HomeMy WebLinkAbout10.02.23
CITY OF ST. JOSEPH
www.cityofstjoseph.com
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342
St. Joseph City Council
October 2, 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 September 18, 2023.
b. Bills Payable – Requested Action: Approve Check Numbers 61009-61058, Account
Payable & Payroll EFT #3145-3156, Regular Pay Period 19.
c. Call for hearing on delinquent accounts to be assessed – Requested Action: Set the
public hearing date for October 16, 2023 to consider certification of delinquent account
balances.
d. Approval of Performance Measurement Survey Questions – Requested Action: Approve
conducting a survey of the City’s performance benchmarks with the assistance of the
League of MN Cities.
e. Application for Temporary On-Sale Liquor License – Requested Action: Approve the
Temporary On-Sale Liquor License for Obbink Distilling.
f. Application for payment – Requested Action: Approve application for payment no. 2 for
the 2023 Street Improvement Project.
5. East Park Engineering Services
6. Xcel Energy Franchise Agreements
a. Ordinance 2023-006 Gas Franchise Agreement
b. Ordinance 2023-007 Gas Fee Agreement
c. Ordinance 2023-008 Electric Franchise Agreement
d. Ordinance 2023-009 Electric Fee Agreement
7. Engineer Reports
8. Mayor and Council Reports/Updates
9. Adjourn
September 18th, 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, September 18th, 2023, at 6:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Bob Loso, Adam Scepaniak,
Absent: Kelly Beniek
City Representatives Present: Administrator David Murphy, Public Works Director Ryan Wensmann,
Community Development Director Nate Keller, City Clerk Kayla Klein, Finance Director Lori Bartlett,
Sergeant Jason Luethmers
Public Comments: None.
Approve Agenda: Scepaniak motioned to approve the agenda; seconded by Kluesner and passed
unanimously.
Consent Agenda: Kluesner made a motion to approve the consent agenda; seconded by Schultz.
Loso pulled items d. and e. for discussion. The motion to approve consent agenda items a. – c.
and f. – k. passed unanimously.
Consent Agenda:
a. Minutes – Requested Action: Approve the minutes of September 5, 2023.
b. Bills Payable – Requested Action: Approve Check Numbers 60964-60988, Account Payable
and Payroll EFT #3135-3144, Regular Pay Period 18.
c. Treasurer’s Report – Requested Action: Approve the August financial reports as presented.
d. Gambling Report – Requested Action: Approve the 3rd quarter gambling reports.
e. Donations – Requested Action: Accept the donations as presented.
f. Millstream Dugout Roofs – Requested Action: Approve the quote from Jerome Hartung for
new roofs on the dugouts for the east field in Millstream Park in the amount of $6,960.00.
g. Vacating Interior Easements Northland Heights Lots 4&5, Block 6 – Requested Action:
Approve Resolution 2023-044 Vacating Interior Easements for Lots 4 & 5, Block 6 of
Northland Heights.
h. Interim Use Permit Renewal – 119 College Ave N – Requested Action: Approve Resolution
2023-045 Adopting Findings of Fact for Issuance of an Interim Use Permit.
i. Interim Use Permit Renewal – 119 1st Ave NE – Requested Action: Approve Resolution
2023-046 Adopting Findings of Fact for Issuance of an Interim Use Permit.
j. Interim Use Permit Renewal – 30 Birch St E – Requested Action: Approve Resolution 2023-
047 Adopting Findings of Fact for Issuance of an Interim Use Permit.
k. Interim Use Permit Renewal – 104 1st Ave NW – Requested Action: Approve Resolution
2023-048 Adopting Findings of Fact for Issuance of an Interim Use Permit.
Loso inquired about the donation of voting booths from the City of Minneapolis.
City Clerk Kayla Klein shared she had come across a post that the City of Minneapolis was giving away
election booths. Knowing that some of St. Joseph’s booths needed replacing, Klein reached out and the
City of St. Joseph received over 30 booths at an approximate cost of $200 per booth.
Loso made a motion to approve Consent Agenda items d. and e.; seconded by Kluesner and
passed unanimously.
Public Hearing – Amendment to Special Event Permit for Rocktoberfest: Klein informed Council before
them is a request for an amendment to the Special event Permit for Rocktoberfest scheduled to be held
September 30th. The applicant has requested to move the location of the event. Typically, the event is
held in the parking lot of Heritage Hall/St. Joseph’s Catholic School. If approved, the new location would
be in the parking lot to the east of the church, the same location Joetown Rocks is held. Additionally, the
applicant is requesting that parking (7spots) along MN Street from College Ave to the Alley be blocked off
for pick-ups and drop-offs. At the September 5th City Council meeting, the Council called for the public
hearing to consider the amendment for this evening, September 18th.
September 18th, 2023
Page 2 of 3
Schultz opened the public hearing at 6:04PM.
Klein shared she had received a call from a neighboring property owner who had concerns regarding
traffic management of the alley ways that run north and south and east and west which are adjacent to
the proposed new location.
Randy Schmitz, Chair of the Rocktoberfest Committee: Schmitz shared they would like to move the
location to have a larger space for the event. After speaking with neighboring property owners, they plan
to barricade the alley way going north and south to prevent through traffic. The alley way running east
and west will remain unblocked. Event organizers have spoken with CSB, and the Monastery; they have
agreed to allow event parking in those parking lots.
Schultz closed the public hearing at 6:06PM.
Schultz inquired about the perimeter of the new location, how it will be secured, where the entrance/exit
will be, and what bicycle rack fencing looks like.
Schmitz replied the only entrance and exit for the event will be located on the north side of the church
parking lot (MN Street). Schmitz informed Council a 170’ tent on the west side of the parking lot will
prevent attendees from entering or exiting onto the sidewalk of College Ave. Bike rack style fencing will
be placed on the south side of the parking lot preventing attendees from exiting into the alley way that
runs east and west. Bike racks will also be used to block off the northeast corner of the parking lot and
bike racks or snow fence will enclose the east side of the parking lot. Schmitz informed Council bicycle
rack fencing can be used for crowd control and is sturdier than snow fence.
Staff discussed the difference between using snow fence and bike rack fencing, which portions of the
perimeter would be best served by each type of fencing, downtown parking, and the applicants request to
block off 7 parking spaces on the south side of MN Street for drop-off and pick-ups.
Schmitz added those reserved parking spots could also be used for drop-offs and pick-ups for those who
are patronizing local businesses, for handicap accessibility, Uber, and Lyft drivers.
Kluesner made a motion to approve the amendment to the Special Event Permit for Rocktoberfest;
seconded by Loso and passed unanimously.
Northland Securities – Tammy Omdal:
a. Issuance of General Obligation Bonds, Series 2023A – Financial Advisor, Tammy Omdal of
Northland Securities presented the 2023A General Obligation Bond for issuance. The bond
includes 2023 street and utility improvements.
Schultz made a motion to Adopt Resolution 2023-050 for the issuance of General Obligation
Bonds, Series 2023A; seconded by Scepaniak and passed unanimously.
b. Debt Management Study – Ms. Omdal presented to the Council an analysis of outstanding bonds
held by the City of St. Joseph. The debt study provides information of what the required tax levies
and other revenue sources should be, what debts might be a candidate to refund or payoff early,
how many years remain on each debt, and the summary of the debt costs versus the
requirements to pay the total debt. Ms. Omdal shared the City has retained its very strong credit
rating of AA-.
Kluesner noted the year 2024 was absent from Chart 1 of the presentation. Had it been included, there
would have been a spike in tax levy for debt service of nearly $1.5 million.
Ms. Omdal shared the tax abatement bonds issued for the Community Event Center, is the levy that has
been cancelled and is being supported with sales tax revenue. Bartlett shared that number comes in at
$465,000 and contributes to the spike in 2024.
September 18th, 2023
Page 3 of 3
c. Early Redemption 2017 GO Improvement Bonds - Bartlett shared Northland Securities reviewed the
City of St. Joseph’s outstanding debt for opportunities to early redeem an issue. Two debts could be
redeemed early in October. Staff would follow up with a redemption resolution for Council to pass if
council is interested. The 2017B GO Improvement Bonds, Fund 305 paid for the water treatment plant 1
upgrades and phase I of the CBD alley sewer and street improvements. The early call would result in
interest savings of $10,200 and reduce the 2024 debt levy by $25,000.
Kluesner made a motion to Adopt Resolution 2023-049 calling the GO improvement Bonds, series
2017B early and moving funds from fund 110 debt service relief to the early call; seconded by
Loso and passed unanimously.
2024 Preliminary Budget: Bartlett presented the 2024 preliminary budget. State law requires the
preliminary budget to be adopted by September 30th. The Truth in Taxation will be held on December 4th,
2023, at 6:00PM in the St. Joseph council chambers.
Schultz made a motion to approve Resolution 2023-052 Adopting the Preliminary 2024
Governmental Budget and Proposed 2023 Tax Levy, Collectible 2024 and setting the truth in
taxation hearing for December 4th, 2023, at 6PM in the St. Joseph Government Center; seconded
by Loso.
Aye: Scepaniak, Schultz, Kluesner Motion Prevails 3:1
Nay: Loso
Classification and Compensation Study: City Administrator David Murphy gave an overview of the
Classification and Compensation Study done by David Drown & Associates. Data was gathered from 28
comparable cities including cities St. Joseph competes with for talent. The proposed classification system
and compensation scale will result in an overall approximate increase of $120,000 in 2024 above the
2023 compensation costs. The recommendations provided by the study have been included in the 2024
preliminary budget.
Loso made a motion to Accept the Classification and Compensation Study completed by David
Drown Associates; seconded by Kluesner and passed unanimously.
Department Reports: Murphy reminded Staff and Council of the strategic planning visioning meeting
scheduled for September 26th at 4PM.
Mayor and Council Reports and Miscellaneous Business: Shultz shared he received a notice that the
Great River Childrens Museum located in downtown St. Cloud is holding an Open House on Saturday,
October 7th from 10AM – 2PM.
Schultz explained he, Murphy, Senator Eric Putnam, and CSB met with Metro Bus regarding a bus route
to St. Joseph. Metro Bus asked the City to commit to a route before being able to provide the cost.
Schultz explained without knowing the cost upfront; the City is unable to commit to a route. Schultz asked
Metro Bus to generate a route, provide the cost; and discuss further.
Adjourn: Kluesner made a motion to adjourn at 7:23PM; seconded by Loso and passed
unanimously.
Kayla Klein
City Clerk
STAFF MEMO
Prepared by:
Debbie Kulzer
Meeting Date:
10/2/23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4b
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 19 $62,259.62
Payroll & Accounts Payable EFT #3145 - #3156 $86,987.86
Check Numbers #61009 - #61048 $61,874.21
__________________________________________________
Total $211,121.69
Bills Payable – Checks Awaiting Council Approval
Check Numbers #- #61049 - #61058 $239,512.72
Total $239,512.72
Total Budget/Fiscal Impact: $450,634.41 Various Funds
STAFF RECOMMENDED ACTION
Approve the bills payables as presented.
SUPPORTING DATA/ATTACHMENTS
Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval.
GL Check Check Vendor Invoice Invoice Check
Period Issue Date Number Number Payee Number GL Account Amount
23-Sep 9/20/2023 ACH PAYROLL REG PP 19 VARIOUS 62,259.62$
23-Sep 9/22/2023 3145 106468 AMERICAN FUNDS PR0915231 101-21705 150.00$
23-Sep 9/22/2023 3146 107770 CIRCLE K FLEET - HOLIDAY JULY 23 STMT 101-42152-230 91.90$
23-Sep 9/22/2023 3147 106514 DELTA DENTAL RIS0005144772 101-21706 2,677.01$
23-Sep 9/22/2023 3148 1224 EFTPS PR0915231 101-21703 17,831.09$
23-Sep 9/22/2023 3149 106422 KWIK TRIP AUGUST 23 STMT 101-42152-230 2,708.92$
23-Sep 9/22/2023 3149 106422 KWIK TRIP AUGUST 23 STMT - PW & FIRE 602-49450-205 1,745.53$
23-Sep 9/22/2023 3150 107068 MEDICA 6.92741E+11 101-21706 33,443.10$
23-Sep 9/22/2023 3151 897 MN DEPARTMENT OF REVENUE AUGUST 2023 SALES/USE TAX 603-00000-31320 179.00$
23-Sep 9/22/2023 3151 897 MN DEPARTMENT OF REVENUE PR0915231 101-21702 3,879.18$
23-Sep 9/22/2023 3152 1349 NCPERS GROUP LIFE INSURANCE 7.35E+11 101-21711 57.00$
23-Sep 9/22/2023 3153 63 PERA PR0915231 101-21704 19,280.40$
23-Sep 9/22/2023 3154 105209 SENTRY BANK PR0915231 101-21715 2,188.58$
23-Sep 9/22/2023 3155 106543 THE HARTFORD 3.95921E+11 101-21711 206.15$
23-Sep 9/22/2023 3156 106189 VOYA FINANCIAL PR0915231 101-21705 2,550.00$
23-Sep 9/13/2023 61009 105683 JOVANOVICH, DEGE & ATHMANN 26915 308-43120-530 1,710.00$
23-Sep 9/13/2023 61010 105417 MIDCONTINENT COMMUNICATIONS 1.64557E+13 602-49480-321 2,664.97$
23-Sep 9/13/2023 61011 108254 MIGHTY AUTO PARTS IV101323 101-42152-230 200.00$
23-Sep 9/13/2023 61012 108072 MOMENTUM TRUCK GROUP CREDIT X194163073:01 101-43125-205 (43.34)$
23-Sep 9/13/2023 61012 108072 MOMENTUM TRUCK GROUP CREDIT X194163073:02 101-43125-230 (47.90)$
23-Sep 9/13/2023 61012 108072 MOMENTUM TRUCK GROUP CREDIT X194163073:03 101-43125-230 (93.65)$
23-Sep 9/13/2023 61012 108072 MOMENTUM TRUCK GROUP X194165542:01 101-43125-230 926.51$
23-Sep 9/13/2023 61012 108072 MOMENTUM TRUCK GROUP X194165790:01 101-43125-230 85.70$
23-Sep 9/13/2023 61013 1616 MVTL LABORATORIES, INC 1214464 602-49480-312 149.60$
23-Sep 9/13/2023 61014 107354 NORTH CENTRAL INTERNATIONAL X220075101:01 101-43125-230 66.24$
23-Sep 9/13/2023 61015 104602 NORTH STAR SIGNS & ENGRAVING 26103 418-43125-580 174.00$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308403 101-43120-230 39.77$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308404 101-43120-230 (23.94)$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308415 602-49450-230 13.19$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308416 601-49440-230 7.64$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308481 602-49450-230 26.20$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308538 602-49450-230 118.30$
23-Sep 9/13/2023 61016 106764 O REILLY AUTO PARTS 5771-308578 602-49450-230 (10.37)$
23-Sep 9/13/2023 61018 103544 PROMOTIONAL RESOURCES INC 31317 210-42220-171 327.25$
23-Sep 9/13/2023 61019 13 REPUBLIC SERVICES 0891-001298856 603-43230-384 28,627.01$
23-Sep 9/13/2023 61020 105615 SHIFT TECHNOLOGIES, INC.61904 101-41710-310 241.50$
23-Sep 9/13/2023 61020 105615 SHIFT TECHNOLOGIES, INC.61955 101-41710-310 312.50$
23-Sep 9/13/2023 61021 105615 SHIFT TECHNOLOGIES, INC.61981 101-41710-310 108.00$
23-Sep 9/13/2023 61022 108252 ST. CLOUD AREA SCHOOL DIST 742 2324-1254: Dodgeball 101-45204-308 72.00$
23-Sep 9/13/2023 61022 108252 ST. CLOUD AREA SCHOOL DIST 742 REFUND SEPT 2023 101-42120-33500 5,000.00$
23-Sep 9/13/2023 61023 571 STEARNS COUNTY RECORDER 2.023E+11 101-41910-431 46.00$
23-Sep 9/13/2023 61024 11 STEARNS ELECTRIC ASSOCIATION AUG 23 STMT 652-43160-386 2,920.91$
23-Sep 9/13/2023 61025 502 TORBORG, RANDY 09.05.23 601-49440-446 23.00$
23-Sep 9/21/2023 61026 107146 AED SMART MONITORING 1159 101-43201-300 3,375.00$
23-Sep 9/21/2023 61027 108228 ALL PRO POWDER COATING, INC.47829 601-49420-220 160.00$
23-Sep 9/21/2023 61028 106404 AMERICAN DOOR WORKS 00-015452 101-43201-220 130.00$
23-Sep 9/21/2023 61029 38 AUTO VALUE PARTS STORES - WEST 8005759 101-43125-230 15.98$
23-Sep 9/21/2023 61030 106 CENTRAL MCGOWAN, INC 752789 210-42270-210 30.26$
23-Sep 9/21/2023 61030 106 CENTRAL MCGOWAN, INC 0000752789.A 101-42120-210 30.25$
23-Sep 9/21/2023 61031 108079 CHAMBERLINE OIL CO.445646-00 101-43120-230 (60.00)$
23-Sep 9/21/2023 61031 108079 CHAMBERLINE OIL CO.445907-00 101-42152-230 415.53$
23-Sep 9/21/2023 61032 108208 Coil's Flags, Flagpoles, & Embroidery 7280 101-45202-210 260.00$
23-Sep 9/21/2023 61033 104893 COLD SPRING CO-OP Aug 23 STMT 101-45202-220 174.00$
23-Sep 9/21/2023 61034 378 EMERGENCY APPARATUS MAINT. INC 127724 210-42260-230 460.62$
23-Sep 9/21/2023 61034 378 EMERGENCY APPARATUS MAINT. INC 127768 210-42260-230 128.67$
23-Sep 9/21/2023 61034 378 EMERGENCY APPARATUS MAINT. INC 127769 210-42260-230 388.28$
23-Sep 9/21/2023 61034 378 EMERGENCY APPARATUS MAINT. INC 127772 210-42260-230 2,498.92$
23-Sep 9/21/2023 61035 529 GOODIN COMPANY 5365083-00 210-42220-585 1,333.00$
23-Sep 9/21/2023 61035 529 GOODIN COMPANY 5371726-00 210-42280-220 9.29$
23-Sep 9/21/2023 61036 95 GOPHER STATE ONE CALL 3050765 601-49440-319 129.60$
23-Sep 9/21/2023 61036 95 GOPHER STATE ONE CALL 3080766 601-49440-319 167.40$
23-Sep 9/21/2023 61037 1535 GRAINGER 9809539225 601-49420-220 1.92$
61038
23-Sep 9/21/2023 61038 108255 KOTSMITH, THERESA 09.13.23 101-45204-34408 10.00$
23-Sep 9/21/2023 61039 1 LEES ACE HARDWARE Aug 23 STMT - Fire 210-42220-585 25.16$
23-Sep 9/21/2023 61039 1 LEES ACE HARDWARE Aug 23 STMT - PW 101-43201-210 82.02$
23-Sep 9/21/2023 61040 107580 QUADIENT POSTAGE FUNDING 7/12/2023 101-41430-201 500.00$
23-Sep 9/21/2023 61040 107580 QUADIENT POSTAGE FUNDING JUNE 23 STMT 101-41430-201 500.00$
23-Sep 9/21/2023 61040 107580 QUADIENT POSTAGE FUNDING May 23 STMT 101-41430-201 (1,003.00)$
23-Sep 9/21/2023 61040 107580 QUADIENT POSTAGE FUNDING Sept 23 STMT 603-43230-201 656.60$
23-Sep 9/21/2023 61041 105602 ROSENBAUER MINNESOTA, LLC 58044 210-42220-585 2,601.00$
23-Sep 9/21/2023 61042 1152 SUNSET MFG CO., INC.29298 101-43201-210 73.14$
23-Sep 9/21/2023 61043 108169 SYLVA CORPORATION INC 79965 101-45202-220 191.40$
23-Sep 9/21/2023 61043 108169 SYLVA CORPORATION INC 79966 101-45202-220 191.40$
23-Sep 9/21/2023 61043 108169 SYLVA CORPORATION INC 79967 101-45202-220 191.40$
23-Sep 9/21/2023 61044 110 TIREMAXX SERVICE CENTERS 422334 101-42152-230 158.80$
23-Sep 9/21/2023 61044 110 TIREMAXX SERVICE CENTERS 422433 602-49450-230 2,292.00$
23-Sep 9/21/2023 61045 307 TRAUT COMPANIES 362245 601-49420-312 315.00$
23-Sep 9/21/2023 61046 107824 VAN METER INC S012897273.001 602-49450-220 139.00$
23-Sep 9/21/2023 61046 107824 VAN METER INC S012897273.002 602-49450-210 81.66$
23-Sep 9/21/2023 61047 107953 WEISMAN CLEANING INC 6634 101-41942-300 1,135.00$
23-Sep 9/21/2023 61048 108256 WITMER PUBLIC SAFETY GROUP INV313314 210-42220-580 443.82$
23-Sep 9/27/2023 61049 106455 EVOQUA WATER TECHNOLOGIES, LLC 906087385 602-49480-210 13,713.14$
23-Sep 9/27/2023 61050 108257 GRANITE CITY TIRE & AUTO 265206 101-42152-230 564.00$
23-Sep 9/27/2023 61051 36 HAWKINS, INC 6577665 601-49420-210 1,102.93$
23-Sep 9/27/2023 61051 36 HAWKINS, INC 6580836 601-49421-210 3,659.97$
23-Sep 9/27/2023 61052 108072 MOMENTUM TRUCK GROUP X194167077:01 101-43125-230 75.56$
23-Sep 9/27/2023 61053 102717 NORTHLAND SECURITIES, INC 7753 305-47100-620 500.00$
23-Sep 9/27/2023 61054 103040 NORTHLAND TRUST SERVICES INC STJO17B early payoff 305-47100-620 172,077.50$
23-Sep 9/27/2023 61055 105778 QUADIENT LEASING N10121183 101-41430-410 190.65$
23-Sep 9/27/2023 61056 357 RENGEL PRINTING, INC 165397 101-41430-200 598.90$
23-Sep 9/27/2023 61057 107544 S&P GLOBAL RATINGS 11461317 318-47100-621 14,000.00$
23-Sep 9/27/2023 61058 48 SEH, INC 452773 417-43120-530 4,990.00$
23-Sep 9/27/2023 61058 48 SEH, INC 452775 417-43120-530 14,959.60$
23-Sep 9/27/2023 61058 48 SEH, INC 452787 101-43131-303 11,268.97$
23-Sep 9/27/2023 61058 48 SEH, INC 453126 601-49434-303 1,811.50$
Payroll
$62,259.62
Accounts Payable & Payroll EFT
$86,987.86
Check #'s
$61,874.21
Council Approval Checks
$239,512.72
STAFF MEMO
Prepared by:
Lori Bartlett, Finance Director
Meeting Date:
10-2-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4c
Reviewed by:
Item:
Call for Public Hearing – Delinquent Accounts to be Assessed
ACTION REQUESTED
Call for public hearing on October 16, 2023 shortly after 6:00pm to consider certification of delinquent
account balances.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
None
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
Annually city staff reviews delinquent account balances for consideration to assess to property taxes.
There is a 14-day public hearing notification requirement. The hearing should be held before
November 15th so collections can be added for the following year by Stearns County.
The action for the meeting is to call for the public hearing on October 16, 2023 where the proposed
assessments may be adopted.
BUDGET IMPACT
Up to $2,593.56
STAFF RECOMMENDED ACTION
Set the Public Hearing date for October 16, 2023.
SUPPORTING DATA/ATTACHMENTS
None
STAFF MEMO
Prepared by:
Lori Bartlett
Meeting Date:
10-2-23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4d
Reviewed by:
Item:
Performance Measures Survey Questions
ACTION REQUESTED
Approve conducting a survey of the City’s performance benchmarks with the assistance of LMC
establishing the questions discussed.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
Council adopted resolution 2011-014 declaring 10 performance measurements as developed by the
State’s Council on Local Results and Innovation. The Council accepted the survey results from 2011-2023.
REFERENCE AND BACKGROUND
The 2010 State Legislature passed Statute §6.91 allowing cities to participate in a standard measures
program to provide communication to its citizens on annual basis. The Legislature directed the State
Auditor to establish a committee to identify ten (10) standard measurements as the minimum
measurements each city should adopt. A copy of the committee’s report can be found on the State
Auditor’s website.
The City declared the minimum ten (10) performance benchmarks in 2011. The City conducted a survey
in March 2023 for reporting year 2023. Staff suggests the next survey to post in the fall timeframe to get
feedback at a different time of the year. The November 2023 survey will be for reporting year 2024. The
City must conduct a survey and report results of the 10 performance measures before July 1, 2024 to
receive the performance aid in 2024.
The League of MN Cities will again conduct the survey on behalf of the City at no charge to the City. The
10 basic questions will be asked and the City may opts for 1-3 additional questions. Staff is
recommending adding a survey question for the East Park naming. The survey will go live from November
3-22. The survey link will be added to the November newsletter, website and social media sites.
Participants must live in the City of St. Joseph and can only respond one time to the survey. The results
are presented in a report to council for acceptance consideration. Once accepted, the document is sent to
the MN Office of the State Auditor. This year’s survey will be presented to council in December.
BUDGET IMPACT
$0.14 per capita reimbursement, no payable 2024 levy limits. The estimated Performance
Measures Aid is $1,000. The aid is received in Dec. Staff time is minimal to put the responses in
a report format, State submission and prepare council agendas. Since the time is minimal, the
benefit of the aid far exceeds the cost to conduct the survey.
STAFF RECOMMENDED ACTION
Approve the benchmark performance measures survey questions for a survey in November.
SUPPORTING DATA/ATTACHMENTS
Resolution 2011-014 Declaring St. Joseph’s Performance Measures
Recommended Survey Questions
City of St. Joseph
Performance Measures
Recommended Survey Questions
November 2023
The City will ask the following questions on the Program 2024 survey:
1. Indicate the number of years you have lived in this city: _______years.
2. Please enter your email address. If you do not have an email simply type “no email”.
3. How would you rate the overall appearance of the city?
4. How would you describe your overall feeling of safety in the city?
5. How would you rate the overall quality of fire protection services in the city?
6. How would you rate the overall condition of city streets?
7. How would you rate the overall quality of snowplowing on city streets?
8. How would you rate the dependability and overall quality of city sanitary sewer services?
9. How would you rate the dependability and overall quality of the city water supply?
10. How would you rate the overall quality of city recreational programs and facilities?
11. How would you rate the overall quality of services provided by the city?
12. How would you rate the fiscal management and health of the city?
13. The City needs your help selecting a new name for East Park. East Park is located on the south
side of town by the Sauk River. Select from the options below.
a. Prairie Park
b. Stargazer Prairie Park
c. Prairie Colt Park
d. Rivers Bend Park
e. Other
14. Comments box.
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
10/2/23
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4e
Reviewed by:
City Administrator
Item:
Application for Temporary On-Sale Liquor License
ACTION REQUESTED
Motion to approve the consent agenda will automatically approve this item. If pulled, then the
following motion is requested.
Motion to approve the Temporary On-Sale Liquor License to Obbink Distilling to serve liquor at
White Peony Boutique, 25 1st Ave NW, on November 4, 2023.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND Applications for Temporary On-Sale Liquor Licenses must be
reviewed and considered for approval by the City Council. This license would be issued to Obbink
Distilling to serve alcoholic beverages at White Peony Boutique for an event on November 4, 2023.
The event doesn’t trigger an application for a special event permit.
BUDGET IMPACT N/A
STAFF RECOMMENDED ACTION
Motion to approve the consent agenda will automatically approve this item. If pulled, then the
following motion is requested.
Motion to approve the Temporary On-Sale Liquor License to Obbink Distilling to serve liquor at
White Peony Boutique, 25 1st Ave NW, on November 4, 2023.
SUPPORTING DATA/ATTACHMENTS
Application for Temporary On-Sale Liquor License
STAFF MEMO
Prepared by:
City Engineer
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
4f
Reviewed by: Item:
Payment Application No 2, 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. 2, for the 2023 Street Improvement
Project to Larson Excavating Contractors, Inc. in the amount of $512,156.86.
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. 2, for the 2023 Street Improvement Project to
Larson Excavating Contractors, Inc. in the amount of $512,156.86.
SUPPORTING DATA/ATTACHMENTS
Application for Payment No. 2
Meeting Date:
10/2/23
09/27/2023
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
2 2023-09-19 $539,112.49 $26,955.63 $512,156.86
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 $592,600.94 $29,630.05 $50,814.03 $512,156.86 $562,970.89
Accounting
Number
Funding Source Amount Paid this
Request
Revised Contract
Amount
Funds
Encumbered to
Date
Paid Contractor to
Date
City of St. Joseph Local $512,156.86 $892,290.56 $892,290.56 $562,970.89
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 0.2 $3,061.58 0.95 $14,542.51
Base Bid 2 2 TRAFFIC CONTROL LUMP
SUM
$4,896.00 1 0.2 $979.20 0.95 $4,651.20
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 675 $6,750.00 1302 $13,020.00
Base Bid 5 5 REMOVE CONCRETE
WALK
SQ YD $25.00 51 52 $1,300.00 65 $1,625.00
Base Bid 6 6 REMOVE CONCRETE
DRIVEWAY PAVEMENT
SQ YD $25.00 166 49 $1,225.00 82 $2,050.00
Base Bid 7 7 SAWING BITUMINOUS
PAVEMENT (FULL
DEPTH)
LIN FT $3.00 1089 159 $477.00 1036 $3,108.00
Base Bid 8 8 STABILIZED
CONSTRUCTION EXIT
EACH $500.00 11 0 $0.00 1 $500.00
Base Bid 9 9 REMOVE PIPE SEWER
(STORM)
LIN FT $5.00 527 6 $30.00 526 $2,630.00
Base Bid 10 10 REMOVE DRAINAGE
STRUCTURE
EACH $100.00 8 0 $0.00 7 $700.00
Base Bid 11 11 COMMON EXCAVATION
(P)
CU YD $15.00 850 244 $3,660.00 494 $7,410.00
Base Bid 12 12 MILL BITUMINOUS
SURFACE
SQ YD $2.14 3726 3726 $7,973.64 3726 $7,973.64
Base Bid 13 13 SELECT GRANULAR
EMBANKMENT-SUPER
SAND (CV)
CU YD $25.00 1043 1117.02 $27,925.50 1189.02 $29,725.50
Base Bid 14 14 SELECT GRANULAR
BORROW (CV)
CU YD $15.00 477 178 $2,670.00 178 $2,670.00
Base Bid 15 15 SUBGRADE
PREPARATION
ROAD
STA
$500.00 41 27 $13,500.00 27 $13,500.00
Base Bid 16 16 WATER MGAL $2.00 1202 0 $0.00 0 $0.00
Base Bid 17 17 REMOVE BITUMINOUS
PAVEMENT
SQ YD $3.06 12092 9217 $28,204.02 11249 $34,421.94
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 18 18 BITUMINOUS STREET
PATCH
SQ YD $49.78 122 137 $6,819.86 137 $6,819.86
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 $96.03 588 335.12 $32,181.57 335.12 $32,181.57
Base Bid 21 21 TYPE SP 9.5 WEARING
COURSE MIXTURE
(SPWEA230C)
TON $91.90 1457 677 $62,216.30 677 $62,216.30
Base Bid 22 22 TYPE SP 12.5 WEARING
COURSE MIXTURE
(SPWEB230C)
TON $93.59 823 684.71 $64,082.01 684.71 $64,082.01
Base Bid 23 23 BITUMINOUS MATERIAL
FOR TACK COAT
GAL $2.04 1384 581 $1,185.24 581 $1,185.24
Base Bid 24 24 AGGREGATE BASE
CLASS 5 (CV)
CU YD $35.00 480 402 $14,070.00 402 $14,070.00
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 $11.60 320 324 $3,758.40 324 $3,758.40
Base Bid 27 27 CONNECT TO EXISTING
SANITARY SEWER
EACH $2,571.51 1 1 $2,571.51 1 $2,571.51
Base Bid 28 28 CONNECT TO EXISTING
STORM SEWER
EACH $1,500.00 4 4 $6,000.00 4 $6,000.00
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 0 $0.00 27 $7,052.40
Base Bid 32 32 2" CURB STOP AND BOX EACH $1,786.68 1 0 $0.00 1 $1,786.68
Base Bid 33 33 8" PVC PIPE SEWER LIN FT $88.24 378 185 $16,324.40 185 $16,324.40
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 $81.29 196 195 $15,851.55 195 $15,851.55
Base Bid 38 38 15" RC PIPE SEWER LIN FT $87.63 238 238 $20,855.94 238 $20,855.94
Base Bid 39 39 27" RC PIPE SEWER LIN FT $132.28 75 81 $10,714.68 81 $10,714.68
Base Bid 40 40 30" RC PIPE SEWER LIN FT $145.45 41 41 $5,963.45 41 $5,963.45
Base Bid 41 41 DRAINAGE STRUCTURE
DES H
EACH $2,057.74 4 4 $8,230.96 4 $8,230.96
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 42 42 DRAINAGE STRUCTURE
DES 48-4020
EACH $4,649.72 6 3 $13,949.16 3 $13,949.16
Base Bid 43 43 DRAINAGE STRUCTURE
DES 60-4020
EACH $7,321.19 1 3 $21,963.57 3 $21,963.57
Base Bid 44 44 CASTING ASSEMBLY EACH $1,380.16 12 11 $15,181.76 11 $15,181.76
Base Bid 45 45 4" PERF PIPE DRAIN LIN FT $8.61 486 527 $4,537.47 527 $4,537.47
Base Bid 46 46 6" PERF PVC PIPE DRAIN LIN FT $20.58 736 596 $12,265.68 758 $15,599.64
Base Bid 47 47 6" PVC CLEANOUT EACH $543.56 7 5 $2,717.80 6 $3,261.36
Base Bid 48 48 4" THICK INSULATION SQ YD $61.02 40 3.6 $219.67 3.6 $219.67
Base Bid 49 49 4" CONCRETE WALK W/
SAND BEDDING
SQ FT $26.50 153 198 $5,247.00 198 $5,247.00
Base Bid 50 50 6" CONCRETE WALK SQ FT $26.50 306 264 $6,996.00 264 $6,996.00
Base Bid 51 51 CONCRETE DRIVEWAY
PAVEMENT
SQ YD $97.90 166 79 $7,734.10 79 $7,734.10
Base Bid 52 52 TRUNCATED DOMES SQ FT $78.52 42 48 $3,768.96 48 $3,768.96
Base Bid 53 53 CONCRETE CURB &
GUTTER, DESIGN B618
LIN FT $42.84 1568 1339 $57,362.76 1339 $57,362.76
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 19 $6,080.76 19 $6,080.76
Base Bid 56 56 F&I PAVING RING
(MANHOLE)
EACH $375.05 15 12 $4,500.60 12 $4,500.60
Base Bid 57 57 ADJUST FRAME & RING
CASTING
EACH $432.52 24 16 $6,920.32 16 $6,920.32
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 7 $1,085.07 7 $1,085.07
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
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
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 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
Total: $539,112.49 $592,600.94
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
10/2/2023
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
5
Reviewed by:
Item:
East Park Engineering Services
ACTION REQUESTED
A MOTION to authorize staff to prepare and submit an RFP for Engineering Services for East Park
Improvements.
REFERENCE AND BACKGROUND
The East Park Design services contract was discussed at the September 5th City Council Meeting.
Direction was given to put out an RFP for the engineering services for the remainder of the
project. Construction of the improvements to East Park is scheduled to begin in 2024. It
appears the engineering work that still needs to be completed consists of the following:
• Geotechnical investigation of the project.
• Wetland delineation and reporting of the boundaries adjacent to Phase 1 and Phase 2 of
the project.
• Topographical survey of the proposed trails and parking areas.
• Prepare construction drawings and project manual for the project.
• Prepare an engineer’s estimate for total project cost.
• Assist with all permitting requirements to applicable agencies.
• Prepare bidding documents for construction.
• Review and recommendation of construction bids.
• Provide oversight of construction of the improvements.
Timing is getting short to be ready for the 2024 construction season. Fortunately, this is not a
very large or complex project. If direction is given to go out for proposals, my goal would be to
get the RFP out within the next two weeks with a three week review/submittal timeline. That
should allow the Council to decide on a proposal at the November 20th City Council Meeting.
BUDGET IMPACT
Unknown at this time. These costs are eligible for LCCMR expenses. The project needs to be
completed by June 30th, 2025 to be eligible for reimbursement.
STAFF RECOMMENDED ACTION
A MOTION to direct staff to prepare and distribute an RFP for Engineering Services for the East
Park Project.
SUPPORTING DATA/ATTACHMENTS
Original East Park Schedule Timeline.
East Park Schedule
1. Preliminary Design and Survey 09/30/23
2. Final Design 11/30/23
3. SHPO Consultation 11/30/23
4. Permits Secured 02/28/24
5. Project bidding 03/31/24
6. Contractor selection 04/30/24
7. Construction start 06/30/24
8. Final construction 05/31/25
9. Completion 06/30/25
10. Park Opens 06/30/25
Budget
Source Amount Notes/Activity
DNR Grant $250,384 1st section of trails/ entire
floating dock and ramp and
1st section of parking area
DNR Grant Match (City funds) $250,384 ditto
LCCMR $149,600
+
$550,400
5200 feet of extended paved
trail and expanded parking
area
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
10/2/2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
6a
Reviewed by: Item:
Ordinance 2023-006 Xcel Energy Franchise Agreement - Gas
ACTION REQUESTED
Approval of Ordinance 2023-006 Xcel Energy Franchise Agreement
Approval of Resolution 2023-053 Summary Publication of Ordinance 2023-006.
REFERENCE AND BACKGROUND
City staff and the City Attorney were directed to negotiate a new franchise agreement with
Xcel Energy to replace the expiring agreement. The direction given was to include a provision/
option to allow the fee schedule to be amended during the duration of the agreement. This
ordinance allows for that. A separate Ordinance contains the fee schedule and is amendable.
BUDGET IMPACT
Contained in the Ordinance setting the fees.
STAFF RECOMMENDED ACTION
Approval of Ordinance 2023-006
Approval of Resolution 2023-053 Ordering Summary Publication of Ordinance 2023-006
SUPPORTING DATA/ATTACHMENTS
Ordinance 2023-006
Resolution 2023-053
GAS FRANCHISE ORDINANCE
ORDINANCE NO. 2023-006
CITY OF ST JOSEPH, STEARNS COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING,
OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ST JOSEPH,
MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR
THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS
INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH
THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY
FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF ST JOSEPH, STEARNS COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall
have the following meanings:
1.1 City. The City of St Joseph, County of Stearns, State of Minnesota.
1.2 City Utility System. Facilities used for providing non-energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but excluding
facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government, which preempts all, or part of the authority to
regulate Gas retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, its successors
and assigns.
1.5 Gas. “Gas” as used herein shall be held to include natural gas, manufactured gas, or
other form of gaseous energy.
1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by
Company for the purpose of providing gas service for public use.
1.7 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401
Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
Administrator, City of St. Joseph, 75 Callaway Street East, St. Joseph MN 56374. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other party.
1.8 Public Ground. Land owned by the City for park, open space or similar purpose, which
is held for use in common by the public.
1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date
passed and approved by the City, the non-exclusive right to transmit and furnish Gas energy for light,
heat, power and other purposes for public and private use within and through the limits of the City as its
boundaries now exist or as they may be extended in the future. For these purposes, Company may
construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Grounds
and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable
things necessary or customary to accomplish these purposes, subject, however, to such reasonable
regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this
franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect
from and after passage of this Ordinance, its acceptance by Company, and its publication as required by
law. The City by Council resolution may revoke this franchise agreement if Company does not file a
written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by Company
for Gas service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City
and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the default
and the desired remedy. The notification shall be written. Representatives of the parties must promptly
meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved
within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion.
The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the
parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator,
either party may commence an action in District Court to interpret and enforce this franchise or for such
other relief as may be permitted by law or equity for breach of contract, or either party may take any other
action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as
not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as
not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities may
be located on Public Grounds as determined by the City. Company's construction, reconstruction,
operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by
separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the
terms of this franchise agreement. Company may abandon underground gas facilities in place, provided,
at City’s request, Company will remove abandoned metal pipe interfering with a City improvement
project, but only to the extent such metal pipe is uncovered by excavation as part of the City’s
improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities
within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way
for any purpose without first having obtained a permit from the City, if required by a separate ordinance,
for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be
more burdensome than those imposed on other utilities for similar facilities or work. Company may,
however, open and disturb any Public Ground or Public Way without permission from the City where
an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify
the City by telephone to the office designated by the City as soon as practicable. Not later than the second
working day thereafter, Company shall obtain any required permits and pay any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or
Public Way, Company shall restore the same, including paving and its foundation, to as good a condition
as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The
work shall be completed as promptly as weather permits, and if Company shall not promptly perform
and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or
Public Way in the said condition, the City shall have, after demand to Company to cure and the passage
of a reasonable period of time following the demand, but not to exceed five days, the right to make the
restoration at the expense of Company. Company shall pay to the City the cost of such work done for
or performed by the City. This remedy shall be in addition to any other remedy available to the City for
noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a
construction performance bond, certificate of insurance, letter of credit or any other form of security
or assurance that may be required, under a separate existing or future ordinance of the City, of a person
or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way.
3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from
liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while
performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for
improvements to Public Grounds or Public Ways where the City has reason to believe that Gas Facilities
may affect or be affected by the improvement. The notice must contain: (i) the nature and character of
the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be
made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more
than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice
must be given to Company a sufficient length of time in advance of the actual commencement of the
work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities.
3.7 Mapping Information. The Company must promptly provide mapping information set
forth in Rule 7819.4100 subpart 2 for new extensions or replacements of Gas Facilities installed after the
effective date of this Franchise upon completion of work under a right of way permit.
SECTION 4. RELOCATIONS.
4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public
Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of any
Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order
Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to
accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company
shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of
plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public
Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years
of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall
reimburse Company for Non-Betterment Costs on a time and materials basis as negotiated in advance
with the City, provided that if a subsequent relocation is required because of the extension of a City
Utility System to a previously unserved area, Company may be required to make the subsequent
relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace
or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or
reconstruction is solely for the convenience of the City and is not reasonably necessary for the
construction or reconstruction of a Public Way or City Utility System or other City improvement.
4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company’s
expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas
Facilities have become or will become a substantial impairment to the existing or proposed public use of
the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or relocate
its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or
any other project which is financially subsidized in whole or in part by the Federal Government or
any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to
Company. The City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company in proportion to the percentage of federal funding to the total project costs
. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a
federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section
161.46, as supplemented or amended. It is understood that the rights herein granted to Company are
valuable rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in reliance
on a franchise from the City and shall not be construed to waive or modify any rights obtained by
Company for installations within a Company right-of-way acquired by easement or prescriptive right
before the applicable Public Ground or Public Way was established, or Company's rights under state or
county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including roots,
in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper
construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City
harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless
from any and all liability on account of injury to persons or damage to property occasioned by the
construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or
claims occasioned through its own negligence except for losses or claims arising out of or alleging the
City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City
shall not be indemnified if the injury or damage results from the performance in a proper manner of acts
reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by
City after notice of Company's determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances where
this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such
suit if written notice thereof is promptly given to Company within a period wherein Company is not
prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have
control of such litigation, but Company may not settle such litigation without the consent of the City,
which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any
defense or immunity otherwise available to the City and Company, in defending any action on behalf of
the City shall be entitled to assert in any action every defense or immunity that the City could assert in its
own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of a
Public Way. Except where required for a City improvement project, the vacation of any Public Way, after
the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain
such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting
from such relocation are first paid to Company. In no case, however, shall City be liable to Company for
failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this Ordinance.
Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the
rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit
or other fees being imposed on the Company, the City may impose on the Company a franchise fee by
collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer
in the designated Company Customer Class. The parties have agreed that the franchise fee collected by
the Company and paid to the City in accordance with this Section 9 shall not exceed the following
amounts:
Class Amount per month
Residential $2.00
Commercial Firm Non-Demand $10.00
Commercial Firm Demand $20.00
Small Interruptible $109.00
Medium and Large Interruptible $250.00
Firm Transportation $250.00
Interruptible Transportation $250.00
9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly
adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written
notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee
shall not become effective until the beginning of a Company billing month at least 90 days after written
notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5
shall constitute the sole remedy for solving disputes between Company and the City in regard to the
interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a
separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes
a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section
9.1 above shall not be effective against Company unless the fee imposed on each other customer
classification is reduced proportionately in the same or greater amount per class as the reduction
represented by the lesser fee on the residential class.
9.3 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on
the amount collected by Company during complete billing months during the period for which payment
is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer
classification in all customer billings for gas service in each class. The payment shall be due the last
business day of the month following the period for which the payment is made. The franchise fee may
be changed by ordinance from time to time; however, each change shall meet the same notice
requirements and not occur more often than annually and no change shall require a collection from any
customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and
manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee
shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise
fee from its customers in each applicable class of customers by imposing a surcharge in Company’s
applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject
to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings.
Company agrees to make its records available for inspection by the City at reasonable times provided that
the City and its designated representative agree in writing not to disclose any information which would
indicate the amount paid by any identifiable customer or customers or any other information regarding
identified customers.
9.4 Terms Defined.
9.4.1 “Customer Class” shall refer to classes listed in the Fee Schedule and as defined
or determined in Company’s gas rate book on file with the Commission.
9.4.2 “Fee Schedule” refers to the Schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate
ordinance were implemented immediately after the effective date of this franchise
agreement. The Fee Schedule in the separate ordinance may include new
Customer Classes added by the Company to its gas tariffs after the effective date
of this franchise agreement.
9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for
billing purposes under the rate schedules of Company on file with the
Commission.
9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or
tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any
other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise
fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by
comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar
customers the percentage of the annual bill represented by the amount collected for franchise fee
purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating,
cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose
of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate
ordinance collecting or failing to collect a fee from another energy supplier in contravention of this
Section 9.5, the foregoing conditions will be waived to the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part and if any section, provision, or part shall be held invalid,
it shall not affect any other section, provision, or part. Where a provision of any other City ordinance
conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between
the City and Company as the only parties and no provision of this franchise shall in any way inure to
the benefit of any third person (including the public at large) so as to constitute any such person as a
third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give
rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be amended
to address a subject of concern and the other party will consider whether it agrees that the amendment is
mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by
the City passing a subsequent ordinance declaring the provisions of the amendment, which
amendatory ordinance shall become effective upon the filing of Company’s written consent thereto
with the City Clerk within 90 days after the date of final passage by the City of the amendatory
ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous Gas franchise granted to Company or its predecessor.
Passed and approved: October 2, 2023.
______________________________________
Mayor
Attest:
________________________________
City Administrator
Date Published:____________________
RESOLUTION 2023-053
ADOPTION OF ORDINANCE 2023-006
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING,
OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ST JOSEPH,
MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR
THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS
INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH
THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY
FOR SUCH PURPOSES.
The City of St. Joseph has adopted an ordinance granting a gas service franchise to Northern
States Power Company, a Minnesota corporation, its successors and assigns, for providing gas
service within the City of St. Joseph. The ordinance (1) set definitions; (2) establishes a franchise
term of 20 years; (3) regulates the location of gas facilities; (4) addresses relocation costs; (5)
grants a right to trim trees; (6) establishes indemnification obligations; (7) establishes notice
requirements for vacating public ways; (8) addresses change in government; (9) sets forth the
process for implementing and changing franchise fees; (10) establishes rules for amending the
franchise; and (11) revokes prior franchises to the company.
This material is a summary of Ordinance 2023-006. The full text of the ordinance is available
for inspection by any person during regular office hours at the office of the St. Joseph City
Administrator.
This ordinance was adopted by the City Council of St. Joseph on the 2nd day of October, 2023,
and shall be effective upon publication.
CITY OF ST. JOSEPH
By___________________________
Rich Schultz, Mayor
By___________________________
David Murphy, Administrator
This summary publication was published on __________________, 2023
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
10/2/2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
6b
Reviewed by: Item:
Ordinance 2023-007 Xcel Energy Fee Agreement - Gas
ACTION REQUESTED
Approval of Ordinance 2023-007 Xcel Energy Fee Agreement
Approval of Resolution 2023-054 Summary Publication of Ordinance 2023-007
REFERENCE AND BACKGROUND
The fee schedule had not been increased since the last franchise agreement was adopted 20
years ago. Council was presented with an updated fee schedule that is reflective of the fees
in the surrounding cities. This fee schedule is consistent with the surrounding cities.
BUDGET IMPACT
The proposed fee schedule changes will result in an estimated increase in franchise fees of
$45,200.
STAFF RECOMMENDED ACTION
Approval of Ordinance 2023-007
Approval of Resolution 2023-054 Summary Publication of Ordinance 2023-007
SUPPORTING DATA/ATTACHMENTS
Ordinance 2023-007
Resolution 2023-054
1
ORDINANCE NO. 2023-007
AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN
STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND
ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF ST JOSEPH.
THE CITY COUNCIL OF THE CITY OF ST JOSEPH DOES ORDAIN:
SECTION 1. The City of St Joseph Municipal Code is hereby amended to include reference to the
following Special Ordinance.
Subd. 1. Purpose. The St Joseph City Council has determined that it is in the best interest of the
City to impose a franchise fee on those public utility companies that provide natural gas services within the
City of St Joseph.
(a) Pursuant to City Ordinance 2023-06, a Franchise Agreement between the City of St Joseph and
Northern States Power Company, a Minnesota corporation, its successors and assigns, the City
has the right to impose a franchise fee on Northern States Power Company, a Minnesota
corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of
the Northern States Power Company Franchise and in the fee schedule attached hereto as
Schedule A.
Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, its successors and assigns, under its gas franchise in
accordance with the schedule attached here to and made a part of this Ordinance, commencing with the
NSPM _____________________, 20____ billing month.
This fee is an account-based fee on each premise and not a meter-based fee. In the event that an
entity covered by this ordinance has more than one meter at a single premise, but only one account, only
one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates,
the Company may have an account for each rate classification, which will result in more than one franchise
fee assessment for gas service to that premise. If the Company combines the rate classifications into a
single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a
single rate classification for energy delivered to that premise. In the event any entities covered by this
ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In
the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing
for energy used at all similar premises in the city will control.
Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth in Section 9 of the Franchise.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may
allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of
the fee.
Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding
this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
2
Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its
publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted
Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided in above.
Passed and approved: _____________________, 20____.
__________________________________
Mayor
Attest:
_____________________________________
City Administrator
3
SCHEDULE A
Franchise Fee Rates:
Gas Utility
The franchise fee shall be in an amount determined by applying the following schedule per customer
premise/per month based on metered service to retail customers within the City:
Class Amount per month
Residential $2.00
Commercial Firm Non-Demand $10.00
Commercial Firm Demand $20.00
Small Interruptible $109.00
Medium and Large Interruptible $250.00
Firm Transportation $250.00
Interruptible Transportation $250.00
Franchise fees are submitted to the City on a quarterly basis as follows:
January – March collections due by April 30.
April – June collections due by July 31.
July – September collections due by October 31.
October – December collections due by January 31.
RESOLUTION 2023-054
ADOPTION OF ORDINANCE 2023-007
RELATING TO IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY
OF ST JOSEPH.
The City of St. Joseph has adopted an ordinance relating to implementing a gas service franchise
fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, for
providing gas service within the City of St. Joseph. The ordinance establishes franchise fees
based upon class of user for all NSP gas accounts within the City of St. Joseph and shall be
effective 90 days from notice to the company.
This material is a summary of Ordinance 2023-007. The full text of the ordinance is available
for inspection by any person during regular office hours at the office of the St. Joseph City
Administrator.
This ordinance was adopted by the City Council of St. Joseph on the 2nd day of October, 2023,
and shall be effective upon publication.
CITY OF ST. JOSEPH
By___________________________
Rich Schultz, Mayor
By___________________________
David Murphy, Administrator
This summary publication was published on __________________, 2023
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
10/2/2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
6c
Reviewed by: Item:
Ordinance 2023-008 Xcel Energy Franchise Agreement - Electric
ACTION REQUESTED
Approval of Ordinance 2023-008 Xcel Energy Franchise Agreement
Approval of Resolution 2023-055 Summary Publication of Ordinance 2023-008
REFERENCE AND BACKGROUND
City staff and the City Attorney were directed to negotiate a new franchise agreement with
Xcel Energy to replace the expiring agreement. The direction given was to include a provision/
option to allow the fee schedule to be amended during the duration of the agreement. This
ordinance allows for that. A separate Ordinance contains the fee schedule and is amendable.
BUDGET IMPACT
Contained in the Ordinance setting the fees.
STAFF RECOMMENDED ACTION
Approval of Ordinance 2023-008
Approval of Resolution 2023-055 Summary Publication of Ordinance 2023-008
SUPPORTING DATA/ATTACHMENTS
Ordinance 2023-008
Resolution 2023-055
1
ELECTRIC FRANCHISE ORDINANCE
ORDINANCE NO. 2023-008
CITY OF ST JOSEPH, STEARNS COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ST JOSPEPH,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION
LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE
CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS
AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF ST JOSEPH, STEARNS COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of St. Joseph, County of Stearns, State of Minnesota.
1.2 City Utility System. Facilities used for providing non-energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but excluding
facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the authority
to regulate electric retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, its successors
and assigns.
1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys,
anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the
purpose of providing electric energy for public use.
1.6 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401
Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
Administrator, City of St. Joseph, 75 Callaway Street East, St Joseph MN 56374. Either party may
change its respective address for the purpose of this Ordinance by written notice to the other party.
1.7 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
2
1.8 Public Way. Any street, alley, walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the non-exclusive right to transmit and furnish electric energy
for light, heat, power and other purposes for public and private use within and through the limits of
the City as its boundaries now exist or as they may be extended in the future. For these purposes,
Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across
the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company
may do all reasonable things necessary or customary to accomplish these purposes, subject, however,
to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication as
required by law. The City, by Council resolution, may revoke this franchise agreement if Company
does not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by Company
for electric service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties must
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not
resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate
further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator
is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the
selected mediator, either party may commence an action in District Court to interpret and enforce this
franchise or for such other relief as may be permitted by law or equity for breach of contract, or either
party may take any other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Electric Facilities shall be located, constructed and maintained
so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways
and so as not to disrupt normal operation of any City Utility System previously installed therein.
Electric Facilities shall be located on Public Grounds as determined by the City. Company's
construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be
subject to permits if required by separate ordinance and to other reasonable regulations of the City to
the extent not inconsistent with the terms of this franchise agreement. Company may abandon
underground Electric Facilities in place, provided at the City’s request, Company will remove
3
abandoned metal or concrete encased conduit interfering with a City improvement project, but only to
the extent such conduit is uncovered by excavation as part of the City improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Electric
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company
shall not be more burdensome than those imposed on other utilities for similar facilities or work.
Company may, however, open and disturb any Public Ground or Public Way without permission from
the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event
Company shall notify the City by telephone to the office designated by the City as soon as practicable.
Not later than the second working day thereafter, Company shall obtain any required permits and pay
any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Ground
or Public Way, Company shall restore the same, including paving and its foundation, to as good a
condition as formerly existed, and shall maintain any paved surface in good condition for one year
thereafter. The work shall be completed as promptly as weather permits, and if Company shall not
promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put
the Public Ground or Public Way in the said condition, the City shall have, after demand to Company
to cure and the passage of a reasonable period of time following the demand, but not to exceed five
days, the right to make the restoration at the expense of Company. Company shall pay to the City the
cost of such work done for or performed by the City. This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any
requirement for Company to post a construction performance bond, certificate of insurance, letter of
credit or any other form of security or assurance that may be required, under a separate existing or
future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace
or maintain facilities in a Public Way.
3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person
from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities
while performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for
improvements to Public Grounds or Public Ways where the City has reason to believe that Electric
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which
the work is to proceed. The notice must be given to Company a sufficient length of time in advance of
the actual commencement of the work to permit Company to make any necessary additions, alterations
or repairs to its Electric Facilities
3.7 Shared Use of Poles. Company shall make space available on its poles or towers for
City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company
whenever such use will not interfere with the use of such poles or towers by Company, by another
4
electric utility, by a telephone utility, or by any cable television company or other form of
communication company. In addition, the City shall pay for any added cost incurred by Company
because of such use by City.
SECTION 4. RELOCATIONS.
4.1 Relocation of Electric Facilities in Public Ways. If the City determines to vacate a
Public Way for a City improvement project, or at City’s cost to grade, regrade, or change the line
of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may
order Company to relocate its Electric Facilities located therein if relocation is reasonably
necessary to accomplish the City’s proposed public improvement. Except as provided in Section
4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give
Company reasonable notice of plans to vacate for a City improvement project, or to grade,
regrade, or change the line of any Public Way or to construct or reconstruct any City Utility
System. If a relocation is ordered within five years of a prior relocation of the same Electric
Facilities, which was made at Company expense, the City shall reimburse Company for Non-
Betterment Costs on a time and materials basis as negotiated in advance with the City, provided
that if a subsequent relocation is required because of the extension of a City Utility System to a
previously unserved area, Company may be required to make the subsequent relocation at its
expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct
at its own expense its Electric Facilities where such relocation, removal, replacement or
reconstruction is solely for the convenience of the City and is not reasonably necessary for the
construction or reconstruction of a Public Way or City Utility System or other City improvement.
4.2 Mapping Information. The Company must promptly provide mapping information set
forth in Rule 7819.4100 subpart 2 for new extensions or replacements of Electric Facilities installed
after the effective date of this Franchise upon completion of work under a right of way permit.
4.3 Relocation of Electric Facilities in Public Ground. City may require Company, at
Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by
City that the Electric Facilities have become or will become a substantial impairment to the existing or
proposed public use of the Public Ground.
4.4 Projects with Federal Funding. City shall not order Company to remove or relocate
its Electric Facilities when a Public Way is vacated, improved or realigned for a right-of-way project
or any other project which is financially subsidized in whole or in part by the Federal Government
or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to
Company. The City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company in proportion to the percentage of federal funding to the total project
costs . Relocation, removal or rearrangement of any Company Electric Facilities made necessary
because of a federally-aided highway project shall be governed by the provisions of Minnesota
Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein
granted to Company are valuable rights.
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4.5 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained
by Company for installations within a Company right-of-way acquired by easement or prescriptive
right before the applicable Public Ground or Public Way was established, or Company's rights under
state or county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the
proper construction, operation, repair and maintenance of Electric Facilities, provided that Company
shall save City harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property occasioned by
the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the
Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified
for losses or claims occasioned through its own negligence except for losses or claims arising out of or
alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or
work. The City shall not be indemnified if the injury or damage results from the performance in a
proper manner, of acts reasonably deemed hazardous by Company, and such performance is
nevertheless ordered or directed by City after notice of Company's determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City
in such suit if written notice thereof is promptly given to Company within a period wherein Company
is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will
thereafter have control of such litigation, but Company may not settle such litigation without the
consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third
parties, a waiver of any defense or immunity otherwise available to the City and Company, in
defending any action on behalf of the City shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of
a Public Way. Except where required for a City improvement project, the vacation of any Public Way,
after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate
and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and
expense resulting from such relocation are first paid to Company. In no case, however, shall City be
liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section
160.29.
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SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
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SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on the Company, the City may impose on the Company a
franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance
from each customer in the designated Company Customer Class. The parties have agreed that the
franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not
exceed the following amounts:
Class Fee Per Premise Per Month
Residential $ 2.00
Sm C & I – Non-Dem $ 6.75
Sm C & I – Demand $ 20.00
Large C & I $ 109.00
Public Street Ltg $ 0.00
Muni Pumping –N/D $ 0.00
Muni Pumping – Dem $ 0.00
9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly
adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written
notice enclosing such proposed ordinance has been served upon Company by certified mail. The
fee shall not become effective until the beginning of a Company billing month at least 90 days after
written notice enclosing such adopted ordinance has been served upon Company by certified mail.
Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in
regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to
implement a separate ordinance will commence until this Ordinance is effective. A separate
ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum
amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed
on each other customer classification is reduced proportionately in the same or greater amount per
class as the reduction represented by the lesser fee on the residential class.
9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply:
9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as
defined or determined in Company’s electric tariffs on file with the Commission.
9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate ordinance were
implemented immediately after the effective date of this franchise agreement. The Fee Schedule in
the separate ordinance may include new Customer Class added by Company to its electric tariffs
after the effective date of this franchise agreement.
9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based
on the amount collected by Company during complete billing months during the period for which
payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable
customer classification in all customer billings for electric service in each class. The payment shall be
8
due the last business day of the month following the period for which the payment is made. The
franchise fee may be changed by ordinance from time to time; however, each change shall meet the
same notice requirements and not occur more often than annually and no change shall require a
collection from any customer for electric service in excess of the amounts specifically permitted by this
Section 9. The time and manner of collecting the franchise fee is subject to the approval of the
Commission. No franchise fee shall be payable by Company if Company is legally unable to first
collect an amount equal to the franchise fee from its customers in each applicable class of customers by
imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the
fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles,
refunds and correction of erroneous billings. Company agrees to make its records available for
inspection by the City at reasonable times provided that the City and its designated representative agree
in writing not to disclose any information which would indicate the amount paid by any identifiable
customer or customers or any other information regarding identified customers.
9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee
or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by
any other energy supplier, provided that, as to such a supplier, the City has the authority to require a
franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to similar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any
energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not
apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically
consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from
another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to
the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision, or part. Where a provision of any other City
ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall
prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties, and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms hereof,
or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
9
amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company’s
written consent thereto with the City Clerk within 90 days after the date of final passage by the City
of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous electric franchise granted to Company or its
predecessor.
Passed and approved: _________________________, 20__.
______________________________________
Mayor
Attest:
________________________________
City Administrator
Date Published:____________________
RESOLUTION 2023-055
ADOPTION OF ORDINANCE 2023-008
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF ST JOSPEPH,
MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION
LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND
APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE
CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS
AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES.
The City of St. Joseph has adopted an ordinance granting an electric service franchise to
Northern States Power Company, a Minnesota corporation, its successors and assigns, for
providing electric service within the City of St. Joseph. The ordinance (1) set definitions; (2)
establishes a franchise term of 20 years; (3) regulates the location of electric facilities; (4)
addresses relocation costs; (5) grants a right to trim trees; (6) establishes indemnification
obligations; (7) establishes notice requirements for vacating public ways; (8) addresses change in
government; (9) sets forth the process for implementing and changing franchise fees; (10)
establishes rules for amending the franchise; and (11) revokes prior franchises to the company.
This material is a summary of Ordinance 2023-008. The full text of the ordinance is available
for inspection by any person during regular office hours at the office of the St. Joseph City
Administrator.
This ordinance was adopted by the City Council of St. Joseph on the 2nd day of October, 2023,
and shall be effective upon publication.
CITY OF ST. JOSEPH
By___________________________
Rich Schultz, Mayor
By___________________________
David Murphy, Administrator
This summary publication was published on __________________, 2023
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
10/2/2023
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
6d
Reviewed by: Item:
Ordinance 2023-009 Xcel Energy Fee Agreement - Electric
ACTION REQUESTED
Approval of Ordinance 2023-009 Xcel Energy Fee Agreement
Approval of Resolution 2023-056 Summary Publication of Ordinance 2023-009
REFERENCE AND BACKGROUND
The fee schedule had not been increased since the last franchise agreement was adopted 20
years ago. Council was presented with an updated fee schedule that is reflective of the fees
in the surrounding cities. This fee schedule is consistent with the surrounding cities.
BUDGET IMPACT
The proposed fee schedule changes will result in an estimated increase in franchise fees of
$13,500.
STAFF RECOMMENDED ACTION
Approval of Ordinance 2023-009
Approval of Resolution 2023-056 Summary Publication of Ordinance 2023-009
SUPPORTING DATA/ATTACHMENTS
Ordinance 2023-009
Resolution 2023-056
1
ORDINANCE NO. 2023-009
AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON
NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF ST JOSEPH
THE CITY COUNCIL OF THE CITY OF ST JOSEPH DOES ORDAIN:
SECTION 1. The City of St Joseph Municipal Code is hereby amended to include reference to the
following Special Ordinance.
Subd. 1. Purpose. The St Joseph City Council has determined that it is in the best interest of the
City to impose a franchise fee on those public utility companies that provide electric services within the City
of St Joseph.
(a) Pursuant to City Ordinance 2023-008, a Franchise Agreement between the City of St Joseph
and Northern States Power Company, a Minnesota corporation, its successors and assigns, the
City has the right to impose a franchise fee on Northern States Power Company, a Minnesota
corporation, its successors and assigns, in an amount and fee design as set forth in Section 9 of
the Northern States Power Company Franchise and in the fee schedule attached hereto as
Schedule A.
Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern
States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in
accordance with the schedule attached here to and made a part of this Ordinance, commencing with the
NSPM _____________________, 20__ billing month.
This fee is an account-based fee on each premise and not a meter-based fee. In the event that an
entity covered by this ordinance has more than one meter at a single premise, but only one account, only
one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates,
the Company may have an account for each rate classification, which will result in more than one franchise
fee assessment for electric service to that premise. If the Company combines the rate classifications into a
single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a
single rate classification for energy delivered to that premise. In the event any entities covered by this
ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In
the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing
for energy used at all similar premises in the city will control.
Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance
with the terms set forth in Section 9 of the Franchise.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may
allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of
the fee.
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Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding
this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement.
Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its
publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted
Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above.
Passed and approved: _____________________, 20__.
__________________________________
Mayor
Attest:
_____________________________________
City Administrator
SEAL
3
SCHEDULE A
Franchise Fee Rates:
Electric Utility
The franchise fee shall be in an amount determined by applying the following schedule per customer
premise/per month based on metered service to retail customers within the City:
Class Amount per month
Residential $2.00
Small C & I – Non-Demand $6.75
Small C & I – Demand $20.00
Large C & I $109.00
Public Street Lighting $0.00
Municipal Pumping – Non-Demand $0.00
Municipal Pumping – Demand $0.00
Franchise fees are submitted to the City on a quarterly basis as follows:
January – March collections due by April 30.
April – June collections due by July 31.
July – September collections due by October 31.
October – December collections due by January 31.
RESOLUTION 2023-056
ADOPTION OF ORDINANCE 2023-009
RELATING TO IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE
ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE
CITY OF ST JOSEPH
The City of St. Joseph has adopted an ordinance relating to implementing an electric service
franchise fee on Northern States Power Company, a Minnesota Corporation, for providing
electric service within the City of St. Joseph. The ordinance establishes franchise fees based
upon class of user for all NSP accounts within the City of St. Joseph and shall be effective 90
days from notice to the company.
This material is a summary of Ordinance 2023-009. The full text of the ordinance is available
for inspection by any person during regular office hours at the office of the St. Joseph City
Administrator.
This ordinance was adopted by the City Council of St. Joseph on the 2nd day of October, 2023,
and shall be effective upon publication.
CITY OF ST. JOSEPH
By___________________________
Rich Schultz, Mayor
By___________________________
David Murphy, City Administrator
This summary publication was published on __________________, 2023