HomeMy WebLinkAbout02.05.24
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
February 5, 2024
6:00 PM
**The City Council meeting will be conducted in-person in the council chambers of the St.
Joseph Government Center. Members of the public can attend in-person or via Zoom. **
Join Zoom Meeting
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1. 6:00 PM Call to order - Pledge of Allegiance
2. Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address the
council with questions/concerns/comments (regarding an item NOT on the agenda). No
Council response or action will be given/taken other than possible referral to Administration.
3. Approve Agenda
4. Consent Agenda
a. Minutes – Requested Action: Approve the minutes of January 16, 2024 and January 23,
2024.
b. Bills Payable – Requested Action: Approve Check Numbers 61456-61535, Payroll &
Account Payable EFT #3237-3253; Regular Pay Period 2.
c. Appointment of Election Judges for March 5th Presidential Nomination Primary –
Requested Action: Approve the election judges for March 5th as presented.
d. Police Department Policy Updates – Requested Action: Approval of the proposed
polices bringing the department to current MN POST Board requirements and
compliance.
e. Kayak/Canoe Rental Lease Agreement at Rivers Bend Park – Requested Action:
Approve the lease agreement between the City of St. Joseph and Brandon Feldhege to
conduct Kayak/Canoe rentals at Rivers Bend Park from May 24, 2024 – September 30,
2024.
f. Agreement for Geotechnical Services Proposal – Requested Action: Approve the
Proposal Agreement from Braun Intertec for geotechnical services for the 2024 Street
Improvement Project and Rivers Bend Park Improvement Project.
g. Agreement for Final Design Phase Engineering Services – Requested Action: Approve
the Supplemental Letter Agreement with SEH for the final design phase of the 2024
Street Improvement project.
h. Off-Premise Gambling Permit – Requested Action: Approve Resolution 2024-008
approving application to conduct off-site gambling for Waite Park Babe Ruth, Inc. at Sal’s
Bar & Grill, 109 MN St W.
5. Amendment to Resolution Ordering the Improvement and Preparation of Plans for the 2024
Street Improvement Project
6. Part-Time Recreation Coordinator Hire
7. Promotion of Utility Worker
8. Jason Wood, Kinetic
9. Engineer Reports
10. Mayor and Council Reports/Updates
11. Adjourn
January 16th, 2024
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 Tuesday, January 16th, 2024, at 6:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Bob Loso, Adam Scepaniak,
Kelly Beniek
City Representatives Present: Public Works Director Ryan Wensmann, City Engineers Randy Sabart and
Bryce Johnson, Police Chief Dwight Pfannenstein, City Clerk Kayla Klein, Finance Director Lori Bartlett
Public Comments: None.
Approve Agenda: Loso 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.
Beniek pulled item h. for discussion. The motion to approve consent agenda items a. – g. and i. –
j. passed unanimously.
Consent Agenda:
a. Minutes – Requested Action: Approve the minutes of January 2, 2024.
b. Bills Payable – Requested Action: Approve Check Numbers 61392-61455, Account Payable
EFT #3236; Regular Pay Period 1.
c. Donations – Requested Action: Approve Resolution 2024-001 Accepting Donations.
d. Financial Report – Requested Action: Approve the 2023 4th quarter and December 2023
financial reports as presented.
e. Vacation of Rear Easement Northland Business Center, Lot 15, Block 1 – Requested
Action: Approve Resolution 2024-003 Vacating Easement as legally described for Lot 15,
Block 1 of Northland Business Center.
f. River’s Bend Park Final Design Services – Requested Action: Approve SEH agreement to
begin final design services for Rivers Bend Park.
g. Vacation of Interior Easements, Northland Business Center, Lots 12,13,14, Block 1 –
Requested Action: Approve Resolution 2024-004 Vacating Interior easements as legally
described for lots 12,13,14, block 1 of Northland Business Center.
h. Rezone of property at 454 1st Ave NE – Requested Action: Approve Resolutions 2024-005,
2024-006 and Ordinance 2024-001 approving the rezoning request.
i. Central MN Violent Offender Task Force (CMVOTF) Joint Powers Agreement – Requested
Action: Approve the Joint Powers Agreement between the City of St. Joseph and the
CMVOTF.
j. Police Rifles Purchase – Requested Action: Approve the quote for 12 rifles from Tactical
Advantage.
Beniek asked Scepaniak who is the Planning Commission liaison if there will be adequate parking if the
requested actions are approved and if the properties surrounding 454 1st Ave NE need to be informed of
the rezone.
Scepaniak informed Beniek that the applicants will be building out this property in phases. Phase I of their
project will not require additional parking. Future phases will require the property owners to acquire
additional parking.
Schultz and Klein informed Beniek there was a public hearing held at the Planning Commission level and
those affected by the rezone have been informed.
Beniek made a motion to approve Rezone of property at 454 1st Ave NE – Requested Action:
Approve Resolutions 2024-005, 2024-006 and Ordinance 2024-001 approving the rezoning request;
seconded by Scepaniak and passed unanimously.
Public Improvement Hearing – 2024 Street Improvements: City Engineers Randy Sabart and Bryce
Johnson provided an overview of the 2024 Street Improvement Project. This hearing is on the merits of
January 16th, 2024
Page 2 of 3
the project and if approved, the second hearing will be the special assessment hearing. Johnson
presented the locations of the project, existing road conditions, proposed improvements to each area,
estimated cost of the project, how assessments are calculated and the schedule for the proposed
improvements.
Schultz opened the Public Hearing at 6:28PM.
Andrea Pflueger, 701 2nd Ave SW: Pflueger asked what the timeline of construction is on the overlay
project proposed on her street. She will be having sod put down in her yard early summer and hopes the
projects do not interfere with one another. Sabart informed Pflueger that street projects typically begin
after July 4th.
Dan Felix, 600 Hill Street W: Felix asked why the word “improvement” is used to describe the project
rather than “maintenance” and why tax dollars do not cover these costs. Sabart referred to the City’s
pavement maintenance plan, updated in 2019. This plan attempts to prioritize where the city is investing
in streets and extending the life of streets. Sabart explained tax dollars cover sealcoating and crack filling
of streets.
Janet Haviland, 29427 Kiwi Court: Haviland asked if there will be a curb added to her street as part of the
proposed project. Sabart shared adding a curb is not part of the proposed project on her street.
Mike Hanauska, 817 3rd Ave SW: Hanauska asked when the city started assessing property owners for
street improvements, if any of the council members have ever paid an assessment and if the city will seek
multiple bids for the project. Sabart shared that he believed the formal assessment process was put into
place about 2009. The city will put the project out for bids and typically receives more than one bid for
projects. If only 1 bid is received and it is cost effective the project may go on, if the 1 bid is not cost-
effective council may elect to hold off the project. Mayor Schultz and councilmembers Beniek and Loso
shared they have paid assessments.
Dan Rassier, owns a parcel of agricultural land on the north side of 295th Street: Rassier shared that the
proposed street improvement will not benefit his farmland and hopes council will take that into
consideration before accessing his property for the project.
Brian Johnson, 605 Hill St W: Johnson asked if the city takes into consideration the current state of each
road when proposing how in depth the roads reconstruction needs to be. Sabart informed him that the
city does take into consideration the age of the road, the soil under the road, traffic on the road as well as
other factors which assist in creating the repair/maintenance plan for each project.
Jacob Frame, 29436 Kale Court: Frame asked the council to consider not approving the proposed street
improvements on Kale Court and Kiwi Court due to the financial burden that will be imposed on the
families who live on those streets.
George Wallner 711 2nd Ave SW: Wallner asked how assessments are paid. Sabart and Bartlett shared
that many homeowners have them assessed to their property taxes and they are typically re-paid over a
ten-year period.
Council and staff discussed that public hearings are a time for them to consider the public’s thoughts and
opinions before being approved. Sabart shared the city’s policy used to balance the cost of assessments
between the city and the homeowner.
Schultz closed the Public Hearing at 6:59PM.
Loso made a motion to approve Resolution 2024-002 Ordering Improvements and Preparation of
Plans for 2024 Street Improvement Project; seconded by Kluesner and passed unanimously.
Engineer Reports: None.
January 16th, 2024
Page 3 of 3
Department Reports: Bartlett shared the preliminary audit dates are January 29th and 30th. Auditors will
return the week of March 25th for fieldwork. They may ask members of the council questions or request an
interview. Final financial statements are projected to be available at the May 20th council meeting.
Wensemann shared the recent cooler weather has been favorable for making ice. The ice rink will
officially open Friday, January 20th.
Mayor and Council Reports and Miscellaneous Business: Schultz shared the governor’s budget is
available and it appears there may be more money available for BDI, which the city will apply for. CGMC
Legislative Action Day is March 20th this year.
Beniek offered a reminder that Snowfest is coming up on January 27th.
Adjourn: Beniek made a motion to adjourn at 7:01PM; seconded by Scepaniak and passed
unanimously.
Kayla Klein
City Clerk
January 23, 2024
Page 1 of 1
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in a workshop
setting on Tuesday, January 23, 2024, at 5:30PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz; Councilmembers Kelly Beniek, Kevin Kluesner, Bob Loso
Absent: Councilmember Adam Scepaniak
City Representatives Present: Administrator David Murphy, Finance Director Lori Bartlett, Public Works
Director Ryan Wensmann, City Clerk Kayla Klein, Community Development Director Nate Keller, Police
Chief Dwight Pfannenstein, Recreation Director Rhonda Juell, City Engineer Randy Sabart
Half Cent Sales Tax Referendum: Murphy asked for direction on the upcoming referendum as a plan will
need to be developed on how to communicate information to residents. The city is unable to expend
funds on promotion of the referendum; however, the city can put out factual, non-persuasive information.
Additionally, a discrepancy was found in the language of the bill. The bill designates $6M towards Phases
II and III of Rivers Bend Park (formally East Park). The city’s resolution has the $6M for Regional Park
Facilities including Rivers Bend Park and Millstream Park. Bartlett has reached out to Taft Law, the
bonding attorney, for clarification on whether we can include Millstream Park being it wasn’t specifically
mentioned in the passed legislation.
Discussion was had on the number of questions that would be on the ballot. At least two questions due to
there being two separate projects. Staff will provide updates as the process continues.
2024 Street Improvements: As a result of the public hearing held on January 16th, staff wanted to discuss
the project locations to make sure everyone was on the same page. Discussion was had on the potential
development of Phase II of Northland Business Center and how/if it would impact utility connections for
properties in the Industrial Park East. With there being unknowns as to how many years it could take for
utilities to be extended to Industrial Park East, council was comfortable with moving forward on the Pearl
Drive improvements.
Council discussed each project location and the following was determined:
• Polar Circle: taken out of the 2024 project
• Leaf Road: taken out of 2024 project. Will likely be completed when the Minnesota Street/County
Road 2 round-a-bout is constructed in 2025
• All other project areas for the 2024 Street Improvements will remain and the 429 Special
Assessment process will continue.
Staff will bring forward an amending resolution which would reflect these changes.
Website and IT Services: Mayor Schultz brought up the website and its searchability. Improvements need
to be made and navigation needs to be streamlined.
City Clerk Kayla Klein noted that the website is currently undergoing a redesign that should be completed
in March. Some the design elements will streamline the site on its own; however, there is old data and
links that need to be remedied.
Schultz also addressed the need for the city to look into contracting for IT services and suggested
reaching out to the League of MN Cities (LMC) for guidance.
Schultz adjourned the meeting at 6:56 PM.
Kayla Klein
City Clerk
STAFF MEMO
Prepared by:
Debbie Kulzer
Meeting Date:
2/5/24
☒ 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 2 $134,677.17
Payroll & Accounts Payable EFT #3237 - #3253 $133,192.59
Check Numbers #61456 - #61459 $148,383.65
__________________________________________________
Total $416,253.41
Bills Payable – Checks Awaiting Council Approval
Check Numbers - #61522 - #61535 $97,495.49
Total $97,495.49
Total Budget/Fiscal Impact: $513,748.90 Various Funds
STAFF RECOMMENDED ACTION
Approve the bills payables as presented.
SUPPORTING DATA/ATTACHMENTS
Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval.
GL Check Check Vendor Invoice Invoice Check
Period Issue Date Number Number Payee Number GL Account Amount
24-Jan 1/24/2024 ACH PAYROLL REG PP 2 VARIOUS 134,677.17$
24-Jan 1/17/2024 3237 107770 CIRCLE K FLEET - HOLIDAY 93795182 602-49450-205 1,111.96$
24-Jan 1/17/2024 3238 106514 DELTA DENTAL RIS0005390712 101-21706 2,643.06$
24-Jan 1/17/2024 3239 108269 FORTE PAYMENTS, INC.0011516668 & 0011516667 101-45204-300 5.12$
24-Jan 1/17/2024 3240 106422 KWIK TRIP DEC 23 STMT - PD 101-42152-230 1,830.57$
24-Jan 1/17/2024 3240 106422 KWIK TRIP DEC 23 STMT - PW & FIRE 602-49450-205 539.89$
24-Jan 1/17/2024 3241 107068 MEDICA JANUARY 2024 STMT 101-21706 38,135.78$
24-Jan 1/17/2024 3242 73 MINNESOTA DEPART LABOR & IND 2023 - 4TH QTR SURCHARGE 101-42401-438 478.00$
24-Jan 1/17/2024 3243 1349 NCPERS GROUP LIFE INSURANCE 7.35E+11 101-21711 57.00$
24-Jan 1/17/2024 3244 106563 PAYMENT SERVICE NETWORK 288219 & 288200 101-41530-300 376.90$
24-Jan 1/17/2024 3245 106705 SPEEDWAY DEC 23 STMT 602-49450-205 656.76$
24-Jan 1/17/2024 3246 106543 THE HARTFORD 3.95922E+11 101-21711 206.15$
24-Jan 1/10/2024 3247 106468 AMERICAN FUNDS PR0105241 101-21705 150.00$
24-Jan 1/10/2024 3248 1224 EFTPS PR0105241 101-21703 20,218.54$
24-Jan 1/10/2024 3249 897 MN DEPARTMENT OF REVENUE PR0105241 101-21702 4,438.35$
24-Jan 1/10/2024 3250 63 PERA PR0105241 101-21704 20,635.82$
24-Jan 1/10/2024 3251 106189 VOYA FINANCIAL PR0105241 101-21705 5,623.59$
24-Jan 1/10/2024 3252 105209 SENTRY BANK PR0105241 101-21715 24,843.05$
24-Jan 1/10/2024 3253 108126 WEX PR0105241 101-21715 11,242.05$
24-Jan 1/12/2024 61456 105954 MSFDA MEMBER BENEFITS 6 Issues for 2024 210-42240-433 7.00$
24-Jan 1/12/2024 61457 103544 PROMOTIONAL RESOURCES INC 33315 210-42220-580 90.00$
24-Jan 1/12/2024 61458 879 ST. JOSEPH CHAMBER OF COMMER 112923 101-41110-433 150.00$
24-Jan 1/12/2024 61459 690 VERIZON WIRELESS 9952496001 210-42250-321 2,017.96$
24-Jan 1/18/2024 61460 102106 ALL CARE TOWING, INC.24-24348 101-42120-300 220.00$
24-Jan 1/18/2024 61461 106063 APPLIED CONCEPTS, INC.430831 104-42120-580 13,045.00$
24-Jan 1/18/2024 61462 84 CENTRACARE Visit # 721598711 601-49440-300 25.00$
24-Jan 1/18/2024 61463 106 CENTRAL MCGOWAN, INC 0000797410 - Fire 210-42270-210 40.69$
24-Jan 1/18/2024 61463 106 CENTRAL MCGOWAN, INC 0000797410 - PD 101-42120-210 40.70$
24-Jan 1/18/2024 61464 108283 CENTRAL MINNESOTA MUTUAL AID 2024 DUES 210-42240-433 50.00$
24-Jan 1/18/2024 61465 102063 CITY OF SARTELL 167 101-42140-300 4,237.69$
24-Jan 1/18/2024 61466 107996 CIVIC SYSTEMS, LLC CVC24239 652-43160-310 6,648.00$
24-Jan 1/18/2024 61467 378 EMERGENCY APPARATUS MAINT. I 130404 210-42260-230 2,274.74$
24-Jan 1/18/2024 61467 378 EMERGENCY APPARATUS MAINT. I 130405 210-42260-230 2,371.43$
24-Jan 1/18/2024 61467 378 EMERGENCY APPARATUS MAINT. I 130406 210-42260-230 225.51$
24-Jan 1/18/2024 61467 378 EMERGENCY APPARATUS MAINT. I 130407 210-42260-230 257.45$
24-Jan 1/18/2024 61467 378 EMERGENCY APPARATUS MAINT. I 130583 210-42260-230 457.32$
24-Jan 1/18/2024 61467 378 EMERGENCY APPARATUS MAINT. I 130584 210-42260-230 477.12$
24-Jan 1/18/2024 61468 106971 EO JOHNSON BUSINESS TECH INV1463746 101-41710-310 401.00$
24-Jan 1/18/2024 61469 108284 FES, INC 21040 210-42220-210 429.95$
24-Jan 1/18/2024 61470 104933 FLAHERTY & HOOD, P.A.20542 110-41430-300 10,000.00$
24-Jan 1/18/2024 61471 558 FRONTLINE PLUS INC 14061 101-42500-300 1,270.00$
24-Jan 1/18/2024 61472 592 GALLS, INC 26468394 210-42220-580 181.17$
24-Jan 1/18/2024 61472 592 GALLS, INC 26491013 210-42220-580 15.00$
24-Jan 1/18/2024 61472 592 GALLS, INC 26511658 210-42270-580 148.74$
24-Jan 1/18/2024 61472 592 GALLS, INC 26511678 101-42120-171 32.99$
24-Jan 1/18/2024 61472 592 GALLS, INC 26537040 101-42120-171 43.19$
24-Jan 1/18/2024 61472 592 GALLS, INC 26615774 101-42120-171 167.96$
24-Jan 1/18/2024 61472 592 GALLS, INC 26652503 101-42120-171 176.99$
24-Jan 1/18/2024 61473 76 GRANITE ELECTRONICS, INC 2236267 210-42220-585 439.46$
24-Jan 1/18/2024 61474 103063 INSPECTRON INC 1150 101-42401-300 8,525.00$
24-Jan 1/18/2024 61475 103774 JOHNSON, MIKE 2023 Boot Allowance 602-49450-171 132.26$
24-Jan 1/18/2024 61476 105683 JOVANOVICH, DEGE & ATHMANN 27715 101-41610-304 225.00$
24-Jan 1/18/2024 61477 108160 KINETIC 16148 110-45205-300 17,500.00$
24-Jan 1/18/2024 61478 1492 LAKE REGION FIREFIGHTERS ASSOC 1304 210-42240-433 40.00$
24-Jan 1/18/2024 61479 107502 LEXISNEXIS 1694850-20231231 101-42120-300 109.27$
61480
24-Jan 1/18/2024 61480 105417 MIDCONTINENT COMMUNICATION 1.64557E+13 602-49480-321 2,664.39$
24-Jan 1/18/2024 61481 108161 NEWSLEADERS 406835 101-41530-340 252.00$
24-Jan 1/18/2024 61482 102717 NORTHLAND SECURITIES, INC 7873 602-47100-620 1,375.00$
24-Jan 1/18/2024 61483 105778 QUADIENT LEASING Q1126700 101-41430-410 996.09$
24-Jan 1/18/2024 61484 13 REPUBLIC SERVICES 0891-001328208 603-43230-384 28,622.99$
24-Jan 1/18/2024 61485 105615 SHIFT TECHNOLOGIES, INC.11962 101-41710-310 252.00$
24-Jan 1/18/2024 61486 392 STREICHERS, INC I1672801 101-42140-210 1,460.00$
24-Jan 1/18/2024 61487 108282 TROBEC'S BUS SERVICE, INC 1805-0 101-45204-308 1,200.00$
24-Jan 1/25/2024 61488 106717 360 RENTS 40229 652-43160-580 125.00$
24-Jan 1/25/2024 61489 158 AMERICAN TEST CENTER 2232263 210-42260-230 987.00$
24-Jan 1/25/2024 61490 108287 AT & T MOBILITY 287298654554x01032024 101-41430-321 2.00$
24-Jan 1/25/2024 61491 38 AUTO VALUE PARTS STORES - WEST 8029558 101-43201-214 12.99$
24-Jan 1/25/2024 61492 108079 CHAMBERLINE OIL CO.458526-00 101-43125-230 104.81$
24-Jan 1/25/2024 61493 108183 DIRKES, DERRICK 2023 FSA Reimbursement 101-21716 5,000.00$
24-Jan 1/25/2024 61494 106853 ELITE REFRIGERATION HEAT & AIR 2663 601-49421-220 526.00$
24-Jan 1/25/2024 61495 108162 FARRELL EQUIPMENT & SUPPLY CO 104486 109-43201-580 199.99$
24-Jan 1/25/2024 61496 342 FASTENAL COMPANY MNST1201353 601-49440-214 456.55$
24-Jan 1/25/2024 61496 342 FASTENAL COMPANY MNST1201373 101-43120-214 324.50$
24-Jan 1/25/2024 61497 592 GALLS, INC 26714129 101-42120-171 199.16$
24-Jan 1/25/2024 61497 592 GALLS, INC 26714136 101-42120-171 207.16$
24-Jan 1/25/2024 61497 592 GALLS, INC 26754842 101-42120-171 114.48$
24-Jan 1/25/2024 61498 529 GOODIN COMPANY 5393568-00 101-41942-220 85.16$
24-Jan 1/25/2024 61498 529 GOODIN COMPANY 5395937-00 601-49421-210 44.30$
24-Jan 1/25/2024 61499 1 LEES ACE HARDWARE Dec 23 STMT - FIRE 210-42220-210 26.09$
24-Jan 1/25/2024 61499 1 LEES ACE HARDWARE Dec 23 STMT - PD 101-42120-210 37.55$
24-Jan 1/25/2024 61500 105417 MIDCONTINENT COMMUNICATION 1.57323E+13 101-42120-300 84.33$
24-Jan 1/25/2024 61501 146 MIDWAY IRON AND METAL, INC 568542 101-43120-210 221.45$
24-Jan 1/25/2024 61502 108254 MIGHTY AUTO PARTS IV102863 110-43201-580 532.84$
24-Jan 1/25/2024 61503 108184 MILOSTAN, ANTHONY 2023 FSA Reimbursement 101-21716 5,000.00$
24-Jan 1/25/2024 61504 108185 MIMBACH DEC 23 STMT 602-49450-550 164.97$
61505
24-Jan 1/25/2024 61505 460 MINNESOTA COMPUTER SYSTEMS,388914 210-42210-410 85.00$
24-Jan 1/25/2024 61506 108285 MINNESOTA RECREATION AND PAR 2024 MEMBERSHIP DUES 101-45204-433 310.00$
24-Jan 1/25/2024 61507 304 MINNESOTA RURAL WATER ASSOC Feb 2024 - Jan 2025 602-49450-433 1,365.15$
24-Jan 1/25/2024 61508 1197 MN MUNICIPAL UTILITIES ASSOC 63316 101-43120-433 547.00$
24-Jan 1/25/2024 61509 1616 MVTL LABORATORIES, INC 1233166 602-49480-312 149.60$
24-Jan 1/25/2024 61510 108288 NOLAN, LISA 01.20.24 Rental 101-45202-34780 200.00$
24-Jan 1/25/2024 61511 1237 NORTH CENTRAL BUS & EQUIPMEN 307653 602-49450-550 268.38$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-319093 101-42152-230 (151.00)$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-319530 101-43201-220 24.99$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-320002 602-49450-230 57.72$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-320166 101-43120-230 6.99$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-320867 109-43201-580 445.93$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-321431 101-43201-214 (109.99)$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-321668 101-43201-210 8.99$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-321671 110-43201-580 106.98$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-321985 101-42152-230 7.22$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-322035 101-42152-230 12.49$
24-Jan 1/25/2024 61512 106764 O REILLY AUTO PARTS 5771-322316 101-42152-230 15.28$
24-Jan 1/25/2024 61513 107581 ROCKY, TIM 01.13.24 101-45202-34782 135.00$
24-Jan 1/25/2024 61514 105286 SCR C009968 101-41942-300 786.53$
24-Jan 1/25/2024 61514 105286 SCR W95349 101-41942-220 205.75$
24-Jan 1/25/2024 61515 103209 SMITH & LOVELESS INC 174021 602-49480-210 401.56$
24-Jan 1/25/2024 61516 107028 SPECTRUM SUPPLY 16203 101-45202-210 280.07$
24-Jan 1/25/2024 61516 107028 SPECTRUM SUPPLY 8050 210-42280-210 (65.00)$
24-Jan 1/25/2024 61516 107028 SPECTRUM SUPPLY 95955 101-45202-210 51.87$
24-Jan 1/25/2024 61517 105148 ST. JOSEPH SAND & GRAVEL 978-A 101-43125-210 189.00$
24-Jan 1/25/2024 61518 11 STEARNS ELECTRIC ASSOCIATION Dec 23 STMT 602-49471-381 3,037.33$
24-Jan 1/25/2024 61519 107340 THE BRIDGE-WORLD LANGUAGE CT 28200 101-42120-300 248.00$
24-Jan 1/25/2024 61520 502 TORBORG, RANDY 2024 BOOT ALLOWANCE 602-49450-171 164.99$
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24-Feb 2/1/2024 61522 145 CENTRAL HYDRAULICS, INC 138982 101-43125-230 156.34$
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24-Feb 2/1/2024 61528 107580 QUADIENT POSTAGE FUNDING 01.12.24 603-43230-201 500.00$
24-Feb 2/1/2024 61529 1168 RDO Equipment Co P2740003 101-43125-230 213.42$
24-Feb 2/1/2024 61530 108286 REAR VIEW SAFETY LLC 109449 602-49490-314 407.46$
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24-Feb 2/1/2024 61533 392 STREICHERS, INC I1675845 101-42120-171 299.95$
24-Feb 2/1/2024 61534 1073 VESSCO, INC 92997 601-49420-220 499.00$
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Payroll
$134,677.17
Accounts Payable & Payroll EFT
$133,192.59
Check #'s
$148,383.65
Council Approval Checks
$97,495.49
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
2-5-24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4c
Reviewed by:
City Administrator
Item:
Appointment of Election Judges for Presidential Nomination Primary
ACTION REQUESTED
Motion approving the consent agenda will automatically approve this item. If pulled, then the
following motion is requested:
Motion to approve Election Judges for the Presidential Nomination Primary and Authorize staff
the ability to assign additional judges if necessary.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
The Presidential Nomination Primary (PNP) will take place on March 5, 2024. The city is required
to approve election judges for this election by February 9th. Certain staff will be working the
election and providing backup as needed. Due to the fact that emergencies may occur or
availabilities may change, staff is requesting that Council give the City Clerk the ability to assign
additional judges to be trained and assigned, if necessary.
Carol Anderson Linda Jernberg
Grace Ann Asheim Kayla Klein
Kent Asheim Debbie Kulzer
Lori Bartlett Kay Lemke
Melissa Bauer Angie Loecken
Charisse Burgett David Murphy
Vicky Granite Deb Reber
Mark Hoeschen Ann Scherer
Mitchell Hogan Jean Schirmers
Charity Pikkaraine
BUDGET IMPACT
Most PNP expenses are reimbursed by the State of MN.
STAFF RECOMMENDED ACTION
Motion to approve Election Judges for the Presidential Nomination Primary and Authorize staff
the ability to assign additional judges if necessary.
SUPPORTING DATA/ATTACHMENTS
STAFF MEMO
Prepared by:
Police Chief
Meeting Date:
02/05/2024
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
4d
Reviewed by: Item:
Police Department Policy Updates
ACTION REQUESTED
Approval of consent agenda automatically approves this item. If item is pulled, then the
following motion is requested.
Motion to add and update 4 polices bringing the department to current MN POST Board
requirements and compliance.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
The MN POST Board has made changes in the past few years that require us to make changes to
our current policy manual. There are also a few new policies that need to be approved.
Proposed are 4 policies that have been authorized by the MN Post Board.
1.Confidential Informants Policy (New)
2.Eyewitness Identification Procedure Policy (New)
3.Public Assembly First Amendment Rights Policy (New)
4.Vehicle Pursuits (Updated)
Some of the policies may not currently apply to the city of St. Joseph in its current activity level;
however, we are required to have the policies on the books to be compliant.
BUDGET IMPACT
None
STAFF RECOMMENDED ACTION
Approval of the proposed polices bringing the department to current MN POST Board
requirements and compliance.
SUPPORTING DATA/ATTACHMENTS
Confidential Informants Policy
Eyewitness Identification Procedure Policy
Public Assembly First Amendment Rights Policy
Vehicle Pursuits Policy
CONFIDENTIAL INFORMANTS MODEL POLICY
MN STAT 626.8476
Approved by the POST Board on 4/21/22 1
I. POLICY
It is the policy of the St Joseph Police Department to establish procedures and protocols that take necessary
precautions concerning the recruitment, control and use of confidential informants.
II. DEFINITIONS
A. Confidential Informant (CI): A person who cooperates with a law enforcement agency confidentially in
order to protect the person or the agency’s intelligence gathering or investigative efforts and;
1. seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in which a
sentence will be or has been imposed, or receive a monetary or other benefit; and
2. is able, by reason of the person’s familiarity or close association with suspected criminals, to:
i. make a controlled buy or controlled sale of contraband, controlled substance, or other
items that are material to a criminal investigation;
ii. supply regular or constant information about suspected or actual criminal activities to a
law enforcement agency; or
iii. otherwise provide information important to ongoing criminal intelligence gathering or
criminal investigative efforts.
B. Controlled Buy: means the purchase of contraband, controlled substances, or other items that are
material to a criminal investigation from a target offender that is initiated, managed, overseen, or
participated in by law enforcement personnel with the knowledge of a confidential informant.
C. Controlled Sale: means the sale of contraband, controlled substances, or other items that are material
to a criminal investigation to a target offender that is initiated, managed, overseen, or participated in by
law enforcement personnel with the knowledge of a confidential informant.
D. Mental Harm: means a psychological injury that is not necessarily permanent but results in visibly
demonstrable manifestations of a disorder of thought or mood that impairs a person’s judgment or
behavior.
E. Target Offender: means the person suspected by law enforcement personnel to be implicated in
criminal acts by the activities of a confidential informant.
F. Confidential Informant File: means a file maintained to document all information that pertains to a
confidential informant.
G. Unreliable Informant File: means a file containing information pertaining to an individual who has
failed at following an established written confidential informant agreement and has been determined to
be generally unfit to serve as a confidential informant.
H. Compelling Public Interest: means, for purposes of this policy, situations in which failure to act would
result or likely result in loss of life, serious injury, or have some serious negative consequence for
persons, property, or public safety and therefore demand action.
I. Overseeing agent: means the officer primarily responsible for supervision and management of a
confidential informant.
Approved by the POST Board on 4/21/22 2
III. PROCEDURES
A. Initial Suitability Determination
An initial suitability determination must be conducted on any individual being considered for a role as a
CI. The initial suitability determination includes the following:
1. An officer requesting use of an individual as a CI must complete an Initial Suitability Report. The
report must be submitted to the appropriate individual or entity, as determined by the agency
chief executive, to review for potential selection as a CI. The report must include sufficient detail
regarding the risks and benefits of using the individual so that a sound determination can be
made. The following information must be addressed in the report, where applicable:
a. Age, sex, and residence
b. Employment status or occupation
c. Affiliation with legitimate businesses and illegal or suspicious enterprises
d. Extent to which potential information, associations, or other assistance could benefit a
present or future investigation
e. Relationship with the target of an investigation
f. Motivation in providing information or assistance
g. Risk of adversely affecting an existing or future investigation
h. Extent to which provided information can be corroborated
i. Prior record as a witness
j. Criminal history, to include whether he or she is the subject of a pending investigation, is
under arrest, or has been charged with a crime
k. Risk to the public or as a flight risk
l. Consultation with the individual’s probation, parole, or supervised release agent, if any
m. Consideration and documentation of the individual’s diagnosis of mental illness,
substance use disorder, traumatic brain injury, or disability; and consideration and
documentation of the individual’s history of mental illness, substance use disorder,
traumatic brain injury or disability
n. Relationship to anyone in law enforcement
o. Risk of physical harm to the potential CI or their immediate family or relatives for
cooperating with law enforcement
p. Prior or current service as a CI with this or another law enforcement organization
2. Prior to an individual’s use as a CI, a supervisor or other designated authority must review the
Initial Suitability Report and determine if the individual is authorized to serve as a CI.
3. Any prospective or current CI must be excluded from engaging in a controlled buy or sale of a
controlled substance if the prospective or current CI:
a. is receiving in-patient treatment or partial-hospitalization treatment administered by a
licensed service provider for a substance use disorder or mental illness; or
b. is participating in a treatment-based drug court program or treatment court; except that
c. the prospective or current CI may provide confidential information while receiving
treatment, participating in a treatment-based drug court program or treatment court.
Approved by the POST Board on 4/21/22 3
4. Documentation and special consideration must be made of the risks involved in engaging a
prospective or current CI in the controlled buy or sale of a controlled substance if the individual is
known, or has reported, to have experienced a drug overdose in the previous 12 months.
5. Any prospective or current CI who is known to abuse substances, or is at risk for abusing
substances, should be provided referral to prevention or treatment services.
6. Any prospective or current CI that has a physical or mental illness that impairs the ability of the
individual to understand instructions and make informed decisions should be referred to a mental
health professional or other appropriate medical professional, or a case manager/social worker
from the county social services agency, or other substance abuse and mental health services.
7. Each CI’s suitability must be reviewed every 6 months, at a minimum, during which time the CI’s
overseeing agent must submit a Continuing Suitability Report addressing the foregoing issues in
III.A.1.a–p, and III.A.3-6, where applicable. An initial suitability determination must be conducted
on a reactivated CI regardless of the length of inactivity.
8. Any information that may negatively affect a CI’s suitability during the course of their use must be
documented in the CI’s file and forwarded to the appropriate authorized personnel as soon as
possible.
9. Supervisors must review informant files regularly with the overseeing agent and must attend
debriefings of CIs periodically as part of the informant management process. If a CI is active for
more than 12 months, a supervisory meeting with the CI must be conducted without the
overseeing agent.
10. CI contracts must be terminated, and the CI file placed in inactive status when the CI has not
been utilized for 6 months or more.
B. Exigent Confidential Informants
1. Certain circumstance arise when an individual who has been arrested is willing to immediately
cooperate and perform investigative activities under the direction of an overseeing agent. In these
circumstances, the initial suitability determination can be deferred and an individual may be utilized
as a CI for a period not to exceed 12 hours from the time of arrest if:
a. The individual is not excluded from utilization as a CI under III.A(3)(a-c) of this policy; and
b. There is compelling public interest or exigent circumstances exist that demand immediate
utilization of the individual as a CI and any delay would significantly and negatively affect any
investigation; and
c. A supervisor has reviewed and approved the individual for utilization as a CI under these
circumstances.
2. Upon the conclusion of the 12-hour window, or at any time before, an initial suitability determination
must be conducted before the individual engages in any further CI activities.
C. Special CI Approval Requirements
Certain individuals who are being considered for use as a CI require special review and approval. In all
instances, the agency’s chief executive or their designee and the office of the prosecutor or county
attorney should be consulted prior to the use of these individuals as CIs. These individuals include the
following:
1. Juveniles
a. Use of a juvenile under the age of 18 for participating in a controlled buy or sale of a
controlled substance or contraband may be undertaken only with the written authorization
of the individual’s parent(s) or guardian(s), except that the juvenile informant may provide
confidential information.
Approved by the POST Board on 4/21/22 4
b. Authorization for such use should be granted only when a compelling public interest can
be demonstrated, except that
c. Juveniles under the guardianship of the State may not be used as a CI.
2. Individuals obligated by legal privilege of confidentiality.
3. Government officials.
D. General Guidelines for Overseeing CIs
General guidelines for overseeing CIs are as follows:
1. CIs must be treated as assets of the agency, not the individual overseeing agent.
2. No promises or guarantees of preferential treatment within the criminal justice system will be
made to any informant without prior approval from the prosecuting authority.
3. CIs must not be used without authorization of the agency through procedures identified in this
policy.
4. CIs must not be used to gather information purely of a political nature or for other information-
gathering efforts that are not connected with a criminal investigation.
5. Under no circumstances must an informant be allowed access to restricted areas or
investigators’ work areas within a law enforcement agency.
6. All CIs must sign and abide by the provisions of the agency’s CI agreement.
7. Any physical or mental illness that impairs the CI’s ability to knowingly contract or otherwise
protect the informant’s self-interest must be taken into consideration before the CI signs the
agreement.
8. The CI’s overseeing agent must discuss each of the provisions of the agreement with the CI, with
particular emphasis on the following:
a. CIs may voluntarily initiate deactivation, whereupon the protocols outlined in section E of
this policy must be followed.
b. CIs are not law enforcement officers. They have no arrest powers, are not permitted to
conduct searches and seizures, and may not carry a weapon while performing activities
as a CI.
c. CIs found engaging in any illegal activity beyond what is authorized by the agency and
conducted while under the supervision of an overseeing agent, will be subject to
prosecution.
d. CIs are prohibited from engaging in actions or activities that could be deemed
entrapment. The meaning of the term and implications of such actions must be explained
to each CI.
e. CIs are prohibited from engaging in self-initiated information or intelligence gathering
without agency direction and approval. The CI must not take any actions in furtherance of
an investigation without receiving specific instruction(s) from the overseeing agent or
agency.
f. Every reasonable effort will be taken to ensure the confidentiality of the CI but, upon
judicial order, he or she may be required to testify in open court.
g. CIs may be directed to wear a listening and recording device.
h. CIs must be required to submit to a search before and after a controlled purchase.
Approved by the POST Board on 4/21/22 5
i. CIs who participate in unplanned or unanticipated activities or meet with a subject(s)
under investigation in a location outside of the jurisdictional boundary of the handling
agency must promptly report that activity or meeting to their overseeing agents.
9. CI activity outside jurisdictional boundaries:
a. Investigators handling CIs who engage in operational activity in locations outside the
jurisdictional boundaries of the agency must coordinate with counterparts in law
enforcement agencies that have jurisdiction in that location where the CI will operate
before any activity occurs, or in a timely manner after unanticipated activity occurs and is
brought to the attention of the overseeing agent.
b. Any decision to defer or delay notice to or coordinate with an outside agency having
jurisdiction in the area where a CI has or may operate must be documented, reviewed,
and approved by the agency’s chief executive or their designee.
10. Officers must take the utmost care to avoid conveying any confidential investigative information
to a CI, such as the identity of other CIs, surveillance activities, or search warrants, other than
what is necessary and appropriate for operational purposes.
11. No member of this agency must knowingly maintain a social relationship with a CI, or otherwise
become personally involved with a CI beyond actions required in the performance of duty.
12. Members of this agency must not solicit, accept gratuities from, or engage in any private
business transaction with a CI.
13. Meetings with a CI must be conducted in private with another officer or agent present and with at
least one officer or agent of the same sex, except when not practical. The meeting location
should minimize the potential for discovery of the informant’s cooperation and provide sufficient
space to complete necessary administrative duties. The meetings must be documented and
subsequently entered into the individual’s CI file.
14. Overseeing agents must develop and follow a communications strategy and plan with the CI that
minimizes, to the greatest extent possible, the risk of discovery or compromise of the relationship
between the agency and the CI. This plan should also aim to prevent the detection, compromise,
or interception of communications between the overseeing agent and the CI.
15. Procedures must be instituted to assist CIs with concealing their identity and maintaining their
safety. Care should be given not to expose CIs to unnecessary safety risks.
16. Preceding or following every buy or sale of controlled substances, overseeing agents must
screen the CI for any personal safety or mental health concerns, risk of substance abuse, and/or
potential relapse in any substance abuse recovery.
a. At the request of the CI, or if the overseeing agent deems it necessary, reasonable efforts
should be taken to provide the CI with referral to substance abuse and/or mental health
services.
b. Overseeing agents must document:
i. the screening,
ii. any referral to services provided to, or requested by, the CI, and
iii. any refusal by the CI to participate in the screening and/or any refusal by the CI to
accept referral to services. Reasons for the CI’s refusal must be documented,
where applicable.
c. No part of this subsection supersedes MN Stat. 253B.05, sub.2.
17. Reasonable protective measures must be provided for a CI when any member of this agency
knows or should have known of a risk or threat of harm to a person serving as a CI and the risk
or threat of harm is a result of the informant’s service to this agency.
Approved by the POST Board on 4/21/22 6
18. Overseeing agents must:
a. evaluate and document the criminal history and propensity for violence of target
offenders; and
b. to the extent allowed, provide this information to the CI if there is a reasonable risk or
threat of harm to the CI as a result of the CI’s interaction with the target offender.
19. Reasonable efforts and precautions must be made to help protect the identity of a CI during the
time the person is acting as an informant.
20. Whenever possible, officers must corroborate information provided by a CI and document efforts
to do so.
21. The name of a CI must not be included in an affidavit for a warrant unless judicial authority is
obtained to seal the document from the public record or the CI is a subject of the investigation
upon which the affidavit is based.
22. Overseeing agents are responsible for ensuring that information of potential value to other
elements of the agency is provided promptly to authorized supervisory personnel and/or other
law enforcement agencies as appropriate.
23. Individuals leaving employment with the agency have a continuing obligation to maintain as
confidential the identity of any CI and the information he or she provided unless obligated to
reveal such identity or information by law or court order.
E. Establishment of an Informant File System
An informant file system must be established as follows:
1. The agency chief executive must designate a file supervisor who must be responsible for
developing and maintaining master CI files and an indexing system.
2. A file must be maintained on each CI deemed suitable by the agency.
3. An additional Unreliable Informant File must be established for CIs deemed unsuitable during
initial suitability determinations or at a later time.
4. Each file must be coded with an assigned informant control number for identification within the
indexing system and must include the following information, where applicable:
a. Name, aliases, and date of birth
b. Height, weight, hair color, eye color, race, sex, scars, tattoos, or other distinguishing
features
c. Emergency contact information
d. Name of the officer initiating use of the informant and any subsequent overseeing agents
e. Photograph and criminal history record
f. Current home address and telephone number(s)
g. Residential addresses in the last five years
h. Current employer, position, address, and telephone number
i. Social media accounts
j. Marital status and number of children
k. Vehicles owned and their registration numbers
l. Places frequented
m. Gang affiliations or other organizational affiliations
Approved by the POST Board on 4/21/22 7
n. Briefs of information provided by the CI and the CI’s subsequent reliability
o. Special skills and hobbies
p. Special areas of criminal expertise or knowledge
q. A copy of the signed informant agreement
5. CI files must be maintained in a separate and secured area.
6. The file supervisor must ensure that information concerning CIs is strictly controlled and
distributed only to officers and other authorities who have a need and a right to such information.
7. CI File Review
a. Sworn personnel may review an individual’s CI file only upon the approval of the agency’s
chief executive or their designee.
b. The requesting officer must submit a written request explaining the need for review. A
copy of this request, with the officer’s name, must be maintained in the individual’s CI file.
c. Officers must not remove, copy, or disseminate information from the CI file.
d. CI files must be reviewed only in designated areas of the law enforcement facility and
returned as soon as possible to their secure file location.
e. All disclosures or access to CI files must be recorded by the file supervisor, to include
information such as the requesting officer or agency, the purpose of access or disclosure,
the information conveyed, and the date and time of access or dissemination.
f. No portion of an individual’s CI file must be entered into any other electronic or related
database without controls sufficient to exclude access to all but authorized personnel with
a need and a right to know.
F. Deactivation of Confidential Informants
A CI deactivation procedure must be established as follows:
1. The overseeing agent must complete a deactivation form that includes, at minimum, the
following:
a. The name of the agency.
b. The name of the CI.
c. The control number of the CI, where applicable.
d. The date of deactivation.
e. The reason for deactivation.
f. A notification that contractual agreements regarding monetary re-numeration, criminal
justice assistance, or other considerations, specified or not, are terminated.
g. A notification that the agency will provide and assist the CI with referral to health services
for assistance with any substance abuse disorder and/or physical, mental, or emotional
health concerns, as requested or accepted by the CI.
h. A signature by the CI or documentation indicating the reason(s) why the CI was unable or
unwilling to sign the form.
i. A signature by the overseeing agent.
2. All reasonable efforts must be taken to maintain the safety and anonymity of the CI after
deactivation.
Approved by the POST Board on 4/21/22 8
G. Monetary Payments
Monetary payments must be managed as follows:
1. All monetary compensation paid to CIs must be commensurate with the value of the information
or assistance provided to the agency.
2. All CI payments must be approved in advance by the officer in charge of confidential funds.
3. Officers must provide accounting of monies received and documentation for confidential funds
expended. Any documentation of monies paid or received should not contain the true identity of
the informant but should use the CI’s control number.
4. Two officers must be present when making payments or providing funds to CIs.
5. The appropriate individual, as designated by the agency’s chief executive, must ensure that the
process for authorization, disbursement, and documentation of CI payments, as well as the
accounting and reconciliation of confidential funds, is consistent with agency policy.
6. If a CI is authorized to work with another law enforcement or prosecutorial agency, financial
payments must be coordinated between the agencies in a manner that is proportionate to the
assistance rendered to each agency and consistent with provision III.F.1. of this policy.
7. Written records of receipts are retained, or justification for the exception is documented when a
written receipt is not available.
Approved by the POST Board on 7/23/2020 1
EYEWITNESS IDENTIFICATION PROCEDURES MODEL POLICY
Minn. Stat. 626.8433
POLICY:
Officers shall adhere to the procedures for conducting eyewitness identifications set
forth in this policy, in order to maximize the reliability of identifications, minimize
erroneous identifications, and gather evidence that conforms to contemporary
eyewitness identification protocols. Photo arrays and line-ups will be conducted by
displaying the suspect and fillers sequentially using a blind or blinded
administration.
Purpose:
It is the purpose of this policy to establish guidelines for eyewitness identification
procedures involving show-ups, photo arrays, and line-ups. Erroneous eyewitness
identifications have been cited as the factor most frequently associated with
wrongful convictions. Therefore, in addition to eyewitness identification, all
appropriate investigative steps and methods should be employed to uncover
evidence that either supports or eliminates the suspect identification.
Definitions:
Definitions:
Show-up: The presentation of a suspect to an eyewitness within a short time
frame following the commission of a crime to either confirm or eliminate him or her
as a possible perpetrator. Show-ups, sometimes referred to as field identifications,
are conducted in a contemporaneous time frame and proximity to the crime.
Line-up: The process of presenting live individuals to an eyewitness for the
purpose of identifying or eliminating suspects.
Photo Array: A means of presenting photographs to an eyewitness for the purpose
of identifying or eliminating suspects.
Administrator: The law enforcement official conducting the identification
procedure.
Blinded Presentation: The administrator may know the identity of the suspect,
but does not know which photo array member is being viewed by the eyewitness at
any given time.
Confidence Statement: A statement in the witness’s own words taken
immediately after an identification is made stating his or her level of certainty in the
identification.
Approved by the POST Board on 7/23/2020 2
Filler: A live person, or a photograph of a person, included in an identification
procedure who is not considered a suspect.
Sequential: Presentation of a series of photographs or individuals to a witness one
at a time.
Simultaneous: Presentation of a series of photographs or individuals to a witness
all at once.
Procedure:
1. Show-ups
The use of show-ups should be avoided whenever possible in preference to the use
of a lineup or photo array procedure. However, when circumstances require the
prompt presentation of a suspect to a witness, the following guidelines shall be
followed to minimize potential suggestiveness and increase reliability.
a. Document the witness’s description of the perpetrator prior to conducting
the show up.
b. Conduct a show-up only when the suspect is detained within a reasonably
time frame after the commission of the offense and within a close physical
proximity to the location of the crime.
c. Do not use a show-up procedure if probable cause to arrest the suspect
has already been established.
d. If possible, avoid conducting a show-up when the suspect is in a patrol
car, handcuffed, or physically restrained by officers, unless safety concerns
make this impractical.
e. Caution the witness that the person he or she is about to see may or may
not be the perpetrator—and it is equally important to clear an innocent
person. The witness should also be advised that the investigation will
continue regardless of the outcome of the show-up.
f. Do not conduct the show-up with more than one witness present at a time.
g. Separate witnesses and do not allow communication between them before
or after conducting a show-up.
h. If one witness identifies the suspect, use a line-up or photo array for
remaining witnesses.
i. Do not present the same suspect to the same witness more than once.
Approved by the POST Board on 7/23/2020 3
j. Do not require show-up suspects to put on clothing worn by, speak words
uttered by, or perform other actions of the perpetrator.
k. Officers should scrupulously avoid words or conduct of any type that may
suggest to the witness that the individual is or may be the perpetrator.
l. Ask the witness to provide a confidence statement.
m. Remind the witness not to talk about the show-up to other witnesses until
police or prosecutors deem it permissible.
n. Videotape the identification process using an in-car camera or other
recording device when feasible.
o. Document the time and location of the show-up, the officers present, the
result of the procedure, and any other relevant information.
Line-up and Photo Array Procedures
2. Basic Procedures for Conducting a Line-up or Photo Array
a. Line-ups will not typically be utilized for investigations, unless conducting a
photo array is not possible.
b. Whenever possible, a blind presentation shall be utilized. In cases where a
blind presentation is not feasible for a photo array, a blinded presentation
should be used. Live line-ups must be conducted using a blind presentation.
c. The line-up or photo array should consist of a minimum of six individuals or
photographs. Use a minimum of five fillers and only one suspect.
d. Fillers should be reasonably similar in age, height, weight, and general
appearance and be of the same sex and race, in accordance with the
witness’s description of the offender.
e. Avoid the use of fillers who so closely resemble the suspect that a person
familiar with the suspect might find it difficult to distinguish the suspect
from the fillers.
f. Create a consistent appearance between the suspect and the fillers with
respect to any unique or unusual feature (e.g., scars, tattoos, facial hair)
used to describe the perpetrator by artificially adding or concealing that
feature on the fillers.
g. If there is more than one suspect, include only one in each line-up or photo
array.
Approved by the POST Board on 7/23/2020 4
h. During a blind presentation, no one who is aware of the suspect’s identity
should be present during the administration of the photo array. However,
during a line-up, the suspect’s attorney should be present.
i. Place suspects in different positions in each line-up or photo array, both
across cases and with multiple witnesses in the same case.
j. Witnesses should not be permitted to see or be shown any photos of the
suspect prior to the line-up or photo array.
k. The witness shall be given a copy of the following instructions prior to
viewing the line-up or photo array and the administrator shall read the
instructions aloud before the identification procedure.
You will be asked to look at a series of individuals.
The perpetrator may or may not be present in the identification
procedure.
It is just as important to clear innocent persons from suspicion as it is to
identify guilty parties.
I don’t know whether the person being investigated is included in this
series.
Sometimes a person may look different in a photograph than in real life
because of different hair styles, facial hair, glasses, a hat or other
changes in appearance. Keep in mind that how a photograph was taken or
developed may make a person’s complexion look lighter or darker than in
real life.
You should not feel that you have to make an identification. If you do
identify someone, I will ask you to describe in your own words how
certain you are.
The individuals are not configured in any particular order.
If you make an identification, I will continue to show you the remaining
individuals or photos in the series.
Regardless of whether you make an identification, we will continue to
investigate the incident.
Since this is an ongoing investigation, you should not discuss the
identification procedures or results
Approved by the POST Board on 7/23/2020 5
l. The line-up or photo array should be shown to only one witness at a time;
officers should separate witnesses so they will not be aware of the
responses of other witnesses.
m. Multiple identification procedures should not be conducted in which the
same witness views the same suspect more than once.
n. Officers should scrupulously avoid the use of statements, cues, casual
comments, or providing unnecessary or irrelevant information that in any
manner may influence the witnesses’ decision-making process or
perception.
o. Following an identification, the administrator shall ask the witness to
provide a confidence statement and document the witness’s response.
p. The administrator shall ask the witness to complete and sign an Eyewitness
Identification Procedure Form.
q. Line-up and photo array procedures should be video or audio recorded
whenever possible. If a procedure is not recorded, a written record shall be
created and the reason for not recording shall be documented. In the case
of line-ups that are not recorded, agents shall take and preserve a still
photograph of each individual in the line-up.
3. Photographic Arrays
a. Creating a Photo Array
1. Use contemporary photos.
2. Do not mix color and black and white photos.
3. Use photos of the same size and basic composition.
4. Never mix mug shots with other photos and ensure consistent
appearance of photograph backgrounds and sizing.
5. Do not include more than one photo of the same suspect.
6. Cover any portions of mug shots or other photos that provide
identifying information on the subject – and similarly cover other
photos used in the array.
7. Where the suspect has a unique feature, such as a scar, tattoo, or
mole or distinctive clothing that would make him or her stand out in
the photo array, filler photographs should include that unique feature
either by selecting fillers who have the same features themselves or
by altering the photographs of fillers to the extent necessary to
achieve a consistent appearance.
8. Fillers should not be reused in arrays for different suspects shown to
the same witness.
b. Conducting the Photo Array
1. The photo array should be preserved, together with full information
about the identification process as part of the case file and
documented in a report.
Approved by the POST Board on 7/23/2020 6
2. If a blind administrator is not available, the administrator shall
ensure that a blinded presentation is conducted using the following
procedures.
a. Place the suspect and at least five filler photos in separate
folders for a total of six (or more depending on the number
of fillers used).
b. The administrator will take one folder containing a known
filler and place it to the side. This will be the first photo in
the series. The administrator should then shuffle the
remaining folders (containing one suspect and the remainder
of fillers) such that he or she cannot see how the line-up
members are ordered. These shuffled folders will follow the
first filler photo. The stack of photos is now ready to be
shown to the witness.
c. The administrator should position himself or herself so that
he or she cannot see inside the folders as they are viewed by
the witness.
3. The witness should be asked if he or she recognizes the person in
the photo before moving onto the next photo. If an identification is
made before all of the photos are shown, the administrator should
tell the witness that he or she must show the witness all of the
photos and finish showing the sequence to the witness, still asking
after each photo if the witness recognizes the person in the photo.
4. If possible, the array should be shown to the witness only once. If,
upon viewing the entire array the witness asks to see a particular
photo or the entire array again, the witness should be instructed that
he or she may view the entire array only one additional time. If a
second viewing is permitted, it must be documented.
4. Line-ups
a. Conducting the Line-up
1. Live line-ups shall be conducted using a blind administrator.
2. Ensure that all persons in the line-up are numbered consecutively
and are referred to only by number.
b. The primary investigating officer is responsible for the following:
1. Scheduling the line-up on a date and at a time that is convenient for
all concerned parties, to include the prosecuting attorney, defense
counsel, and any witnesses.
2. Ensuring compliance with any legal requirements for transfer of the
subject to the line-up location if he or she is incarcerated at a
detention center.
3. Making arrangements to have persons act as fillers.
4. Ensuring that the suspect’s right to counsel is scrupulously honored
and that he or she is provided with counsel if requested. Obtaining
proper documentation of any waiver of the suspect’s right to counsel.
5. Allowing counsel representing the suspect sufficient time to confer
with his or her client prior to the line-up and to observe the manner
in which the line-up is conducted.
References:
Approved by the POST Board on 7/23/2020 7
References:
Sequential Photo Display Form
Approved by the POST Board on 7/23/2020 8
Sequential Photo Display Form
SEQUENTIAL PHOTO DISPLAY FORM
(Witness Side)
Dept.: ________ C.N.: _____________ OFFENSE: __________ Lineup ID# _____
WITNESS: ______________ DOB _________ ADMINISTRATOR: _______________
DATE: __________ TIME: _______ INVESTIGATOR ASSIGNED: _______________
READ TO WITNESS BEFORE PHOTO DISPLAY:
__ 1. I am about to show you a set of photos. The person who committed the crime
[or: ______________________] may or may not be included.
(SELECT ONE OF THESE OPTIONS AND READ.)
___ 2. (IA) I do not know whether the person being investigated is included OR
___ 2. (FE) I do not know the order of the photos.
___ 3. Even if you identify someone during this procedure, I will continue to show
you all photos in the series.
___ 4. Keep in mind that a photo may be an old one. Some things, like hair styles,
can be changed, and skin colors may look slightly different in photographs.
___ 5. You should not feel you have to make an identification. It is just as
important to clear innocent persons as it is to identify the guilty. Whether or
not you identify someone, the investigation will continue.
___ 6. You will see only one photo at a time. They are not in any particular order.
Take as much time as you need to look at each one. You should avoid
discussing this procedure or the results with any other potential witness in
the case.
Please initial here if you understand these instructions. ____
(WITNESS TO INITIAL)
___________________________________________________________
____________
TO BE COMPLETED BY WITNESS AFTER PHOTO DISPLAY:
The sequential photo lineup I was shown consisted of ___ photos.
I am unable to select any photo as being the person(s) who _____________.
I have selected photo(s) # _____ as the person who ___________________.
(IF SELECTION MADE) How certain are you of your identification?
_____________________________________ Date: _____________ Time: _____
Approved by the POST Board on 7/23/2020 9
Witness signature
(Have witness sign and date any photo picked and attach to this report.)
SEQUENTIAL PHOTO DISPLAY FORM
(Administrator Side)
C.N. ______________ Witness: __________________ Lineup ID #
________________
Administrator does does not know identity of suspect.
_________________________________________________________________________
_______
Instructions to administrator (READ BEFORE SHOWING PHOTO DISPLAY):
A sequential photo lineup must either be presented by an independent administrator [IA] (a
person who does not know the identity of the suspect) or, if unavailable, a functional
equivalent [FE] method must be used. Functional equivalent means (1) that the
administrator cannot see and does not know the order of the photos and (2) that the
witness knows the administrator does not know the order. Before beginning the photo
display, determine which of these two methods is used (IA or FE), select the appropriate
instruction # 2 and cross out the inapplicable # 2.
Fill out the case information on the top of the form. Read instructions on reverse side to
witness and have witness initial at end. Show photos one at a time. Only one photo at a
time may be visible. As each photo is displayed, ask “Is this the person who [insert crime]?”
If yes, ask, “How certain are you of your identification?” Even if identification is made,
continue showing remaining photos. After all photos have been displayed, repeat display
ONLY if witness requests it. In any repeat, ALL photos must be displayed in the same
sequence, even if the witness only requests to see a particular photo or photos again.
Ask witness to complete witness portion of the form and sign it. If any selection is made,
have the witness sign and date the photo (or photos) selected. The photo display used must
be preserved. (Attach copy to this form.) BE CAREFUL NOT TO PROVIDE ANY FEEDBACK TO
WITNESS ON EITHER IDENTIFICATION OR NON-IDENTIFICATION.
After witness has completed witness portion of the form, complete administrator portion of
the form. This includes asking the certainty question, administrator observations and
number of times display was shown. Departmental policy may also require a standard
supplementary report.
_________________________________________________________________________
To be completed during and after photo display:
Comments made by the witness to any photograph during the photo display (note photo #):
(If identification made) How certain are you of your identification?
Additional observations by administrator (e.g., any physical response or other comments by
witness):
Sequential lineup was shown once / _____ times
___________________________________ Date: _____________ Time: _________
Administrator's signature
Have witness complete front side. Attach copy of photo display used. Have witness
sign
and date any photo picked.
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 1 of 9
Public Assembly and First Amendment Activity
References:
Minn. Rules 6700.1615
First Amendment US Constitution
Minnesota Constitution
609.705. Unlawful Assembly
609.71 Riot
609. 066 Authorized Use of Force by Peace Officers
609.06 Authorized Use of Force
1) PURPOSE
The First Amendment to the Constitution of the United States of America states, "Congress
shall make no law respecting an establishment of religion, or prohibiting the free exercise
thereof, or abridging the freedom of speech or of the press, or the right of the people
peaceably to assemble and to petition the Government for a redress of grievances."
The Bill of Rights in Article 1 of the Minnesota Constitution addresses the rights of free
speech and the liberty of the press. However, neither the state nor federal constitutions
protect criminal activity or threats against citizens, businesses, or critical infrastructure.
The St Joseph Police Department supports all people's fundamental right to peaceably
assemble and their right to freedom of speech and expression.
The purpose of this policy is to provide guidelines to the St Joseph Police
Department personnel regarding the application and operation of acceptable law
enforcement actions addressing public assemblies and First Amendment Activity.
2) POLICY
The St Joseph Police Department will uphold the constitutional rights of free speech
and assembly while using the minimum use of physical force and authority required to
address a crowd management or crowd control issue.
The policy of the St Joseph Police Department (“department”) regarding crowd
management and crowd control is to apply the appropriate level of direction and control
to protect life, property, and vital facilities while maintaining public peace and order
during a public assembly or First Amendment activity. Department personnel must not
harass, intimidate, or discriminate against or unreasonably interfere with persons
engaged in the lawful exercise of their rights.
This policy concerning crowd management, crowd control, crowd dispersal, and police
responses to violence and disorder applies to spontaneous demonstrations, crowd event
situations, and planned demonstration or crowd events regardless of the permit status of
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 2 of 9
the event.
This policy is to be reviewed annually.
3) DEFINITIONS
A. Chemical Agent Munitions: Munitions designed to deliver chemical agents from a
launcher or hand thrown.
B. Control Holds: Control holds are soft empty hand control techniques as they do not
involve striking.
C. Crowd Management: Techniques used to manage lawful public assemblies before,
during, and after an event. Crowd management can be accomplished in part through
coordination with event planners and group leaders, permit monitoring, and past
event critiques.
D. Crowd Control: Techniques used to address unlawful public assemblies.
E. Deadly Force: Force used by an officer that the officer knows, or reasonably should
know, creates a substantial risk of causing death or great bodily harm.
(Reference: St Joseph Police Department’s Use of Force Policy, MN Statutes
609.06 and 609. 066)
F. Direct Fired Munitions: Less-lethal impact munitions that are designed to be direct
fired at a specific target.
G. First Amendment Activities: First Amendment activities include all forms of speech and
expressive conduct used to convey ideas and/or information, express grievances, or
otherwise communicate with others and include both verbal and non-verbal expression.
Common First Amendment activities include, but are not limited to, speeches,
demonstrations, vigils, picketing, distribution of literature, displaying banners or signs,
street theater, and other artistic forms of expression. All these activities involve the
freedom of speech, association, and assembly and the right to petition the government,
as guaranteed by the United States Constitution and the Minnesota State Constitution.
The government may impose reasonable restrictions on the time, place, or manner of
protected speech, provided the restrictions are justified without reference to the content
of the regulated speech, that they are narrowly tailored to serve a significant
governmental interest, and that they leave open ample alternative channels for
communication of the information.
H. Great Bodily Harm: Bodily injury which creates a high probability of death, or which
causes serious, permanent disfigurement, or which causes a permanent or
protracted loss or impairment of the function of any bodily member or organ or other
serious bodily harm. (Reference: St Joseph Police Department’s Use of Force
Policy, MN Statutes 609.06 and 609. 066)
I. Legal Observers – Individuals, usually representatives of civilian human rights agencies,
who attend public demonstrations, protests and other activities. The following may be
indicia of a legal observer: Wearing a green National Lawyers’ Guild issued or
authorized Legal Observer hat and/or vest (a green NLG hat and/or black vest with
green labels) or wearing a blue ACLU issued or authorized legal observer vest.
J. Less-lethal Impact Munitions. Impact munitions which can be fired, launched, or
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 3 of 9
otherwise propelled for the purpose of encouraging compliance, overcoming
resistance or preventing serious injury without posing significant potential of causing
death.
K. Media: Media means any person who is an employee, agent, or independent
contractor of any newspaper, magazine or other periodical, book publisher, news
agency, wire service, radio or television station or network, cable or satellite station or
network, or audio or audiovisual production company, or any entity that is in the
regular business of news gathering and disseminating news or information to the
public by any means, including, but not limited to, print, broadcast, photographic,
mechanical, internet, or electronic distribution. For purposes of this policy, the
following are indicia of being a member of the media: visual identification as a member
of the press, such as by displaying a professional or authorized press pass or wearing
a professional or authorized press badge or some distinctive clothing that identifies
the wearer as a member of the press.
4) Law Enforcement Procedures
A. Uniform: All officers responding to public assemblies must at all times, including when
wearing protective gear, display their agency name and a unique personal identifier in
compliance with this department’s uniform policy. The chief law enforcement officer must
maintain a record of any officer(s) at the scene who is not in compliance with this
requirement due to exigent circumstances.
B. Officer conduct:
1. Officers shall avoid negative verbal engagement with members of the crowd.
Verbal abuse against officers does not constitute a reason for an arrest or for any
use of force against such individuals.
2. Officers must maintain professional demeanor and remain neutral in word and
deed despite unlawful or anti-social behavior on the part of crowd members.
3. Officers must not take action or fail to take action based on the opinions being
expressed.
4. Officers must not interfere with the rights of members of the public to observe
and document police conduct via video, photographs, or other methods unless
doing so interferes with on-going police activity.
5. Officers must not use a weapon or munition unless the officer has been trained in
the use and qualified in deployment of the weapon/munition.
6. This policy does not preclude officers from taking appropriate action to direct
crowd and vehicular movement; enforce ordinances and statutes; and to maintain
the safety of the crowd, the general public, law enforcement personnel, and
emergency personnel.
i
5. Responses to Crowd Situations
A. Lawful assembly. Individuals or groups present on the public way, such as public
facilities, streets or walkways, generally have the right to assemble, rally, demonstrate,
protest, or otherwise express their views and opinions through varying forms of
communication including the distribution of printed matter. These rights may be limited
by laws or ordinances regulating such matters as the obstruction of individual or vehicle
access or egress, trespass, noise, picketing, distribution of handbills, leafleting and
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 4 of 9
loitering.
B. Unlawful assembly
1. The definition of an unlawful assembly has been set forth in Minnesota Statute
§609.705.
2. The mere failure to obtain a permit, such as a parade permit or sound permit, is not
a sufficient basis to declare an unlawful assembly
3. The fact that some of the demonstrators or organizing groups have engaged in
violent or unlawful acts on prior occasions or demonstrations is not grounds for
declaring an assembly unlawful.
4. Whenever possible, the unlawful behavior of a few participants must not result in
the majority of peaceful protestors being deprived of their First Amendment rights,
unless other participants or officers are threatened with dangerous circumstances.
5. Unless emergency or dangerous circumstances prevent negotiation, crowd
dispersal techniques must not be initiated until after attempts have been made
through contacts with the police liaisons and demonstration or crowd event leaders
to negotiate a resolution of the situation so that the unlawful activity will cease, and
the First Amendment activity can continue.
C. Declaration of Unlawful Assembly
1. If the on-scene supervisor/incident commander has declared an unlawful
assembly, the reasons for the declaration and the names of the decision maker(s)
must be recorded. The declaration and dispersal order must be announced to the
assembly. The name(s) of the officers announcing the declaration should be
recorded, with the time(s) and date(s) documented.
2. The dispersal order must include:
a) Name, rank of person, and agency giving the order
b) Declaration of Unlawful Assembly and reason(s) for declaration
c) Egress or escape routes that may be used
d) Specific consequences of failure to comply with dispersal order
e) How long the group has to comply
3. Whenever possible, dispersal orders should also be given in other languages that
are appropriate for the audience. Officers must recognize that not all crowd
members may be fluent in the language(s) used in the dispersal order.
4. Dispersal announcements must be made in a manner that will ensure that they are
audible over a sufficient area. Dispersal announcements must be made from
different locations when the demonstration is large and noisy. The dispersal
announcements should be repeated after commencement of the dispersal
operation so that persons not present at the original broadcast will understand that
they must leave the area. The announcements must also specify adequate egress
or escape routes. Whenever possible, a minimum of two escape/egress routes
shall be identified and announced.
D. Crowd Dispersal
1. Crowd dispersal techniques should not be initiated until officers have made
repeated announcements to the crowd, or are aware that repeated announcements
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 5 of 9
have been made, asking members of the crowd to voluntarily disperse, and
informing them that, if they do not disperse, they will be subject to arrest.
2. Unless an immediate risk to public safety exists or significant property damage is
occurring, sufficient time will be allowed for a crowd to comply with officer
commands before action is taken.
3. If negotiations and verbal announcements to disperse do not result in voluntary
movement of the crowd, officers may employ additional crowd dispersal tactics,
but only after orders from the on-scene supervisor/incident commander. The use
of these crowd dispersal tactics shall be consistent with the department policy of
using the minimal officer intervention needed to address a crowd management
or control issue.
4. If, after a crowd disperses pursuant to a declaration of unlawful assembly and
subsequently participants assemble at a different geographic location where the
participants are engaged in non-violent and lawful First Amendment activity, such
an assembly cannot be dispersed unless it has been determined that it is an
unlawful assembly, and a new declaration of unlawful assembly has been made.
6. Tactics and Weapons to Disperse or Control a Non-Compliant
Crowd
Nothing in this policy prohibits officers’ abilities to use appropriate force options to defend
themselves or others as defined in the St Joseph Police Department’s Use of Force
policy.
A. Use of Batons
1. Batons must not be used for crowd control, crowd containment, or crowd
dispersal except as specified below.
2. Batons may be visibly displayed and held in a ready position during squad or
platoon formations.
3. When reasonably necessary for protection of the officers or to disperse
individuals in the crowd pursuant to the procedures of this policy, batons may
be used in a pushing, pulling, or jabbing motion. Baton jabs must not be used
indiscriminately against a crowd or group of persons but only against
individuals who are physically aggressive or actively resisting arrest. Baton
jabs should not be used in a crowd control situation against an individual who
is attempting to comply but is physically unable to disperse or move because of
the press of the crowd or some other fixed obstacle.
4. Officers must not strike a person with any baton to the head, neck, throat,
kidneys, spine, or groin, or jab with force to the armpit unless the person has
created an imminent threat of great bodily harm to another.
5. Batons shall not be used against a person who is handcuffed except when
permissible under this department’s Use of Force policy and state law.
B. Restrictions on Crowd Control and Crowd Dispersal
1. Canines. Canines must not be used for crowd control, crowd containment, or
crowd dispersal.
2. Fire Hoses. Fire hoses must not be used for crowd control, crowd containment, or
crowd dispersal.
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 6 of 9
3. Electronic Control Weapons (ECWs) must not be used for crowd control, crowd
containment, or crowd dispersal.
4. Motorcycles and police vehicles must not be used for crowd dispersal, but may be
used for purposes of observation, visible deterrence, traffic control, transportation,
and area control during a crowd event.
5. Skip Fired Specialty Impact Less-Lethal Munitions (Wooden Dowels and Stinger
Grenades) may be used as a last resort if other crowd dispersal techniques have
failed or have been deemed ineffective.
6. Direct Fired munitions may never be used indiscriminately against a crowd or
group of persons even if some members of the crowd or group are violent or
disruptive.
a) Except for exigent circumstances, the on-scene supervisor/incident
commander must authorize the deployment of Direct Fired munitions. Direct
Fired munitions must be used only against a specific individual who is engaging
in conduct that poses an immediate threat of loss of life or serious bodily injury
to them self, officers, or the general public; or is creating an imminent risk to
the lives or safety of other persons through the substantial destruction of
property.
b) Officers shall not discharge a Direct Fired munitions at a person’s head, neck,
throat, face, left armpit, spine, kidneys, or groin unless deadly force would be
justified.
c) When circumstances permit, the on-scene supervisor/incident commander
must make an attempt to accomplish the policing goal without the use of Direct
Fired munitions as described above, and, if practical, an audible warning shall
be given to the subject before deployment of the weapon.
7. Aerosol Hand-held Chemical Agents must not be used in a demonstration or crowd
situation or other civil disorders without the approval of the on-scene
supervisor/incident commander.
a) Aerosol, hand-held, pressurized, containerized chemical agents that emit a
stream shall not be used for crowd management, crowd control, or crowd
dispersal during demonstrations or crowd events. Aerosol hand-held chemical
agents may not be used indiscriminately against a crowd or group of persons,
but only against specific individuals who are engaged in specific acts of serious
unlawful conduct or who are actively resisting arrest.
b) Officers shall use the minimum amount of the chemical agent necessary to
overcome the subject's resistance.
c) When possible, persons should be removed quickly from any area where hand
held chemical agents have been used. Officers must monitor the subject and
pay particular attention to the subject’s ability to breathe following the
application of a chemical agent.
d) A subject who has been sprayed with a hand-held chemical agent shall not be
left lying on their stomach once handcuffed or restrained with any device.
9. Chemical munitions use in a crowd situation is subject to the following:
a) Chemical munitions must be used only when:
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 7 of 9
1) a threat of imminent harm or serious property damage is present, or
other crowd dispersal techniques have failed or did not accomplish the
policing goal as determined by the incident commander,
2) sufficient egress to safely allow the crowd to disperse exists, and
3) The use of chemical munitions is approved by the on-scene
supervisor/incident commander, and
b) When feasible, additional announcements should be made prior to the use of
chemical munitions in a crowd situation warning of the imminent use of chemical
munitions.
c) Deployment of chemical munitions into a crowd must be avoided to prevent
unnecessary injuries.
d) CN chemical munitions are prohibited.
e) The use of each chemical munition must be recorded (time, location), and the
following information must be made available by the department on request :
1) the name of each chemical munition used in an incident,
2) the location and time of use for each munition deployment,
3) access to the safety data sheet (SDS) for chemical munition
f) Where extensive use of chemical munitions would reasonably be anticipated to
impact nearby residents or businesses, agencies should consider proactively
notifying impacted individuals of safety information related to the munitions use
as soon as possible, even if after the event.
g) When chemical munitions are used, an emergency responder will be on standby
at a safe distance near the target area when feasible.
h) Chemical munitions are subject to the same procedural requirements as outlined
in the (law enforcement department)’s UOF policy.
C. Arrests
1. If the crowd has failed to disperse after the required announcements and sufficient
time to disperse, officers may encircle the crowd or a portion of the crowd for
purposes of making multiple simultaneous arrests.
2. Persons who make it clear (e.g., by non-violent civil disobedience) that they
seek to be arrested may be arrested and must not be subjected to other
dispersal techniques, such as the use of batons or chemical agents. Persons
refusing to comply with arrest procedures may be subject to the reasonable
use of force.
3. Arrests of non-violent persons shall be accomplished by verbal commands and
persuasion, handcuffing, lifting, carrying, the use of dollies and/or stretchers,
and/or the use of soft empty hand control holds.
4. Officers must document any injuries reported by an arrestee, and as soon as
practical, officers must obtain professional medical treatment for the arrestee.
5. Juveniles arrested in demonstrations shall be handled consistent with
department policy on arrest, transportation, and detention of juveniles.
6. Officers arresting a person with a disability affecting mobility or communication
must follow the department policy on arrest, transportation, and detention of
persons with disabilities.
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 8 of 9
6. Handcuffs
A. All persons subject to arrest during a demonstration or crowd event shall be
handcuffed in accordance with department policy, orders, and training bulletins.
B. Officers should be cognizant that flex-cuffs may tighten when arrestees hands swell
or move, sometimes simply in response to pain from the cuffs themselves. When
arrestees complain of pain from overly tight flex cuffs, officers must examine the cuffs
and ensure proper fit.
C. Arrestees in flex-cuffs must be monitored to prevent injury.
D. Each unit involved in detention and/or transportation of arrestees with flex-cuffs
should have a flex-cuff cutter and adequate supplies of extra flex-cuffs readily
available.
7. Media.
A. The media have a First Amendment right to cover public activity, including the right to
record video or film, livestream, photograph, or use other mediums.
B. The media must not be restricted to an identified area, and must be permitted to observe
and must be permitted close enough access to view the crowd event and any arrests. An
onsite supervisor/incident commander may identify an area where media may choose to
assemble.
C. Officers will not arrest members of the media unless they are physically obstructing
lawful efforts to disperse the crowd, or efforts to arrest participants, or engaged in
criminal activity.
D. The media must not be targeted for dispersal or enforcement action because of their
media status.
E. Even after a dispersal order has been given, clearly identified media must be
permitted to carry out their professional duties unless their presence would unduly
interfere with the enforcement action.
8. Legal Observers
A. Legal observers, including unaffiliated self -identified legal observers and crowd monitors,
do not have the same legal status as the media, and are subject to laws and orders
similar to any other person or citizen.
B. Legal observers and monitors must comply with all dispersal orders unless the on-site
supervisor/incident commander chooses to allow such an individual legal observers and
monitors to remain in an area after a dispersal order.
C. Legal observers and crowd monitors must not be targeted for dispersal or enforcement
action because of their status.
9. Documentation of Public Assembly and First Amendment
Activity
A. The purpose of any visual documentation by the St Joseph Police Department of a
public assembly or first amendment activity must be related only to:
1) Documentation of the event for the purposes of debriefing,
2) Documentation to establish a visual record for the purposes of responding to
citizen complaints or legal challenges, or
Model Policy on Public Assembly and First Amendment Activity Adopted July 2021 MN POST Board Page 9 of 9
3) Creating visual records for training purposes.
B. If it is the policy of the St Joseph Police Department to videotape and photograph, it
must be done in a manner that minimizes interference with people lawfully participating
in First Amendment activities. Videotaping and photographing of First Amendment
activities must take place only when authorized by the on-site supervisor/incident
commander.
C. Individuals should not be singled out for photographing or recording simply because they
appear to be leaders, organizers, or speakers.
D. Unless evidence of criminal activity is provided, videos or photographs of
demonstrations shall not be disseminated to other government agencies, including
federal, state, and local law enforcement agencies. If videos or photographs are
disseminated or shared with another law enforcement agency, a record should be
created and maintained noting the date and recipient of the information.
E. If there are no pending criminal prosecutions arising from the demonstration or if the
video recording or photographing is not relevant to an Internal Affairs or citizen complaint
investigation or proceedings or to civil litigation arising from police conduct at the
demonstration, the video recording and/or photographs shall be destroyed in accordance
with department policies.
F. This directive shall not prohibit department members from using these videos or footage
from such videos as part of training materials for officers in crowd control and crowd
dispersal techniques and procedures.
1
St. Joseph Police Department
Policy 400
Police Pursuit Policy
Minn. Stat. § 626.8458
I. POLICY
The primary purpose of this policy is to ensure officers and any member of the St Joseph Police
Department respects the sanctity of life when making decisions regarding vehicle pursuits.
Vehicle pursuits expose innocent citizens, law enforcement officers and fleeing violators to the
risk of serious injury or death. The intent of this policy is to provide officers with guidance in
balancing the safety of the public, safety of other officers and themselves, and law
enforcement's duty to apprehend violators of the law, while minimizing the potential for pursuit
related crashes.
II. GUIDING PRINCIPLES
• A decision to pursue should be based upon the totality of information and circumstances
reasonably known to the officer at the time the decision is made, recognizing that law
enforcement must often make immediate decisions with partial information.
• The safety of all persons involved in or by a police pursuit is of primary importance. It
also must balance the risks of the pursuit to the public and peace officers with the
consequences of failing to pursue (Minn. Stat. § 626.8458 Sub. 2 (1).
• No officer will be disciplined for terminating a pursuit.
• Officers, when responding to an emergency call or pursuing a fleeing vehicle shall, when
approaching a stop sign or red light, slow down as necessary for safety, but may
proceed cautiously if they sound a siren or display at least one red light to the front
(Minn. Stat. §169.03(2).
• The speed limitations do not apply to an authorized emergency vehicle responding to an
emergency call or vehicle pursuit, although this does not relieve the driver of an
authorized emergency vehicle from the duty to drive with due regard for the safety of
persons using the street, nor does it protect the driver of an authorized emergency
vehicle from the consequence of a reckless disregard of the safety of others (Minn. Stat.
§169. 177). Officer(s) should consider reducing their speeds and ensuring that the way
is clear before proceeding thru an intersection or other locations where there is an
increased likelihood of a collision with another vehicle or pedestrian. Evaluation of
vehicle speeds should take into consideration public safety, officer safety and the safety
of the occupants of the fleeing vehicle.
2
• Involved officers should frequently re-evaluate factors and conditions to assess the
continuation of the pursuit.
III. DEFINITIONS
A. Pursuit: An active attempt by a sworn member operating a patrol unit or specialty
unmarked unit to apprehend a driver of a motor vehicle who, having been given a visual
and audible signal by a peace officer directing said driver to bring their vehicle to a stop,
increases speed, extinguishes motor vehicle headlights or taillights, refuses to stop the
vehicle, or uses other means with intent to attempt to elude a peace officer (Minn. Stat.
§609.487).
B. Termination of a Pursuit: A pursuit is terminated when the pursuing officer(s) notify
dispatch, turn off their emergency lights and sirens, and reduce speed to the posted speed
limit.
C. Divided Highway: Any highway that is separated into two or more roadways by:
1. A physical barrier, or
2. A clearly indicated dividing section constructed so as to impede vehicular traffic.
D. Channeling: To direct vehicular traffic into a progressively narrowing passageway or lane
location on the roadway.
E. Compelling Path: The use of channeling technique with a modified roadblock located at
its narrowed end. The compelling path differs from a termination roadblock in that the
driver or any vehicle traveling the path has an exit option at the narrowed end.
F. Pursuit Intervention Technique (PIT): A driving maneuver designed to stop a fleeing
motorist by applying precision vehicle-to-vehicle-contact resulting in a predictable spin of
the suspect’s vehicle, bringing it to a stop.
G. Flee: The term "flee" means to increase speed, extinguish motor vehicle headlights or
taillights, refuse to stop the vehicle, or use other means with intent to attempt to elude a
peace officer following a signal given by any peace officer to the driver of a motor vehicle
(Minn. Stat. § 609.487 Subd. 1).
H. Primary Unit: The law enforcement unit that initiates a pursuit or any other unit that
assumes control of the pursuit.
I. Support Units: The primary responsibility is to remain in close proximity to the pursuing
vehicle(s) so that officers are immediately available to render aid or assistance to anyone
who may require it as a result of the pursuit. Support officers may also assume
responsibility for radio traffic, and do not take over/assume control of the pursuit.
J. Other Assisting Units: Units not actively involved in the pursuit itself but assisting by
deploying stop sticks, blocking intersections, compelling paths, or otherwise working to
minimize risk.
3
K. Ramming: The deliberate act of impacting a fleeing offender’s vehicle with another vehicle
to functionally damage or otherwise force the violator to stop.
L. Spike Strips: A device that extends across the roadway and is designed to puncture the
tires of the fleeing offender’s pursued vehicle.
M. Blocking or vehicle intercept: A slow-speed coordinated maneuver where two or more
law enforcement vehicles simultaneously intercept and block the movement of a suspect
vehicle, the driver of which may be unaware of the impending enforcement stop, with the
goal of containment and preventing a pursuit. Blocking is not a moving or stationary
roadblock.
N. Boxing-in: A tactic designed to stop a violator's vehicle by surrounding it with law
enforcement vehicles and then slowing all vehicles to a stop.
O. Paralleling: The practice of non-pursuing squad vehicles driving on streets nearby to the
active pursuit, in a manner parallel to the pursuit route. Parallel driving does not exempt
officers from obeying traffic laws. Minn. Stat. § 169.14, subd. 1.
IV. PROCEDURE
A. Pursuit Considerations – Minn. Stat §626.8458 Subd. 2 (2).
1. Pursuit is justified when the need for immediate apprehension or the risk to public
safety outweighs the risk created as a result of the pursuit.
2. Factors to be considered when weighing risks:
• Severity of the offense (in cases of non-violent offenses, officers should consider
terminating the pursuit).
• Speed of the pursuit
• Area of the pursuit (including the geographical area, time of day, amount of
vehicular and pedestrian traffic)
• Divided highways and one-way roads (Minn. Stat. § 169.03 Subd. 3)
• Approach to intersections that are controlled by traffic signals, signs, or other
location where there is an increased likelihood of a collision (Minn. Stat. §169.03)
• Environmental conditions (weather, visibility, road surface conditions)
• Special hazards (school zones, road construction, parades, special events)
• The ability to identify the offender at a later time
• Age of the suspect and occupants
• Other persons in or on the suspect vehicle
3. Standards applied to the ongoing evaluation of a pursuit, as well as the decision to
continue a pursuit shall include the following considerations:
4
• The immediate need to apprehend the offender outweighs the risk created by the
pursuit.
● The dangers created by the pursuit exceed the dangers posed by allowing the
offender to escape.
● Involved officers should frequently re-evaluate factors and conditions to assess the
continuation of the pursuit.
B. Procedures & Tactics for an Officer Engaging in a Pursuit– Minn. Stat. §
626.8458 Subd. 2 (3)
1. Emergency vehicles shall be driven in a safe manner and with due regard for public
safety.
2. Emergency vehicles operating in emergency mode are permitted to violate certain
traffic regulations, when necessary, as long as the operator continues to exercise due
care in vehicle operation.
C. Responsibilities of the Primary Unit – Minn. Stat. § 626.8458 Subd. 2 (4)
The driver of the primary unit shall notify dispatch of the pursuit and shall provide at least
the following critical information to dispatch when possible:
o Travel direction/location/traffic and road conditions
o Reason for initial contact (specific violations)
o Identity of fleeing driver, if known
o Plate number, if available, and/or vehicle description
o Speed of fleeing vehicle
1. Provide relevant evolving information to dispatch
2. No officer will intentionally make vehicle-to-vehicle contact unless this action is in
conformance with agency policy on use of force (see agency policy on use of force)
3. Roadblocks must conform to the agency’s policy on use of force
4. Only law enforcement vehicles with emergency lights and siren will be used as pursuit
vehicles
5. Unmarked and low-profile agency vehicles may engage in pursuits until a marked
vehicle can take over as the primary vehicle. Officers shall not become engaged in
pursuits while operating a non-departmental (private) motor vehicle or departmental
vehicles not equipped with required emergency equipment.
D. Procedures & Tactics for support units
1. Officers are authorized to use emergency equipment at intersections along the pursuit
path to clear intersections of vehicular and pedestrian traffic to protect the public.
2. When possible, non-pursuing personnel needed at the termination of the pursuit
should respond in a non-emergency manner, obeying all non-emergency traffic laws.
3. All participating units should operate under emergency conditions.
5
E. Supervision of Pursuit Activities
1. The use of a detached supervisor that is not directly involved in the pursuit, when
available, should be considered.
Based on the known information the supervisor, when available, shall monitor the
pursuit in order to take appropriate action to continue or terminate the pursuit (Minn.
Stat. §626.8458 Subd. 2 (4).
2. Procedures regarding control over pursuit activities should include:
• Verbally acknowledge they are monitoring the pursuit.
• Assess critical information necessary to evaluate the continuation of the
pursuit. Evaluate and ensure pursuit is within policy.
• Direct that the pursuit should be discontinued if it is not justified to continue under
the guidelines of this policy or for any other reason.
• Communicate to all involved units if the pursuit should be terminated
3. Options to keep in mind during a pursuit include, but are not limited to:
• Parallel pursuits
• Channeling techniques
• Creating a compelling path
• Air support
• Spike strips or other tire deflation device
• Pursuit Intervention Techniques (PIT)
• Blocking or Vehicle Intercept
• Boxing-in
● Other apprehension or GPS tracking methods - Minn. Stat. §626.8458 Subd 2 (3)
4. Post-pursuit chain of command notifications are required and shall be identified
in each agency’s policy.
F. Dispatch Responsibilities
Upon notification that a pursuit has been initiated, Dispatch will be responsible for the
following (Minn. Stat. § 626.8458 Subd. 2 (4):
● Coordinate pursuit communications of the involved units and personnel.
● Notify and coordinate with other involved or affected agencies as practicable.
● Ensure that a supervisor, if available, is notified of the pursuit.
● Assign an incident number and log all pursuit activities.
● Broadcast pursuit updates as well as other pertinent information as necessary.
G. Factors Influencing the Termination of a Pursuit:
6
The driver of the primary unit and the supervisor shall continually evaluate the risks
and likelihood of a successful apprehension of the suspect and shall consider
terminating the pursuit under the following conditions.
1. The officer deems the conditions of the pursuit too risky for the safe continuation of
the pursuit.
2. A supervisor orders it terminated.
3. Information is communicated that indicates the pursuit is out of compliance with policy.
4. Communication is broken.
5. Visual contact is lost for a reasonable period of time or the direction of travel cannot
be determined.
6. The suspect is known and could be apprehended later, and delaying apprehension
does not create a substantial known risk of injury or death to another.
H. Interjurisdictional Pursuit – Minn. Stat. § 626.8458 Subd. 2 (5).
1. The primary unit shall update critical information to the dispatcher before leaving its
jurisdiction.
2. The primary law enforcement vehicle shall remain the primary vehicle in other
jurisdictions unless the controlling pursuit authority transfers its authority to another
jurisdiction.
3. Upon receiving notification the pursuit is entering another agency’s jurisdiction, the
dispatcher shall forward all critical information possessed by the dispatcher to that
agency.
4. When a pursuit enters this law enforcement agency’s jurisdiction:
• The dispatcher shall update the critical information to the shift supervisor or
other authorized individual identified by the law enforcement agency.
• The controlling pursuit authority shall determine if the pursuit is in conformance
with policy and shall provide appropriate direction to their units.
5. When a pursuit enters another agency's jurisdiction, the primary officer or supervisor,
taking into consideration distance traveled, unfamiliarity with the area and other
pertinent facts, should determine whether to request the other agency to assume the
pursuit. Unless entry into another jurisdiction is expected to be brief, it is generally
recommended that the primary officer or supervisor ensure that notification is provided
to the dispatcher and to each outside jurisdiction into which the pursuit is reasonably
expected to enter, regardless of whether such jurisdiction is expected to assist (Minn.
Stat. § 626.8458 Subd. 2 (5).
If a pursuit from another agency enters the Department’s jurisdiction, Dispatch should
update the on-duty supervisor. No pursuit will continue into another state unless
permission is received from a supervisor, if available, prior to entering that state and
7
the pursuit is of a known or suspected violent felon. Prior to crossing the state line, the
dispatcher will notify the appropriate out of state authority to coordinate the pursuit and
the channels to be used for communications.
I. Fresh pursuit outside state boundaries
If the pursuing officer has received supervisory approval, the officer may continue the
pursuit across state lines with those states, which grant reciprocity. This would include
North Dakota, South Dakota, Iowa, and Wisconsin (Minn. Stat. §626.65, Uniform Law
on Fresh Pursuit; Reciprocal.)
J. Air Support
1. When available, aircraft assistance should be requested. Once the air unit has
established visual contact with the pursued vehicle, it should assume control over the
pursuit. The primary and secondary ground units should consider whether the
participation of an aircraft warrants their continued involvement in the pursuit (Minn.
Stat. § 626.8458 Subd. 2 (4)). The air unit should coordinate the activities of resources
on the ground, report progress of the pursuit and provide officers and supervisors with
details of upcoming traffic congestion, road hazards or other pertinent information to
evaluate whether to continue the pursuit. If ground units are not within visual contact
and the air unit determines that it is unsafe to continue the pursuit, the air unit should
recommend terminating the pursuit.
K. Pursuit Summary Report
1. The primary officer and the supervisor shall file a pursuit summary report.
2. To ensure compliance with Minn. Stat. § 626.5532, the chief law enforcement officer
shall ensure the completion of the State pursuit report form and forward it to the
Commissioner of Public Safety within 30 days following the pursuit.
3. As required in Minn. Stat. §626.5532, the report must contain the following elements:
a) the reason(s) for, and the circumstances surrounding the pursuit;
b) the alleged offense;
c) the length of the pursuit in distance and time;
d) the outcome of the pursuit;
e) any injuries or property damage resulting from the pursuit; and
f) any pending criminal charges against the driver.
g) other information deemed relevant by the Commissioner of Public Safety.
L. Care and Consideration of Victims
If during a pursuit an officer observes or is made aware of an injury to an individual, the
officer shall immediately notify the dispatcher to have the appropriate emergency units
respond. Rendering assistance includes, but is not limited to:
Minn. Stat. §626.8458 Subd. 2 (6)
● Calling an ambulance
● Rendering first aid until the officers are no longer needed at the injury scene
8
● Summoning additional units to the scene for assistance with the injured persons and/or
traffic control
M. Use of Firearms
The use of firearms to disable a pursued vehicle is not generally an effective tactic and
involves all the dangers associated with discharging firearms. Officers should not
discharge firearms during an ongoing pursuit unless the conditions and circumstances
meet the requirements authorizing the use of deadly force. Nothing in this section shall be
construed to prohibit any officer from using a firearm to stop a suspect from using a vehicle
as a deadly weapon.
N. Capture of Suspects
Proper self-discipline and sound professional judgment are the keys to a successful
conclusion of a pursuit and apprehension of evading suspects shall be consistent with the
agency use of force policy and Minn. Stat. §609.06.
O. Evaluation and Critique
After each pursuit, the supervisor and law enforcement agency units involved with the
pursuit will evaluate the pursuit and make recommendations to the chief law enforcement
officer on ways to improve the agency's pursuit policy and tactics.
P. Training
In accordance with POST requirements, all sworn members shall be given initial and
periodic updated training in the department’s pursuit policy and safe emergency vehicle
operation tactics. Emergency Vehicle Operations Course (EVOC) training is minimally
required for each officer every five years. This training shall comply with learning
objectives developed and approved by the board and shall minimally consist of at least
eight hours of classroom and skills-based training every five years per Minn. Stat. §
626.8458 Subd. 5. Continual training should also be considered for those officers
authorized to use the PIT maneuver, spike strip deployment, GPS tracking, and related
pursuit intervention procedures, tactics, and technologies.
STAFF MEMO
Prepared by:
Rhonda Juell
Meeting Date:
2/5/24
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
4e
Reviewed by: Item:
Kayak/Canoe Rental Lease Agreement at Rivers Bend Park
ACTION REQUESTED
Approval of consent agenda automatically approves this item. If pulled, the following action is
requested.
Motion to approve the Lease Agreement between the City of St. Joseph and Brandon Feldhege
to conduct Kayak/Canoe Rentals at Rivers Bend Park from May 24, 2024 – September 30, 2024.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Park Board approved this last year
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
Brandon addressed Council last year at a work session asking for permission to do kayak rentals
out of River’s Bend Park. People call him to rent, he delivers them the kayaks and then picks up
the kayaks when they are done. Nothing is left on site overnight.
BUDGET IMPACT
none
STAFF RECOMMENDED ACTION
Approve the Lease Agreement between the City of St. Joseph and Brandon Feldhege to conduct
Kayak/Canoe Rentals at Rivers Bend Park from May 24, 2024 – September 30, 2024.
SUPPORTING DATA/ATTACHMENTS
Lease Agreement
City of St. Joseph Lease Agreement
The City of St. Joseph, Minnesota (“Landlord”) and Brandon Feldhege (“Tenant”) hereby enter
into a lease agreement (the “Lease”) under the following terms:
Premises. Landlord shall convey to Tenant use of the real property located at: Rivers Bend Park,
formally known as East Park: Area north of the landing in St. Joseph, Minnesota (the
“Premises”). The rental of the Premises is intended solely for use as Kayak/Canoe Rentals. No
other use is allowed without the written permission of the Landlord. The Tenant will make no
alterations to the Premises without the written consent of the Landlord. The Tenant shall not
store explosive, flammable, toxic or other inherently dangerous chemicals or materials on the
Premises. The Tenant shall not sublease any part of the Premises or assign this Lease in whole
or in part without the Landlord's written consent.
Term. The term of this lease shall be from 05/24/2024 until 09/30/2024. The tenant or Landlord
shall have the right to terminate the lease upon 30 days’ written notice to the other party. On
9/30/24 or upon earlier termination of this lease, the tenant shall return the premises to the
landlord in substantially the same condition in which the premises were received by the tenant,
except normal wear and tear.
Rent. The Tenant is obligated to pay the Landlord rent in monthly installments of [$0] due on
the first day of each month. If rent is not paid by the fifth day of the month, a late fee of [$0]
will be imposed.
Security Deposit. The Tenant shall pay a security deposit in the amount of [$0], which will be
maintained by the Landlord as required by law and shall be used to pay for any damages and
repairs for which the Tenant is liable at the end of this Lease.
Utilities. Tenant shall pay all charges for sewer, gas, electricity, telephone and other services and
utilities used by Tenant on the Premises during the term of this Lease.
Furnishings. The Landlord will provide the following furnishings: Garbage containers, Portable
toilet. These furnishings will remain on the Premises at all times and will be returned to the
Landlord in the same condition at the end of the lease, normal wear and tear excepted.
Parking. The Tenant shall have access to parking spaces for the purpose of employee and client
parking.
Property Insurance. The Landlord shall maintain property insurance on the Premises. The
Tenant shall be responsible for maintaining insurance on its personal property in the Premises.
On behalf of the Tenant and its insurer, the Tenant hereby waives and releases any right or claim
to recover damages from the Landlord for any loss to the Tenant’s property. This waiver does
not apply to any loss resulting from the willful, wanton or intentional misconduct of the City or
any person acting on behalf of the City.
Liability Insurance. The Tenant shall maintain Workers’ Compensation Insurance on all
employees working on the premises in accordance with the statutory requirements of the State of
Minnesota. The tenant shall also maintain commercial general liability insurance in the
minimum of $1,500,000 for any number of claims as outlined in MN ST 466.04. The policy
shall cover liability arising from premises, operations, products-completed operations, personal
injury, advertising injury, and contractually assumed liability. The landlord including its elected
and appointed officials, employees, and agents, shall be endorsed as additional insureds. The
tenant shall deliver to the landlord a certificate as evidence that the above coverage is in full
force and effect.
Indemnification. To the fullest extent permitted by law, the Tenant agrees to defend, indemnify
and hold harmless the Landlord, and its employees, officials, and agents from and against all
claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of
the Tenant’s negligence or the Tenant’s failure to perform its obligations under this Lease. The
Tenant agrees this indemnity obligation shall survive the completion or termination of this Lease.
Park Services. The Landlord shall be responsible for janitorial services, general maintenance
and waste disposal.
Repairs. The Landlord shall be responsible for repairs to the Premises. Tenant shall be
responsible for damage caused by the Tenant and its employees and invitees.
Entry. The Landlord shall have the right to enter upon the Premises at reasonable hours to
inspect the same, provided the Landlord shall not thereby unreasonably interfere with the
Tenant's business on the Premises.
Entire Agreement. This Lease supersedes any prior or contemporaneous representations or
agreements, whether written or oral, between the parties and contains the entire agreement.
Amendments. Any modification or amendment to this Lease shall require a written agreement
signed by both parties.
Force Majeure. Neither party shall be liable to the other or deemed in default under this Lease, if
and to the extent that a party’s performance is prevented by reason of force majeure. “Force
majeure” includes war, an act of terrorism, pandemics and epidemics, fire, earthquake, flood and
other circumstances which are beyond the control and without the fault or negligence of a party
and which by the exercise of reasonable diligence the party affected was unable to prevent.
Savings Clause. If any court finds any portion of this Lease to be contrary to law, invalid, or
unenforceable, the remainder of the Lease will remain in full force and effect.
IN WITNESS WHEREOF, the parties, have caused this Agreement to be approved on this _____
day of 20____.
City of St. Joseph, Minnesota
By: _____________________________
Its Mayor
And: ____________________________
Its City Administrator
_________________________________
Tenant
By: _____________________________
Its __________________________
STAFF MEMO
Prepared by:
City Engineer
Meeting Date:
2/5/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4f
Reviewed by:
Item:
Agreement for Geotechnical Services Proposal
ACTION REQUESTED
Approval of consent agenda will approve this item. If the item is pulled, the following action is
requested.
Motion to approve the Braun Intertec Proposal Agreement for geotechnical services for the 2024
Street Improvements and Rivers Bend Park improvements.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION
REFERENCE AND BACKGROUND The attached agreement provides for geotechnical investigation
services associated with the final design phase of the 2024 Street Improvement Project as well as
the Rivers Bend Park Trail and Canoe Access Improvements.
BUDGET IMPACT 2024 Street Imp. $10,230
Rivers Bend Park $4,585
STAFF RECOMMENDED ACTION
Motion to approve the Braun Intertec Proposal Agreement for geotechnical services for the 2024
Street Improvements and Rivers Bend Park improvements.
SUPPORTING DATA/ATTACHMENTS
Braun Intertec Geotechnical Services Proposal
Braun Intertec Corporation
3900 Roosevelt Road, Suite 113
Saint Cloud, MN 56301
Phone: 320.253.9940
Web: brauintertec.com
AA/EOE
February 1, 2024 Proposal QTB190878
City of St. Joseph
c/o Bryce Johnson, PE
Short Elliott Hendrickson, Inc.
2351 Connecticut Avenue South, Suite 300
Sartell, MN 56377
Re: Proposal for a Geotechnical Evaluation
St. Joseph 2024 Street and Trail Improvements and East Park Improvements
Various Streets and Trail Areas
Rivers Bend, East Park Area
St. Joseph, Minnesota
Dear Mr. Johnson:
Braun Intertec Corporation respectfully submits this proposal to complete geotechnical evaluations for
the City of St. Joseph 2024 Street and Trail Improvements projects at the referenced streets and
locations.
Project Information
Per your proposal request, the street and trail improvement project will include improvements to
portions of Iverson Street West, Morningside Loop, 103rd Avenue, Hill Street West, 1st and 2nd Avenue
Southwest, Foxmore Way, 295th Street, Kiwi and Kale Court, Pearl Drive, 304th Street, the trails south of
Klinefelter Park, and the trails south of Dale Street, east of 91st Avenue in St. Joseph, Minnesota.
Improvements will include milling the full depth of the existing bituminous pavements and repaving with
new bituminous pavement. The new pavement sections are intended to meet either a 9- or 10-ton
design. In addition, sanitary sewer and water main utility extensions are being considered on the
northern portion of Pearl Drive. We understand utility invert depths will be 20 feet or less.
The East Park improvement project will include constructing a new bituminous surfaced parking lot and
new bituminous surfaced trails at the new East Park area to the south and west of the intersection of
Cayley Court and County Road 121, adjacent the Sauk River in St. Joseph, Minnesota.
Purpose
The purpose of our geotechnical evaluations will be to characterize subsurface geologic conditions at
selected boring locations, evaluate their impact on the project, and provide geotechnical
recommendations for the design, construction, and reconstruction of the streets, trails, and parking lots
and installation of underground utilities.
City of St. Joseph
Proposal QTB190878
February 1, 2024
Page 2
Scope of Services
We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or
unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope
of services, we will contact you to discuss the conditions before resuming our services.
Site Access
Based on aerial photographs, it appears that the borings are accessible to a truck-mounted drill rig. For the
street and trail project, we will perform the borings through the existing bituminous roads and trails. We
assume there will be no cause for delays in accessing the boring locations. We are not including tree
clearing, debris or obstruction removal, grading of navigable paths, or snow plowing.
Depending on access requirements, ground conditions or potential utility conflicts, our field crew may
alter the boring locations from those proposed to facilitate accessibility.
Our drilling activities may also impact the vegetation and may rut the surface to access boring locations.
Restoration of vegetation and turf is not part of our scope of services.
Staking
We will stake prospective boring locations and obtain surface elevations at those locations using GPS
(Global Positioning System) technology.
Utility Clearance
Prior to drilling, we will contact Gopher State One Call and arrange for notification of the appropriate
utility vendors to mark and clear the boring locations of public underground utilities. You, or your
authorized representative, are responsible to notify us before we begin our work of the presence and
location of any underground objects or private utilities that are not the responsibility of public agencies.
Penetration Test Borings
As requested, we will drill 14 standard penetration test (SPT) borings for the street and trails project, and
3 SPT borings for the East Park project. Table 1 provides a summary of the proposed boring locations and
depths. We will perform standard penetration tests at 2 1/2-foot vertical intervals to a depth of about 15
feet, and at 5-foot intervals at greater depths.
Table 1. Summary of Proposed Borings
Location Type Quantity
Depth
(feet)
Street and Trails SPT 13 10
Northern Portion of Pear Drive
(potential utility extension) SPT 1 24 1/2
East Park SPT 3 10
Total 17 184 1/2
City of St. Joseph
Proposal QTB190878
February 1, 2024
Page 3
If the borings encounter groundwater during or immediately after drilling of each boring, we will record
the observed depth on the boring logs.
If the intended boring depths do not extend through unsuitable material, we will extend the borings at
least 5 feet into suitable material at greater depths. The additional information will help evaluate such
issues as excavation depth, consolidation settlement, and foundation alternatives, among others. If we
identify a need for deeper (or additional) borings, we will contact you prior to increasing our total
estimated drilled footage and submit a Change Order summarizing the anticipated additional effort and
the associated cost, for your review and authorization.
MDH Sealing Record
We are planning the deepest borings to be at least 15 feet and less than 25 feet. Therefore, the Minnesota
Statutes require us to complete a Sealing Record after our completion of the borings. Our proposal includes
the fees for the Minnesota Department of Health (MDH) Sealing Record.
In the event we extend our borings to a depth of 25 feet or greater, the MDH requires us to complete and
submit a Sealing Notification Form for the project. The submission of the Sealing Notification Form will
require a signature from the property owner (or agent). If we extend our borings to a depth of 25 feet or
greater, we will forward on to you a copy of the form for signature.
Borehole Abandonment
We will backfill our boring locations immediately after completing the drilling at each location.
Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. Based on our
proposed subsurface characterization depths, we will seal 24 1/2 linear feet of borehole with grout.
Upon backfilling or sealing boring locations, we will fill bore holes in pavements with a temporary patch.
Sealing boreholes with grout will prevent us from disposing of auger boring cuttings in the completed
boreholes. Unless you direct us otherwise, we intend to thin-spread the cuttings around the boreholes. If
we cannot thin-spread cuttings, we will put them in a container left on site. We can provide off-site
disposal of the cuttings for an additional fee.
Over time, subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing
bituminous or concrete patches. We are not assuming responsibility for re-leveling or re-patching after
we complete our fieldwork.
Sample Review and Laboratory Testing
We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify
and log them. To help classify the materials encountered and estimate the engineering properties
necessary to our analyses, we anticipate performing a total of 10 moisture content tests and 10
mechanical analyses (through a #200 sieve only). We will adjust the actual number and type of tests
based on the results of our borings.
City of St. Joseph
Proposal QTB190878
February 1, 2024
Page 4
Engineering Analyses
We will use data obtained from the boring and laboratory tests to evaluate the subsurface profile and
groundwater conditions, and to perform engineering analyses related to pavement design and
performance.
Reports
We will prepare two reports, each including the following applicable information:
▪ A sketch showing the boring locations.
▪ Logs of the borings describing the materials encountered and presenting the results of our
groundwater measurements and laboratory tests.
▪ A summary of the subsurface profile and groundwater conditions.
▪ Discussion identifying the subsurface conditions that will impact design and construction.
▪ Discussion regarding the reuse of on-site materials during construction.
▪ Recommendations for preparing structure and pavement subgrades, and the selection,
placement, and compaction of fill.
▪ Recommendations for the design and reconstruction of pavements including an assumed R-
value and 9-ton and 10-ton pavement design sections.
▪ Recommendations for installation of underground utilities.
We will only submit electronic copies of our reports to you unless you request otherwise. At your
request, we can also send the report to additional project team members.
Schedule
We anticipate performing our work according to the following schedule.
▪ Drill rig mobilization – within about 2 weeks following receipt of written authorization
▪ Field exploration – 2 days on site to complete the work
▪ Classification and laboratory testing – within 1 to 2 weeks after completion of field
exploration
▪ Preliminary results – within 1 to 2 weeks after completion of field exploration
▪ Final report submittals – within about 2 to 3 weeks after completion of field exploration
City of St. Joseph
Proposal QTB190878
February 1, 2024
Page 5
If we cannot complete our proposed scope of services according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Fees
Table 2 provides the proposed fees for the projects. Please note that our drilling/field services were
budgeted to occur within our normal work hours of 7:00 a.m. to 4:00 p.m., Monday through Friday. If
conditions occur that require us to work outside of these hours, we will request additional fees to cover
our additional overtime costs.
Table 2. Proposed Fee Breakdown
Project Fee
2024 St. Joseph Street and Trails Improvements $10,230
2024 St. Joseph East Park Improvements $4,585
Total $14,815
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its
entirety.
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that others will not delay us beyond our proposed schedule.
City of St. Joseph
Proposal QTB190878
February 1, 2024
Page 6
We include the Braun Intertec General Conditions, which provide additional terms and are a part of our
agreement.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Andrew Hillerud at 218.260.0930 (ahillerud@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Andrew J. Hillerud, PE
Project Engineer
Steven A. Thayer, PE
Business Unit Manager, Senior Engineer
Attachment:
General Conditions (1/1/18)
The proposal is accepted, and you are authorized to proceed.
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
General Conditions
GC Page 1 of 2
Section 1: Agreement
1.1 Our agreement with you consists of these
General Conditions and the accompanying written
proposal or authorization (“Agreement”). This
Agreement is the entire agreement between you
and us. It supersedes prior agreements. It may be
modified only in a writing signed by us, making
specific reference to the provision modified.
1.2 The words “you,” “we,” “us,” and “our”
include officers, employees, and subcontractors.
1.3 In the event you use a purchase order or
other documentation to authorize our scope of
work (“Services”), any conflicting or additional
terms are not part of this Agreement. Directing us
to start work prior to execution of this Agreement
constitutes your acceptance. If, however, mutually
acceptable terms cannot be established, we have
the right to terminate this Agreement without
liability to you or others, and you will compensate
us for fees earned and expenses incurred up to the
time of termination.
Section 2: Our Responsibilities
2.1 We will provide Services specifically
described in this Agreement. You agree that we
are not responsible for services that are not
expressly included in this Agreement. Unless
otherwise agreed in writing, our findings, opinions,
and recommendations will be provided to you in
writing. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
2.2 In performing our professional services, we
will use that degree of care and skill ordinarily
exercised under similar circumstances by
reputable members of our profession practicing in
the same locality. If you direct us to deviate from
our recommended procedures, you agree to hold
us harmless from claims, damages, and expenses
arising out of your direction. If during the one year
period following completion of Services it is
determined that the above standards have not
been met and you have promptly notified us in
writing of such failure, we will perform, at our
cost, such corrective services as may be necessary,
within the original scope in this Agreement, to
remedy such deficiency. Remedies set forth in this
section constitute your sole and exclusive recourse
with respect to the performance or quality of
Services.
2.3 We will reference our field observations and
sampling to available reference points, but we will
not survey, set, or check the accuracy of those
points unless we accept that duty in writing.
Locations of field observations or sampling
described in our report or shown on our sketches
are based on information provided by others or
estimates made by our personnel. You agree that
such dimensions, depths, or elevations are
approximations unless specifically stated
otherwise in the report. You accept the inherent
risk that samples or observations may not be
representative of things not sampled or seen and
further that site conditions may vary over distance
or change over time.
2.4 Our duties do not include supervising or
directing your representatives or contractors or
commenting on, overseeing, or providing the
means and methods of their services unless
expressly set forth in this Agreement. We will not
be responsible for the failure of your contractors,
and the providing of Services will not relieve
others of their responsibilities to you or to others.
2.5 We will provide a health and safety program
for our employees, but we will not be responsible
for contractor, owner, project, or site health or
safety.
2.6 You will provide, at no cost to us,
appropriate site safety measures as to work areas
to be observed or inspected by us. Our employees
are authorized by you to refuse to work under
conditions that may be unsafe.
2.7 Unless a fixed fee is indicated, our price is an
estimate of our project costs and expenses based
on information available to us and our experience
and knowledge. Such estimates are an exercise of
our professional judgment and are not guaranteed
or warranted. Actual costs may vary. You should
allow a contingency in addition to estimated costs.
Section 3: Your Responsibilities
3.1 You will provide us with prior environmental,
geotechnical and other reports, specifications,
plans, and information to which you have access
about the site. You agree to provide us with all
plans, changes in plans, and new information as to
site conditions until we have completed Services.
3.2 You will provide access to the site. In the
performance of Services some site damage is
normal even when due care is exercised. We will
use reasonable care to minimize damage to the
site. We have not included the cost of restoration
of damage in the estimated charges.
3.3 You agree to provide us, in a timely manner,
with information that you have regarding buried
objects at the site. We will not be responsible for
locating buried objects at the site. You agree to
hold us harmless, defend, and indemnify us from
claims, damages, losses, penalties and expenses
(including attorney fees) involving buried objects
that were not properly marked or identified or of
which you had knowledge but did not timely call to
our attention or correctly show on the plans you or
others furnished to us.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials present on any work site or in
a sample provided to us. You agree to provide us
with information in your possession or control
relating to such materials or samples. If we
observe or suspect the presence of contaminants
not anticipated in this Agreement, we may
terminate Services without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
3.5 Neither this Agreement nor the providing of
Services will operate to make us an owner,
operator, generator, transporter, treater, storer,
or a disposal facility within the meaning of the
Resource Conservation Recovery Act, as amended,
or within the meaning of any other law governing
the handling, treatment, storage, or disposal of
hazardous substances. You agree to hold us
harmless, defend, and indemnify us from any
damages, claims, damages, penalties or losses
resulting from the storage, removal, hauling or
disposal of such substances.
3.6 Monitoring wells are your property, and you
are responsible for their permitting, maintenance,
and abandonment unless expressly set forth
otherwise in this Agreement.
3.7 You agree to make all disclosures required by
law. In the event you do not own the project site,
you acknowledge that it is your duty to inform the
owner of the discovery or release of contaminants
at the site. You agree to hold us harmless, defend,
and indemnify us from claims, damages, penalties,
or losses and expenses, including attorney fees,
related to failures to make disclosures, disclosures
made by us that are required by law, and from
claims related to the informing or failure to inform
the site owner of the discovery of contaminants.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report in an electronic format.
4.2 Our reports, notes, calculations, and other
documents and our computer software and data
are instruments of our service to you, and they
remain our property. We hereby grant you a
license to use the reports and related information
we provide only for the related project and for the
purposes disclosed to us. You may not transfer our
reports to others or use them for a purpose for
which they were not prepared without our written
approval. You agree to indemnify, defend, and
hold us harmless from claims, damages, losses,
and expenses, including attorney fees, arising out
of such a transfer or use.
4.3 If you do not pay for Services in full as
agreed, we may retain work not yet delivered to
you and you agree to return to us all of our work
that is in your possession or under your control.
4.4 Samples and field data remaining after tests
are conducted and field and laboratory equipment
that cannot be adequately cleansed of
contaminants are and continue to be your
property. They may be discarded or returned to
you, at our discretion, unless within 15 days of the
report date you give us written direction to store
or transfer the materials at your expense.
4.5 Electronic data, reports, photographs,
samples, and other materials provided by you or
others may be discarded or returned to you, at our
discretion, unless within 15 days of the report date
you give us written direction to store or transfer
the materials at your expense.
GC Revised 1/1/2018 Page 2 of 2
Section 5: Compensation
5.1 You will pay for Services as stated in this
Agreement. If such payment references our
Schedule of Charges, the invoicing will be based
upon the most current schedule. An estimated
amount is not a firm figure. You agree to pay all
sales taxes and other taxes based on your
payment of our compensation. Our performance is
subject to credit approval and payment of any
specified retainer.
5.2 You will notify us of billing disputes within 15
days. You will pay undisputed portions of invoices
upon receipt. You agree to pay interest on unpaid
balances beginning 30 days after invoice dates at
the rate of 1.5% per month, or at the maximum
rate allowed by law.
5.3 If you direct us to invoice a third party, we
may do so, but you agree to be responsible for our
compensation unless the third party is
creditworthy (in our sole opinion) and provides
written acceptance of all terms of this Agreement.
5.4 Your obligation to pay for Services under this
Agreement is not contingent on your ability to
obtain financing, governmental or regulatory
agency approval, permits, final adjudication of any
lawsuit, your successful completion of any project,
receipt of payment from a third party, or any
other event. No retainage will be withheld.
5.5 If you do not pay us in accordance with this
Agreement, you agree to reimburse all costs and
expenses for collection of the moneys invoiced,
including but not limited to attorney fees and staff
time.
5.6 You agree to compensate us in accordance
with our Schedule of Charges if we are asked or
required to respond to legal process arising out of
a proceeding related to the project and as to
which we are not a party.
5.7 If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work changes, or if changed labor
conditions result in increased costs, decreased
efficiency, or delays, or if the standards or
methods change, we will give you timely notice,
the schedule will be extended for each day of
delay, and we will be compensated for costs and
expenses incurred in accordance with our
Schedule of Charges.
5.8 If you fail to pay us in accordance with this
Agreement, we may consider the default a total
breach of this Agreement and, at our option,
terminate our duties without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
5.9 In consideration of our providing insurance
to cover claims made by you, you hereby waive
any right to offset fees otherwise due us.
Section 6: Disputes, Damage, and Risk Allocation
6.1 Each of us will exercise good faith efforts to
resolve disputes without litigation. Such efforts
will include, but not be limited to, a meeting(s)
attended by each party’s representative(s)
empowered to resolve the dispute. Before either
of us commences an action against the other,
disputes (except collections) will be submitted to
mediation.
6.2 Notwithstanding anything to the contrary in
this Agreement, neither party hereto shall be
responsible or held liable to the other for
punitive, indirect, incidental, or consequential
damages, or liability for loss of use, loss of
business opportunity, loss of profit or revenue,
loss of product or output, or business
interruption.
6.3 You and we agree that any action in relation
to an alleged breach of our standard of care or this
Agreement shall be commenced within one year
of the date of the breach or of the date of
substantial completion of Services, whichever is
earlier, without regard to the date the breach is
discovered. Any action not brought within that
one year time period shall be barred, without
regard to any other limitations period set forth by
law or statute. We will not be liable unless you
have notified us within 30 days of the date of such
breach and unless you have given us an
opportunity to investigate and to recommend
ways of mitigating damages. You agree not to
make a claim against us unless you have provided
us at least 30 days prior to the institution of any
legal proceeding against us with a written
certificate executed by an appropriately licensed
professional specifying and certifying each and
every act or omission that you contend constitutes
a violation of the standard of care governing our
professional services. Should you fail to meet the
conditions above, you agree to fully release us
from any liability for such allegation.
6.4 For you to obtain the benefit of a fee which
includes a reasonable allowance for risks, you
agree that our aggregate liability for all claims
will not exceed the fee paid for Services or
$50,000, whichever is greater. If you are
unwilling to accept this allocation of risk, we will
increase our aggregate liability to $100,000
provided that, within 10 days of the date of this
Agreement, you provide payment in an amount
that will increase our fees by 10%, but not less
than $500, to compensate us for the greater risk
undertaken. This increased fee is not the purchase
of insurance.
6.5 You agree to indemnify us from all liability
to others in excess of the risk allocation stated
herein and to insure this obligation. In addition,
all indemnities and limitations of liability set
forth in this Agreement apply however the same
may arise, whether in contract, tort, statute,
equity or other theory of law, including, but not
limited to, the breach of any legal duty or the
fault, negligence, or strict liability of either party.
6.6 This Agreement shall be governed,
construed, and enforced in accordance with the
laws of the state in which our servicing office is
located, without regard to its conflict of laws rules.
The laws of the state of our servicing office will
govern all disputes, and all claims shall be heard in
the state or federal courts for that state. Each of
us waives trial by jury.
6.7 No officer or employee acting within the
scope of employment shall have individual liability
for his or her acts or omissions, and you agree not
to make a claim against individual officers or
employees.
Section 7: General Indemnification
7.1 We will indemnify and hold you harmless
from and against demands, damages, and
expenses of others to the comparative extent they
are caused by our negligent acts or omissions or
those negligent acts or omissions of persons for
whom we are legally responsible. You will
indemnify and hold us harmless from and against
demands, damages, and expenses of others to the
comparative extent they are caused by your
negligent acts or omissions or those negligent acts
or omissions of persons for whom you are legally
responsible.
7.2 To the extent it may be necessary to
indemnify either of us under Section 7.1, you and
we expressly waive, in favor of the other only, any
immunity or exemption from liability that exists
under any worker compensation law.
7.3 You agree to indemnify us against losses and
costs arising out of claims of patent or copyright
infringement as to any process or system that is
specified or selected by you or by others on your
behalf.
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance to
you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
negligence.
8.2 You and we, for ourselves and our insurers,
waive all claims and rights of subrogation for
losses arising out of causes of loss covered by our
respective insurance policies.
8.3 Neither of us will assign or transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign or
otherwise transfer or encumber any proceeds or
expected proceeds or compensation from the
project or project claims to any third person,
whether directly or as collateral or otherwise.
8.4 This Agreement may be terminated early
only in writing. You will compensate us for fees
earned for performance completed and expenses
incurred up to the time of termination.
8.5 If any provision of this Agreement is held
invalid or unenforceable, then such provision will
be modified to reflect the parties' intention. All
remaining provisions of this Agreement shall
remain in full force and effect.
8.6 No waiver of any right or privilege of either
party will occur upon such party's failure to insist
on performance of any term, condition, or
instruction, or failure to exercise any right or
privilege or its waiver of any breach.
STAFF MEMO
Prepared by:
City Engineer
Meeting Date:
2/5/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4g
Reviewed by:
Item:
Agreement for Final Design Phase Engineering Services
ACTION REQUESTED
Motion approving the consent agenda will automatically approve this item. If pulled, the
following motion is requested.
Motion to approve the Supplemental Letter Agreement with SEH for the final design phase of
the 2024 Street Improvement Project.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION Council executed agreement for preparation of project feasibility
report and conducted the public hearing improvement on January 16, 2024.
REFERENCE AND BACKGROUND The attached agreement provides for topographic survey and
final design services associated with the final design phase of the proposed infrastructure
improvements.
BUDGET IMPACT $123,000
STAFF RECOMMENDED ACTION
Motion to approve the Supplemental Letter Agreement with SEH for the final design phase of
the 2024 Street Improvement Project.
SUPPORTING DATA/ATTACHMENTS
SEH Supplemental Letter Agreement
Short Elliott Hendrickson Inc. Letter Agreement - 1 City of Saint Joseph
Affirmative Action, Equal Opportunity Employer (Rev. 04.01.24)
Supplemental Letter Agreement
In accordance with the Master Agreement for Professional Services between City of Saint Joseph (“Client”), and
Short Elliott Hendrickson Inc. (“Consultant”), effective July 1, 2006, this Supplemental Letter Agreement dated
January 31, 2024 authorizes and describes the scope, schedule, and payment conditions for Consultant’s work
on the Project described as: 2024 Street Improvements.
Client’s Authorized Representative: David Murphy
Address: 75 Callaway St E, Saint Joseph, Minnesota, 56374
Telephone: 320.229.9424 email: dmurphy@cityofstjoseph.com
Project Manager: Bryce Johnson
Address: 2351 Connecticut Avenue, Suite 300, Sartell, Minnesota 56377
Telephone: 320.229.4381 email: bjohnson@sehinc.com
This letter supplements the Agreement for Professional Services between City of St. Joseph, Minnesota, Owner,
and Short Elliott Hendrickson Inc. (SEH) dated July 1, 2006, and addresses providing Design Phase services in
connection with street and trail resurfacing and sidewalk improvements in the Foxmore Hollow subdivision (1st
Avenue SW, Foxmore Way, and 2nd Avenue SW), Reischls Hillside Estates subdivision (Hill Street West, 3rd
Avenue SW), Morningside Acres Second Addition subdivision (Iverson Street West, Morningside Loop), Forest
Manor subdivision (Kiwi Court, Kale Court, 295th Street), and St. Joseph Industrial Park East Subdivision (Pearl
Drive, and 304th Street), and trail reconstruction improvements in Kleinfelter Park and the Liberty Pointe 2nd
Addition, south of Dale Street and Jefferson Lane (hereinafter called the “Project”).
Scope: The Services to be provided by Consultant:
Task 1: Topographic Field Survey:
• Establish a survey control network (vertical and horizontal).
• Place a Gopher State One-Call utility locate request, and meet on-site as may be required, with the
private utility locators.
• Survey location of field-identified private and public utilities within the Project corridors.
• Survey ground surface and above-ground features within the corridor to create a design-accurate ground
surface model suitable for creating 2-foot contours (Hill Street West, 3rd Avenue SW, Pearl Drive, 304th
Street, Klinefelter Park and Liberty Pointe 2nd Addition areas only).
• Survey above-ground utility features only (manhole castings and gate valve boxes) between the existing
curb and gutter lines, or bituminous edge limits (elsewhere in the Project)
Task 2: Final Design Services
• Prepare construction drawings(plans) and specifications for the Project based on the approved Feasibility
Report dated December 18, 2023, and amended to remove the areas of Leaf Road and Polar Circle.
• Furnish a final engineer’s opinion of probable construction cost for the Project based on the completed
drawings and specifications.
• Provide assistance with preparing and submitting regulatory agency permit applications.
o Anticipated permits: MPCA NPDES Construction Storm Water, SRWD Construction Stormwater
Permit, and Stearns County Right of Way.
• Assist the Owner in preparing final special assessment roll and conducting the Chapter 429 special
assessment public hearing. Assistance does not include providing legal counsel or appraisal services
related to measuring special market value benefits associated with the Project.
• Prepare proposal form and notice to bidders.
• Assist the Owner in obtaining and evaluating bids and awarding a contract for construction of the Project.
Short Elliott Hendrickson Inc. Letter Agreement - 2 City of Saint Joseph
(Rev. 04.01.24)
o Prepare proposal form and notice to bidders.
o Answer pre-bid questions from bidders.
o Conduct a virtual bid opening through QuestCDN.
o Review and tabulate bids received by the Owner.
Additional Services:
We will also furnish such Additional Services as you may request or as required. Additional Services that may be
provided, but are not included in the proposed scope of work, include:
• Preparation of environmental documents (mitigation permits).
• Attendance at regulatory agency review meetings.
• Reproduction of deliverables in addition to the scope identified above.
• Right of way acquisition/platting services.
• Construction Phase Services.
Assumptions:
The following assumptions were made in preparing this proposal:
• Surfaces will be visible for survey with little to no snow cover (< 3 inches).
• Client will provide Consultant with any other studies, reports, plans, plats, easements, electronic CAD
files, or other data that may be of assistance.
• Our proposal does not account for any time spent correcting ambiguities in the legal description to clear
title on the surveyed property.
Schedule: We will start our services promptly after receipt of your authorization. We estimate our services will be
completed after 4 months. If there are delays in the Project that are beyond our control, you agree to grant
additional time to complete the services.
You will pay us a fee for our services, currently estimated to be $123,000, in accordance with Exhibit C-2, Lump
Sum method.
Payment for additional services shall be based on the time required to perform the services and the billable rates
for the principals and employees engaged directly on the Project, plus charges for expenses and equipment, all in
accordance with Exhibit C-1.
Your budgetary limitations for construction of the Project should be provided to us in writing at an early date. We
will endeavor to work within those limitations. Where appropriate, if the estimated cost exceeds the budget, we
will either request an adjustment in the budget or suggest a revision in the extent or quality of the Project to assist
in bringing construction cost back within the budget. We do not guarantee that our opinions of probable
construction cost will not differ materially from negotiated prices or bids. If you wish greater assurance as to
probable construction cost or if you wish formal estimates, an independent cost estimator should be employed as
provided in Section IV.A. of the Agreement and in Exhibit B.
This letter and the Agreement for Professional Services dated July 1, 2006, along with Exhibits A, B, C-1, and D
represent the entire understanding between you and us in respect of the Project and may only be modified in
writing signed by both of us. If it satisfactorily sets forth your understanding of our agreement, please sign the
enclosed copy of this letter in the space provided below and return it to us.
Other Terms and Conditions: Other or additional terms contrary to the Master Agreement for Professional
Services that apply solely to this project as specifically agreed to by signature of the Parties and set forth herein:
None.
Short Elliott Hendrickson Inc. Letter Agreement - 3 City of Saint Joseph
(Rev. 04.01.24)
Short Elliott Hendrickson Inc. City of Saint Joseph
By: By:
Full Name:
Title:
Randy Sabart
Principal
Full Name:
Title:
02/01/2024
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STERLING DR
304TH ST
RIDGEWOOD RD
EDGE MILL & OVERLAY,
1ST AVE SW, 2ND AVE SW,
AND FOXMORE WAY
RECLAIM & REPAVE,
HILL ST W, 3RD AVE SW,
IVERSON ST W, AND
MORNINGSIDE LOOP
RECLAIM & REPAVE,
KLINEFELTER MEMORIAL PARK
RECLAIM & REPAVE
FOREST MANOR
SUBDIVISION
RECLAIM & REPAVE,
LIBERTY POINTE TRAIL
RECLAIM & REPAVE,
ST. JOSPEH INDUSTRIAL
PARK EAST
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4
E MINNESOTA ST
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
2/5/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
4h
Reviewed by:
Item:
Off-Premise Gambling Permit
ACTION REQUESTED
Approving the consent agenda approves this item. If pulled, the following action is requested.
Approve Resolution 2024-008 approving application to conduct off-site gambling for Waite Park
Babe Ruth, Inc. at Sal’s Bar & Grill, 109 MN St W.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
The Council must review and accept gambling permits that will allow for lawful gambling at specific
sites. Waite Park Babe Ruth, Inc. has submitted an application to conduct lawful gambling at Sal’s
Bar & Grill, 109 MN ST W.
Per Ordinance 602, each organization conducting lawful gambling within the City of St. Joseph shall
annually expend at least 10% of its net proceeds from gambling within the trade area of the City of
St. Joseph. The trade area is defined as an area within 15 miles of the City limits. Gambling reports
are submitted to the Finance Director on a quarterly basis.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Approve Resolution 2024-008 approving application to conduct off-site gambling for Waite Park
Babe Ruth, Inc. at Sal’s Bar & Grill, 109 MN St W.
SUPPORTING DATA/ATTACHMENTS
LG214 Premises Permit Application
Resolution 2024-008
MINNESOTA LAWFUL GAMBLING
LG214 Premises Permit Application Annual Fee $150 (NON-REFUNDABLE)
REQUIRED ATTACHMENTS TO LG214
Mail the application and required attachments to:
Minnesota Gambling Control Board
1711 West County Road B, Suite 300 South
Roseville, MN 55113
Questions? Call 651-539-1900 and ask for Licensing.
1.If the premises is leased, attach a copy of your lease. Use LG215
Lease for Lawful Gambling Activity.
2.$150 annual premises permit fee, for each permit (non-refundable).
Make check payable to "State of Minnesota."
ORGANIZATION INFORMATION
Organization Name: _______________________________________________ License Number: _________________________
Chief Executive Officer (CEO) ________________________________________ Daytime Phone: __________________________
Gambling Manager: ________________________________________________ Daytime Phone: __________________________
GAMBLING PREMISES INFORMATION
Current name of site where gambling will be conducted: ____________________________________________________________
List any previous names for this location:
____________________________________ _________________________________ _________________________________
Street address where premises is located: ______________________________________________________________________
(Do not use a P.O. box number or mailing address.)
City: OR Township:County: Zip Code:
Does your organization own the building where the gambling will be conducted?
___ Yes ___ No If no, attach LG215 Lease for Lawful Gambling Activity.
A lease is not required if only a raffle will be conducted.
Is any other organization conducting gambling at this site? ___ Yes ___ No ___ Don't know
Note: Bar bingo can only be conducted at a site where another form of lawful gambling is being conducted by the applying organi-
zation or another permitted organization. Electronic games can only be conducted at a site where paper pull-tabs are played.
Has your organization previously conducted gambling at this site? ___ Yes ___ No ___ Don't know
GAMBLING BANK ACCOUNT INFORMATION; MUST BE IN MINNESOTA
Bank Name: ______________________________________________ Bank Account Number: _____________________________
Bank Street Address: ________________________________ City: ____________________ State: MN Zip Code: _____________
ALL TEMPORARY AND PERMANENT OFF-SITE STORAGE SPACES
Address (Do not use a P.O. box number): City: State: Zip Code:
____________________________________________________ _____________________________ _____ ____________
____________________________________________________ _____________________________ _____ ____________
____________________________________________________ _____________________________ _____ ____________
6/15 Page 1 of 2
MN
MN
MN
LG214 Premises Permit Application
ACKNOWLEDGMENT BY LOCAL UNIT OF GOVERNMENT: APPROVAL BY RESOLUTION
CITY APPROVAL
for a gambling premises
located within city limits
COUNTY APPROVAL
for a gambling premises
located in a township
City Name: _________________________________________
Date Approved by City Council: _________________________
Resolution Number: __________________________________
(If none, attach meeting minutes.)
Signature of City Personnel:
__________________________________________________
Title: ________________________ Date Signed: __________
County Name: _________________________________________
Date Approved by County Board: __________________________
Resolution Number: _____________________________________
(If none, attach meeting minutes.)
Signature of County Personnel:
_____________________________________________________
Title: ________________________ Date Signed: _____________
TOWNSHIP NAME: ______________________________________
Complete below only if required by the county.
On behalf of the township, I acknowledge that the organization is
applying to conduct gambling activity within the township limits.
(A township has no statutory authority to approve or deny an
application, per Minnesota Statutes 349.213, Subd. 2.)
Print Township Name: ___________________________________
Signature of Township Officer: ____________________________
Title: _______________________ Date Signed: ______________
ACKNOWLEDGMENT AND OATH
1.I hereby consent that local law enforcement officers,
the Board or its agents, and the commissioners of
revenue or public safety and their agents may enter
and inspect the premises.
2.The Board and its agents, and the commissioners of
revenue and public safety and their agents, are
authorized to inspect the bank records of the gambling
account whenever necessary to fulfill requirements of
current gambling rules and law.
3.I have read this application and all information
submitted to the Board is true, accurate, and complete.
4.All required information has been fully disclosed.
5.I am the chief executive officer of the organization.
6.I assume full responsibility for the fair and lawful operation of
all activities to be conducted.
7.I will familiarize myself with the laws of Minnesota governing
lawful gambling and rules of the Board and agree, if licensed,
to abide by those laws and rules, including amendments to
them.
8.Any changes in application information will be submitted to the
Board no later than ten days after the change has taken
effect.
9.I understand that failure to provide required information or
providing false or misleading information may result in the
denial or revocation of the license.
10.I understand the fee is non-refundable regardless of license
approval/denial.
____________________________________________________________ ______________________________
Signature of Chief Executive Officer (designee may not sign) Date
Data privacy notice: The information requested on this
form (and any attachments) will be used by the
Gambling Control Board (Board) to determine your
organization’s qualifications to be involved in lawful
gambling activities in Minnesota. Your organization has
the right to refuse to supply the information; however,
if your organization refuses to supply this information,
the Board may not be able to determine your
organization’s qualifications and, as a consequence,
may refuse to issue a permit. If your organization
supplies the information requested, the Board will be
able to process your organization’s application. Your
organization’s name and address will be public
information when received by the Board.
All other information provided will be
private data about your organization until
the Board issues the permit. When the
Board issues the permit, all information
provided will become public. If the Board
does not issue a permit, all information
provided remains private, with the
exception of your organization’s name and
address which will remain public. Private
data about your organization are available
to: Board members, Board staff whose
work requires access to the information;
Minnesota’s Department of Public Safety,
Attorney General, Commissioners of
Administration, Minnesota Management &
Budget, and Revenue; Legislative Auditor,
national and international gambling
regulatory agencies; anyone pursuant to
court order; other individuals and agencies
specifically authorized by state or federal law
to have access to the information; individuals
and agencies for which law or legal order
authorizes a new use or sharing of
information after this notice was given; and
anyone with your written consent.
This form will be made available in alternative format, i.e. large print, braille, upon request.
Local unit of government
must sign.
6/15 Page 2 of 2
An equal opportunity employer
RESOLUTION 2024-008
RESOLUTION APPROVING APPLICATION FOR PREMISE PERMIT
FOR WAITE PARK BABE RUTH, INC
WHEREAS, Ordinance 602 of the St. Joseph Code of Ordinances outlines the regulations regarding
lawful gambling activities; and
WHEREAS, Waite Park Babe Ruth, Inc. has submitted the required applications; and
WHEREAS, Waite Park Babe Ruth, Inc. has historically complied with all the requirements of
Ordinance 602 of the St. Joseph Code of Ordinances.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA: the application submitted by the Waite Park Babe Ruth, Inc. to conduct lawful gambling
at Sal’s Bar and Grill, 109 Minnesota Street West, St. Joseph, MN 56374, is hereby approved.
ADOPTED by the City Council this 5th day of February, 2024.
CITY OF ST. JOSEPH
Rick Schultz, Mayor
ATTEST
David Murphy, City Administrator
STAFF MEMO
Prepared by:
City Clerk/Engineering
Meeting Date:
2-5-24
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
5
Reviewed by:
Item:
Amendment to Resolution Ordering Improvement and
Preparation of Plans for 2024 Street Improvements
ACTION REQUESTED
Approve Resolution 2024-007 Ordering Improvement and Preparation of Plans for 2024 Street
Improvements.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION Council held the public improvement hearing on January 16th, 2024.
Council also met on January 23, 2024 in a work session and discussed the project areas based off
of feedback received during the public hearing. It was determined that the improvements to Leaf
Road and Polar Circle would be delayed and therefore removed from the scope of the 2024 Street
Improvement Project.
The included resolution reflects those changes to the project scope.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Approve Resolution 2024-007 Ordering Improvement and Preparation of Plans for 2024 Street
Improvements.
SUPPORTING DATA/ATTACHMENTS
Resolution 2024-007
RESOLUTION 2024-007
ORDERING IMPROVEMENT AND PREPARATION OF PLANS
2024 Street Improvements
WHEREAS, a resolution of the city council adopted on the 18th day of December, 2023, fixed a date
for a council hearing for the 2024 Street Improvements which was subsequently held on January 16,
2024, at which all persons desiring to be heard were given an opportunity to be heard; and
WHEREAS, on January 16, 2024, Resolution 2024-002 Ordering Improvement and Preparation of
Plans was approved by the St. Joseph City Council; and
WHEREAS, the St. Joseph City Council met in a workshop setting on January 23, 2024, to discuss
the project locations for the 2024 Street Improvements; and
WHEREAS, the following areas have been removed from the 2024 Street Improvement Project:
improvements to Leaf Road and Polar Circle; and
WHEREAS, it was determined that such improvements will be made to the following areas as part
of the 2024 Street Improvement Project: street resurfacing in parts of the Foxmore Hollow
subdivision (1st Avenue SW, Foxmore Way, and 2nd Avenue SW), Reischls Hillside Estates
subdivision (Hill Street West, 3rd Avenue SW), Morningside Acres Second Addition subdivision
(Iverson Street West, Morningside Loop), Forest Manor subdivision (Kiwi Court, Kale Court, 295th
Street), and St. Joseph Industrial Park East Subdivision (Pearl Drive, and 304th Street), and studying
trail reconstruction improvements in Klinefelter Park and the Liberty Pointe 2nd Addition, south of
Dale Street and Jefferson Lane (hereinafter called the “Project”); assessing the benefited properties
for a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA:
1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility
report.
2. Such improvement is hereby ordered as proposed in the council resolution adopted this 5th
day of February, 2024.
3. SEH is here by designated as the engineer for this improvement. The engineer shall prepare
plans and specifications for the making of such improvement.
4. In accordance with Resolution 2020-031, the City intends to reimburse itself for project
expenditures incurred by the City prior to the issuance of project bonds as stated in Exhibit
A.
Adopted by the council on this 5th day of February, 2024.
Rick Schultz, Mayor
ATTEST
David Murphy, City Administrator
EXHIBIT A
Declaration of Official Intent
The undersigned, being the duly appointed and acting City Administrator of the
City of St. Joseph, Minnesota (the "City"), pursuant to and for purposes of compliance
with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal
Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as
follows:
1. The undersigned has been and is on the date hereof duly authorized by the City
Council of the City to make and execute this Declaration of Official Intent (the
"Declaration") for and on behalf of the City.
2. This Declaration relates to the following project, property or program (the
"Project") and the costs thereof to be financed:
3. The City reasonably expects to reimburse itself for the payment of certain costs of
the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds")
to be issued after the date of payment of such costs. As of the date hereof, the City
reasonably expects that $____________ is the maximum principal amount of the
Bonds which will be issued to finance the Project.
4. Each expenditure to be reimbursed from the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures
described in Section 1.150-2(d)(3) of the Regulations.
5. As of the date hereof, the statements and expectations contained in this Declaration
are believed to be reasonable and accurate.
Date: February 5, 2024.
_______________________________________
City Administrator
City of St. Joseph, Minnesota
STAFF MEMO
Prepared by:
Rhonda Juell
Meeting Date:
2/5/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
6
Reviewed by:
Item:
Hire Part-Time Recreation Coordinator
ACTION REQUESTED
Approve hiring Dillon Haider as the Recreation Coordinator
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION
Council has agreed to this addition at a workshop and at Council meetings
REFERENCE AND BACKGROUND
The Recreation Department would like to add more activities and therefore needs another
person to help with programming.
The position was posted on the city website and League of MN Cities and a number of
applications were received. Recreation Director Rhonda Juell and City Administrator David
Murphy conducted the interviews. Dillon Haider was selected for the position.
Mr. Haider’s official start date will be February 15th
BUDGET IMPACT
$25,495
STAFF RECOMMENDED ACTION
Approve the hire of Dillon Haider for the part-time Recreation Coordinator position.
SUPPORTING DATA/ATTACHMENTS
STAFF MEMO
Prepared by:
Public Works Director
Meeting Date:
02/05/2024
☐Consent Agenda Item
☒Regular Agenda Item
Agenda Item #
Reviewed by:
City Administrator
Item:
Promotion of Utility Worker
ACTION REQUESTED
Promote Joe Pekarek to Utility Worker Position
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
None – Not applicable.
PREVIOUS COUNCIL ACTION
December 4th, 2023 council adopted the 2024 Budget which includes an addition grade 6
Utility Worker position to the PW staff.
REFERENCE AND BACKGROUND
This position was posted internally only as required by the AFSCME contract for a period of 7
calendar days. Two applications were received.
There was an interview process conducted on January 19th 2024. We used a formal interview
process with a panel of members using a point-based system of questions.
Joe Pekarek began his employment with the City of St. Joseph in 2007. Over the years Joe has
continued to further his education and knowledge of the job by attending additional educational
courses and trainings held around the area. Joe has a great personality and work ethic which
assist the Utility Department to excel.
BUDGET IMPACT
Included in the 2024 budget.
STAFF RECOMMENDED ACTION
Move Joe Pekarek to Grade 6, Step 7 effective February 6th 2024.
SUPPORTING DATA/ATTACHMENTS
Utility Worker description
7