2. Agree
3. Dissent to location of required sewer and water access.
4. Agree but would appreciate being able to use a lantern style of lighting for driveway, parking, and
walking paths.
5. Agree
6. Agree
7. Agree
8. In order to provide a cheerful and pleasant atmosphere for our guests, we feel it is important to
play ambient and/or dinner style music while guests are being seated before the ceremony, as
well as the social time immediately following the ceremony, as guests are transitioning to the next
phase of the event (per the wedding day examples provided). We also find it necessary to amplify
portions of the ceremony so all guests can hear the officiant, the bride and groom, any special
speakers, and the couple’s selected music to accompany their special ceremony. We believe this
would fall into the current city noise ordinance. We expect this would be approximately 1 hour
prior to the start of the ceremony and up to 2 hours after the ceremony concludes.
9. Agree
10. Agree
11. Agree
12. The proposed accessory structure would be used for storage and maintenance. Accessory
structure will adhere to rural residential code.
13. Agree
14. Agree with Nate’s definition that no progress is being made within a calendar year.
15. Agree
16. Dissent
Hours of Operation Wishes:
During Weeks that school is in session:
Monday-Wednesday 8am -10pm (clients off property by 11) (outdoor sound off by 9pm per noise
ordinance)
Thursday and Sunday 8am-11pm (clients off property by 12am) (outdoor sound off by 9pm per noise
ordinance)
Friday and Saturday 6am -11:59pm (Clients off property by 1am) (outdoor sound off by 10pm per noise
ordinance)
Summer hours (expected between the last student day of school and the first):
Monday-Wednesday 6am-10pm (clients off property by 11) (outdoor sound off by 9pm per noise
ordinance)
Thursday and Sunday 6am-11pm (clients off property by 12am) (outdoor sound off by 9pm per noise
ordinance)
Friday and Saturday 6am-11:59pm (Clients off property by 1am) (outdoor sound off by 10pm per noise
ordinance)
Holiday and Holiday Eve Hours:
Examples: Halloween, Christmas, New Years Eve, Labor Day
6am-11:59pm (Clients off property by 1am) (outdoor sound off by 9 or 10pm per noise ordinance on given
day of week)
Cleaning, maintenance, service, and grounds crews come during non-client facing hours
From:GARY GANJE
To:Nate Keller
Cc:ANNA WILLHITE; LAURIE PUTNAM
Subject:Re: Notice o Public Hearing
Date:Thursday, August 10, 2023 12:14:36 PM
Attachments:image001.png
image002.png
Outlook-1509288689.png
Concerns about Build.png
Hi Nate,
Thanks for the information and the offer to share our comments and concerns at the public
hearing. Our comments and concerns are as follows:
There is an elevation in Jade Road that creates a blind approach at the school entrance
(see attachment).
The traffic count and congestion at the intersection of County Road 121 and Jade Road
was identified as a concern in the Safe Routes to School study. Increased traffic would
magnify those identified concerns.
The intersection at County Road 121 and Jade Road is not controlled.
County Road 121 is not posted as a school zone, thus allowing through traffic to
progress at highway speeds.
Any road improvements on Jade Road by the south entrance of Kennedy School would
be disruptive if performed during the school year.
Events occurring at the proposed site during school hours would increase traffic volume
on Jade Road.
Feel free to contact me if you need further information or clarification.
Thanks.
Gary
Gary Ganje
Executive Director of Operations
District 742 Schools
1201 2nd Street South
Waite Park, MN 56387
Office: 320-370-8010
From: Nate Keller <nkeller@cityofstjoseph.com>
Sent: Tuesday, August 8, 2023 2:26 PM
To: GARY GANJE <gary.ganje@isd742.org>
Cc: ANNA WILLHITE <anna.willhite@isd742.org>; LAURIE PUTNAM <laurie.putnam@isd742.org>
Subject: RE: Notice o Public Hearing
Good afternoon Gary!
Below are links to download the applications, email, and civil plans.
Based on applicants responses it appears larger events (weddings) will mostly occur Thurs-Sun
during mostly off-peak school hours/times.
The Council will also have the right to adopt specific standards which would limit time, hours,
days of week, etc. for the Special Event Facility.
So some items are TBD.
One item we are requiring them to do is hook up to city water/sewer services.
Exhibit A below shows the potential route of the connection.
As you will see it does involve work at the southern entrance to Kennedy.
I imagine the contractor will work as best as possible to minimize any impacts but its unknown
when work will occur (given the Conditional Use Permit has not been approved).
Otherwise if you have specific concerns I can share those as part of the public comments.
You can email specific concerns to me, or you are welcomed to attend the public hearing to voice
them in-person.
All public comments get recorded and shared with the Commission and Council so they can make
the best decision possible.
"JADE VENUE Conditional Use Application 2023JULY.pdf" at: https://acrobat.adobe.com/link/review?
uri=urn:aaid:scds:US:5aba45ea-3454-44d6-8826-f247a40258ab
"Civils.pdf" at: https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:53e79df1-c9d3-456c-
a16f-6a40731f0cc6
"DA_Exhibit A_Water_Sewer extension.pdf" at: https://acrobat.adobe.com/link/review?
uri=urn:aaid:scds:US:de5e14ca-4225-4f3d-8c1a-51821de843d7
"RE_ Days and hours of operation_applicant email.pdf" at: https://acrobat.adobe.com/link/track?
uri=urn:aaid:scds:US:7f20794f-da76-4d5a-a132-2e74d4e035c8
"JADE VENUE Variance Application 2023JULY.pdf" at: https://acrobat.adobe.com/link/review?
uri=urn:aaid:scds:US:26a4ba6b-f671-4004-b302-10f429da25da
Thank you and if you need anything else please let me know.
Nate Keller, AICP
Community Development Director
City of St. Joseph
75 Callaway St E
St. Joseph, MN 56374
Work cell (320)-557-3524
Office (320)-229-9425
From: GARY GANJE <gary.ganje@isd742.org>
Sent: Tuesday, August 8, 2023 1:55 PM
To: Nate Keller <nkeller@cityofstjoseph.com>
Cc: ANNA WILLHITE <anna.willhite@isd742.org>; LAURIE PUTNAM <laurie.putnam@isd742.org>
Subject: Notice o Public Hearing
Hi Nate,
We received two notices of public hearings regarding a property owned by KAB Land LLC
located at 28617 Jade Road. We are seeking more information regarding the conditional use
permit for a special event. Our interest is for ensuring that the special event wouldn't increase
traffic congestion during school hours. Could you provide more information on the permit
request?
Thanks.
Gary
Gary Ganje
Executive Director of Operations
District 742 Schools
1201 2nd Street South
Waite Park, MN 56387
Office: 320-370-8010
CAUTION: This email originated outside the organization. Use caution when replying and opening
attachments/hyperlinks. ISD742 IT Dept.
KAB LAND LLC
DEVELOPMENT AGREEMENT
CITY OF ST. JOSEPH, MINNESOTA
THIS AGREEMENT made effective the day of , 2023, by and
between the City of St. Joseph, a municipal corporation of the State of Minnesota (the “City”), and KAB
Land, LLC, a Minnesota Limited Liability Company (“Developer”).
RECITALS
A. The Developer has the right to develop the property situated in the City of St. Joseph and legally
described on the attached EXHIBIT B (the “Subject Property”) and the development will be
referred to in this agreement as the “KAB Development” or “Subject Property”.
B. On September 5th, 2023 the City approved the Conditional Use Permit on the Subject Property
which approval is contingent on the terms and conditions of this Agreement, including the
Developer and the City entering into this Agreement.
C. The Developer acknowledges that Developer is responsible for all costs incurred by it or the City
in conjunction with the development, including, but not limited to construction of improvements,
legal, planning, engineering and inspection expenses incurred in connection with approval and the
preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Plat and improvements therein, unless otherwise provided herein.
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, the City and
Developer agree as follows:
Permits. The Developer shall be responsible for obtaining all permits, approvals, licenses or other
documents from any and all necessary governmental agencies, as applicable, (including but not limited to
the City, Stearns County, the Pollution Control Agency, the Department of Health, and the Department of
Natural Resources, Watershed District, and Northern Natural Gas) so as to enable the development of the
Subject Property.
IMPROVEMENTS
The Developer agrees to construct at their expense the following improvements:
Private Utilities. All private utilities (e.g. electric, telephone, cable television and natural gas)
must be installed underground serving the Subject Property.
Public Improvements. The Developer shall be required to construct and connect to public water
and sewer lines to service the subject property and the water/sewer lines shall be extended to the driveway
entrance of the facility as shown in EXHIBIT A.
Record Drawings. Before issuance of the Certificate of Occupancy, the Developer shall provide
all record drawings for the public drainage and utility easements included in the KAB Development, and
they must be approved by the City Engineer. Record base drawings of the private improvements shall be
submitted to the City Engineer in electronic (AutoCAD) format.
ADDITIONAL CONDITIONS OF APPROVAL
The Developer agrees with the following conditions:
A. This developer’s agreement is contingent on the approval of the Conditional Use Permit for the
subject property.
B. Site plan approval is required prior to building permit review and issuance.
C. Civil plans, including but not limited to hydrology/hydraulic computations must be submitted
for review and approval by the City Engineer.
D. All comments by the City Engineer must be resolved to the satisfaction of the City.
E. Facilities constructed within the KAB Development are required to connect to city utilities,
including water, sanitary sewer, and storm sewer.
DEDICATION
Developer has provided to the City any and all necessary easements and/or dedications or deeding
to ensure that the City has the ability to maintain, repair, replace or modify the sewer, and water mains,
storm sewers, holding and sedimentation ponds and other public improvements located in the Development.
STORM WATER TREATMENT AREAS AND STORM WATER PIPES
Cleaning of Stormwater Facilities. At such time as the City determines that construction on the
Subject Property has been sufficiently completed so as not to cause significant erosion which will
contaminate the storm water treatment areas servicing the Subject Property, the Developer will clean/dredge
all storm water treatment areas and storm water pipes on the Subject Property. In the event the treatment
areas require cleaning/dredging prior to the completion of all such construction, the City may request that
the Developer complete more than one cleaning of the treatment areas. Developer is responsible for all
permits relating to cleaning and dredging of treatment areas and pipes, including permits required by the
Department of Natural Resources and the Army Corps of Engineers, as applicable.
Maintenance of Stormwater Improvements. Prior to issuance of a building permit, the
Developer shall enter into a storm water facility maintenance agreement. The Developer shall be
responsible for maintaining the stormwater facilities and for observing all drainage laws governing the
operation and maintenance of the stormwater facilities. The Developer shall provide the City with a
schedule that is reasonably acceptable to the City for the periodic inspection of the stormwater facilities by
the Developer. The Developer shall make all such scheduled inspections, keep records of all inspections
and maintenance activities, and submit such records annually to the City upon its request. The cost of all
inspections and maintenance, including but not limited to skimming and cleaning the stormwater facilities,
shall be the obligation of the Developer and its successors.
Stormwater Management. Prior to issuing the Certificate of Occupancy, the following must be
completed:
A. Submittal of as-built record drawings of the stormwater facilities.
B. Submittal of post-construction infiltration field-test, if applicable.
C. Certification by a qualified engineer or hydrologist verifying the facility has been constructed
in accordance with the storm water plans and specifications submitted and approved by the
City with the issuance of the building permit.
D. Final site inspection by City staff or City representative.
EROSION AND LANDSCAPING
Erosion Control. The Developer shall comply with all requirements of the “General Storm Water
Permit for Construction Activity” issued by the Minnesota Pollution Control Agency and with all
requirements of the Sauk River Watershed District permit, if applicable, for construction activities and with
the tasks on EXHIBIT C designated as the Developer’s responsibility. In addition, the City may impose
additional erosion control requirements if in the opinion of the City Engineer such requirements are
necessary to retain soil and prevent siltation of streams, ponds, lakes, or other adjacent properties, or of
City utility systems. The Developer shall comply with the erosion control plans and with any such
additional instruction it receives from the City. All areas disturbed by the excavation and backfilling
operations shall be reseeded forthwith after the completion of the work in that area. Seed shall include rye
grass or other fast-growing seed to provide a temporary ground cover as rapidly as possible. All seeded
areas shall be mulched and disc-anchored as necessary for seed retention. The parties recognize that time
is of the essence in controlling erosion.
Hold Harmless Agreement. The Developer acknowledges that its failure to control erosion for
its work may cause flooding and/or damage to adjoining property owners. In such event, the Developer
agrees to hold the City harmless and indemnify the City from claims of all third parties of the Developer
for flooding and/or damages arising out of such failure. Further, after giving five (5) days advanced notice
to Developer and Developer does not comply within said five (5) days the City may undertake any
corrective actions to prevent or minimize any such flooding and/or damage, the Developer agrees to hold
the City harmless and indemnify the City from claims of all third parties for damages arising out of said
corrective action by the City, and agrees to reimburse the City for all out of pocket expenses incurred by
the City arising out of the corrective action including, but not limited to any costs necessary to re-landscape
disrupted soils located with the Plat.
CITY FEES
SAC/WAC. The Developer acknowledges that sewer and water access charges will be
payable at then current rates at the time building permits are issued for construction on the Subject Property.
MISCELLANEOUS
Assignment. This Development Agreement cannot be assigned or transferred without the written
consent of the City which shall not be unreasonably withheld or delayed. A breach of the terms of this
Agreement by the Developer, including the unauthorized assignment or transfer of the Agreement, will be
grounds for denial of the issuance of any building permit.
Waivers. The rights of the City under this Agreement are in addition to any other rights under
statute, ordinance or any other agreement. The action or inaction of the City will not constitute a waiver or
amendment under the provisions of this Agreement. To be binding, amendments or waivers will be in
writing, signed by the parties and approved by the City Council. The City's failure to promptly take legal
action to enforce this Agreement will not be a waiver or release. There is no intent to benefit any third
parties and third parties will have no recourse against the City under this Agreement.
License to Enter Land. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the Subject Property to perform all work and/or inspections deemed
appropriate by the City during the development of the Subject Property.
Violation of This Agreement. If the Developer fails to perform any of the terms of this Agreement
in the manner required by the City, the City shall have grounds for denial of building or occupancy permits
for the Subject Property.
Agreement Binding. The Developer represents that it fee title to the Subject Property and that the
execution of this Agreement has been duly authorized. All of the terms and provision hereof shall be binding
upon, and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and
shall be binding upon all future owners of all or any part of the Subject Property and shall be deemed
covenants running with the land.
Indemnification. The Developer will have no claim against the City and its officers and employees
for damages sustained or costs incurred resulting from development undertaken by the Developer. The
City and its officers, agents and employees will not be personally liable or responsible in any manner to the
Developer, contractor or subcontractors, suppliers, laborers, or to any other person or persons whomsoever,
for any claims, demands, damages, actions, or causes of action of any kind or character whatsoever arising
out of or by reason of the execution of this Agreement, or the design, performance, and completion of the
work and the improvements to be provided by Developer pursuant to this Agreement. The Developer will
hold the City harmless from claims by third parties, including but not limited to other property owners,
contractors, subcontractors and suppliers, for damages sustained or costs incurred resulting from plat
approval and the development of the Subject Property. The Developer agrees to indemnify, defend and
hold harmless the City, its agents and employees from any claim, demand, suit, action or other proceeding
whatsoever by any person for any loss or damage to property or any injury to or death of any person
resulting from any actions by the Developer, or its agents or contractors.
Certificate of Occupancy. The City will not issue the certificate of occupancy for the Subject
Property’s building until the building has been connected to sanitary sewer and water, complied with the
grading, building and site plans, and the private access driveway for the Subject Property has been
constructed with bituminous in accordance with the plans approved by the City with the building permit.
DEFAULT ON AGREEMENT
Events of Default. The following shall be “Events of Default” under this Agreement and the term
“events of default” shall mean, whenever it is used in this Agreement (unless the context otherwise
provides) any one or more of the following events:
A. Failure by the Developer to observe and substantially perform any covenant, condition,
obligation, or agreement on its part to be observed or performed hereunder.
B. If the Developer shall admit in writing its inability to pay its debts, generally as they become
due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of its
creditors, or shall consent to the appointment of a receiver of itself or of the whole or any
substantial part of the Subject Property.
C. If the Developer fails to reimburse the City within thirty days of receipt of invoice for any costs
required to be paid by the Developer under this Agreement, including the costs set forth in
Recital D.
D. If the Developer does not pay the assessments due on the Subject Property pursuant to the terms
of this Agreement and/or provisions of Minnesota Statutes Chapter 429.
If the Developer fails to cure the Event of Default within ten (10) days of the date of notice sent to
Developer by regular first class U.S. mail, Developer agrees that the City is hereby granted the right and
privilege to declare any amounts expended by the City then due and payable as liquidated damages, and
the City may immediately bring legal action against the Developer to collect such sums expended by the
City, including reasonable attorney’s fees and engineering fees and all court costs. The Developer shall be
personally responsible for payment of such sums; in addition, the City shall have a lien against the
Subject Property. In addition to any other remedy provided in this Agreement, and without waiver of any
such right, the City may avail itself of any or all of the following remedies:
1. Halt all development work and construction of Improvements.
2. Refuse to issue building permits or occupancy permits until such time as the Event of
Default is cured.
3. Apply to a court of competent jurisdiction to enjoin continuation of the Event of Default.
4. Terminate this Agreement by written notice to the Developer.
Addresses.
The address of the Developer for the purposes of this Development Agreement is:
KAB Land LLC
2244 Orchid Loop South
St. Cloud, MN 56301
The address of the City for the purposes of this Development Agreement is:
City of St. Joseph
75 Callaway St. E
St. Joseph, MN 56374
IN WITNESS WHEREOF, the parties have hereunto set their hands.
CITY OF ST. JOSEPH
By: ____________________________ Date: _________________________
Rick Schultz, Mayor
By: ____________________________Date:___________________________
David Murphy, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged in Stearns County, State of Minnesota before me on the _____
day of ____________, 2023, by Rick Schultz and David Murphy, the Mayor and City Administrator,
respectively, of the City of St. Joseph.
___________________________
Notary Public
DEVELOPER
KAB LAND, LLC
By: ____________________________ Date: _________________________
Ken Bellicott, President
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing was acknowledged in Stearns County, State of Minnesota before me on the _____
day of ____________, 2023, by Ken Bellicott, the President of KAB LAND, LLC.
___________________________
Notary Public
Drafted By:
City of St. Joseph,
75 Callaway St. E
St. Joseph, MN 56374
Exhibit A
Required Sewer and Water line extension
Exhibit B
Exhibit C
Stormwater details
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FIGURE
NO. 2
PROJECT NO.
DATE:
STJOE G188
06/28/2022
UTILITY LAYOUT
EVENT CENTER
ST.JOSEPH, MINNESOTA
LEGEND
ELEVATIONS ABOVE 1,130
BOOSTED WATER PRESSURE
RECOMMENDED
WETLAND
STAFF MEMO
Prepared by:
Community Development
Meeting Date:
Sept. 5th, 2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
Reviewed by: Item:
KAB Land LLC, Variance Request
ACTION REQUESTED
Approval of Finding of Fact Resolution to approve or deny proposed request.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Planning Commission conducted a public hearing on August 28th. Applicant was the only one who spoke.
Planning Commission voted 5-1 to de ny the variance. Planning Commission bases for denial was that the
Variance did not meet one of the criteria highlighted below.
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
Variance Request – Proposed Gravel Parking Lots
KAB Land, LLC (applicant) is proposing to surface the parking lots within the Special Event Facility site with
gravel. City code requires parking lot areas to be hard surface (asphalt, concrete, pavers, etc.) therefore the
applicant is requesting a variance to deviate f rom the standards of the code. The driveway, entrance and
drop-off areas will be paved with asphalt.
A Finding of Fact approving and Finding of Fact denying the Variance proposal is included. Given the property
is zoned Rural Residential it’s not uncommo n to see dirt/gravel driveways. However, the use with multiple
parking lots is unique to the zoning district and creates higher amounts of vehicular traffic then what is
commonly found. The Commission should make a recommendation based on the criteria list ed below.
Staff does have concern about the variance meeting criteria 3b . Criteria 3b was the basis for Planning
Commission voting to deny the Variance.
502.06 Subd. 2 Section B
a)Criteria. A variance shall only be permitted if all of the following facts and conditions exists:
1.The variance is consistent with the adopted St. Joseph Comprehensive Plan.
2.The variance is in harmony with the general purposes and intent of this Ordinance.
3.The applicant establishes that there are practical difficulties in complying with the
zoning ordinance. Practical difficulties as used in connection with the granting of a
variance shall mean:
a.The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
b.The plight of the landowner is due to the circumstances unique to the property
not created by the landowner
c.The variance, if granted will not alter the essential character of the locality.
4.Economic considerations alone shall not constitute practical difficulties under the
terms of this Ordinance.
5.Practical difficulties shall include, but are not limited to, inadequate access to
direct sunlight for solar energy systems.
6.Variances shall be granted for ea rth sheltered construction as defined in MN
Statute 216C.06, Subd. 14 as may be amended, when in harmony with the zoning
ordinance.
6
City Administrator
7. Additional Conditions: If granting a variance, the City Council may impose
conditions to ensure compliance with this Ordinance and to protect adjacent
properties.
BUDGET IMPACT
None
STAFF RECOMMENDED ACTION
Adopt a Finding of Fact to Approve or Finding of Fact to deny the proposed Variance.
SUPPORTING DATA/ATTACHMENTS
1. Variance application + email from applicant
2. Site Plan
3. Finding of Fact to approve 2023-043
4. Finding of Fact to deny 2023-043
St. Joseph Application for Variance Page | 1
Application Fee:
Application for Variance $400
Variance: A variance is to allow for an exception to the City’s land use regulations, including dimensional
standards i.e. setbacks and height limits. It is not intended to allow a use not permitted in the underlying zoning
district. Variances are reviewed by the Planning Commission, who conducts a public hearing on behalf of the City
Council and makes a recommendation to either approve or deny the variance request. The City Council will make
the final decision to approve or deny the variance.
Pre-Application: Contact and Meet with City Planning Department staff prior to application submittal to
understand the process and identify potential issues. An applicant may want to contact the neighboring property
owners/tenants regarding the variance request prior to submitting the application to the City for formal
consideration.
Application Deadline & Completeness: All required application information and payment of the application fee
must be received by the City at least three weeks prior to the regularly scheduled Planning Commission meeting in
which you wish to be heard (attached submittal and meeting schedule).
All applications are evaluated by Planning Department staff, including the application form, site plan, and other
relevant supporting information. If the materials submitted are deemed to be incomplete, Planning Department staff
will not process the application and not place the item on the Planning Commission agenda.
Application Information Required: A site plan, drawn to scale including the following information, must
accompany the application form with applicant(s) and owner(s) signature(s):
1.Description of site (legal description).
2.Site plan drawn at scale showing parcel and building dimensions.
3.Location of all buildings and their square footage.
4.Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
5. Landscaping and screening plans.
6.Drainage plan.
7.Sanitary sewer and water plans with estimated use per day.
8.Soil type.
9. Any additional data reasonably required by the Zoning Administrator or Planning Commission.
Public Notification:
Mailed Notification: Minnesota Statute requires written notice of the variance request be mailed at least ten (10)
days prior to the public hearing date. Notice of the public hearing is sent by the City to all property owners located
within three hundred fifty (350) feet of the subject property.
Published Notification: Minnesota Statute requires that a minimum of ten (10) days prior to the public hearing date,
notice of the variance request is published in the official newspaper (St. Joseph Newsleader).
Staff Review: Staff will review all application materials and prepare a memorandum for the Planning Commission.
The memo will contain City staff’s recommendation to approve, approve with conditions, or deny. A copy of all
application materials, including the staff memo, will be provided to the applicant via email or mail prior to the
Planning Commission meeting. All materials will be available to the public through the City’s website.
Planning Commission Meetings: Planning Commission meetings are held on the second Monday of each month,
unless there is a conflict with an election or holiday.
St. Joseph Application for Variance Page | 2
•In accordance with the adopted rules of order and procedure, an individual board member will not
accept or participate in any discussion or review/receipt of information related to any pending request
outside of an official meeting of the Planning Commission. All communications should be sent to
Planning Department staff, who will distribute the information to all board members. Planning
Commission members are encouraged to and may visit the subject property prior to the meeting.
•The Planning Commission chairperson will open the public hearing. It is recommended that the
applicant, or their designated representative, testify first at the public hearing by outlining what the
request is and why it should be approved. The speaker may be asked to respond to questions/concerns
expressed by interested parties, Planning Commission members, or the general public.
•The Planning Commission has the option of recommending the City Council approve the request,
approve the request with conditions, deny the request, or table the matter to their next meeting.
•The recommendation of the Planning Commission will be forwarded to the City Council for final
decision.
Granting a Variance and Findings of Fact:
•The City Council may grant a variance if ALL of the following facts and conditions exists:
1.The variance is consistent with the adopted St. Joseph Comprehensive Plan.
2. The variance is in harmony with the general purposes and intent of this Ordinance.
3.The applicant establishes that there are ‘practical difficulties’ in complying with the
zoning ordinance. Practical difficulties as used in connection with the granting of a
variance shall mean:
a.The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
b. The plight of the landowner is due to the circumstances unique to the property not
created by the landowner
c. The variance, if granted will not alter the essential character of the locality.
4.Economic considerations alone shall not constitute practical difficulties under the terms
of this Ordinance.
5.Practical difficulties shall include, but are not limited to, inadequate access to direct
sunlight for solar energy systems.
6.Variances shall be granted for earth sheltered construction as defined in MN Statute
216C.06, Subd. 14 as may be amended, when in harmony with the zoning ordinance.
7. Additional Conditions: If granting a variance, the City Council may impose conditions
to ensure compliance with this Ordinance and to protect adjacent properties.
•The Planning Commission and City Council will adopt findings of fact based on the ordinance and
information provided by the applicant.
•No variance shall be granted simply because there are no objections or because those who do not object
outnumber those who do, nor for any other reason other than proven practical difficulties. Granting of a
variance is prescribed by Minnesota State Law.
•A copy of the recommendation by the Planning Commission will be forwarded to the City Council and
the applicant and available on the City website with the Council meeting material. The City Council
does not accept additional testimony on the proposed application but rather will review the request
based on meeting the variance criteria, along with considering the recommendation of the Planning
Commission and city staff.
Withdrawal and Refund Policy: An applicant has the right to withdraw an application at any time prior to the
decision on the application. Such withdrawal must be in writing and the fee will not be refundable.
Note to Applicant: Please be aware that any written information you provide with your application or at a public
hearing, including pictures, becomes the property of the City. All comments made at all meetings of the Planning
Commission and City Council become part of the public record.
St. Joseph Application for Variance Page | 3
Questions/Submit Completed Application To:
City of St. Joseph
Attn: Nate Keller
75 Callaway St E
St. Joseph, MN 56374
Phone: (320) 229-9425 Email: nkeller@cityofstjoseph.com
Website: www.cityofstjoseph.com
PLEASE KEEP THIS MATERIAL FOR YOUR INFORMATION
ATTACHMENTS
1.Application for Variance
2. Schedule of Planning Commission & City Council meeting dates
St. Joseph Application for Variance Page | 4
Application for Variance
APPLICANT INFORMATION:
Name (s): Date:
Address:
City: State: Zip:
Email Address:
INFORMATION ON PROPERTY OWNER (if different from Applicant):
Property Owner:
Address:
Telephone: Email:
PROPERTY INFORMATION:
Street Address of Subject Property:
Purpose of Variance:
Legal Description of Property (may be attached instead of listed):
VARIANCE APPROVAL
The City Council may allow a departure from the terms of the zoning ordinance pertaining to setbacks, height or
width of structures or the size of yard and open spaces where such departure will still be in harmony with the general
purpose and intent of the ordinance. A variance may be granted if enforcement of a zoning ordinance provision as
applied to a particular piece of property would cause the landowner “practical difficulties.” For a variance to be
granted, the applicant must satisfy a three-factor test for practical difficulties under state statute. All three factors
must be satisfied to constitute practical difficulties. The factors are as follows:
1.That the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of
the ordinance.
Explain how this applies to your request:
KEN BELLICOT/KRISTYN FARRELL 7-20-2023
2244 ORCHID LOOP S
ST CLOUD MN 56301
KBELLICOT@GMAIL.COM
KAB LAND, LLC
2244 ORCHID LOOP S, ST CLOUD MN 56301
320-345-1215 KBELLICOT@GMAIL.COM
NEAR 28617 JADE RD, ST JOSEPH
ALLOW FOR NATUARALLY OCCURRING DUSTLESS, HARD-PACKED PERVIOUS MATERIAL FOR PARKING AREAS SUCH AS
CRUSHED GRANITE, CRUSHED LIMESTONE, PAVERS, ETC.
59.95A SE4NW4 ALL OF RD, LESS 1.45 FOR HWY
ASPHALT OR CONCRETE PARKING AREAS
WILL SIGNIFICANTLY IMPACT THE ABILITY TO PRESERVE THE LAND'S
UNIQUE NATURAL SETTING.
St. Joseph Application for Variance Page | 5
2.That the landowner’s problem is due to circumstances unique to the property not caused by the landowner.
There are uniquely exceptional circumstances or conditions applying to the land, structure or building in
question that do not generally apply to other properties in the same zoning district i.e. sloping topography or
other natural features.
Explain how this applies to your request:
3.That if the variance is granted it will not alter the essential character of the locality meaning the structure will
not be out of scale, out of place, or otherwise inconsistent with the surrounding area.
Explain how this applies to your request:
NOTE: Economic considerations alone shall not constitute practical difficulties. Rather, practical
difficulties exist only when the three statutory factors are met. Additional conditions may be imposed to
ensure compliance with the City Code and to protect adjacent properties.
APPLICATION FOR VARIANCE APPROVAL
Applications for Variance Approval shall be on this form and shall include the established fee. The application and copies
of the site plan shall be submitted three (3) weeks prior to the next Planning Commission meeting. (Please see attached
meeting schedule). The application shall contain twelve (12) copies (8.5”x11” or 11”x17”) of exhibits, which will include
the following information:
Site Plan drawn at scale showing parcel, grading, landscaping and location of utilities, as applicable.
Location of all buildings and their square footage.
Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.
Landscaping and screening plans.
Sanitary sewer and water plan with estimated use per day.
Drainage and grading plan; indicate soil type.
Any additional information reasonably required by the City Staff, Planning Commission or City Council.
We, the undersigned, hereby certify that we have read, examined and understand this application and that the
information submitted herein and attached hereto is true, accurate, and correctly states my intentions.
Signature of Applicant: Date:
Signature of Owner: Date:
STAFF USE ONLY
Application Fee Due: $400.00
Application Fee Received by: Date Application Received:
OUR PRIORITY IS NATURE PRESERVATION AS WELL AS
CREATING A SPACE FOR GATHERINGS AND CELEBRATIONS FEELING LIKE THEY ARE IMMERSED IN NATURE; OUR
INTENT TO LEAVE AS MUCH NATURAL, UNTOUCHED AREAS WILL ASSIST IN KEEPING THE LAND
IN AS MUCH OF A PARK-LIKE STATE AS POSSIBLE.
GRANTING THE VARIANCE WILL ASSIST IN MAINTAINING
THE INTEGRITY OF THE LAND AND REDUCE IMPACT TO THE NATURAL STATE.
7-21-2023
7-21-2023
1108
1094
1
1
0
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1
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10961098
1099
1100
1101
1102
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1096
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10901091
10 8 9
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1078
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1 0 7 7
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1073
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1
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9
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1
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7
5
1123
1122
1121
1122
1 1 2 3
1 1 2 41125
1126
1127
1120
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1116
11171118
1 1 1 41115
1 1 1 3
1 1 1 2
1 1 1 1
1 1 1 0 110 9
1 1 0 8 1 1 0 7
1 1 0 611 0 5
1
1
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1 0 9 8
BUILDING FOOTPRINT
14,500 TOTAL SF (APPROX)
FINISHED FLOOR ELEVATION
ACTUAL = 1095' (VERIFY)
ASSUMED = 100' -0"
J
A
D
E
R
O
A
D
LOT 2
25 SPACES
R 20' - 0"
R 6 6 ' - 0 "
R 4 8 ' - 0 "
R 18' - 0"
R
2
0
'
-
0
"
R 64' - 0"
26' - 0"
1 8' - 0 "
2 6' - 0 "
1 8' - 0 "
LOT 3
48 SPACES
LOT 1a
10 SPACES
LOT 1
17 SPACES
24
'
-
0
"
24' - 0"
1
2
'
-
0
"
1
2
'
-
0
"
1.01
1.02
126' - 0"
6 2' - 0 "
1.02
1.03
1.011.01
1.04
1.021.02
1.051.05
1.021.02
1.041.04
1.01
1.01
1.01
1.011.01
1.01
1.01
1.04
1.01
1.06
1.051.05
1.071.07
1.07
235' - 6"
86
'
-
1
9
/
1
6
"
1.071.07
1.081.08
1.09
1.11
1.08
R 44' - 0"
1.121.12
45'
-
0
"
10'
-
0
"
24'
-
0
"
20'
-
0
"
1.04
1.051.05
23
1
'
-
0
"
62' - 0"
18' - 0"26' - 0"18' - 0"
64' - 0"
18' - 0"
26' - 0"
20' - 0"
60' - 0"
100' - 0"
100' - 0"
18' - 0"
1.10
8
0
'
-
7
3
/
4
"
2 3 5 ' - 9 1 3 /1 6 "
10
'
-
0
"
1.04
A R C H I T E C T S
Project No:
Project Manager:
Drawn By:
Date:
These drawings and specifications are
the sole property of HMA Architects, Ltd.
any reproduction or reuse of these
documents is forbidden without written
permission from HMA Architects, Ltd.
Signature:
Printed Name:
License No.:
Date:
700 W. St. Germain Street
Suite 200
St. Cloud, MN 56301
www.hma-archs.com
T | 320.251.9155
F | 320.251.4919
hma@hma-archs.com
I hereby certify that this plan, specification
or report was prepared by me or under
my direct supervision & that I am a duly
Licensed Architect under the laws of the
State of Minnesota
Tim Gillet
51031
SITE PLAN
A100
PR
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ST. JOSEPH, MN
JADE ROAD
VENUE
NEW BUILDING:
2321
MJ
MJ
08/21/2023
08/21/2023
REFERENCED KEYNOTES
1.01 CONCRETE PAVEMENT, SEE CIVIL.
1.02 CURB RAMP
1.03 VENDOR LOADING SPACE
1.04 GREEN SPACE
1.05 BITUMINOUS PAVEMENT, SEE CIVIL
1.06 TIERED SOFT SEATING
1.07 CLASS 2 SURFACE PARKING, SEE CIVIL.
1.08 CLASS 2 DRIVEWAY, SEE CIVIL.
1.09 EXISTING BUILDING TO BE REMOVED
1.10 EXISTING SILO TO REMAIN
1.11 FUTURE 60'X100' STORAGE BUILDING.
1.12 DECORATIVE GATE AND PIERS
SCALE: 1" = 50'-0"A100
SITE PLAN1
PLAN NORTH
# Date Description
LEGAL DESCRIPTION
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE 1/4 NW 1/4) LESS HIGHWAY AND THAT
PART OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER (SW 1/4 NE 1/4) LYING WESTERLY
OF ROAD, SECTION 22, TOWNSHIP 124 NORTH OF RANGE 29Exhibit A
Document drafted by the City of St. Joseph, Minnesota Page 1 of 3
RESOLUTION 2023-043
A RESOLUTION APPROVING A
VARIANCE TO THE PARKING LOT MATERIAL REQUIREMENTS
WHEREAS, KAB Land LLC, owner, hereinafter referred to as “Applicant,” has properly applied
for a variance from the minimum driveway material requirements as indicated in St. Joseph Ordinances
502.10 Subd.3 N) on the property addressed as 28617 Jade Rd, St. Joseph, Minnesota and Parcel ID
84.53300.0321: (“Subject Property”) and legally described as:
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE ¼ NW ¼) LESS
HIGHWAY AND THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER (SW ¼ NE ¼) LYING WESTERLY OF ROAD, SECTION 22, TOWNSHIP 124
NORTH OF RANGE 29.
“Subject Property”
WHEREAS, That the Applicant appeared before the St. Joseph Planning Commission on August 28th,
2023; and
WHEREAS, That the Subject Property is zoned RR Rural Residential; and
WHEREAS, That the Planning Commission conducted a Public Hearing on August 14th but said Public
Hearing was tabled until August 28th, 2023 at which time all persons wishing to be heard regarding the
matter were given an opportunity to be heard; and
WHEREAS, That the variance notice was duly published and notice provided to all property owners
within three hundred and fifty (350’) feet of the subject property; and
WHEREAS, That the applicant is requesting a variance to install gravel or similar crushed material
surfacing in lieu of City ordinance 502.10 Subd. 3 N which requires surfacing to be paved, asphalt or
paver materials; and
NOW THERFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ST. JOSEPH, MINNESOTA, that the following Finding of Fact approve the variance:
1. The variance is in harmony with the general purposes and intent of this Ordinance.
The intent of the ordinance is to create aesthetically consistent and well-maintained areas of
Commercial, Industrial, and Residential development. Allowing gravel parking within a Rural
Residential district is consistent with many of the driveways and parking areas found in this
district and is consistent with historical allowances of similar uses in other zoning districts.
2. The applicant has established that there are practical difficulties in complying with the zoning
ordinance.
3. Installing gravel or a similar crushed material is a reasonable alternative to the ordinance
standards.
4. The circumstances have not been caused by the landowner.
5. The variance if granted will not alter the essential character of the locality. The property is
located in a Rural Residential district where it is common to see driveway and parking areas
Document drafted by the City of St. Joseph, Minnesota Page 2 of 3
consist of gravel, dirt, or similar non-paved surfacing.
6. Economic considerations and factors are not the reason a variance is being sought.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, as follows:
1. The proposed parking lot areas as shown in Exhibit A is granted a variance to be gravel provided
a. The owner shall ensure no gravel is tracked onto the public right-of-way/street.
b. Failure to adhere to these conditions is grounds for the city to revoke the variance.
c. The Applicant shall be responsible for all City costs incurred in administering and
enforcing this variance
d. This resolution shall be recorded at Stearns County recorder’s office within one year
otherwise this variance shall become null and void unless petition for an extension has
been approved by the City Council.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
this 5th day of September, 2023.
CITY OF ST. JOSEPH
By___________________________
Rick Schultz, Mayor
By____________________________
David Murphy, City Administrator
Document drafted by the City of St. Joseph, Minnesota Page 3 of 3
EXHIBIT A
Areas where gravel surfacing is being proposed.
Document drafted by City of St. Joseph, MN Page 1 of 2
RESOLUTION 2023- 043
A RESOLUTION OF DENIAL REGARDING A VARIANCE
TO THE PARKING LOT MATERIAL REQUIREMENTS
WHEREAS, KAB LAND, LLC, owner, hereinafter referred to as “Applicant,” has properly applied for a
variance from the minimum driveway material requirements as indicated in St. Joseph Ordinances 502.10
Subd.3 N) and 502.10 Subd. 5 D) on the property addressed as 28617 Jade Rd St. Joseph, Minnesota and
Parcel ID 84.53300.0321 (“Subject Property”) and legally described as:
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE ¼ NW ¼) LESS
HIGHWAY AND THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER (SW ¼ NE ¼) LYING WESTERLY OF ROAD, SECTION 22, TOWNSHIP 124
NORTH OF RANGE 29.
“Subject Property”
WHEREAS, The Applicant appeared before the St. Joseph Planning Commission on August 28th, 2023;
and
WHEREAS, That the Subject Property is zoned RR Rural Residential; and
WHEREAS, That the Planning Commission conducted a Public Hearing on August 14th, 2023 but said
Public Hearing was tabled until August 28th, 2023 at which time all persons wishing to be heard regarding
the matter were given an opportunity to be heard; and
WHEREAS, That the variance notice was duly published and notice provided to all property owners
within three hundred and fifty (350’) feet of the subject property; and
WHEREAS, City Ordinance 502.10 Subd. 3 N requires driveway and circulation areas to be constructed
of a hard surface such as concrete, bituminous, pavement or paver stone; and
WHEREAS, That the applicant is requesting a variance to install gravel or similar crushed material
surfacing in lieu of City ordinance 502.10 Subd. 3 N; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA, that the following Findings of Fact deny the variance:
1. The variance is not in harmony with the general purposes and intent of this Ordinance.
The intent of the ordinance is to create aesthetically consistent and well-maintained areas of
Commercial, Industrial, and Residential development. Deviating from the required material
standards would set a precedence in this expectation and be a departure from the city standards,
regulations, and overall goals as demonstrated in the Comprehensive Plan.
2. The applicant has not established that there are practical difficulties in complying with the zoning
ordinance.
3. Installing gravel or a similar crushed material is not a reasonable alternative to the ordinance
standards. The proposed gravel areas are areas of higher usage and traffic given they serve as the
principle parking areas within the site.
Document drafted by City of St. Joseph, MN Page 2 of 2
4. The circumstances have been caused by the landowner as the proposed material for the parking
lots is a choice being pursued by the landowner. The subject property was annexed into the city in
2019 and the applicant purchased the property after annexation therefore the landowner was
aware that the city ordinances apply.
5. The variance if granted will alter the essential character of the locality. Departing from surfacing
material requirements will set a precedent on future expectations and improvements. Any new
developments is required to meet city standards. A variance to allow gravel or similar crushed
surfacing is not consistent with current enforcement and application of the prescribed regulations
for parking lot usage within a Rural Residential district.
6. Economic considerations cannot constitute practical difficulties.
Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council
this 5th day of September, 2023.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
David Murphy, City Administrator
STAFF MEMO
Prepared by:
Lori Bartlett, Finance Director
Meeting Date:
9-5-23
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
7
Reviewed by:
Item:
2024 Capital Equipment Budget
ACTION REQUESTED
Discuss and provide feedback on the capital equipment budget.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The EDA and Park Board reviewed their capital budgets at their August meetings.
PREVIOUS COUNCIL ACTION
none
REFERENCE AND BACKGROUND
To begin, the Engineer Capital Improvement Plan (CIP) has been discussed at the May council workshop.
The improvement projects identified as 2024 priorities include the following projects. If council is
supportive of the projects, the feasibility reports should be ordered in soon so S.E.H. can complete their
survey work before winter. This also allows the City to be on the front of the bidding season that may
bring in more favorable bids.
2024 Street Overlay Improvements: 2nd Ave SW, Foxmore Way, 1st Ave SW, Hill St W, 3rd Ave
SW, Iverson St W, Morningside Loop, Kiwi Court, Kale Court, Polar Circle, Pearl Drive
Community Center Capital Campaign/Design
Elm St/CR133 Roundabout [Stearns County]
Elm St Extension Northland Drive to 8th Ave NE
SCAWAC: Main Lift Station Improvements [St. Cloud]
SCAWAC: Metro Forcemain Replacement [St. Cloud]
Proposed developments that may spur street and utility work include the following projects:
Gateway Development – CSAH 2 sewer extension/sewer lift station
River Bats Storage Development – Stormwater & water extension, future sewer extension/lift station
Knife River Rail Extension - connect to Fir St NE, wetland delineation
Knife River Transload Station (future) –24th Ave NE/Westwood Pkwy extension
Merkling Property Development – 1st Ave NE street and utility improvements/extensions
Rivers Bend Development – sewer lift station, Jade Road South construction – extend utilities
Wedding Event Center – extend utilities north along Jade Road
The Park Board project priority was discussed at their August 28, 2023 meeting. The following priorities
were recommended for 2024.
East Park Phase I Millstream Park – Pickle Ball Courts
The capital equipment plans (CEP) will be printed for Council’s review/comment. Below is a summary of
the equipment requests for each department for the next two years.
Department 2024 2025 [Equip Certificate]
Administration Election Equipment Vehicle
Administration CivicRec Software Welcome to St. Joseph Sign CR75, CR2
Administration Computers Computers/Server
EDA Business Development Business Development
EDA Computer Replacement
Fire Air Packs Air Packs
Fire Paint Fire Hall Roof Maintenance
Fire Mule ATV/Pump/Tank #7
Fire Turnout Gear Turnout Gear
Police Mobile Video Mobile Video
Police Squad Equipment Squad Equipment
Police Radar Printer
Police Squad 708 (new) Squad Replacements (2)
Police Mobile Laptops
Public Works Seal coat/Crack fill Seal coat/Crack fill
Public Works Tire Station w/Balancer Maintenance Truck
Public Works Bobcat UTV PD/PW Garage
Public Works Scissor Lift
Public Works Sno Go Blower
Public Works Pavement Mgmt Plan Update
Public Works Shop #2 Roof Replacement
Public Works Plow Truck
Public Works Wing Deck Mower
Enterprise Locator UB Computer
Enterprise Stormwater MS4 Update Sewer Root Foam/Lining
Enterprise VFD Drives VFD Drives
Enterprise Well Maintenance Well Maintenance
Enterprise Cellular Meter Conversion Cellular Meter Conversion
Equipment Certificates:
The next equipment certificate issues are scheduled for 2025. The two certificates are issued on a
rotating 5-year basis to minimize spikes in the general levy budget.
BUDGET IMPACT
Budget input for 2024 preliminary budget with various funding sources.
STAFF RECOMMENDED ACTION
Provide feedback on the requested capital budget.
SUPPORTING DATA/ATTACHMENTS
No additional attachments.
STAFF MEMO
Prepared by:
Nate Keller, CD Director
Meeting Date:
Sept. 5th, 2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
8
Reviewed by: Item:
East Park Design Proposal
ACTION REQUESTED
Approval of S.E.H. proposal to begin Design work for East Park.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
PREVIOUS COUNCIL ACTION
Council approved LCCMR Grant agreement on August 7th, 2023 and DNR Grant agreement on
August 15th, 2022.
REFERENCE AND BACKGROUND
Construction is expected to start at East Park in the Spring of 2024. Prior to construction a design
proposal and agreement outlining the work S.E.H. will be completing needs to be executed.
Tentative schedule for East Park work:
1.Preliminary Design and Survey completed by 09/30/23
2.Final Design completed by 11/30/23
3.SHPO Consultation completed by 11/30/23
4.Permits Secured by 02/28/24
5.Project bidding by 03/31/24
6.Contractor selection by 04/30/24
7.Construction starts 06/30/24
8.Final construction 05/31/25
9.Completion 06/30/25
10.Park Opens 06/30/25
BUDGET IMPACT
Design work will be an upfront cost of $82,000 that will be reimbursed as part of the LCCMR funds.
LCCMR original project budget included $132,200 for design, permitting, and prep of bidding
documents. All these activities are covered as part of S.E.H.’s contract.
STAFF RECOMMENDED ACTION
Approve S.E.H. agreement to begin design work and related activities.
SUPPORTING DATA/ATTACHMENTS
S.E.H. Agreement and East Park Site Plan
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 2351 Connecticut Avenue, Suite 300, Sartell, MN 56377-2485
320.229.4300 | 800.572.0617 | 888.908.8166 fax
SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer
August 31, 2023 RE: St. Joseph, Minnesota
East Park Trail-Canoe Access Improvements
Final Design Phase Services
SEH No. STJOE 166802 1
Honorable Mayor and City Council
c/o Mr. David Murphy, City Administrator
City of St. Joseph
75 Callaway Street E
PO Box 668
St. Joseph, MN 56374-0668
Dear Mayor and Members of the Council:
This letter supplements the Agreement for Professional Services between City of St. Joseph, Minnesota,
Owner, and Short Elliott Hendrickson Inc. (SEH) dated July 1, 2006, and addresses providing Final
Design phase services in connection with canoe access improvements, parking lot construction, and
bituminous trail construction (1,500 LF described as Phase I and 4,500 LF described as Phase II) within
East Park, adjacent to the Sauk River, as illustrated on the attached Figure No. 1, hereinafter called the
“Project”.
Our services will consist of:
Provide project administration including invoicing, project team coordination, and schedule
updates.
Assist the Owner in commissioning a suitable geotechnical investigation for the Project.
Perform a field wetland delineation and reporting for the wetland boundary adjacent the Phase 1
trail and part of the Phase 2 trail along the floodway boundary.
Perform a topographic survey of the proposed trails and canoe launch/parking areas to collect
ground surface and above-ground features within the corridor and to create a design-accurate
ground surface model suitable for creating 2-foot contours.
Prepare construction drawings (plans) and the project manual (specifications) for the Project.
Furnish a final engineer’s opinion of probable construction cost for the Project based on the
completed drawings and specifications.
Provide assistance with preparing and submitting regulatory agency permit applications.
o Anticipated permits: MPCA NPDES Construction Storm Water, Stearns County Right of
Way, and MN DNR Waters permit.
Prepare proposal form and notice to bidders.
Assist the Owner in obtaining and evaluating bids and awarding a contract for construction of the
Project.
o Prepare proposal form and notice to bidders.
o Distribute plans via electronic and paper means to prospective bidders.
o Answer pre-bid questions from bidders.
o Conduct a virtual bid opening through QuestCDN.
o Review and tabulate bids received by the Owner.
Mr. David Murphy
August 31, 2023
Page 2
All as set forth in this letter and the Agreement for Professional Services between SEH and City of St.
Joseph, Minnesota dated July 1, 2006. We will also furnish such Additional Services as you may request
or as required.
Assumptions:
The following assumptions were made in preparing this proposal:
Owner will provide Consultant with any other studies, reports, plans, plats, electronic CAD files, or
other data that may be of assistance.
Owner will pay for permit application fees, if any.
Owner will pay for any advertising and publication fees, if any.
Owner will commission a suitable geotechnical investigation of the site.
Owner will administer any grant (DNR/LCCMR) program requirements.
FEMA floodplain and floodway is anticipated to border the proposed project. The anticipated
design will involve a “no rise” design that will not require a CLOMR (FEMA Conditional Letter of
Map Revision).
There will be no municipal utility extensions (water main and sanitary sewer) designed.
Additional Services:
The following services from SEH are not included in this proposal but, if required, can be provided to the
City of St. Joseph:
Preparation of environmental documents (wetland mitigation plans/permits).
Attendance at regulatory agency review meetings.
Reproduction of deliverables in addition to the scope identified above.
Right of way acquisition/platting services.
Construction Phase Services.
You will pay us a fee for our services, currently estimated to be $82,000, in accordance with Exhibit C-2,
Lump Sum Basis Option.
Payment for additional services shall be based on the time required to perform the services and the
billable rates for the principals and employees engaged directly on the Project, plus charges for expenses
and equipment, all in accordance with Exhibit C-1.
We will start our services promptly after receipt of your authorization. We estimate our services will be
completed after 7 months. If there are delays in the Project that are beyond our control, you agree to
grant additional time to complete the services.
Your budgetary limitations for construction of the Project should be provided to us in writing at an early
date. We will endeavor to work within those limitations. We do not guarantee that our opinions of probable
construction cost will not differ materially from negotiated prices or bids. If you wish greater assurance as
to probable construction cost or if you wish formal estimates, an independent cost estimator should be
employed as provided in Section IV.A. of the Agreement and in Exhibit B.
This letter and the Agreement for Professional Services and Exhibits A, B, C-1, C-2 and D dated July 1,
2006, represent the entire understanding between you and us in respect of the Project and may only be
modified in writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement,
please sign this letter in the space provided below and return one copy to us.
Mr. David Murphy
August 31, 2023
Page 3
Sincerely,
SHORT ELLIOTT HENDRICKSON INC.
Randy Sabart, PE
Principal
(Lic. MN)
mrb
x:\pt\s\stjoe\166802\1-genl\10-setup-cont\03-proposal\2023.08.30 l city supplemental ltr agreement design.docx
ACCEPTED BY: CITY OF ST. JOSEPH, MINNESOTA
By: Date:
Authorized Client Signature
ISD #742
EDUCATIONAL
FIRST HOLDINGS LLC.
AGRICULTURAL
FUTURE RESIDENTIAL
VIRGINIA A SCHREIFELS REV TRUST
AGRICULTURAL
GLORIA C ENGER
AGRICULTURAL
19.35
FLOODWAY
100-YEAR FLOODPLAIN
500-YEAR FLOODPLAIN
100-YEAR FLOODPLAIN
500-YEAR FLOODPLAIN
100-YEAR FLOODPLAIN
500-YEAR FLOODPLAIN
MOWED NATURAL TRAIL
(NON-BITUMINOUS)
(LIES WITHIN FLOODWAY)
FUTURE PAVED
TRAIL
100-YEAR FLOODPLAIN
500-YEAR FLOODPLAIN
ACCESS ROAD & PARKING
LOT (SEE NOTE 1)
PHASE I TRAIL
1500 LF
PHASE II TRAIL
4500 LF
03/08/2023
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PROJECT NO.
DATE:
STJOEGEN EAST PARK
RECREATION SITE PLAN
ST. JOSEPH, MINNESOTA
ACTIVITY 1: DNR GRANT/CITY MATCH
ACTIVITY 2: LCCMR FUNDS
LEGEND
1.PARKING LOT AND LANDING IS FUNDED BY
DNR, LOCAL MATCH AND LCCMR FUNDS
NOTES
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
9/5/2023
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
9
Reviewed by:
Item:
Lobbying Contract with Flaherty & Hood
ACTION REQUESTED
Approval of Lobbying Contract with Flaherty & Hood.
REFERENCE AND BACKGROUND
Staff was instructed by the City Council to prepare a contract with Flaherty & Hood to provide
lobbying services for the 2024 legislative session. The attached contract has been provided by
Flaherty & Hood.
The contract obligates F & H to lobby on our behalf to include the CR 2 Infrastructure Extension
into the upcoming bonding bill and to advocate for the Community Center Project. Erik
Simonson and Darrin Lee as the primary lobbyists.
The contract would begin as soon as the City signs the document and would continue through
June 2024.
BUDGET IMPACT
The contract calls for a fee of $20,000 to be paid in two increments of $10,000 each. The first
installment would be due at the beginning of January 2024 and the second at the beginning of
April.
STAFF RECOMMENDED ACTION
A MOTION to Approve the Contract and Authorize the Mayor and City Administrator to execute
the contract.
SUPPORTING DATA/ATTACHMENTS
Flaherty & Hood Contract.
& Hood
August 31, 2023
David Murphy
City Administrator
City of St. Joseph
75 Callaway Street E.
St. Joseph, MN 56374
Dear David,
Thank you for your inquiry regarding legislative services for the 2024 legislative session. This letter
serves as both proposal and agreement for Flaherty & Hood, P.A. to provide services related to the City of
St. Joseph’s request to the legislature for funding of the County Road 2 Infrastructure Extension and
Community Center projects.
Flaherty & Hood is well positioned to assist the City of St. Joseph in seeking bonding dollars from the
legislature. Flaherty & Hood has deep experience working with local communities across the state on
various bonding projects including recently for the cities of Foley, Waite Park, Mankato and Bemidji,
among others.
Scope of Services
In order to successfully secure funding for your project, Flaherty & Hood staff will assist the City of St.
Joseph with the following legislative activities:
• Developing and executing a legislative strategy
• Drafting necessary legislation and amendments
• Securing bill authors
• Direct lobbying of committee chairs, key legislators, and the Walz Administration
• Creation of handouts and other materials for committee hearings
• Monitoring progress of the bonding bill through the legislative process
• Coordinating testimony at legislative hearings
Project Management and Costs
Flaherty and Hood lobbyists Erik Simonson and Darrin Lee will be the primary contacts for the city and
will be responsible for the day to day execution of services on behalf of the firm. Firm Shareholder
Bradley Peterson will have ultimate responsibility for service delivery on behalf of the Firm. Other staff
will be available to assist as needed.
Total fee for service would be $20,000. This is a flat rate fee that will be billed in two increments of $10,000
at the beginning of January 2024 and the beginning of April 2024.
Term of services would commence upon approval of the St. Joseph City Council and would run through
June 30, 2024. Either party may terminate this agreement with written notice to the other party. Should a
termination occur the City of St. Joseph will owe a pro-rated portion of the total fee due up to the time of
the termination.
By entering into this agreement, the City understands that Flaherty & Hood, P.A. represents other cities
seeking funding from the state. Flaherty & Hood advocates for each client’s interest strenuously on its
own merits. We do not believe that there is any conflict between our representation of St. Joseph and
other clients that may be seeking funding through the bonding bill or other sources. If we believe a
conflict has arisen we will immediately be in touch with both clients and seek to resolve the conflict to the
satisfaction of both parties.
Conclusion
Flaherty & Hood, P.A. is pleased to provide legislative services to the City of St. Joseph for the 2024
legislative session and we are confident that we can have a significant impact in advancing your interests.
If the proposal contained in this letter meets your approval, please sign and return one copy to Flaherty &
Hood, P.A. and retain a copy for your records.
Very truly yours,
FLAHERTY & HOOD, P.A.
By: ___________________________________________
Bradley Peterson, Shareholder Attorney
Accepted By: ____________________________________________
Rick Schultz, Mayor
____________________________________________
David Murphy, City Administrator