HomeMy WebLinkAbout10.07.24
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
October 7, 2024
6:00 PM
Join Zoom Meeting
https://us06web.zoom.us/j/81646337329?pwd=7I6aQA3OVGUiI2wAFgWQi0q7V9ZylD.1
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Passcode: 390053
1. 6:00 PM Call to order - Pledge of Allegiance
2. Life Saving Award Presentation
3. 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.
4. Approve Agenda
5. Consent Agenda
a. Minutes – Requested Action: Approve the minutes of September 16th, 2024.
b. Bills Payable – Requested Action: Approve Check Numbers 62411-62473, Account
Payable & Payroll EFT #3485-3505; Regular Pay Period 19 & 20.
c. Purchase of Soccer Goals – Requested Action: Approve the purchase of new soccer
goals from Keeper Goals for $6,548.00.
d. Payment Application No. 4, 2023 Street Improvements – Requested Action: Approve
payment application no. 4 to Larson Excavating Contractors, Inc. in the amount of
$864,804.89 for the 2023 Street Improvement Project.
e. Safe Road Zones Grant Agreement – County Road 121 and Lanigan Way – Requested
Action: Authorize the City Administrator to execute the grant agreement.
f. Appointment of Election Judges for November 5, 2024 General Election – Requested
Action: Appoint the election judges for November 5, 2024 as presented and authorize
staff to appoint additional judges if necessary.
g. Recreation Coordinator Hire, Kyle Rauch – Requested Action: Hire Kyle Rauch as the
part-time Recreation Coordinator.
h. Water Main Investigation Agreement with Lake Superior Consulting – Requested Action:
Authorize City Administrator to execute the agreement.
i. Safety Fencing and Padding at Memorial Park Baseball Field – Requested Action:
Approve using funds up to $8,000 to purchase safety fencing and padding for the dugouts
at the Memorial Park Baseball Field.
j. Payment Application No. 1, 2024 Street Improvements – Requested Action: Approve
payment application no. 1 to Knife River Corporation – North Central in the amount of
$325,189.67 for the 2024 Street Improvement Project.
k. Payment Application No. 2, Pickleball Court Improvements – Requested Action:
Approve payment application no. 2 to Diversified Paving in the amount of $168,083.19 for
the Pickleball Court Improvements.
6. Public Hearing – Delinquent Account Assessment Hearing
7. Rental License Revocation – 109 College Ave N and 409 College Ave N
8. Municipal Dispensary Agreement
9. Department Reports
10. Mayor and Council Reports/Updates
11. Adjourn
STAFF MEMO
Prepared by:
Matt Johnson
Meeting Date:
October 7, 2024
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
2
Reviewed by:
David Murphy
Item:
Life Saving Award Presentation
ACTION REQUESTED:
Present Lifesaving awards to the following:
St Joseph Police Department: Chief Dwight Pfannenstein, Officer Daniel Pfannenstein
St Joseph Fire Department: Chief Jeff Taufen, Assistant Chief David Salzer, Captain Ken Jacobson,
Captain Andrew Kremer, Firefighter Jake Richter, Firefighter Andrew Mooney
Little Saints Academy Staff: Desirae Walz, Taylor Markfort
Mayo Ambulance: Paramedic Heather Usherwood, Paramedic Tyler Palm, EMT Ryan Welle
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
On July 8, 2024, St Joseph Police, St Joseph Fire/Rescue, and Mayo Ambulance were dispatched
to a medical at Little Saints Academy. When arriving, they found LSA staff preforming CPR on a
male laying on the floor. Chief Pfannenstein and Officer Pfannenstein immediately took over
patient care, finding no pulse, and applied an AED. After delivering two shocks, and several
rounds of compressions along with assisting SJFD members, the male began to breathe, and a
pulse was located. Mayo ambulance arrived and transported the male to St Cloud Hospital.
Because of the swift action and training, Luke Stangler is joining us at the council meeting, along
with his family.
BUDGET IMPACT N/A
STAFF RECOMMENDED ACTION
Present life saving awards, and pins, to those involved with the resuscitation of Stangler.
SUPPORTING DATA/ATTACHMENTS
None
September 16, 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 Monday, September 16, 2024, at 5:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Adam Scepaniak, Kevin Kluesner, Bob Loso,
Kelly Beniek
City Representatives Present: Administrator David Murphy, Finance Director Lori Bartlett, Public Works
Director Ryan Wensmann, Community Development Director Nate Keller, Police Chief Dwight
Pfannenstein, Recreation Director Rhonda Juell, City Engineer Randy Sabart
Facility Rentals: Schultz noted that the Council had discussed the past couple of years about whether to
charge all organizations for use of city facilities. There are a number of organizations that currently use
facilities at no charge. Schultz believes that the Lions should be an exception to being charged because
they donate significantly to the city.
Loso, Beniek, and Kluesner believe that it should be an all or nothing deal. If you don’t charge for one
organization, then you cannot charge the others.
Juell suggested only allowing those that can prove they are a 501-C3 can use the facility at no charge.
Scepaniak added that the 501 (c)(3) organizations need to be St. Joseph based.
Council consensus is to permit organizations that are based in St. Joseph and can prove their 501 (c)(3)
status to use city facilities at no charge. These organizations are still required to submit a damage
deposit.
2025 Street Improvements: Sabart presented the proposed areas for 2025 Street Improvements which
would include the following areas: Portions of Callaway Street, Morningside Acres, Baker Street is on the
plan for 2026, Graceview Estates 2, Cloverdale Estates, Pondview Ridge 5,6,7, Portions of 8th Avenue,
Portions of MN Street, Portions 3rd Avenue NW , Cedar Street, Date Street, 1st Ave NW (these portions
can be delayed)
The streets proposed for 2025 are generally 18-22 years old and are indicated on the 2019 Pavement
Maintenance Plan.
The next step in the process would be to commission the Feasibility Report which would start the Chapter
429 process.
2025 Budget: Bartlett stated she doesn’t have anything new for this evening. She incorporated
suggestions the council provided to her.
Loso asked why the Fire Chief & Assistant Chief salary increases are still in the budget. Bartlett stated
she didn’t have a consensus from the council to remove the increases.
Kluesner suggested having an inflationary increase to Fire Department salaries annually so there are not
big jumps in pay.
Bartlett stated the County Auditor came back with better market value rates which will make a positive
impact on residents’ taxes.
Work session was adjourned at 5:46PM.
Kayla Klein
City Clerk
September 16th, 2024
Page 1 of 4
Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session
on Monday, September 16th, 2024, at 6:00PM in the St. Joseph Government Center.
Members Present: Mayor Rick Schultz, Councilmembers Adam Scepaniak, Bob Loso, Kelly Beniek,
Kevin Kluesner
City Representatives Present: City Administrator David Murphy, Public Works Director Ryan Wensmann,
Police Chief Dwight Pfannenstein, Finance Director Lori Bartlett, Community Development Director Nate
Keller, City Engineer Randy Sabart
Public Comments: None.
Approve Agenda: Scepaniak motioned to approve the agenda; seconded by Kluesner and passed
unanimously.
Consent Agenda: Loso motioned to approve the consent agenda; seconded by Kluesner and
passed unanimously.
a. Minutes – Requested Action: Approve the minutes of September 3, 2024.
b. Bills Payable – Requested Action: Approve Check Numbers 62363-62410, Account Payable
& Payroll EFT # 3471-3484; Regular Pay Period 18.
c. Donations – Requested Action: Approve Resolution 2024-043 accepting donations.
d. Financial Report – Reported Action: Approve the August 2024 financial reports as
presented.
e. Conditional Use Permit Extension – Summit Commons, LLC – Requested Action: Approve
Resolution 2024-055 Conditional Use Permit Approval Extension for Summit Commons LLC.
f. Accept Resignation and Authorize Hire, Recreation Coordinator – Requested Action: Accept
the resignation of Dillon Haider and authorize staff to begin the hiring process for his
replacement.
g. New Steel Roof on Public Works Facility – Requested Action: Approve bid from Minnesota
Home Improvements in the amount of $99,235.00 for a new steel roof on the Public Works
Facility.
h. Proof of Parking – Premier Stone – Requested Action: Approve the proof of parking plan
submitted by Premier Stone.
Rocktoberfest Street Closure: Mayor Schultz provided background on council action dating back to July
1st which approved the Rocktoberfest Special Event Permit application and street closures related to the
event. Since then, event organizers have come to feel the approved street closures will be detrimental to
the event and have asked the council to reconsider the street closure approved in July. Event organizers
are requesting the street closure to be reduced to MN Street East to 1st Avenue and College Avenue
South to Baker Street.
Chief Pfannenstein explained he had recently spoken with Daryl Schaefer, one of the event’s organizers.
After speaking with Schaefer, Pfannenstein realized there had been a misunderstanding regarding the
scope of street closures that were approved in July.
Pfannenstein went on to explain if the street closures are amended traffic would be allowed on College
Avenue North and MN Street W est, turning the intersection of MN Street/College Avenue into an L shape
for motorized traffic. The crosswalks on the east and south side of the intersection will be blocked off to
allow pedestrian traffic.
Beniek asked where handicap drop offs would occur if this street closure were amended.
Pfannenstein explained the Heritage Hall Parking lot could be used for handicap parking as well as a drop
of site if the event organizers choose. Being College Avenue South is closed this would allow pedestrians
to walk safely across the street to the event.
September 16th, 2024
Page 2 of 4
Staff and council continued discussion regarding amending the street closure to allow the opening of two
streets for motorized traffic, pedestrian safety, and the possibility that the intersection of College
Avenue/MN Street may be used as a drop off/pickup location.
Murphy shared the only street closure for the 2023 Rocktoberfest Event was from the intersection of
College Avenue South to Baker Street.
Kluesner made a motion to reconsider the street closures as they relate to the Special Event
Permit submitted by the St. Joseph Booster Club for the Rocktoberfest Event to be held
September 28th, 2024. The motion was seconded by Loso.
Aye: Schultz, Loso, Kluesner, Scepaniak Motion Prevails 4:1
Nay: Beniek
Scepaniak stated for the record if the council approves the requested street closure amendment; consent
is not given for the intersection to be used as a drop off/pick up location. For the safety of the public, our
officers, and those staffing the event traffic laws must be followed.
Pfannenstein stated that if congestion becomes a problem again this year that the city may have to
consider increasing the street closures in 2025 to keep everyone safe.
Schultz made a motion to amend the street closures as they relate to the Special Event Permit
submitted by the St. Joseph Booster Club for the Rocktoberfest event to be held September 28th,
2024. Streets will be closed at the intersection of MN Street/College Avenue from MN Street East
to 1st Avenue and from College Avenue South to Baker Street. The motion was seconded by
Kluesner.
Aye: Kluesner, Shultz, Loso Motion Prevails 3:2
Nay: Beniek, Scepaniak
Conditional Use Permit – Interstate Bearings: Keller presented a Conditional Use Permit submitted by
Interstate Bearings. The proposal includes constructing a 16,500 square foot facility consisting of
warehouse and office space. All storage will be within the facility. The site location is east of Dollar
General and west of the Northland Plaza building. Traffic at the location will be limited to once a day or
every other day for delivery trucks, and appointment based for suppliers. The applicant has proposed a
loading dock bay that will face west towards Dollar General. Staff are working with the applicant on site
plan approval. Within the Finding of Fact staff have included requirements to screen the loading dock
from Highway 75. The Planning Commission recommended approval of the Finding of Fact C.U.P.
resolution 6-0 at their September 9th meeting. A public hearing was held at that meeting as well; no one
spoke, and no written comments were received.
Beniek asked if Interstate Bearings has been made aware of Elm Street East extension scheduled for
2025.
Keller explained the Elm Street East extension has been reviewed with the applicant.
Sabart projected a graphic depicting the Elm Street East extension and explained how the street
improvement will look once completed. He also noted the site plan for Interstate Bearings would be
compatible with the Elm Street East improvements.
Loso made a motion to approve the C.U.P. Finding of Fact Resolution 2024-056; seconded by
Kluesner and passed unanimously.
Ordinance Amendments:
a. Beekeeping: Keller shared that at a May council work session direction was given to staff to work on
drafting an ordinance which would allow residents to have honeybee hives in residential areas. The
Planning Commission has been discussing the topic since June. At the September 9th PC meeting a
public hearing was held and the PC voted 6-0 to approve the final draft of the ordinance amendment.
September 16th, 2024
Page 3 of 4
Keller continued by providing the council with an overview of the changes that would be made to City
code if the ordinance amendment were approved.
Beniek asked if there was a reason behind the PC’s decision to forego a permit process.
Keller responded by explaining the ordinance is written as such that there is enforcement guidelines built
in should they need to be addressed/enforced.
Beniek shared that keeping records of residents who are beekeeping may open opportunities for the city
to partner with the state for grants and education.
Kluesner echoed Beniek’ s suggestion to require a permitting process. He also asked who would be
responsible for ordinance enforcement should there be a complaint.
Keller explained he would follow up on complaints and enforcement of the ordinance.
Schultz shared that he reached out to neighboring cities to discuss and get feedback on their honeybee
ordinance. He explained that most cities require a permit and limit the number of colonies based on yard
size. Shultz is in favor of the city implementing a permit process as well.
Beniek made a motion to approve Ordinance 2024-004 adding Subdivision 19, 3a to state that
permits are required at no cost; seconded by Schultz.
Aye: Beniek, Schultz, Kluesner, Loso Motion Prevails 4:1
Nay: Scepaniak
Schulz made a motion to approve Summary Publication 2024-057; seconded by Scepaniak and
passed unanimously.
b. Short Term Rental: Keller shared that at a May council work session direction was given to staff to
work with the Planning Commission on drafting an ordinance amendment that would allow short-term
rentals in residential and commercial districts. The past several months the PC has held discussions,
reviewed drafts, and studied other ordinances. At the September 9th PC meeting the commission
voted 6-0 to approve the draft amendment that consists of staff, legal, and commission input. A public
hearing was also held at the September 9th meeting; no one spoke. Keller gave an overview of the
various ways to regulate short-term rentals, the goals of the PC and staff, and goals the ordinance
would accomplish.
Beniek shared that she would like more time to review the presented information. At this time, she does
not feel short-term rentals would be advantageous in residential areas but is agreeable to the use in
commercially zoned areas.
Keller explained the home must be owner occupied to qualify under the ordinance to be used as a short-
term rental. He also explained properties in commercially zoned areas do not have that stipulation.
Councilmembers continued discussion with regards to:
• Keeping the residential feel of neighborhoods whilst allowing short-term rentals.
• Enforcement procedures that are already in place designed to deal with noise and other
complaints that may stem from a short-term renter.
• The idea that homes which are not well kept will not bring in short-term renters; therefore,
residential neighborhoods should not experience a decline in the quality of the neighborhood.
Schultz made a motion to table the short-term rental ordinance, directing staff to bring drafted
language with stricter language in the residential zoned areas to council workshop for further
discussion. The motion was seconded by Loso and passed unanimously.
Kinetic: Scott Justvig of Kinetic provided an update on recent YMCA/Community Center campaign
committee efforts.
September 16th, 2024
Page 4 of 4
2025 Preliminary Budget & Levy: Finance Director Lori Bartlett presented the 2025 Preliminary Budget
and Levy. Bartlett shared budget discussions began back in May. Since that time, capital improvement
projects, the capital equipment plan, staff budgets, dues and memberships, overall operational budgets,
and recommendations from various boards and commissions have all been taken into consideration and
are compiled into the preliminary budget. MN State Law requires the preliminary budget, and levy to be
adopted by September 30th. Bartlett explained the levy amount cannot be increased before final adoption
in December; however, may be decreased before final adoption in December.
Loso made a motion to adopt Resolution 2024-059 adopting the preliminary 2025 Budget and
proposed 2024 tax levy, collectible in 2025; seconded by Kluesner and passed unanimously.
Schultz made a motion setting the public hearing for the final budget and levy for December 2nd,
2024, at 6:00PM in the St. Joseph council chambers; the motion was seconded by Loso and
passed unanimously.
Department Reports: None.
Mayor and Council Reports/Updates: Schultz shared he attended the APO meeting last week. The
budget discussion regarding the southwest beltline distribution of costs was tabled because members
from neighboring counties were not in attendance. The discussion has been rescheduled for October.
Adjourn: Kluesner made a motion to adjourn at 7:30PM; the motion was seconded by Beniek and
passed unanimously.
Kayla Klein
City Clerk
STAFF MEMO
Prepared by:
Debbie Kulzer
Meeting Date:
10/7/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
5b
Reviewed by:
Item:
Bills Payables
ACTION REQUESTED
Approve the bills payables as presented.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
none
PREVIOUS COUNCIL ACTION
See below
REFERENCE AND BACKGROUND
The council approved staff to make the following payments through the payroll contracts, regular
monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at
previous council meetings. The information here is to provide you all checks and electronic
payments made for verification of the disbursement completeness.
BUDGET IMPACT
Bills Payable – Checks Mailed Prior to Council Approval
Regular PP 19 & 20 $145,006.64
Payroll & Accounts Payable EFT #3485 - #3505 $141,696.21
Check Numbers #62411 - #62461 $132,084.40
Total $418,787.25
Bills Payable – Checks Awaiting Council Approval
Check Numbers - #62462 - #62473 $107,664.74
Total $107,664.74
Total Budget/Fiscal Impact: $526,451.99 Various Funds
STAFF RECOMMENDED ACTION
Approve the bills payables as presented.
SUPPORTING DATA/ATTACHMENTS
Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval.
GL Check Check Vendor Invoice Invoice Check
Period Issue Date Number Number Payee Number GL Account Amount
24-Sep 9/18/2024 ACH PAYROLL REG PP 19 VARIOUS 71,512.77$
24-Oct 10/2/2024 ACH PAYROLL REG PP 20 VARIOUS 73,493.87$
24-Sep 9/19/2024 3485 106468 AMERICAN FUNDS PR0913241 101-21705 150.00$
24-Sep 9/19/2024 3486 1224 EFTPS PR0913241 101-21703 21,781.59$
24-Sep 9/19/2024 3487 897 MN DEPARTMENT OF REVENUE PR0913241 101-21702 4,804.50$
24-Sep 9/19/2024 3488 63 PERA PR0913241 101-21704 21,681.27$
24-Sep 9/19/2024 3489 105209 SENTRY BANK PR0913241 101-21715 1,969.60$
24-Sep 9/19/2024 3490 106189 VOYA FINANCIAL PR0913241 101-21705 1,850.00$
24-Sep 9/19/2024 3491 108126 WEX PR0913241 101-21715 792.92$
24-Sep 9/26/2024 3492 107770 CIRCLE K FLEET - HOLIDAY AUG 2024 STMT 602-49450-205 1,653.05$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - DAVID 101-41430-331 7.22$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - KAYLA 101-41410-331 1,013.13$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - LORI 101-41530-331 2,692.36$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - NATE 101-41910-310 468.00$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - PD 101-42120-210 354.69$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - PW 101-45202-220 2,071.66$
24-Sep 9/26/2024 3493 108258 MAGNIFI FINANCIAL CREDIT CARD AUG 24 STMT - RHONDA 101-45204-308 23.46$
24-Sep 9/26/2024 3494 897 MN DEPARTMENT OF REVENUE AUGUST 2024 SALES/USE TAX 603-00000-31320 9,796.00$
24-Sep 9/26/2024 3495 100136 XCEL ENERGY 892266078 652-43160-386 14,347.98$
24-Sep 9/30/2024 3496 106422 KWIK TRIP AUGUST 2024 STMT - PD 101-42152-230 2,094.84$
24-Sep 9/30/2024 3496 106422 KWIK TRIP AUGUST 2024 STMT - PW & FIRE 602-49450-205 1,206.19$
24-Sep 9/30/2024 3497 108294 MAGNIFI DEBIT CARD September 2024 STMT 101-45202-230 73.30$
24-Sep 9/30/2024 3498 108126 WEX 0002018616-IN 101-41430-300 24.75$
24-Oct 10/2/2024 3499 106468 AMERICAN FUNDS PR0927241 101-21705 150.00$
24-Oct 10/2/2024 3500 1224 EFTPS PR0927241 101-21703 21,784.64$
24-Oct 10/2/2024 3501 897 MN DEPARTMENT OF REVENUE PR0927241 101-21702 4,757.24$
24-Oct 10/2/2024 3502 63 PERA PR0927241 101-21704 21,535.29$
24-Oct 10/2/2024 3502 63 PERA PR0927241.2 101-21704 0.01$
24-Oct 10/2/2024 3503 105209 SENTRY BANK PR0927241 101-21715 1,969.60$
24-Oct 10/2/2024 3504 106189 VOYA FINANCIAL PR0927241 101-21705 1,850.00$
24-Oct 10/2/2024 3505 108126 WEX PR0927241 101-21715 792.92$
24-Sep 9/19/2024 62411 38 AUTO VALUE PARTS STORES - WEST 8080535 101-43125-230 15.90$
24-Sep 9/19/2024 62411 38 AUTO VALUE PARTS STORES - WEST 8081763 101-43125-230 29.97$
24-Sep 9/19/2024 62411 38 AUTO VALUE PARTS STORES - WEST 8081772 101-45202-230 47.13$
24-Sep 9/19/2024 62411 38 AUTO VALUE PARTS STORES - WEST 8083170 101-43125-230 42.98$
24-Sep 9/19/2024 62412 108078 BENCO EQUIPMENT-ST CLOUD 404008307 101-43125-230 148.00$
24-Sep 9/19/2024 62413 145 CENTRAL HYDRAULICS INC 626933 101-43125-230 172.10$
24-Sep 9/19/2024 62414 106513 CENTRAL LANDSCAPE SUPPLY INC 328030 101-45202-210 267.30$
24-Sep 9/19/2024 62415 107996 CIVIC SYSTEMS LLC CVC25520 101-41530-310 1,975.00$
24-Sep 9/19/2024 62416 204 EARL F. ANDERSEN, INC 0137382-IN 101-43120-210 222.95$
24-Sep 9/19/2024 62417 108301 FLEETPRIDE INC 119921028 601-49421-220 22.72$
24-Sep 9/19/2024 62418 36 HAWKINS INC 6852550 601-49420-210 1,599.98$
24-Sep 9/19/2024 62418 36 HAWKINS INC 6857471 601-49421-210 2,487.34$
24-Sep 9/19/2024 62418 36 HAWKINS INC 6857472 601-49420-210 3,129.03$
24-Sep 9/19/2024 62419 108346 KPOWER YOGA 07.31.24 101-45204-308 168.00$
24-Sep 9/19/2024 62420 15 LEAGUE OF MN CITIES 411593 101-41110-433 2,823.00$
24-Sep 9/19/2024 62421 107502 LEXISNEXIS 1694850-20240831 101-42120-300 112.55$
24-Sep 9/19/2024 62422 105249 MELROSE IMPLEMENT INC 388024 101-43125-230 130.16$
24-Sep 9/19/2024 62423 105417 MIDCONTINENT COMMUNICATION 1.57323E+13 101-42151-321 30.00$
24-Sep 9/19/2024 62424 146 MIDWAY IRON AND METAL INC 589013 101-45202-230 48.10$
24-Sep 9/19/2024 62424 146 MIDWAY IRON AND METAL INC 589677 101-43125-230 142.56$
24-Sep 9/19/2024 62425 108254 MIGHTY AUTO PARTS IV105979 101-42152-230 49.98$
24-Sep 9/19/2024 62426 460 MINNESOTA COMPUTER SYSTEMS 407496 101-43201-410 75.49$
24-Sep 9/19/2024 62427 156 MINNESOTA HOME IMPROVEMENT2024 - 1/3 DOWN PAYMENT 110-43201-220 33,079.00$
24-Sep 9/19/2024 62428 1616 MVTL LABORATORIES INC 1268429 602-49480-312 155.50$
24-Sep 9/19/2024 62428 1616 MVTL LABORATORIES INC 1269573 602-49480-312 220.00$
24-Sep 9/19/2024 62429 105529 NELSON SANITATION & RENTAL INCINV/2024/13207 101-45202-300 110.00$
24-Sep 9/19/2024 62429 105529 NELSON SANITATION & RENTAL INCINV/2024/13208 101-45202-300 110.00$
24-Sep 9/19/2024 62429 105529 NELSON SANITATION & RENTAL INCINV/2024/13209 101-45202-300 65.00$
24-Sep 9/19/2024 62430 102717 NORTHLAND SECURITIES INC INV-PF023 319-47100-621 50.00$
24-Sep 9/19/2024 62431 106764 O REILLY AUTO PARTS 5771-346431 601-49440-214 17.98$
24-Sep 9/19/2024 62431 106764 O REILLY AUTO PARTS 5771-346750 101-42152-230 28.64$
24-Sep 9/19/2024 62431 106764 O REILLY AUTO PARTS 5771-346758 101-42152-230 4.59$
24-Sep 9/19/2024 62431 106764 O REILLY AUTO PARTS 5771-347528 101-45202-230 65.82$
24-Sep 9/19/2024 62431 106764 O REILLY AUTO PARTS 5771-348119 101-43125-230 29.99$
24-Sep 9/19/2024 62432 103475 POWERHOUSE OUTDOOR EQUIP 710905 101-45202-230 17.78$
24-Sep 9/19/2024 62432 103475 POWERHOUSE OUTDOOR EQUIP 712413 101-45202-210 13.89$
24-Sep 9/19/2024 62433 103544 PROMOTIONAL RESOURCES INC 36117 101-43120-171 113.98$
24-Sep 9/19/2024 62434 107580 QUADIENT POSTAGE FUNDING 09.11.24 603-43230-201 500.00$
24-Sep 9/19/2024 62435 108304 REAL TIME TRANSLATION 118171 101-42120-300 79.30$
24-Sep 9/19/2024 62436 105615 SHIFT TECHNOLOGIES INC 13314 651-49490-310 8,218.51$
24-Sep 9/19/2024 62437 108348 SWORSKI, COLE 09.10.24 101-45202-230 300.00$
24-Sep 9/19/2024 62438 108351 TAMM, CAROLE REFUND 09.07.24 101-45202-34782 200.00$
24-Sep 9/19/2024 62439 110 TIREMAXX SERVICE CENTERS 110012 602-49450-230 905.28$
24-Sep 9/19/2024 62440 169 ZEP MANUFACTURING INC 9010258429 101-45202-210 338.09$
24-Sep 9/26/2024 62441 108352 ALERT-ALL CORPORATION W39029 210-42220-314 747.00$
24-Sep 9/26/2024 62442 101628 BRILL, SHIRLIE AND MARK 2024 CPR REIMBURSEMENT 210-42240-443 38.75$
24-Sep 9/26/2024 62443 107807 CENTRAL MOTORCAR SPECIALTIES 20281 210-42260-230 2,125.79$
24-Sep 9/26/2024 62444 1265 CINTAS CORPORATION NO. 2 AUG 24 STMT 101-41430-210 1,575.21$
24-Sep 9/26/2024 62445 104893 COLD SPRING CO-OP Aug 24 STMT 101-45202-210 491.39$
24-Sep 9/26/2024 62446 378 EMERGENCY APPARATUS MAINT. I 132274 210-42260-230 469.22$
24-Sep 9/26/2024 62446 378 EMERGENCY APPARATUS MAINT. I 132275 210-42260-230 351.66$
24-Sep 9/26/2024 62447 592 GALLS INC 28470474 210-42220-580 47.34$
24-Sep 9/26/2024 62447 592 GALLS INC 28524238 210-42220-580 132.54$
24-Sep 9/26/2024 62447 592 GALLS INC 28524269 210-42220-580 135.95$
24-Sep 9/26/2024 62447 592 GALLS INC 28769307 210-42220-580 165.59$
24-Sep 9/26/2024 62448 76 GRANITE ELECTRONICS 2245935 210-42250-220 242.43$
24-Sep 9/26/2024 62449 1 LEES ACE HARDWARE AUG 24 STMT 101-41430-210 194.81$
24-Sep 9/26/2024 62450 151 MACQUEEN EMERGENCY INC P35667 210-42220-300 1,650.00$
24-Sep 9/26/2024 62451 172 MARCO BUSINESS PRODUCTS 538208687 101-41430-410 482.29$
24-Sep 9/26/2024 62452 107738 MIKE'S ELECTRIC 3191 210-42280-220 250.00$
24-Sep 9/26/2024 62453 460 MINNESOTA COMPUTER SYSTEMS 402560 210-42210-200 89.83$
24-Sep 9/26/2024 62453 460 MINNESOTA COMPUTER SYSTEMS 406231 210-42210-410 85.00$
24-Sep 9/26/2024 62454 108350 MOON MOTORSPORTS 8757752 210-42220-585 29,583.00$
24-Sep 9/26/2024 62455 108304 REAL TIME TRANSLATION 118218 101-42120-300 107.90$
24-Sep 9/26/2024 62456 48 SEH INC 472972 419-43120-530 7,941.81$
24-Sep 9/26/2024 62456 48 SEH INC 472975 110-45202-530 9,552.26$
24-Sep 9/26/2024 62456 48 SEH INC 473900 417-43120-530 998.00$
24-Sep 9/26/2024 62456 48 SEH INC 473901 417-43120-530 1,616.08$
24-Sep 9/26/2024 62456 48 SEH INC 473930 205-45202-531 1,197.00$
24-Sep 9/26/2024 62456 48 SEH INC 473964 101-43131-303 6,285.20$
24-Sep 9/26/2024 62457 105615 SHIFT TECHNOLOGIES INC 13315 101-42120-310 640.70$
24-Sep 9/26/2024 62457 105615 SHIFT TECHNOLOGIES INC 13353 101-41710-310 312.50$
24-Sep 9/26/2024 62458 108252 ST. CLOUD AREA SCHOOL DIST 742 REQUEST #2425-1506 101-45204-308 655.75$
24-Sep 9/26/2024 62459 104980 TACTICAL ADVANTAGE 2024-0085 109-42500-580 949.66$
24-Sep 9/26/2024 62460 2022 UNUM LIFE INSURANCE OCT 2024 STMT 101-21713 2,246.15$
24-Sep 9/26/2024 62461 107953 WEISMAN CLEANING INC 7084 210-42280-300 2,360.00$
24-Oct 10/2/2024 62462 108264 1ST AYD CORPORATION PSI732266 602-49450-210 458.36$
24-Oct 10/2/2024 62463 108355 BEGIN, DEBORAH 2024 REFUND 001-10105 619.56$
24-Oct 10/2/2024 62464 108353 HUDSON, ANN 2024 FACADE GRANT 250-46500-588 2,000.00$
24-Oct 10/2/2024 62465 108160 KINETIC 16619 110-45205-300 17,500.00$
24-Oct 10/2/2024 62466 103781 MIDWEST TESTING LLC 6237 601-49430-300 6,552.00$
24-Oct 10/2/2024 62467 1616 MVTL LABORATORIES INC 1271599 602-49480-312 551.50$
24-Oct 10/2/2024 62467 1616 MVTL LABORATORIES INC 1272613 602-49480-312 155.50$
24-Oct 10/2/2024 62468 102940 OXYGEN SERVICE CENTER INC 8766493 101-43201-210 182.00$
24-Oct 10/2/2024 62468 102940 OXYGEN SERVICE CENTER INC 8768839 101-43201-210 285.82$
24-Oct 10/2/2024 62469 103475 POWERHOUSE OUTDOOR EQUIP 713415 101-45202-210 161.90$
24-Oct 10/2/2024 62470 105778 QUADIENT LEASING Q1513552 101-41430-410 190.65$
24-Oct 10/2/2024 62471 1168 RDO P4108903 101-43125-230 573.50$
24-Oct 10/2/2024 62472 551 ST. JOSEPH FIRE RELIEF ASSN 9/27/2024 210-42220-447 75,933.95$
24-Oct 10/2/2024 62473 108354 TURNER, JESSICA 2024 DEMO GRANT 250-46500-588 2,500.00$
Payroll
$145,006.64
Accounts Payable & Payroll EFT
$141,696.21
Check #'s
$132,084.40
Council Approval Checks
$107,664.74
STAFF MEMO
Prepared by:
Rhonda Juell
Meeting Date:
10/07/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
5c
Reviewed by:
Item:
Purchase Soccer Goals
ACTION REQUESTED
Approve the purchase of outdoor soccer goals $6548.00 from Keeper Goals
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Park Board approved the purchase of soccer goals from Keeper Goals
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
The outdoor soccer goals at Millstream Park are too large, rusted out and hard to move without
falling apart
BUDGET IMPACT
Money would be used from the undesignated fund
STAFF RECOMMENDED ACTION
Approve the purchase of new soccer goals from Keeper Goals for $6548.
SUPPORTING DATA/ATTACHMENTS
Quotes
City of St Joseph KEEPER GOALS
A DIVISION OF DEMAND & PRECISION PARTS Price Quote
Attn: Rhonda Juell 12400 W Silver Spring Dr, Butler, WI 53007 9/13/2024
PHONE: 262-781-7800 OR 800-594-5126 By: Steve Lawrence/John Moynihan
Phone: Fax: 262-781-9230
Cell: email: info@keepergoals.com
email: rjuell@cityofstjoseph.com
Quantity Description Unit Price Total Price
Option 2: Movable Wheeled Goal
1 pair M88W-RD4-721 4"Rd Wheeled 8'H x 24'W (rear wheel sticks out 8'4") 6,938.00$ 6,938.00$
Soccer Goals. Verticals And Corners 4"Rd Steel While Crossbar Is 4"Rd Aluminum White
Backbar Is 4"x2" Rect Steel Powder Coated Black And Weighted.
Includes: Cable And Clip Net Attachment, 2 Wheels Built Into Each
Side Panel And 5th Wheel Behind Back Bar
2- Inground Duckbill Anchors Come With Each Goal
Also included is 1 pair 3mm white nets
includes 6mm nets
School Discount - paid upon delivery (1,215.00)$
Freight to MN 825.00$
Total 6,548.00$
(IF JOHN CAN DELIVER FREIGHT WOULD REDUCE TO $400 FOR DELIVERY)
Optional Add
1 set #ACW-28- 28lb anchor weights to fit in stake pockets on back bar - 2 per goal/4 total 556.00$ 556.00$
1 set #HDG-GOALS-M88w - Hot Dip Galvanize and Powder coat over frame (List Price: $2,500)2,150.00$ 2,150.00$
Due to volatile material price changed we can only hold prices for 30 days
If after 30 days please confirm price when ordering
Quote
PO Box 841393
Dallas, TX 75284-1393
Phone: 800-527-7510 Fax: 800-899-0149
Visit us at www.bsnsports.com
Ship To
3450003
City of St. Joseph
75 Callaway St E
SAINT JOSEPH MN 56374
USA
Sold to
3450003
City of St. Joseph
75 Callaway St E
SAINT JOSEPH MN 56374
USA
Payer
3450003
City of St. Joseph
75 Callaway St E
SAINT JOSEPH MN 56374
USA
Quote #:21564755
Purchase Order #:4" Goal
Cart Name:
Quote Date:08/12/2024
Quote Valid-to:09/12/2024
Payment Terms:NT30
Ship Via:
Ordered By:Ronda Juell
Contact Your Rep
Michael Croisdale Email:mcroisdale@bsnsports.com | Phone:972-884-7396
Item Description Qty Unit Price Total
BSN SPORTS Terms and Conditions apply to all of your orders with us and our affiliates. At any time, these terms and conditions can be found at www.bsnsports.com\terms
All BSN purchases have an extended 60-day return policy. You can return items up to 60 days after the date of shipment
Check your quote at www.bsnsports.com/?&ProgramID=21564755&zip=56374
FUSION® Soccer Goal 2 EA $ 3,499.99 $ 6,999.98Item # - NSPHG
Subtotal: $6,999.98
Other: $0.00
Freight: $280.00
Sales Tax: $0.00
Order Total: $7,279.98
Payment/Credit Applied: $0.00
Order Total: $7,279.98
______
___
STAFF MEMO
Prepared by:
Engineering
Meeting Date:
10/7/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
5d
Reviewed by:
Item:
Payment Application No. 4, 2023 Street Improvements
ACTION REQUESTED Approve payment application no. 4 to Larson Excavating Contractors, Inc. in
the amount of $864,804.89 for the 2023 Street Improvement Project.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND This is payment 4 for the 2023 Street Improvement Project to
Larson Excavating.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Approve payment application no. 4 to Larson Excavating Contractors, Inc. in the amount of
$864,804.89 for the 2023 Street Improvement Project.
SUPPORTING DATA/ATTACHMENTS
Payment Application No. 4
09/13/2024
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 2 of 4
Payment Summary
No. Up To Date
Work Certified
Per Request
Amount Retained
Per Request
Amount Paid
Per Request
1 2023-08-18 $53,488.45 $2,674.42 $50,814.03
2 2023-09-19 $539,112.49 $26,955.63 $512,156.86
3 2023-10-20 $214,923.26 $10,746.16 $204,177.10
4 2024-07-20 $66,016.09 ($31,640.81) $97,656.90
Funding
Category Name
Funding
Category No.
Work Certified
to Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
this Request
Total Amount
Paid to Date
St. Joseph 1 $873,540.29 $8,735.40 $767,147.99 $97,656.90 $864,804.89
Accounting
Number Funding Source
Amount Paid this
Request
Revised Contract
Amount
Funds Encumbered
to Date
Paid Contractor to
Date
City of St. Joseph Local $97,656.90 $892,290.56 $892,290.56 $864,804.89
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 1 1 MOBILIZATION LUMP
SUM
$15,307.91 1 0.05 $765.40 1 $15,307.91
Base Bid 2 2 TRAFFIC CONTROL LUMP
SUM
$4,896.00 1 0.05 $244.80 1 $4,896.00
Base Bid 3 3 REMOVE SIGN ASSEMBLY EACH $22.00 28 16 $352.00 16 $352.00
Base Bid 4 4 REMOVE CONCRETE CURB &
GUTTER
LIN FT $10.00 1568 57 $570.00 1359 $13,590.00
Base Bid 5 5 REMOVE CONCRETE WALK SQ YD $25.00 51 19 $475.00 84 $2,100.00
Base Bid 6 6 REMOVE CONCRETE DRIVEWAY
PAVEMENT
SQ YD $25.00 166 53 $1,325.00 135 $3,375.00
Base Bid 7 7 SAWING BITUMINOUS PAVEMENT
(FULL DEPTH)
LIN FT $3.00 1089 0 $0.00 1036 $3,108.00
Base Bid 8 8 STABILIZED CONSTRUCTION EXIT EACH $500.00 11 4 $2,000.00 5 $2,500.00
Base Bid 9 9 REMOVE PIPE SEWER (STORM) LIN FT $5.00 527 0 $0.00 526 $2,630.00
Base Bid 10 10 REMOVE DRAINAGE STRUCTURE EACH $100.00 8 0 $0.00 8 $800.00
Base Bid 11 11 COMMON EXCAVATION (P) CU YD $15.00 850 0 $0.00 850 $12,750.00
Base Bid 12 12 MILL BITUMINOUS SURFACE SQ YD $2.14 3726 0 $0.00 3726 $7,973.64
Base Bid 13 13 SELECT GRANULAR
EMBANKMENT-SUPER SAND (CV)
CU YD $25.00 1043 0 $0.00 1189.02 $29,725.50
Base Bid 14 14 SELECT GRANULAR BORROW (CV) CU YD $15.00 477 0 $0.00 343.89 $5,158.35
Base Bid 15 15 SUBGRADE PREPARATION ROAD
STA
$500.00 41 0 $0.00 41 $20,500.00
Base Bid 16 16 WATER MGAL $2.00 1202 0 $0.00 0 $0.00
Base Bid 17 17 REMOVE BITUMINOUS PAVEMENT SQ YD $3.06 12092 0 $0.00 12031 $36,814.86
Base Bid 18 18 BITUMINOUS STREET PATCH SQ YD $49.78 122 0 $0.00 216 $10,752.48
Base Bid 19 19 TYPE SP 9.5 WEARING COURSE
MIXTURE (SPWEA340C)
TON $96.44 488 160.47 $15,475.73 427.48 $41,226.17
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 3 of 4
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 20 20 TYPE SP 12.5 WEARING COURSE
MIXTURE (SPWEB330C)
TON $96.03 588 0 $0.00 565.12 $54,268.47
Base Bid 21 21 TYPE SP 9.5 WEARING COURSE
MIXTURE (SPWEA230C)
TON $91.90 1457 0 $0.00 1390.08 $127,748.35
Base Bid 22 22 TYPE SP 12.5 WEARING COURSE
MIXTURE (SPWEB230C)
TON $93.59 823 0 $0.00 857.26 $80,230.96
Base Bid 23 23 BITUMINOUS MATERIAL FOR TACK
COAT
GAL $2.04 1384 135 $275.40 1691 $3,449.64
Base Bid 24 24 AGGREGATE BASE CLASS 5 (CV) CU YD $35.00 480 363.9 $12,736.50 765.9 $26,806.50
Base Bid 25 25 GEOTEXTILE FABRIC TYPE V SQ YD $2.57 740 0 $0.00 0 $0.00
Base Bid 26 26 GEOGRID SQ YD $11.60 320 0 $0.00 324 $3,758.40
Base Bid 27 27 CONNECT TO EXISTING SANITARY
SEWER
EACH $2,571.51 1 0 $0.00 1 $2,571.51
Base Bid 28 28 CONNECT TO EXISTING STORM
SEWER
EACH $1,500.00 4 0 $0.00 4 $6,000.00
Base Bid 29 29 CLEAN AND VIDEO TAPE PIPE
SEWER
LIN FT $3.30 378 391 $1,290.30 391 $1,290.30
Base Bid 30 30 CLEAN STORM SEWER PIPE LIN FT $2.75 450 554 $1,523.50 554 $1,523.50
Base Bid 31 31 2" COPPER WATER SERVICE PIPE LIN FT $261.20 27 0 $0.00 27 $7,052.40
Base Bid 32 32 2" CURB STOP AND BOX EACH $1,786.68 1 0 $0.00 1 $1,786.68
Base Bid 33 33 8" PVC PIPE SEWER LIN FT $88.24 378 0 $0.00 378 $33,354.72
Base Bid 34 34 CONSTRUCT DRAINAGE
STRUCTURE DES 4007
EACH $5,672.79 1 0 $0.00 1 $5,672.79
Base Bid 35 35 8X6 PVC WYE EACH $809.74 6 0 $0.00 10 $8,097.40
Base Bid 36 36 6" PVC PIPE SEWER LIN FT $63.66 72 0 $0.00 93 $5,920.38
Base Bid 37 37 12" RC PIPE SEWER LIN FT $81.29 196 0 $0.00 195 $15,851.55
Base Bid 38 38 15" RC PIPE SEWER LIN FT $87.63 238 0 $0.00 238 $20,855.94
Base Bid 39 39 27" RC PIPE SEWER LIN FT $132.28 75 0 $0.00 81 $10,714.68
Base Bid 40 40 30" RC PIPE SEWER LIN FT $145.45 41 0 $0.00 41 $5,963.45
Base Bid 41 41 DRAINAGE STRUCTURE DES H EACH $2,057.74 4 0 $0.00 4 $8,230.96
Base Bid 42 42 DRAINAGE STRUCTURE DES 48-
4020
EACH $4,649.72 6 1 $4,649.72 4 $18,598.88
Base Bid 43 43 DRAINAGE STRUCTURE DES 60-
4020
EACH $7,321.19 1 0 $0.00 3 $21,963.57
Base Bid 44 44 CASTING ASSEMBLY EACH $1,380.16 12 0 $0.00 11 $15,181.76
Base Bid 45 45 4" PERF PIPE DRAIN LIN FT $8.61 486 0 $0.00 527 $4,537.47
Base Bid 46 46 6" PERF PVC PIPE DRAIN LIN FT $20.58 736 0 $0.00 758 $15,599.64
Base Bid 47 47 6" PVC CLEANOUT EACH $543.56 7 0 $0.00 6 $3,261.36
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 4 of 4
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 48 48 4" THICK INSULATION SQ YD $61.02 40 13.54 $826.21 22.88 $1,396.14
Base Bid 49 49 4" CONCRETE WALK W/ SAND
BEDDING
SQ FT $26.50 153 0 $0.00 198 $5,247.00
Base Bid 50 50 6" CONCRETE WALK SQ FT $26.50 306 0 $0.00 419 $11,103.50
Base Bid 51 51 CONCRETE DRIVEWAY PAVEMENT SQ YD $97.90 166 0 $0.00 110 $10,769.00
Base Bid 52 52 TRUNCATED DOMES SQ FT $78.52 42 0 $0.00 48 $3,768.96
Base Bid 53 53 CONCRETE CURB & GUTTER,
DESIGN B618
LIN FT $42.84 1568 0 $0.00 1421 $60,875.64
Base Bid 54 54 SAW AND SEAL CONCRETE CURB
AND GUTTER CRACK
EACH $48.96 69 0 $0.00 0 $0.00
Base Bid 55 55 CHIMNEY SEAL EACH $320.04 23 0 $0.00 23 $7,360.92
Base Bid 56 56 F&I PAVING RING (MANHOLE) EACH $375.05 15 0 $0.00 12 $4,500.60
Base Bid 57 57 ADJUST FRAME & RING CASTING EACH $432.52 24 0 $0.00 33 $14,273.16
Base Bid 58 58 ADJUST GATE VALVE BOX EACH $232.52 13 0 $0.00 5 $1,162.60
Base Bid 59 59 F&I PAVING RING (GATE VALVE) EACH $155.01 9 0 $0.00 7 $1,085.07
Base Bid 60 60 PAVEMENT MESSAGE-'STOP' EACH $357.57 5 0 $0.00 0 $0.00
Base Bid 61 61 24" SOLID LINE MULTI COMP GR IN LIN FT $20.24 104 80 $1,619.20 80 $1,619.20
Base Bid 62 62 PAVT MSSG-CROSSWALK MULTI
COMP GR IN
SQ YD $99.02 44 10 $990.20 10 $990.20
Base Bid 63 63 F&I SIGN PANELS TYPE C SQ FT $71.51 100.9 101.75 $7,276.14 101.75 $7,276.14
Base Bid 64 64 F&I STREET NAME SIGN
ASSEMBLY
EACH $440.08 11 9 $3,960.72 9 $3,960.72
Base Bid 65 65 STREET SWEEPING TYPE WET
PICKUP
HOUR $100.00 23 0 $0.00 0 $0.00
Base Bid 66 66 STORM DRAIN INLET PROTECTION EACH $100.00 36 9 $900.00 9 $900.00
Base Bid 67 67 COMMON TOPSOIL BORROW (LV) CU YD $10.00 690 0 $0.00 464 $4,640.00
Base Bid 68 68 SEEDING ACRE $5,100.00 0.51 0.51 $2,601.00 0.51 $2,601.00
Base Bid 69 69 SEED MIXTURE 25-151 POUND $3.57 191 191 $681.87 191 $681.87
Base Bid 70 70 HYDRAULIC MATRIX TYPE BFM POUND $3.06 1623 1623 $4,966.38 1623 $4,966.38
Base Bid 71 71 FERTILIZER TYPE 22-5-10 POUND $3.06 167 167 $511.02 167 $511.02
Totals: $66,016.09 $873,540.29
Contract Total $873,540.29
STAFF MEMO
Prepared by:
City Administrator
Meeting Date:
10/7/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
5e
Reviewed by:
Item:
Safe Road Zones Grant Agreement
ACTION REQUESTED Authorize City Administrator to execute the grant agreement.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
This grant agreement is for the crossing improvements at College Ave South and Lanigan Way.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Authorize City Administrator to execute the grant agreement.
SUPPORTING DATA/ATTACHMENTS
Grant Agreement
MnDOT Contract No. [insert number]
1
State Funds Grant Agreement Template | Contract Management | #12209981 | January 2024
STATE OF MINNESOTA
GRANT AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State"), and the
City of St. Joseph ("Grantee").
RECITALS
1. Minnesota Statutes § Chapter 68, HF2887, Section 2, Subd.5 authorizes the State to enter into this agreement.
2. The State is in need of completing a Safe Road Zone.
2.1 In the 2023 Transportation Omnibus bill, a new program entitled Safe Road Zones was developed and listed under
the general fund. Recommendations must be made to the commissioners of public safety and transportation on
supporting the local authority in implementing safety measures for each safe road zone through education, public
awareness, behavior modification, and traffic engineering efforts.
3. Grantee represents that it is duly qualified and agrees to perform all services described in this agreement to the
satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee agrees to minimize administrative costs as
a condition of this agreement.
AGREEMENT TERMS
1 Term of Agreement, Survival of Terms, and Incorporation of Exhibits
Effective Date. This agreement will be effective executed after the State obtains all required signatures under
Minn. Stat.§16B.98, Subd. 5, whichever is later. As required by Minn.Stat.§16B.98 Subd. 7, no payments will be
made to Grantee until this agreement is fully executed. Grantee must not begin work under this agreement until
this agreement is fully executed and Grantee has been notified by the State’s Authorized Representative to begin
the work.
Expiration Date. This agreement will expire on June 30, 2025, or when all obligations have been satisfactorily
fulfilled, whichever occurs first.
Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order
to give effect to their meaning will survive the expiration or termination of this agreement, including, without
limitation, the following clauses: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual
Property; 11. Workers Compensation; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue;
and 15 Data Disclosure.
Exhibits. Exhibit A: Scope of Work, Exhibit B: Budget, Exhibit C: Grant Progress Report Form, and Exhibit D:
Request for Reimbursement.
2 Grantee’s Duties
Grantee, who is not a state employee, will: Perform the duties specified in Exhibit A, which is attached and
incorporated into this grant agreement.
Grantee will comply with all required grants management policies and procedures set forth through
Minn.Stat.§16B.97, Subd. 4 (a) (1).
Grantee will submit written progress reports (Exhibit C), Quarterly (September 30, 2024, December 31, 2024,
March 31, 2025, and June 30, 2025). Payments will not be made under section 4.2 if a progress report is past due
unless Grantee has been given a written extension by the State.
Asset Monitoring. If Grantee uses funds obtained by this agreement to acquire a capital asset, the Grantee is
required to use that asset for a public purpose for the normal useful life of the asset. Grantee may not sell or
change the purpose of use for the capital asset(s) obtained with grant funds under this agreement without the
prior written consent of the State and an agreement executed and approved by the same parties who executed
and approved this agreement, or their successors in office.
3 Time
Grantee must comply with all the time requirements described in this agreement. In the performance of this
grant agreement, time is of the essence.
MnDOT Contract #: [insert number]
2
State Funds Grant Agreement Template | Contract Management | #12209981 | January 2024
4 Consideration and Payment
Consideration. The State will pay for all services performed by Grantee under this agreement as follows:
4.1.1 Compensation. Grantee will be paid according to the breakdown of costs contained in Exhibit B, which is
attached and incorporated into this grant agreement. All advance payments on grants over $50,000 must
be reconciled within 12 months of issuance or within 60 days of the end of the grant period.
4.1.2 Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred by
Grantee as a result of this agreement will not exceed $0.00 provided that Grantee will be reimbursed for
travel and subsistence expenses in the same manner and in no greater amount than provided in the current
"Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB).
Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has
received the State’s prior written approval for out of state travel. Minnesota will be considered the home
state for determining whether travel is out of state.
4.1.3 Total Obligation. The total obligation of the State for all compensation and reimbursements to Grantee
under this agreement will not exceed $95,000.00 (ninety-five thousand dollars and zero cents ).
Payment
4.2.1 Invoices. Grantee will submit invoices for payment by email to Michelle Pooler
(michelle.pooler@state.mn.us). Exhibit D, which is attached and incorporated into this agreement, is the
form Grantee will use to submit invoices. The State’s Authorized Representative, as named in this
agreement, will review each invoice against the approved grant budget, grant expenditures to-date, and the
latest written progress report before approving payment. The State will promptly pay Grantee after Grantee
presents an itemized invoice for the services actually performed and the State's Authorized Representative
accepts the invoiced services. Invoices will be submitted timely and according to the following schedule:
Quarterly, for work completed (September 30, 2024, December 31, 2024, March 31, 2025, and June 30,
2025).
4.2.2 All Invoices Subject to Audit. All invoices are subject to audit, at State’s discretion. Audits will be conducted
using the cost principles and procedures set forth in 2 Code of Federal Regulations – (CFR) part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award s.
4.2.3 State’s Payment Requirements. State will promptly pay all valid obligations under this agreement as
required by Minnesota Statutes §16A.124. State will make undisputed payments no later than 30 days after
receiving Grantee’s invoices and progress reports for services performed. If an invoice is incorrect, defective
or otherwise improper, State will notify Grantee within ten days of discovering the error. After State receives
the corrected invoice, State will pay Grantee within 30 days of receipt of such inv oice.
4.2.4 Grant Monitoring Visit and Financial Reconciliation. During the period of performance, the State will make
at least one monitoring visit and conduct annual financial reconciliations of Grantee’s expenditures.
4.2.4.1 The State’s Authorized Representative will notify Grantee’s Authorized Representative where and
when any monitoring visit and financial reconciliation will take place, which State employees and/or
contractors will participate, and which Grantee staff membe rs should be present. Grantee will be
provided with at least seven calendar days of notice prior to any monitoring visit or financial
reconciliation.
4.2.4.2 Following a monitoring visit or financial reconciliation, Grantee will take timely and appropriate
action on all deficiencies identified by State.
4.2.4.3 At least one monitoring visit and one financial reconciliation must be completed prior to final
payment being made to Grantee.
4.2.5 Unexpended Funds. The Grantee must promptly return to the State at grant closeout any unexpended
funds that have not been accounted for in a financial report submitted to the State.
4.2.6 Closeout. The State will determine, at its sole discretion, whether a closeout audit is required prior to final
payment approval. If a closeout audit is required, final payment will be held until the audit has been
completed. Monitoring of any capital assets acquired with grant funds will continue following grant
closeout.
MnDOT Contract #: [insert number]
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Contracting and Bidding Requirements. Prior to publication, Grantee will submit to State all solicitations for work
to be funded by this Agreement. Prior to execution, Grantee will submit to State all contracts and subcontracts
funded by this agreement between Grantee and third parties. Stat e’s Authorized Representative has the sole
right to approve, disapprove, or modify any solicitation, contract, or subcontract submitted by Grantee. All
contracts and subcontracts between Grantee and third parties must contain all applicable provisions of this
Agreement. State’s Authorized Representative will respond to a solicitation, contract, or subcontract submitted
by Grantee within ten business days.
5 Conditions of Payment
All services provided by Grantee under this agreement must be performed to the State’s satisfaction, as determined
at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and
local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to
be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representatives
The State's Authorized Representative is:
Michelle Pooler
Safety Education Coordinator
395 John Ireland Blvd., St. Paul MN 55155
michelle.pooler@state.mn.us
State’s Authorized Representative has the responsibility to monitor Grantee’s performance and the authority to
accept the services provided under this agreement. If the services are satisfactory, the State's Authorized
Representative will certify acceptance on each invoice submitted for payment.
Grantee’s Authorized Representative is:
David Murphy
City of St. Joseph
320-229-9424
75 Callaway Street East St. Joseph, MN 56374
dmurphy@cityofstjoseph.com
If Grantee’s Authorized Representative changes at any time during this agreement, Grantee will immediately
notify the State.
7 Assignment Amendments, Waiver, and Grant Agreement Complete
Assignment. The Grantee may neither assign nor transfer any rights or obligations under this agreement without
the prior written consent of the State and a fully executed Assignment Agreement, executed and approved by the
same parties who executed and approved this agreement, or their successors in office.
Amendments. Any amendments to this agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original agreement, or their
successors in office.
Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or
the State’s right to subsequently enforce it.
Grant Agreement Complete. This grant agreement contains all negotiations and agreements between the State
and Grantee. No other understanding regarding this agreement, whether written or oral, may be used to bind
either party.
7.5 Electronic Records and Signatures. The parties agree to contract by electronic means. This includes using
electronic signatures and converting original documents to electronic records.
7.6 Certification. By signing this Agreement, the Grantee certifies that it is not suspended or debarred from receiving
federal or state awards.
MnDOT Contract #: [insert number]
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8 Liability
In the performance of this agreement, and to the extent permitted by law, Grantee must indemnify, save, and hold
the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred
by the State, arising from the performance of this agreement by Grantee or Grantee’s agents or employees. This
clause will not be construed to bar any legal remedies Grantee may have for the State's failure to fulfill its obligations
under this agreement.
9 State Audits
Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and
practices of Grantee, or other party relevant to this grant agreement or transaction, are subject to examination by the
State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this
agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program
retention requirements, whichever is later. Grantee will take timely and appropriate action on all deficiencies
identified by an audit.
10 Government Date Practices and Intellectual Property Rights
Government Data Practices. Grantee and State must comply with the Minnesota Government Data Practices
Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant agreement, and as it applies
to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this
agreement. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by
either Grantee or the State.
Intellectual Property Rights.
10.2.1 Intellectual Property Rights. State owns all rights, title and interest in all of the intellectual property rights,
including copyrights, patents, trade secrets, trademarks and service marks in the Works and Documents
created and paid for under this agreement. “Works” means all inventions, improvements, discoveri es
(whether or not patentable), databases, computer programs, reports, notes, studies, photographs,
negatives, designs, drawings, specifications, materials, tapes and disks conceived, reduced to practice,
created or originated by Grantee, its employees, ag ents and subcontractors, either individually or jointly
with others in the performance of this agreement. Works includes Documents. “Documents” are the
originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs,
drawings, specifications, materials, tapes, disks or other materials, whether in tangible or electronic
forms, prepared by Grantee, its employees, agents or subcontractors, in the performance of this
agreement. The Documents will be the exclusive property of State, and Grantee upon completion or
cancellation of this agreement must immediately return all such Documents to State. To the extent
possible, those Works eligible for copyright protection under the United States Copyright Act will be
deemed to be “works made for hire.” Grantee assigns all right, title and interest it may have in the Works
and the Documents to State. Grantee must, at the request of State, execute all papers and perform all
other acts necessary to transfer or record the State’s ownership interest in the Works and Documents.
10.2.2 Obligations
10.2.2.1 Notification. Whenever any invention, improvement or discovery (whether or not patentable) is
made or conceived for the first time or actually or constructively reduced to practice by Grantee,
including its employees and subcontractors, in the performance of this agreement, Grantee will
immediately give State’s Authorized Representative written notice thereof and must promptly
furnish State’s Authorized Representative with complete information and/or disclosure thereon.
10.2.2.2 Representation. Grantee must perform all acts and take all steps necessary to ensure that all
intellectual property rights in the Works and Documents are the sole property of State and that
neither Grantee nor its employees, agents or subcontractors retain any interest in and to the
Works and Documents. Grantee represents and warrants that the Works and Documents do not
and will not infringe upon any intellectual property rights of other persons or entities.
Notwithstanding Clause 8, Grantee will indemnify; defend, to the extent permitted by the
Attorney General; and hold harmless State, at Grantee’s expense, from any action or claim
brought against State to the extent that it is based on a claim that all or part of the Works or
Documents infringe upon the intellectual property rights of others. Grantee will be responsible
MnDOT Contract #: [insert number]
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for payment of any and all such claims, demands, obligations, liabilities, costs and damages,
including but not limited to, attorney fees. If such a claim or action arises, or in Grantee’s or State’s
opinion is likely to arise, Grantee must, at State’s discretion, either procure for State the right or
license to use the intellectual property rights at issue or replace or modify the allegedly infringing
Works or Documents as necessary and appropriate to obviate the infringement claim. This
remedy of State will be in addition to and not exclusive of other remedies provided by law.
11 Workers Compensation
The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation
insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that
may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any cla ims made by
any third party as a consequence of any act or omission on the part of these employees are in no way the State’s
obligation or responsibility.
12 Publicity and Endorsement
Publicity. Any publicity regarding the subject matter of this agreement must identify the State as the sponsoring
agency and must not be released without prior written approval from the State’s Authorized Representative.
For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research,
reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or
any subcontractors, with respect to the program, publications, or services provided resulting from this grant
agreement. All projects primarily funded by state grant appropriation must publicly credit the State of
Minnesota, including on the Grantee’s website when practicable.
Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice-of-law provisions, governs this agreement. Venue for all legal proceedings
out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in
Ramsey County, Minnesota.
14 Termination; Suspension
Termination by the State or Commissioner of Administration. The State or Commissioner of Administration
may unilaterally terminate this agreement at any time, with or without cause, upon written notice to the
Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services
satisfactorily performed.
Termination for Cause. The State may immediately terminate this grant agreement if the State finds that there
has been a failure to comply with the provisions of this agreement, that reasonable progress has not been made,
that fraudulent or wasteful activity has occurred, that Grantee has been convicted of a criminal offense relating
to a state grant agreement, or that the purposes for which the funds were granted have not been or will not be
fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to
disburse additional funds and requiring the return of all or part of the funds already disbursed.
Termination for Insufficient Funding. The State may immediately terminate this agreement if:
14.3.1 It does not obtain funding from the Minnesota Legislature; or
14.3.2 If funding cannot be continued at a level sufficient to allow for the payment of the services covered
here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for
any services that are provided after notice and effective date of termination. However, the Grantee will
be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the
extent that funds are available. The State will not be assessed any penalty if the agreement is terminated
because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds.
The State will provide the Grantee notice of the lack of funding within a reasonable time of the State’s
receiving that notice.
Suspension. The State may immediately suspend this agreement in the event of a total or partial government
shutdown due to the failure to have an approved budget by the legal deadline. Work performed by the Grantee
during a period of suspension will be deemed unauthorized and undertaken at risk of non-payment.
MnDOT Contract #: [insert number]
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15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, Grantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These
identification numbers may be used in the enforcement of federal and state tax laws which could result in action
requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16 Fund Use Prohibited. The Grantee will not utilize any funds received pursuant to this Agreement to compensate,
either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is
disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether
the disqualified or debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or
material supplier. This restriction does not prevent the Grantee from utilizing these funds to pay any party who might
be disqualified or debarred after the Grantee’s contract award on this Project.
17 Discrimination Prohibited by Minnesota Statutes §181.59. Grantee will comply with the provisions of Minnesota
Statutes §181.59 which requires that every contract for or on behalf of the State of Minnesota, or any county, city,
town, township, school, school district or any other district in the state, for materi als, supplies or construction will
contain provisions by which Contractor agrees: 1) That, in the hiring of common or skilled labor for the performance
of any work under any contract, or any subcontract, no Contractor, material supplier or vendor, will, by reason of race,
creed or color, discriminate against the person or persons who are citizens of the United States or resident aliens who
are qualified and available to perform the work to which the employment relates; 2) That no Contractor, material
supplier, or vendor, will, in any manner, discriminate against, or intimidate, or prevent the employment of any person
or persons identified in clause 1 of this section, or on being hired, prevent or conspire to prevent, the person or
persons from the performance of work under any contract on account of race, creed or color; 3) That a violation of
this section is a misdemeanor; and 4) That this contract may be canceled or terminated by the state of Minnesota, or
any county, city, town, township, school, school district or any other person authorized to grant contracts for
employment, and all money due, or to become due under the contract, may be forfeited for a second or any
subsequent violation of the terms or conditions of this Agreement.
18 Limitation. Under this Agreement, the State is only responsible for receiving and disbursing funds. Nothing in this
Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the
Project(s) covered herein. The State may provide technical advice and assistance as requested by the Grantee,
however, the Grantee will remain responsible for providing direction to its contractors and consultants and for
administering its contracts with such entities. The Grantee’s consultants and contractors are not intended to be third
party beneficiaries of this Agreement.
19 Telecommunications Certification. By signing this agreement Grantee certifies that, consistent with Section 889 of
the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), Grantee
does not and will not use any equipment, system, or service that uses “covered telecommunications equipment or
services” (as that term is defined in Section 889 of the Act) as a substantial or essential component of any system or
as critical technology as part of any system. Grantee will include this certification as a flow down clause in any contract
related to this agreement.
20 Title VI/Non-discrimination Assurances. Grantee agrees to comply with all applicable US DOT Standard Title VI/Non-
Discrimination Assurances contained in DOT Order No. 1050.2A, and in particular Appendices A and E, which can be
found at: https://edocs-public.dot.state.mn.us/edocs_public/DMResultSet/download?docId=11149035. Grantee will
ensure the appendices and solicitation language within the assurances are inserted into contracts as required. State
may conduct a review of the Grantee’s compliance with this provision. The Grantee must cooperate with State
throughout the review process by supplying all requested information and documentation to State, making Grantee
staff and officials available for meetings as requested, and correcting any areas of non -compliance as determined by
State.
MnDOT Contract #: [insert number]
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21 Additional Provisions
[Intentionally left blank.]
[The remainder of this page has intentionally been left blank.]
MnDOT Contract #: [insert number]
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STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 and § 16C.05.
Signed:
Date:
SWIFT Contract/PO No(s).
GRANTEE
The Grantee certifies that the appropriate person(s) have executed the grant agreement on behalf of the Grantee as required b y applicable articles, bylaws,
resolutions, or ordinances.
By:
Title:
Date:
DEPARTMENT OF TRANSPORTATION
By:
(with delegated authority)
Title:
Date:
DEPARTMENT OF TRANSPORTATION
CONTRACT MANAGEMENT
By:
Date:
[Title] 1
St. Joseph Exhibit A: Scope of Work
What is the breakdown for each improvement?
• Pedestrian crossing improvements
• LED, push-button activated crossing signs - $49,700
• Vehicle speed feedback signs - $33,200
• Streetlights - $16,600
• Pavement and pedestrian ramp upgrades - $27,500
The teal highlight is the grantee’s response.
All funds must be expended by June 30, 2025
Exhibit B (VERSION 2 - 07/18/24)Safe Road Zone (SRZ) Grant Budget
Budget Item Budget Specific Line Item
Quarter 1 Quarter 2 Quarter 3 Quarter 4 TOTAL
PERSONNEL/SALARIES Personnel & salaries -$ -$ -$ -$ -$
FRINGE BENEFITS Fringe benefits -$ -$ -$ -$ -$
TRAVEL Travel time -$ -$ -$ -$ -$
EQUIPMENT LED crosswalk sign, push-button activated (2 @
$28,000 each)56,000.00$ -$ -$ -$ 56,000.00$
EQUIPMENT Driver speed feedback signs (2 @ $20,000 each)40,000.00$ -$ -$ -$ 40,000.00$
EQUIPMENT Street light (1 @ $15,000 each)15,000.00$ -$ -$ -$ 15,000.00$
EQUIPMENT Pavement markings 6,000.00$ -$ -$ -$ 6,000.00$
EQUIPMENT Pedestrian ramp improvements (2 @ $5,000 each)10,000.00$ -$ -$ -$ 10,000.00$
SUPPLIES & MATERIALS Supplies and materials -$ -$ -$ -$ -$
SUBAWARDS &
CONTRACTUAL SVCS Subawards & contractual services -$ -$ -$ -$ -$
OTHER Other expenses -$ -$ -$ -$ -$
July 1, 2024 to June 30, 2025
AppID: SRZ_2024-21 Page 1 of 2
Exhibit B (VERSION 2 - 07/18/24)Safe Road Zone (SRZ) Grant Budget
Budget Item Budget Specific Line Item
Quarter 1 Quarter 2 Quarter 3 Quarter 4 TOTAL
July 1, 2024 to June 30, 2025
TOTAL DIRECT COSTS 127,000.00$ -$ -$ -$ 127,000.00$
TOTAL INDIRECT COSTS -$ -$ -$ -$ -$
LOCAL MATCH LOCAL MATCH (32,000.00)$ -$ -$ -$ (32,000.00)$
TOTAL AWARD BUDGET 95,000.00$ -$ -$ -$ 95,000.00$
Budget Item Total
PERSONNEL/SALARIES -$
FRINGE BENEFITS -$
TRAVEL -$
EQUIPMENT 127,000.00$
SUPPLIES & MATERIALS -$
SUBAWARDS & CONTRACTUAL SVCS -$
OTHER -$
LOCAL MATCH (32,000.00)$
TOTAL AWARD BUDGET 95,000.00$
AppID: SRZ_2024-21 Page 2 of 2
Grant Progress Report Form | # 20033852| Grants Unit | 6/2022 1
Grant Progress Report Form
The purpose of this form is to document progress made on a grant project/award. Grant Progress Reports provide a
summary of the grant activities and progress on the goals and outcomes of the program/project. Progress reports must
be submitted at least annually for approval by the Program/Project Manager. This document can be customized to suit
the needs of a grant program.
City of St. Joseph, MN
CAATS Contract Number
Date of Report Submission
Report Period
Report Submitted By
Areas of Progress
Program Operation Y N Comments
Is the project progressing on schedule?
Is the project functioning as described in the
workplan?
Is data provided to support project outcomes?
Has there been a change in project scope?
Is technical assistance needed with any aspect of the
project? Please describe.
Budget/Finance Y N Comments
Is the project on track with budget estimates?
Will budget revisions be needed?
Personnel Y N Recommendation/Comments
Are all positions paid by the grant working on
approved grant activities?
Grant Progress Report Form | # 20033852| Grants Unit | 6/2022 2
Is there adequate staffing for the project? Has there
been staff turnover in grant-funded positions?
Has there been a change in the subrecipient/grantee
authorized representative?
Professional/Contractual Services Y N Recommendation/Comments
Are contractors making regular and accurate billing?
Please describe activities performed during this report period.
Please describe any challenges or lessons learned during this report period and how they were resolved.
Please describe the activities planned for the next stage of the project.
Grant Progress Report Form | # 20033852| Grants Unit | 6/2022 3
Additional Notes
Request for Reimbursement | #20034011 | OFM Grants Unit |June 2022
Request for Reimbursement - (City of St. Joseph)
Invoice Instructions:
Safe Road Zone Funds Program participant must:
1. Complete the *invoice and, if applicable, the progress report, in their entirety.
2. Sign the invoice.
3. Attach supporting documentation (if applicable).
4. E-mail the invoice to michelle.pooler@state.mn.us
*invoice may be modified to fit your programs specific needs
MnDOT Contract Number: Billing Period: From _______ to _______
Contract Expiration Date: June 30, 2025 Invoice Date: ______________________
Cash advance total
Expenses Total
Cash advance balance
Request for Funds (RFF) to replenish account
EXPENSE DETAIL
Grant and
Budget Total
Expenses Incurred
this period
Total expended to
date
Balance
Remaining
Subawards and
Contractual Services
Supplies and
Materials
Personnel/Salaries
Fringe Benefits
Travel
Equipment
Indirect Costs
TOTAL
I certify that the statements contained on this invoice, and its supporting documents, are true and accurate
and that I have not knowingly made a false or fraudulent claim or used a false or fraudulent record in
connection with this invoice. I understand that this invoice is subject to audit.
Contractor Name: ________________________
Request for Reimbursement | #20034011 | OFM Grants Unit |June 2022
Signature: ______________________________
Print Name: _____________________________
Title:___________________________________
STAFF MEMO
Prepared by:
City Clerk
Meeting Date:
10/7/24
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
5f
Reviewed by: Item:
State General Election Judge Appointment
ACTION REQUESTED
Approve 2024 Election Judges for the November 5th General Election and Authorize staff the
ability to appoint additional judges to be trained and assigned, if necessary.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
Included is the proposed list of Election Judges for the General Election taking place on
November 5, 2024. Also included are the names of city staff that have been trained to assist and
help with the General Election. Each judge that works an election is required to complete at
least 2 hours of training as required by state statute.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Approve 2024 Election Judges for the November 5th General Election and Authorize staff the
ability to appoint additional judges to be trained and assigned, if necessary.
SUPPORTING DATA/ATTACHMENTS
List of Election Judges
Shirley Adams
Carol Anderson
Grace Ann Asheim
Kent Asheim
Connie Barden
William Brand
Charisse Burgett
Sarah Desotell
Eliane Gisler
Amanda Hegreberg
Bernie Heurung
Mark Hoeschen
Mitchell Hogan
Charity Pikkaraine
Linda Jernberg
Gary Kraft
Kay Lemke
Angie Loecken
Kathy Lyon
Janice Mensinger
David Menzhuber
Jean Mohs
Aryliss Moulzolf
Charles Muske
Brenda Oehrlein
Michael Ross
Tamara Cowan
Ann Scherer
Mary Schaffer
Jean Schirmers
Nita Schneider
Joan Struzyk
Gary Sunderman
Anthony Wetzel
Kayla Klein
Melissa Bauer
Vicky Granite
Debbie Kulzer
Lori Bartlett
David Murphy
STAFF MEMO
Prepared by:
Rhonda Juell
Meeting Date:
10/7/24
☒ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
5g
Reviewed by:
Item:
Recreation Coordinator Hire
ACTION REQUESTED
Approve hiring Kyle Rauch as Recreation Coordinator
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
PREVIOUS COUNCIL ACTION
Council approved the position earlier in the year
REFERENCE AND BACKGROUND
The Recreation Department wants to keep adding programs and need another person to plan, set
up and run programs
BUDGET IMPACT
None
STAFF RECOMMENDED ACTION
Approve hiring Kyle Rauch for the Recreation Coordinator position
SUPPORTING DATA/ATTACHMENTS
STAFF MEMO
Prepared by:
City Administrator
Meeting Date:
10/07/2024
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
5h
Reviewed by:
Item:
Water Main Investigation Agreement with Lake Superior
Consulting
ACTION REQUESTED
A MOTION to authorize City Administrator to execute agreement.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
N/A.
PREVIOUS COUNCIL ACTION
The Council previously authorized staff to get proposals for the project.
REFERENCE AND BACKGROUND
There has been a higher than average number of water main breaks in the Hill Street
neighborhood over the last several years. Staff requested Council to remove the neighborhood
from the 2024 Street Improvement Project until the cause of the breaks could be determined.
The reasoning is it is not prudent to redo a street over utilities that have a higher than average
likelihood of failing.
Staff contacted companies that would be able to perform this work and Lake Superior Consulting
was the only firm that met our needs for this particular set of circumstances.
BUDGET IMPACT
$9,000 will come from professional services in the water fund, GL Code 601-49430-300. This is
included in the 2025 budget and rate analysis. The water fund has reserves that can cover costs
starting in 2024.
STAFF RECOMMENDED ACTION
Authorize City Administrator to execute agreement.
SUPPORTING DATA/ATTACHMENTS
Proposal from Lake Superior Consulting.
Project # 81824250970 Watermain CP Investigation Page 1
PROPOSAL
Watermain CP Investigation
LSC Project #: 81824250970
August 22, 2024
CLIENT INFORMATION LSC INFORMATION
Client: City of Saint Joseph Department: Integrity Management
Point of Contact: David Murphy Project Manager: Ben Frings
Point of Contact
Phone Number: 320.363.7201 Project Manager
Phone Number: 218.256.1183
PROJECT INFORMATION
Project Location: Saint Joseph, MN Travel Required: Yes
PROJECT SCHEDULE
Estimated Project Start: August 26, 2024 Estimated Project End: September 30, 2024
PROJECT SCOPE AND WORK PLAN
Lake Superior Consulting, LLC (LSC) was requested by Short Elliot Henderson Inc. to provide an estimate to investigate
a likely current interference situation in Saint Joseph, MN which may be the cause for two separate watermain breaks
since 2013 near the Morningside/Hill Street neighborhood. LSC understands that there are nearby Northern Natural Gas
(Northern) facilities which may be contributing to the issues. To conduct this investigation, LSC will:
• Perform a desktop analysis of the City of Saint Joseph watermain system, the Northern pipeline s in the area, and
will attempt to identify other operators nearby.
• Develop a detailed investigation plan prior to field kickoff.
• Mobilize to site and perform testing to determine if an interference situation exists . If issues can be fixed while
onsite with the tools and materials on-hand, LSC will make the small repairs and retest the system to confirm
remediation. If the issue cannot be fixed while onsite, additional information will be obtained to aid in the
investigation or remedial action. LSC will also gather information on local cathodic protection (CP) systems,
identify isolation and test it for functionality, and take photos and GPS coordinates of important features.
• Demobilize from site and analyze the data collected. If the issues were fixed while onsite, LSC will draft a
technical memorandum to detail the investigation and remediation which was implemented. If issues could not be
fixed while onsite, LSC’s technical memorandum will detail the investigation and recommendations for future
action.
DELIVERABLES SCHEDULE
1 Daily field reports Daily while onsite
2 Technical Memorandum Within 3 weeks of field work
ASSUMPTIONS AND EXCEPTIONS
1. Two days will be required onsite to complete investigations, with one technician for one day and two technicians
for a second day.
2. LSC’s daily rate for one technician or two technicians will apply for additional days onsite as required. Approval to
utilize additional days will be obtained from the City of Saint Joseph prior to execution.
3. LSC takes no exceptions to this project.
Project # 81824250970 Watermain CP Investigation Page 2
TERMS AND CONDITIONS
This proposal, and in particular the pricing contained herein, is subject to the parties reaching mutually agreeable terms
of a contract or purchase order.
STATEMENT OF FEES
Our best estimate for the overall cost of this project, on a lump sum basis, is $9,000.
Table 1: Statement of Fees
# Description Rate Unit Qty Total
1 Field Work - Day 1 (One Technician) $2,500.00 Day 1 $2,500.00
2 Field Work - Day 2 (Two Technicians) $5,000.00 Day 1 $5,000.00
3 Reporting and Project Support $1,500.00 Lump 1 $1,500.00
Total $9,000.00
Approved By Date August 22, 2024
STAFF MEMO
Prepared by:
Rhonda Juell
Meeting Date:
10/7/24
☐Consent Agenda Item
☒Regular Agenda Item
Reviewed by: Item:
Safety fencing and padding at the baseball field
ACTION REQUESTED
Approve using funds in the amount of $7,532.28 from the undesignated fund to purchase
safety fencing and padding in front of the dugouts at the baseball field from Al's
Ornamental Iron & Welding ($4,995) and BSN Sports ($2,537.28).
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Park Board has approved the use of funds for safety fencing and padding
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
New safety regulations for high school and college require safety fencing and padding in front
of dugouts. We rent out the field to a few area teams.
Quotes were received and staff is recommending moving forward with the quotes provided
from Al's Ornamental Iron & Welding ($4,995) and BSN Sports ($2,537.28)
BUDGET IMPACT
$7,532.28 from the undesignated fund
STAFF RECOMMENDED ACTION
Approve using funds in the amount of $7,532.28 from the undesignated fund to purchase
safety fencing and padding in front of the dugouts at the baseball field from Al's Ornamental
Iron & Welding ($4,995) and BSN Sports ($2,537.28).
SUPPORTING DATA/ATTACHMENTS
Quotes
Agenda Item #
5i
Quote
PO Box 841393
Dallas, TX 75284-1393
Phone: 800-527-7510 Fax: 800-899-0149
Visit us at www.bsnsports.com
Ship To
2743321
St. Joseph Baseball
Attn: Pat Schneider
8889 Crestview Drive
SAINT JOSEPH MN 56374
Sold to
2743321
St. Joseph Baseball
Attn: Pat Schneider
8889 Crestview Drive
SAINT JOSEPH MN 56374
Payer
2743321
St. Joseph Baseball
Attn: Pat Schneider
8889 Crestview Drive
SAINT JOSEPH MN 56374
Cart #:12282831
Purchase Order #:Dugout Padding/Netting
Cart Name:St. Joseph (Dugout Pads/N
Quote Date:09/25/2024
Quote Valid-to:10/25/2024
Payment Terms:NT30
Ship Via:
Ordered By:x
Contact Your Rep
Brian Hansen Email:bhansen@bsnsports.com | Phone:320-333-5917
Item Description Qty Unit Price Total
Page: 1 of 1
Dugout Rail Padding 4 EA $ 540.32 $ 2,161.28
Item # - NSPHG
Dugout Netting 4 EA $ 58.10 $ 232.40
Item # - NSPHG
Subtotal:$2,393.68
Other:$0.00
1# U-Shaped Wood Backed Pro Style Dugout Padding Freight:$143.60
Wrapped in 18oz Solid Vinyl Sales Tax:$0.00
4 - 18#L Top Rail w/ 4#H End Rail pads Order Total:$2,537.28
18#L Top Rail w/ 4#H End Rail pads Payment/Credit Applied:$0.00
#36 Knotted Baseball Netting Order Total:$2,537.28
w/ Rope Border
4 - #36 Knotted Baseball Netting
w/ Rope Border
-
Detail measuring is quoted as optional.
______
___
Estimate
DATE
9/24/2024
ESTIMATE NO.
11680
NAME / ADDRESS
St. Joseph Baseball Field
Al's Ornamental Iron & Welding, Inc.
3405 5th St S
Waite Park, MN 56387
PROJECT
WE MOVED! PLEASE NOTE NEW ADDRESS!
SIGNATURE
Phone #
320-656-8851
Fax #
320-656-8860
E-mail
mhaus@alsornamentaliron.com
Web Site
www.alsornamentaliron.com
TOTAL
DESCRIPTION QTY COST TOTALITEM
Qty. 4 - 18' long 48" tall single bar railings with legs for
dugouts powder coated and installed
4,995.00 4,995.00Fab Product
2023 MN 6.875, STC .5,WP .5, Stearns Cty Trans .25 8.125% 0.00
_____________________________________
NOTE: This proposal may be withdrawn by us if not
accepted within 30 days. Thank you for your
consideration!
$4,995.00
5
1'-21
4"
4'-21
4"
7"
1
1'-21
4"
4'-21
4"
7"
ALL RETURNS CLOSED
ON BACK, UNLESS
OTHERWISE STATED
5'-7"
2
5'-7"
43
4'-10"
18'-41
2"
6
3'-71
4"
7"
MEASUREMENT
APPROVAL
1285 McCaig Road Lincoln, AL 35096 * Toll Free (800) 823-7356 * Fax 256-236-4329 * customerservice@aerflosports.com
COMMENTS:
CUSTOMER:
SO#:
PO#: S:\CARSON FRANKS\REFERENCE PRODUCTION DRAWINGS\AER FLO_Sports LOGO.jpg
AER-FLO TRIES TO BE AS ACCURATE
AS POSSIBLE, BUT CUSTOMER HAS
FINAL RESPONSIBILITY
DIMENSIONS ARE CORRECT
LAYOUT IS CORRECT AND PROPERLY
COVERS ALL DESIRED PADDING
PRODUCT TYPE/COLOR IS CORRECT
CUSTOMER APPROVAL (BOXES CHECKED, SIGNED, AND DATED) PRIOR TO PRODUCTION
SIGNATURE:
PRINT:
DATE:
DATE:
DESIGNER:
QUOTE #:
09-26-2024
LINCOLN
Q76189
7"
END VIEW
63
4"
43
4"21
4"
BACK VIEW
ALL PADS
COLOR:
TYPE OF PRODUCT:
TYPE OF FABRIC:
NUMBER OF PIECES:
WOOD BACK U-PADS/RETURNS
TBD
18 oz NFR VINYL
6
FOAM THICKNESS:
2"∅
TYPE OF BACKING:3/4" PLYWOOD
RAIL DIAMETER:
1-3/8" CROSSLINK FOAM
***OVERALL PADDED LENGTH IS LONGER DUE TO PAD THICKNESS***
Quote
Sold To:Ship To:
ST. JOSEPH BASEBALL TEAM, INC.
8889 CRESTVIEW DR
SAINT JOSEPH, MN 56374-9766
ST. JOSEPH BASEBALL TEAM, INC.
8889 CRESTVIEW DR
SAINT JOSEPH, MN 56374-9766
Page:1
Order Number:
Order Date:
Salesperson:
Customer Number:
0370974
09/30/2024
JF
0038728
901 Deming Way, Suite 101
Madison, WI 53717
(800) 747-5985 visit our website at beaconathletics.com
Beacon Athletics
Project Mgr:
Project name:
Customer P.O.Ship VIA
COMMERCIAL FRT
F.O.B.Terms
Terms not yet established
Special Instructions:
Item Number Amount (USD)PriceBack OrderShippedOrderedUnit
RAIL PADDING
207-107-109 1,800.00 225.0000 8.0 0.0 0.0
RAIL PAD
#Q76189-01
8" WIDE X 13' LONG RAIL PAD - 2" FOAM - 12" - GROMMETS - BLACK
EACH
207-107-109 280.00 70.0000 4.0 0.0 0.0
RAIL PAD
#Q76189-01
8" WIDE X 4' LONG RAIL PAD - 2" FOAM - 12" - GROMMETS - BLACK
EACH
120-100-100 398.00 199.0000 2.0 0.0 0.0
DUGOUT RAIL NETTING 4' X 50' #42A WITH ROPE EDGE
INCLUDES ONE ROLL OF BROWN TARRED TWISTED NYLON CORD
EACH
Note: For orders without tax exemption certificates on file, sales tax will be charged, where
applicable, at the time of invoicing.
Freight:175.00
Sales Tax:189.03
2,842.03 Order Total (USD):
Our promise to our customers...
-Prompt response to your inquiries from knowledgeable and courteous staff
-Quality products that meet your demanding requirements
-Commitment to continuous improvement to achieve an exceptional customer experience
Let me know if we have failed to achieve this promise - or if we have exceeded your expectations.
John Maher, CEO
0.00 Discount
2,478.00 Net Order:
BEACON ATHLETICS SALES ORDER TERMS AND CONDITIONS
These Terms and Conditions apply to all sales by Beacon Athletics, LLC, a Wisconsin limited liability company (“Seller”) to the entity identified on the sales
order (“Sales Order”) issued by Seller to the entity (“Buyer”) to whom Seller shall sell certain goods (“Goods”). These Terms and Conditions together with
the applicable Sales Order(s) (collectively, the “Agreement”) constitute the entire agreement relating to the subject matter hereof and supersedes all prior or
contemporaneous understandings or statements. Any terms submitted by either party which are in addition to or inconsistent with the Agreement (including,
without limitation, any terms in a purchase order, order acknowledgment, quotation, invoice, bill of lading or other instrument) are not binding and are
expressly rejected, unless agreed to in writing and signed by both parties.
1.PRICES; PAYMENT. The purchase price of the Goods will be as stated in the applicable Sales Order (s) (“Price”), which shall include any applicable
sales tax unless Buyer first provides to Seller a valid tax exemption certificate. All Sales Orders are subject to credit approval by Seller. Unless specified
otherwise in the relevant Sales Order (s), Buyer shall pay all amounts due for the Goods within thirty (30) days from the date of the applicable invoice ,
provided that Seller may require pre -payment of all or part of the Price as determined by Seller in Seller’s sole and absolute discretion. All past due amounts
shall bear interest at the lower of 1.50% monthly (18% annually) or the maximum amount allowed by applicable law. If Buyer fails to make payments or
otherwise breaches a material obligation of the Agreement. Seller, may, at its option, by written notice to Buyer, terminate the Agreement or defer shipments
or performance.
2.CUSTOM ORDERS. Custom specifications for Goods, if any, shall be detailed in the applicable Sales Order. Buyer shall be solely responsible for
confirming that such specifications are designed to meet Buyer’s requirements. Upon execution of the applicable Sales Order, Buyer assumes sole
responsibility for the full cost of the custom Goods, including product cost, any related service (including but not limited to installation), and shipping costs.
3.CHANGES AND CANCELLATIONS. Buyer may not cancel or change a Sales Order without the written consent of Seller. In no event shall Buyer be
entitled to cancel or change a Sales Order where Seller has scheduled shipment of the Goods within thirty (30) days of Buyer’s request therefor. If Buyer
desires to cancel or change an open Sales Order, Buyer must deliver a written request to Seller, which Seller may approve or reject in its sole and absolute
discretion. Where Seller approves Buyer’s request for cancellation or change to a Sales Order, Seller shall be entitled to charge Buyer, and Buyer shall be
required to pay, a cancellation charge equal to the cost of work completed and/or charges for materials purchased for the Sales Order.
4.DELIVERY. Unless otherwise specified in the Sales Order, all Goods shall be shipped at Buyer’s expense and all shipments are F .O.B. Seller’s or its
suppliers’ distribution centers . Seller has the right to select the mode and carrier of shipment.
5.INSPECTION FOR DAMAGES AND ACCEPTANCE. Upon Buyer’s receipt of the Goods, Buyer shall immediately inspect the Goods, confirm the receipt
quantity and take photographs of the Goods and packaging condition. Unless Buyer provides Seller with written notice of claim for damaged Goods or
shortages within five (5) business days after receipt of shipment, such Goods shall be deemed finally inspected, checked and accepted by Buyer. Claims
for damaged Goods due to shipping damages shall not be approved without photographic evidence of the Goods while on the shipping trailer.
6.WARRANTIES. Seller warrants that Goods supplied shall conform to the description stated in the Sales Order and shall be free from defects in material
or workmanship. This warranty shall be effective for a period of one (1) year from the date of delivery of the Goods to Buyer. Seller disclaims all other
warranties, express or implied, oral or written, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose .
Purely as an accommodation to Buyer, Seller may refer or suggest third parties for Buyer to independently hire and install the Goods (each such third party
being an “Installer”). Seller makes no warranties, express or implied, and specifically disclaims all liability and disclaims and excludes any and all warranties
of merchantability, fitness for a particular purpose or workmanship as to any construction means and methods or any other services performed by any
Installer.
7.REMEDIES. In the event that Buyer is in default or otherwise breaches this Agreement, Seller shall be entitled to pursue any and all remedies, legal or
equitable including an action to recover the total Price, as well as its costs of enforcing the Sales Order, including, without limitation, its attorneys’ fees. If
Buyer alleges Seller to be in default under Section 6 hereof, Buyer shall give written notice to Seller stating the same and Seller shall repair or replace the
defective or non-conforming Goods within a reasonable time period, which shall be Buyer’s sole and exclusive remedy for such breach .
8.LIMITATION OF LIABILITY. Neither party will be liable to the other party for any consequential, special, incidental, indirect, exemplary or punitive
damages or losses, or any loss of profits, revenues, opportunities, goodwill or capital. Seller’s total liability under the Agreement will be limited to the Price
giving rise to the claim.
9.INDEMNITY. Buyer shall defend, indemnify and hold harmless Seller and its affiliates and their respective officers , directors and employees, from and
against any claims, liabilities, losses, damages or injuries of any kind (including, without limitation, reasonable attorneys’ fees ) caused by Buyer or the use or
misuse of the materials by Buyer or any third party after Buyer’s receipt thereof ; provided, however, Buyer shall have no obligation to indemnify hereunder if
and to the extent that the relevant claim or liability is caused by an indemnified party. This provision shall not relieve Buyer of any pro rata, proportional,
contributory or other allocation of liability under applicable laws.
10.COPYRIGHTS AND LICENSES. Seller shall be deemed the author of the tangible and intangible creative work used to manufacture the Goods, including
but not limited to drawings, specifications, models and other similar items (“Instruments of Service”). Upon Buyer’s written request , Seller shall provide
copies of the Instruments of Service to Buyer conditioned on Buyer’s full payment of the Price and the terms hereof . Buyer (or its assigns as authorized by
Seller in writing) shall have a perpetual, nonexclusive license to use the Instruments of Service for installation or maintenance of the Goods provided that
Buyer agrees to indemnify and hold harmless Seller from all costs and expenses, including cost of defense, related to claims and causes of action asserted
by any person or entity to the extent such costs and expenses arise from Buyer’s (or its authorized assignee’s ) use of the Instruments of Service
hereunder. Buyer shall not reproduce or make available to third parties the Instruments of Service without Seller’s prior written consent (other than for
installation or maintenance of the Goods). Buyer shall indemnify Seller for all costs and expenses incurred by Seller to enforce any copyright violations
resulting from Buyer’s breach of these obligations .
11.FORCE MAJEURE. Neither party will be responsible for failure or delay in performing hereunder (except for the payment of money) due to a cause or
circumstance which is beyond that party’s reasonable control , including, without limitation, wars or civil disorders, fires, earthquakes, floods, severe
weather, acts of God, changes in law or governmental directives, delays in transportation, material shortages, strikes, lockouts, slowdowns or other similar
labor disruption.
12.GOVERNING LAW. The Agreement is governed by the laws of , and each party submits to the exclusive venue and jurisdiction of the state or federal
courts in, the State of Wisconsin.
13.ACCEPTANCE. This Agreement may be executed in several counterparts , all of which taken together shall constitute one single agreement between
the parties hereto. Signatures may be evidenced by facsimile or electronic transmission, the same of which shall be treated as originals.
14.MISCELLANEOUS. The terms of the Agreement do not and are not intended to confer any rights or remedies upon any person or entity other than
Buyer. Neither party may assign or transfer the Agreement , without the other party’s prior written consent . No modification or amendment of the Agreement
shall be binding unless it is in writing and signed by both parties. A party's waiver of any breach of, or failure to strictly enforce, the Agreement will not
waive, limit or affect that party 's right to do so thereafter. If any provision of the Agreement is invalid , illegal, void or unenforceable, then that provision will
be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of the Agreement .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the order
date specified in the Sales Order.
Sales Order Reference #: ______________________
Seller: Buyer:
BEACON ATHLETICS, LLC _____________________________________
By: ________________________________________By: ________________________________________
Name: _____________________________________Name: ______________________________________¬_
Title: ______________________________________Title: ________________________________________
Date: ______________________________________Date: ________________________________________
Quote
Sold To:Ship To:
ST. JOSEPH BASEBALL TEAM, INC.
8889 CRESTVIEW DR
SAINT JOSEPH, MN 56374-9766
ST. JOSEPH BASEBALL TEAM, INC.
8889 CRESTVIEW DR
SAINT JOSEPH, MN 56374-9766
Page:1
Order Number:
Order Date:
Salesperson:
Customer Number:
0370976
09/30/2024
JF
0038728
901 Deming Way, Suite 101
Madison, WI 53717
(800) 747-5985 visit our website at beaconathletics.com
Beacon Athletics
Project Mgr:
Project name:
Customer P.O.Ship VIA
COMMERCIAL FRT
F.O.B.Terms
Terms not yet established
Special Instructions:
Item Number Amount (USD)PriceBack OrderShippedOrderedUnit
U-SHAPED RAIL PADS
207-107-109 720.00 180.0000 4.0 0.0 0.0
RAIL PAD
#Q76189
7" FACE X 6 3/4" TOP X 7" BACK X 4'2.25" LONG U-SHAPE RAIL PAD - 1 3/8" FOAM - 3/4" PLYWOOD - 1'2.25" RETURN ON RIGHT SIDE - BLACK
EACH
207-107-109 720.00 180.0000 4.0 0.0 0.0
RAIL PAD
#Q76189
7" FACE X 6 3/4" TOP X 7" BACK X 4'2.25" LONG U-SHAPE RAIL PAD - 1 3/8" FOAM - 3/4" PLYWOOD - 1'2.25" RETURN ON LEFT SIDE - BLACK
EACH
207-107-109 1,536.00 192.0000 8.0 0.0 0.0
RAIL PAD
#Q76189
7" FACE X 6 3/4" TOP X 7" BACK X 5'7" LONG U-SHAPE RAIL PAD - 1 3/8" FOAM - 3/4" PLYWOOD - BLACK
EACH
207-107-109 664.00 166.0000 4.0 0.0 0.0
RAIL PAD
#Q76189
7" FACE X 6 3/4" TOP X 7" BACK X 4'10" LONG U-SHAPE RAIL PAD - 1 3/8" FOAM - 3/4" PLYWOOD - BLACK
EACH
207-107-109 332.00 83.0000 4.0 0.0 0.0
RAIL PAD
#Q76189
7" WIDE X 3'7.25" LONG RAIL PAD - 1 3/8" FOAM - 3/4 BC PLYWOOD - BLACK
EACH
120-100-100 398.00 199.0000 2.0 0.0 0.0
DUGOUT RAIL NETTING 4' X 50' #42A WITH ROPE EDGE
INCLUDES ONE ROLL OF BROWN TARRED TWISTED NYLON CORD
EACH
Note: For orders without tax exemption certificates on file, sales tax will be charged, where
applicable, at the time of invoicing.
Freight:875.00
Sales Tax:373.72
5,618.72 Order Total (USD):
Our promise to our customers...
-Prompt response to your inquiries from knowledgeable and courteous staff
-Quality products that meet your demanding requirements
-Commitment to continuous improvement to achieve an exceptional customer experience
Let me know if we have failed to achieve this promise - or if we have exceeded your expectations.
John Maher, CEO
0.00 Discount
4,370.00 Net Order:
BEACON ATHLETICS SALES ORDER TERMS AND CONDITIONS
These Terms and Conditions apply to all sales by Beacon Athletics, LLC, a Wisconsin limited liability company (“Seller”) to the entity identified on the sales
order (“Sales Order”) issued by Seller to the entity (“Buyer”) to whom Seller shall sell certain goods (“Goods”). These Terms and Conditions together with
the applicable Sales Order(s) (collectively, the “Agreement”) constitute the entire agreement relating to the subject matter hereof and supersedes all prior or
contemporaneous understandings or statements. Any terms submitted by either party which are in addition to or inconsistent with the Agreement (including,
without limitation, any terms in a purchase order, order acknowledgment, quotation, invoice, bill of lading or other instrument) are not binding and are
expressly rejected, unless agreed to in writing and signed by both parties.
1.PRICES; PAYMENT. The purchase price of the Goods will be as stated in the applicable Sales Order (s) (“Price”), which shall include any applicable
sales tax unless Buyer first provides to Seller a valid tax exemption certificate. All Sales Orders are subject to credit approval by Seller. Unless specified
otherwise in the relevant Sales Order (s), Buyer shall pay all amounts due for the Goods within thirty (30) days from the date of the applicable invoice ,
provided that Seller may require pre -payment of all or part of the Price as determined by Seller in Seller’s sole and absolute discretion. All past due amounts
shall bear interest at the lower of 1.50% monthly (18% annually) or the maximum amount allowed by applicable law. If Buyer fails to make payments or
otherwise breaches a material obligation of the Agreement. Seller, may, at its option, by written notice to Buyer, terminate the Agreement or defer shipments
or performance.
2.CUSTOM ORDERS. Custom specifications for Goods, if any, shall be detailed in the applicable Sales Order. Buyer shall be solely responsible for
confirming that such specifications are designed to meet Buyer’s requirements. Upon execution of the applicable Sales Order, Buyer assumes sole
responsibility for the full cost of the custom Goods, including product cost, any related service (including but not limited to installation), and shipping costs.
3.CHANGES AND CANCELLATIONS. Buyer may not cancel or change a Sales Order without the written consent of Seller. In no event shall Buyer be
entitled to cancel or change a Sales Order where Seller has scheduled shipment of the Goods within thirty (30) days of Buyer’s request therefor. If Buyer
desires to cancel or change an open Sales Order, Buyer must deliver a written request to Seller, which Seller may approve or reject in its sole and absolute
discretion. Where Seller approves Buyer’s request for cancellation or change to a Sales Order, Seller shall be entitled to charge Buyer, and Buyer shall be
required to pay, a cancellation charge equal to the cost of work completed and/or charges for materials purchased for the Sales Order.
4.DELIVERY. Unless otherwise specified in the Sales Order, all Goods shall be shipped at Buyer’s expense and all shipments are F .O.B. Seller’s or its
suppliers’ distribution centers . Seller has the right to select the mode and carrier of shipment.
5.INSPECTION FOR DAMAGES AND ACCEPTANCE. Upon Buyer’s receipt of the Goods, Buyer shall immediately inspect the Goods, confirm the receipt
quantity and take photographs of the Goods and packaging condition. Unless Buyer provides Seller with written notice of claim for damaged Goods or
shortages within five (5) business days after receipt of shipment, such Goods shall be deemed finally inspected, checked and accepted by Buyer. Claims
for damaged Goods due to shipping damages shall not be approved without photographic evidence of the Goods while on the shipping trailer.
6.WARRANTIES. Seller warrants that Goods supplied shall conform to the description stated in the Sales Order and shall be free from defects in material
or workmanship. This warranty shall be effective for a period of one (1) year from the date of delivery of the Goods to Buyer. Seller disclaims all other
warranties, express or implied, oral or written, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose .
Purely as an accommodation to Buyer, Seller may refer or suggest third parties for Buyer to independently hire and install the Goods (each such third party
being an “Installer”). Seller makes no warranties, express or implied, and specifically disclaims all liability and disclaims and excludes any and all warranties
of merchantability, fitness for a particular purpose or workmanship as to any construction means and methods or any other services performed by any
Installer.
7.REMEDIES. In the event that Buyer is in default or otherwise breaches this Agreement, Seller shall be entitled to pursue any and all remedies, legal or
equitable including an action to recover the total Price, as well as its costs of enforcing the Sales Order, including, without limitation, its attorneys’ fees. If
Buyer alleges Seller to be in default under Section 6 hereof, Buyer shall give written notice to Seller stating the same and Seller shall repair or replace the
defective or non-conforming Goods within a reasonable time period, which shall be Buyer’s sole and exclusive remedy for such breach .
8.LIMITATION OF LIABILITY. Neither party will be liable to the other party for any consequential, special, incidental, indirect, exemplary or punitive
damages or losses, or any loss of profits, revenues, opportunities, goodwill or capital. Seller’s total liability under the Agreement will be limited to the Price
giving rise to the claim.
9.INDEMNITY. Buyer shall defend, indemnify and hold harmless Seller and its affiliates and their respective officers , directors and employees, from and
against any claims, liabilities, losses, damages or injuries of any kind (including, without limitation, reasonable attorneys’ fees ) caused by Buyer or the use or
misuse of the materials by Buyer or any third party after Buyer’s receipt thereof ; provided, however, Buyer shall have no obligation to indemnify hereunder if
and to the extent that the relevant claim or liability is caused by an indemnified party. This provision shall not relieve Buyer of any pro rata, proportional,
contributory or other allocation of liability under applicable laws.
10.COPYRIGHTS AND LICENSES. Seller shall be deemed the author of the tangible and intangible creative work used to manufacture the Goods, including
but not limited to drawings, specifications, models and other similar items (“Instruments of Service”). Upon Buyer’s written request , Seller shall provide
copies of the Instruments of Service to Buyer conditioned on Buyer’s full payment of the Price and the terms hereof . Buyer (or its assigns as authorized by
Seller in writing) shall have a perpetual, nonexclusive license to use the Instruments of Service for installation or maintenance of the Goods provided that
Buyer agrees to indemnify and hold harmless Seller from all costs and expenses, including cost of defense, related to claims and causes of action asserted
by any person or entity to the extent such costs and expenses arise from Buyer’s (or its authorized assignee’s ) use of the Instruments of Service
hereunder. Buyer shall not reproduce or make available to third parties the Instruments of Service without Seller’s prior written consent (other than for
installation or maintenance of the Goods). Buyer shall indemnify Seller for all costs and expenses incurred by Seller to enforce any copyright violations
resulting from Buyer’s breach of these obligations .
11.FORCE MAJEURE. Neither party will be responsible for failure or delay in performing hereunder (except for the payment of money) due to a cause or
circumstance which is beyond that party’s reasonable control , including, without limitation, wars or civil disorders, fires, earthquakes, floods, severe
weather, acts of God, changes in law or governmental directives, delays in transportation, material shortages, strikes, lockouts, slowdowns or other similar
labor disruption.
12.GOVERNING LAW. The Agreement is governed by the laws of , and each party submits to the exclusive venue and jurisdiction of the state or federal
courts in, the State of Wisconsin.
13.ACCEPTANCE. This Agreement may be executed in several counterparts , all of which taken together shall constitute one single agreement between
the parties hereto. Signatures may be evidenced by facsimile or electronic transmission, the same of which shall be treated as originals.
14.MISCELLANEOUS. The terms of the Agreement do not and are not intended to confer any rights or remedies upon any person or entity other than
Buyer. Neither party may assign or transfer the Agreement , without the other party’s prior written consent . No modification or amendment of the Agreement
shall be binding unless it is in writing and signed by both parties. A party's waiver of any breach of, or failure to strictly enforce, the Agreement will not
waive, limit or affect that party 's right to do so thereafter. If any provision of the Agreement is invalid , illegal, void or unenforceable, then that provision will
be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of the Agreement .
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the order
date specified in the Sales Order.
Sales Order Reference #: ______________________
Seller: Buyer:
BEACON ATHLETICS, LLC _____________________________________
By: ________________________________________By: ________________________________________
Name: _____________________________________Name: ______________________________________¬_
Title: ______________________________________Title: ________________________________________
Date: ______________________________________Date: ________________________________________
STAFF MEMO
Prepared by:
Engineering
Meeting Date:
10/7/24
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
5j
Reviewed by: Item:
Payment Application No. 1, 2024 Street Improvements
ACTION REQUESTED Approve payment application no. 1 to Knife River Corporation - North
Central in the amount of $325,189.67 for the 2024 Street Improvement Project.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND This is payment 1 for the 2024 Street Improvement Project to
Larson Excavating.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Approve payment application no. 1 to Knife River Corporation - North Central in the
amount of $325,189.67 for the 2024 Street Improvement Project.
SUPPORTING DATA/ATTACHMENTS
Payment Application No. 1
10/03/2024
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 2 of 3
Payment Summary
No. Up To Date
Work Certified
Per Request
Amount Retained
Per Request
Amount Paid
Per Request
1 2024-09-27 $342,304.92 $17,115.25 $325,189.67
Funding
Category Name
Funding
Category No.
Work Certified
to Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
this Request
Total Amount
Paid to Date
STJOE 176063 $342,304.92 $17,115.25 $0.00 $325,189.67 $325,189.67
Accounting
Number Funding Source
Amount Paid this
Request
Revised Contract
Amount
Funds Encumbered
to Date
Paid Contractor to
Date
STJOE 176063 Local $325,189.67 $786,939.15 $786,939.15 $325,189.67
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 1 1 MOBILIZATION LUMP
SUM
$65,000.00 1 0.75 $48,750.00 0.75 $48,750.00
Base Bid 2 2 TRAFFIC CONTROL LUMP
SUM
$7,250.00 1 0.75 $5,437.50 0.75 $5,437.50
Base Bid 3 3 REMOVE SIGN ASSEMBLY EACH $25.00 30 0 $0.00 0 $0.00
Base Bid 4 4 SALVAGE SIGN ASSEMBLY EACH $25.00 5 0 $0.00 0 $0.00
Base Bid 5 5 REMOVE CONCRETE CURB &
GUTTER
LIN FT $10.00 150 159 $1,590.00 159 $1,590.00
Base Bid 6 6 REMOVE CONCRETE WALK SQ YD $15.00 57 50 $750.00 50 $750.00
Base Bid 7 7 REMOVE CONCRETE DRIVEWAY
PAVEMENT
SQ YD $15.00 216 40 $600.00 40 $600.00
Base Bid 8 8 SAWING BITUMINOUS
PAVEMENT (FULL DEPTH)
LIN FT $2.75 465 60 $165.00 60 $165.00
Base Bid 9 9 STABILIZED CONSTRUCTION
EXIT
LUMP
SUM
$200.00 1 0 $0.00 0 $0.00
Base Bid 10 10 FULL DEPTH RECLAMATION SQ YD $1.40 21139 20828 $29,159.20 20828 $29,159.20
Base Bid 11 11 SUBGRADE EXCAVATION CU YD $13.00 1177 0 $0.00 0 $0.00
Base Bid 12 12 SUBGRADE PREPARATION ROAD
STA
$275.00 93 92 $25,300.00 92 $25,300.00
Base Bid 13 13 WATER MGAL $9.00 636 0 $0.00 0 $0.00
Base Bid 14 14 BITUMINOUS DRIVEWAY PATCH-
RESIDENTIAL
SQ YD $36.00 153 0 $0.00 0 $0.00
Base Bid 15 15 BITUMINOUS DRIVEWAY PATCH-
COMMERCIAL
SQ YD $41.50 522 0 $0.00 0 $0.00
Base Bid 16 16 BITUMINOUS STREET PATCH SQ YD $60.00 116 0 $0.00 0 $0.00
Base Bid 17 17 TYPE SP 9.5 WEARING COURSE
MIXTURE (SPWEA230C)
TON $102.00 877 749.21 $76,419.42 749.21 $76,419.42
Base Bid 18 18 TYPE SP 9.5 WEARING COURSE
MIXTURE (SPWEA340C)
TON $81.00 1890 0 $0.00 0 $0.00
Base Bid 19 19 TYPE SP 12.5 WEARING
COURSE MIXTURE (SPWEB330C)
TON $80.00 2061 1612.66 $129,012.80 1612.66 $129,012.80
Base Bid 20 20 BITUMINOUS MATERIAL FOR
TACK COAT
GAL $2.00 1155 0 $0.00 0 $0.00
Base Bid 21 21 BITUMINOUS MATERIAL FOR
FOG SEAL
GAL $5.00 936 0 $0.00 0 $0.00
Base Bid 22 22 TOPSOIL SHOULDERING (LV) CU YD $36.00 1422 0 $0.00 0 $0.00
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 3 of 3
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 23 23 AGGREGATE SHOULDERING
(BITUMINOUS MILLINGS) (CV)
CU YD $41.00 538 0 $0.00 0 $0.00
Base Bid 24 24 AGGREGATE SURFACING (CV) CU YD $64.00 25 0 $0.00 0 $0.00
Base Bid 25 25 AGGREGATE BASE CLASS 5 (CV) CU YD $31.00 1008 0 $0.00 0 $0.00
Base Bid 26 26 CASTING ASSEMBLY EACH $2,000.00 1 0 $0.00 0 $0.00
Base Bid 27 27 6" CONCRETE WALK SQ FT $14.50 822 636 $9,222.00 636 $9,222.00
Base Bid 28 28 TRUNCATED DOMES SQ FT $60.00 84 75 $4,500.00 75 $4,500.00
Base Bid 29 29 CONCRETE DRIVEWAY
PAVEMENT-RESIDENTIAL
SQ YD $89.50 56 42 $3,759.00 42 $3,759.00
Base Bid 30 30 CONCRETE DRIVEWAY
PAVEMENT-COMMERCIAL
SQ YD $98.00 160 0 $0.00 0 $0.00
Base Bid 31 31 CONCRETE CURB & GUTTER,
DESIGN B618
LIN FT $40.00 150 159 $6,360.00 159 $6,360.00
Base Bid 32 32 CONCRETE VALLEY GUTTER LIN FT $60.00 80 0 $0.00 0 $0.00
Base Bid 33 33 ADJUST FRAME & RING
CASTING
EACH $1,000.00 1 1 $1,000.00 1 $1,000.00
Base Bid 34 34 INSTALL SIGN EACH $250.00 4 0 $0.00 0 $0.00
Base Bid 35 35 F&I SIGN PANELS TYPE C SQ FT $60.00 87 0 $0.00 0 $0.00
Base Bid 36 36 F&I STREET NAME SIGN
ASSEMBLY
EACH $350.00 8 0 $0.00 0 $0.00
Base Bid 37 37 F&I SIGN TYPE SPECIAL-
KLINEFELTER PARK
EACH $250.00 1 0 $0.00 0 $0.00
Base Bid 38 38 STREET SWEEPING TYPE WET
PICKUP
HOUR $65.00 25 0 $0.00 0 $0.00
Base Bid 39 39 STORM DRAIN INLET
PROTECTION
EACH $140.00 10 2 $280.00 2 $280.00
Base Bid 40 40 COMMON TOPSOIL BORROW
(LV)
CU YD $50.00 114 0 $0.00 0 $0.00
Base Bid 41 41 SEEDING ACRE $500.00 0.85 0 $0.00 0 $0.00
Base Bid 42 42 SEED MIXTURE 25-151 POUND $4.00 340 0 $0.00 0 $0.00
Base Bid 43 43 HYDRAULIC MATRIX TYPE BFM POUND $1.50 2975 0 $0.00 0 $0.00
Base Bid 44 44 FERTILIZER TYPE 22-5-10 POUND $0.70 299 0 $0.00 0 $0.00
Totals: $342,304.92 $342,304.92
Contract Total $342,304.92
STAFF MEMO
Prepared by:
Engineering
Meeting Date:
10/7/24
☒Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
5k
Reviewed by: Item:
Payment Application No. 2, Pickleball Court Improvement
ACTION REQUESTED Approve payment application no. 2 to Diversified Paving in the amount of
$168,083.19 for the Pickleball Court Improvements.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
PREVIOUS COUNCIL ACTION N/A
REFERENCE AND BACKGROUND
This is the 2nd payment for this project.
BUDGET IMPACT
STAFF RECOMMENDED ACTION
Approve payment application no. 2 to Diversified Paving in the amount of $168,083.19 for the
Pickleball Court Improvements.
SUPPORTING DATA/ATTACHMENTS
Payment Application 2
10/03/2024
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 2 of 3
Payment Summary
No. Up To Date
Work Certified
Per Request
Amount Retained
Per Request
Amount Paid
Per Request
1 2024-08-28 $110,564.45 $5,528.22 $105,036.23
2 2024-09-27 $66,365.22 $3,318.26 $63,046.96
Funding
Category Name
Funding
Category No.
Work Certified
to Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
this Request
Total Amount
Paid to Date
STJOE 178607 $176,929.67 $8,846.48 $105,036.23 $63,046.96 $168,083.19
Accounting
Number Funding Source
Amount Paid this
Request
Revised Contract
Amount
Funds Encumbered
to Date
Paid Contractor to
Date
STJOE 178607 Local $63,046.96 $271,294.00 $271,294.00 $168,083.19
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 1 1 MOBILIZATION LUMP
SUM
$7,500.00 1 0.45 $3,375.00 0.95 $7,125.00
Base Bid 2 2 CLEARING TREE $750.00 4 0 $0.00 4 $3,000.00
Base Bid 3 3 GRUBBING TREE $750.00 4 0 $0.00 4 $3,000.00
Base Bid 4 4 SALVAGE SIGN EACH $350.00 1 0 $0.00 0 $0.00
Base Bid 5 5 SALVAGE WASTE
RECEPTACLE
EACH $150.00 1 0 $0.00 0 $0.00
Base Bid 6 6 REMOVE HORSESHOE PIT EACH $500.00 8 0 $0.00 8 $4,000.00
Base Bid 7 7 REMOVE CHAINLINK FENCE LIN FT $10.00 203 0 $0.00 0 $0.00
Base Bid 8 8 REMOVE BENCH EACH $250.00 1 0 $0.00 0 $0.00
Base Bid 9 9 REMOVE CONCRETE
PAVEMENT
SQ YD $31.50 326 0 $0.00 277 $8,725.50
Base Bid 10 10 REMOVE BASKETBALL POST,
NET, & BACKBOARD
ASSEMBLY
EACH $250.00 4 0 $0.00 0 $0.00
Base Bid 11 11 REMOVE BOLLARD EACH $350.00 2 0 $0.00 4 $1,400.00
Base Bid 12 12 COMMON EXCAVATION (P) CU YD $22.00 1554 0 $0.00 1554 $34,188.00
Base Bid 13 13 COMMON EMBANKMENT CU YD $22.00 203 160 $3,520.00 160 $3,520.00
Base Bid 14 14 SUBGRADE EXCAVATION CU YD $22.00 487 0 $0.00 209 $4,598.00
Base Bid 15 15 WATER MGAL $350.00 3 0 $0.00 0 $0.00
Base Bid 16 16 SELECT GRANULAR
BORROW (CV)
CU YD $22.00 487 0 $0.00 544 $11,968.00
Base Bid 17 17 SUBGRADE PREPARATION LUMP
SUM
$2,500.00 1 0 $0.00 1 $2,500.00
Base Bid 18 18 AGGREGATE BASE (CV)
CLASS 5
CU YD $44.35 298 0 $0.00 527 $23,372.45
Base Bid 19 19 TYPE SP 9.5 WEARING
COURSE MIXTURE (2,C)
TON $156.00 115 111.96 $17,465.76 111.96 $17,465.76
Base Bid 20 20 TYPE SP 12.5 WEARING
COURSE MIXTURE (2,C)
TON $158.00 115 113.62 $17,951.96 113.62 $17,951.96
Base Bid 21 21 BITUMINOUS MATERIAL FOR
TACK COAT
GAL $7.50 86 0 $0.00 0 $0.00
Short Elliott Hendrickson Inc.
2351 Connecticut Avenue, Suite 300
Sartell, MN 56377
Page 3 of 3
Contract Item Status
Base/Alt Line Item Description Units Unit Price
Contract
Quantity
Quantity
This
Request
Amount This
Request
Quantity
To Date
Amount To
Date
Base Bid 22 22 AGGREGATE SURFACING
CLASS 5
CU YD $44.35 40 0 $0.00 0 $0.00
Base Bid 23 23 6" CONCRETE WALK SQ FT $8.50 550 0 $0.00 0 $0.00
Base Bid 24 24 CONCRETE MAINTENANCE
CURB
LIN FT $53.00 448 387 $20,511.00 387 $20,511.00
Base Bid 25 25 6' BACKLESS BENCH EACH $600.00 4 0 $0.00 0 $0.00
Base Bid 26 26 96" BLACK VINYL COATED
CHAIN LINK FENCE WITH
WIND SCREEN
LIN FT $76.00 432 0 $0.00 0 $0.00
Base Bid 27 27 48" BLACK VINYL COATED
CHAIN LINK FENCE
LIN FT $56.00 192 0 $0.00 0 $0.00
Base Bid 28 28 48" BLACK VINYL COATED
FENCE GATE - 96" HEIGHT
WITH WIND SCREEN
EACH $850.00 4 0 $0.00 0 $0.00
Base Bid 29 29 3" ROUND STEEL NET POLE
SLEEVES
EACH $1,000.00 8 0 $0.00 8 $8,000.00
Base Bid 30 30 EDWARDS PICKLEBALL 36"
POST SET
EACH $525.00 4 0 $0.00 0 $0.00
Base Bid 31 31 EDWARDS PICKLEBALL NET EACH $200.00 4 0 $0.00 0 $0.00
Base Bid 32 32 ACRYLIC SURFACE AND
STRIPING
SQ YD $16.80 1218 0 $0.00 0 $0.00
Base Bid 33 33 STABILIZED CONSTRUCTION
EXIT
LUMP
SUM
$1,000.00 1 0 $0.00 0 $0.00
Base Bid 34 34 COMMON TOPSOIL BORROW
(LV)
CU YD $35.00 102 0 $0.00 0 $0.00
Base Bid 35 35 SEDIMENT CONTROL LOG
TYPE WOOD FIBER
LIN FT $10.50 40 0 $0.00 0 $0.00
Base Bid 36 36 FILTER BERM TYPE 4 LIN FT $7.50 275 0 $0.00 275 $2,062.50
Base Bid 37 37 ROLLED EROSION
PREVENTION CATEGORY 20
SQ YD $11.00 80 0 $0.00 0 $0.00
Base Bid 38 38 COMMERCIAL FERTILIZER POUND $7.50 88 88 $660.00 88 $660.00
Base Bid 39 39 SEED MIXTURE 25-151 POUND $4.00 101 81 $324.00 81 $324.00
Base Bid 40 40 SEEDING ACRE $1,800.00 0.250860193 0.2 $360.00 0.2 $360.00
Base Bid 41 41 HYDRAULIC MULCH MATRIX POUND $3.25 879 0 $0.00 0 $0.00
Base Bid 42 42 HYDRAULIC MATRIX TYPE
BFM
POUND $2.50 879 879 $2,197.50 879 $2,197.50
Totals: $66,365.22 $176,929.67
Contract Total $176,929.67
STAFF MEMO
Prepared by:
Lori Bartlett, Finance Director
Meeting Date:
10-7-24
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
6
Reviewed by:
Item:
Public Hearing – Delinquent Accounts to be Assessed
ACTION REQUESTED
Conduct public hearing and consider adoption of Resolution 2024-062 Adopting Assessment for
Outstanding Invoices.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
None
PREVIOUS COUNCIL ACTION
None
REFERENCE AND BACKGROUND
The property below is requesting the unpaid utility account to be considered for the assessment.
128 9th Ave SE, St. Joseph $956.80 + $50 assessment fee = $1,006.80
The property below has an outstanding final bill when the property changed hands. The seller did not
pay the final balance. The buyer, seller and Title Company were notified of the outstanding balance. If
payment is made before Nov. 7th, it will be removed from the assessment roll.
107 Ash St E, St. Joseph $568.69 + $50 assessment fee = $618.69
A 14-day notice of the pending assessment has been given to the affected property owners. The public
hearing notices was also published in the St. Cloud Times. Other collections measures have been taken
prior to collection under MN §429.101. The property owners will be given 30 days to pay the
assessment in full before certifying to Stearns County. If payment is made in full, the $50 assessment
fee will be waived.
BUDGET IMPACT
Up to $1,625.49
STAFF RECOMMENDED ACTION
Hear public testimony and consider adoption of Resolution 2024-062.
SUPPORTING DATA/ATTACHMENTS
Resolution 2024-062 Adopting Assessment Outstanding Invoices
Public Hearing Notice
Resolution 2024-062
Resolution Adopting Assessment
Outstanding Invoices
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the proposed assessment for the outstanding fees relating utility services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment for all items shall be payable in equal annual installments extending over a period of 1
year, 0% interest rate, with the first of the installments to be payable on or before the first Monday in
January 2025.
3. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, pay the whole of the assessment on such property.
5. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
Adopted by the council this 7th day of October, 2024.
Rick Schultz, Mayor
ATTEST
David Murphy, Administrator
CITY OF ST. JOSEPH
PUBLIC HEARING
Notice is hereby given that the Council will meet at or shortly thereafter at 6:00 pm on October 7, 2024 in
the St. Joseph Council Chambers to consider, and possibly adopt, the proposed assessment for delinquent
City invoices. Adoption by the Council of the proposed assessment may occur at the hearing.
The proposed assessment role is on file for public inspection at the City Clerk’s office. The total amount
of the proposed assessment is $429.75. Written or oral objections will be considered at the meeting. No
appeal may be taken as to the amount of an assessment unless a written objection signed by the affected
property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding
officer at the hearing. The Council may upon such notice consider objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice to the affected property owners, as
it deems advisable.
An owner may appeal an assessment to district court pursuant to Minn. Stat. 429.081 by serving notice of
the appeal upon the mayor or clerk within 30 days after the adoption of the assessment and filing such
notice with the district court within ten days after service upon the mayor or clerk.
STAFF MEMO
Prepared by:
Community Development
Meeting Date:
Oct. 7th, 2024
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
7
Reviewed by:
Item:
Revocation of Rental license for 109 College Ave N
Revocation of Rental license for 409 College Ave N
ACTION’s REQUESTED
Separate actions requested and include:
109 College Ave N
*Consider Action on resolution 2024-060 revoking the rental license for 109 College Ave N
Please note that Resolution 2024-060 has included language stating that an Interim Use Permit must be filed
and approved (currently one does not exist) prior to reinstatement of a rental license.
409 College Ave N
*Consider Action on resolution 2024-061 revoking the Rental license for 409 College Ave N
*Council has the ability to table action and allow owner another chance to correct issues before the license
is revoked for both addresses*
BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A
REFERENCE AND BACKGROUND
The rental licenses for 109 and 409 College Ave N have been suspended due to inaction to correct code
compliance violations. To-date the owner has not corrected any of the violations therefore the suspension
is being elevated to license revocation subject to Council authorization. Revocations must be approved by
Council. Both properties are owned by KMKM LLC and zoned commercial. 409 College Ave is zoned B-2
Highway 75 Commercial and 109 College Ave N is zoned B-1 Central Business District.
The list of actions taken by staff include:
• Rental renewal notices completed by owner and received by City on May 6th
• 1 initial site inspection for 109 College Ave N (failed inspection)
• 1 initial site inspection and 2 re-inspections for 409 College Ave N (failed re-inspections)
• August 1st letter and email sent to owner and management company with listed violations and
notification of needing a re-inspection by August 12th to prevent denial or suspension of license
• August 13th letter and email sent to owner and management company with listed violations and
notification of needing a re-inspection by August 21st to prevent suspension of license
• August 21st letter and email sent to owner and management company with listed violations and
notification of needing a re-inspection by August 29th to prevent suspension of license (2nd chance)
• August 30th letter and email sent to owner and management company that the license has been
suspended (with citations on previous letters and deadlines). Noted on letter was September 9th
deadline for owner to appeal the suspension
• September 9th deadline for owner to appeal the suspension. No appeal received from the owner.
• September 18th letter and email sent to owner and management company notifying of the
revocation of the license subject to Council approval on October 7th
The list of violations for 109 College Ave N that still need to be
corrected include:
• Mold in bathroom and basement
• Holes in the walls
• Knife struck in bedroom door
• Exterior siding has holes and is falling off the building
• Debris in home and exterior of building
• No fire extinguisher on site
• Egress window is too high
The list of violations for 409 College Ave N that still need to be
corrected include:
• Debris in property and exterior of property
• Holes in concrete walls
• Peeling paint in bathroom
• Mold in bathroom
• Unhealthy living conditions (uninhabitable)
• Floor vent at bottom of stairs is not to Code
• Open outlet in living room
In addition to the rental license 409 College Ave N has an active Interim Use permit on file (IUP was just
renewed in June). Staff could not find an active IUP on file for 109 College Ave N. The Interim Use permit is
required for properties that are zoned Commercially but used as single-family rental. Purpose is to allow
single family rental (considered a legal non-conforming use) through an Interim Use process until such
time that the majority of the block is Commercial.
Conditions of the Interim Use permit state that the Interim Use permit shall expire if the use ceases after
one year. So, if license is revoked and new license not obtained after one year of the rental use ceasing (from
the date of suspension listed as August 30th) then the Interim Use permit is no longer valid and would prevent
rental on the property indefinitely as the use would have to transition to the allowed use of Commercial.
BUDGET IMPACT None
SUPPORTING DATA/ATTACHMENTS
Resolution 2024-060
Resolution 2024-061
RESOLUTION 2024-060
REVOCATION OF RENTAL LICENSE FOR 109 COLLEGE AVE N
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, AS FOLLOWS:
WHEREAS, the City Council has authorized the revocation of rental license for the subject property
identified as:
109 College Ave N
Parcel Identification: 84.53909.0000
WHEREAS, the owner is listed as KmKm LLC; and
WHEREAS, the city suspended the rental license for the subject property on August 30th, 2024 after
failed inspections. Letters and emails were sent to the owner and management company which provided
detailed information of the failed inspections; and
WHEREAS, the owner failed to appeal the License Suspension by the September 9th, 2024 deadline as
indicated on the August 30th, 2024 letter and email sent to the owner and management company; and
WHEREAS, The owner and management company was notified in a letter and email dated September
18th, 2024 that the suspended license will be considered for revocation at the October 7th City Council
meeting; and
WHEREAS, The rental license for the subject property is hereby revoked by the City of St. Joseph; and
WHEREAS, The owner may reinstate the license by obtaining the required Interim Use permit, paying
all applicable fee’s to reinstate their rental license, correcting all code compliance violations, and passing
all required inspections per Ordinance 505 Subd.9; and
WHEREUPON, this Resolution was declared passed and adopted this 7TH day of October, 2024
Rick Schultz, Mayor
ATTEST
David Murphy, Administrator
RESOLUTION 2024-061
REVOCATION OF RENTAL LICENSE FOR 409 COLLEGE AVE N
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH,
MINNESOTA, AS FOLLOWS:
WHEREAS, the City Council has authorized the revocation of rental license for the subject property
identified as:
409 College Ave N
Parcel Identification: 84.53638.0000
WHEREAS, the owner is listed as KmKm LLC; and
WHEREAS, the city suspended the rental license for the subject property on August 30th, 2024 after
failed inspections. Letters and emails were sent to the owner and management company which provided
detailed information of the failed inspections; and
WHEREAS, the owner failed to appeal the License Suspension by the September 9th, 2024 deadline as
indicated on the August 30th, 2024 letter and email sent to the owner and management company; and
WHEREAS, The owner and management company was notified in a letter and email dated September
18th, 2024 that the suspended license will be considered for revocation at the October 7th City Council
meeting; and
WHEREAS, The rental license for the subject property is hereby revoked by the City of St. Joseph; and
WHEREAS, The owner may reinstate the license by paying all applicable fee’s to reinstate their license,
correcting all code compliance violations, and passing all required inspections per Ordinance 505 Subd. 9;
and
WHEREUPON, this Resolution was declared passed and adopted this 7TH day of October, 2024
Rick Schultz, Mayor
ATTEST
David Murphy, Administrator
STAFF MEMO
Prepared by:
City Administrator
Meeting Date:
10/07/2024
☐ Consent Agenda Item
☒ Regular Agenda Item
Agenda Item #
8
Reviewed by:
Item:
Municipal Dispensary Agreement
ACTION REQUESTED
Discussion and Direction from Council.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
N/A.
PREVIOUS COUNCIL ACTION
The Council previously authorized staff to explore the possibility of a municipal dispensary
agreement.
REFERENCE AND BACKGROUND
Red Pine Group has provided a letter of intent to enter into an agreement with the City to
operate a municipal dispensary. We have received a proposed Letter of Intent from Red Pine
Group and have had Kennedy & Graven review the letter. Kennedy & Graven has a number of
client cities that appear to have received the exact same letter of intent.
A copy of Kennedy & Graven’s review of the letter of intent is included with this agenda item.
Their letter identifies 10 areas of concern that would need to be clarified prior to their making a
recommendation to the City to sign the agreement.
BUDGET IMPACT
Unknown at this time.
STAFF RECOMMENDED ACTION
Discussion and direction with staff on how or whether to proceed with negotiating the terms of
the LOI with Red Pine Group.
SUPPORTING DATA/ATTACHMENTS
Red Pine Group Letter of Intent.
Kennedy & Graven Review of Letter of Intent.
CONFIDENTIAL
September 20, 2024
City of St. Joseph
Cc: David Asp
Dear Rick,
Thank you for allowing Red Pine Group LLC (hereinafter referred to as RPG) to share the details of our retail cannabis
BPO strategy and for sharing details about your city.
Set forth below are the preliminary principal non -binding terms and conditions under which RPG its affiliates, or any
of its designees (“RPG”) and City of St. Joseph, its affiliates, or any of its designees (“Municipality”) mutually agree
to work towards executing various agreements including but not limited to a Sale-Leaseback performed by Koach
Capital (PSA), Operating Agreement, Master Services Agreement (MSA), License Agreement with the State of
Minnesota (all agreements hereinafter referred to as the “Transaction”) with more specific details as follows:
1. Terms and Letter
of Intent
Contemplated sources & uses and economics of the Transaction are reflected below:
RPG expects there to be five components of the Transaction:
1. Municipality would execute an operating agreement for the formation of St.
Joseph RPG LLC. St. Joseph RPG LLC will have ownership as follows: Municipality
will own 25% and RPG will own 75% (or the maximum allowed by
law/regulations). Municipality will apply for and request a retail license by the
state under St. Joseph RPG LLC.
2. Municipality and RPG will agree upon a location, hours, buildout and operations
of a dispensary utilizing license issued by the state.
3. Koach Capital and/or its affiliates will purchase agreed upon location and provide
all or a portion of the tenant improvements for a 15-year lease as part of sale-
leaseback transaction. This lease will be 11.95% or less of the total provided
funds (for purchase and tenant improvements).
4. RPG will provide the remaining Tenant Improvements, inventory and other
miscellaneous start-up expenses.
5. St. Joseph RPG LLC will enter into a Master Services Agreement with RPG or its
assignee through which all business functions, including but not limited to the
marketing, accounting, payroll and other expenses will be drawn down and
adjusted quarterly and leaving 25% of the profits associated with the location to
be distributed to the Municipality or its assignee.
2. Confidentiality /
Non-circumvent
The parties mutually agree that all information and/or documents reviewed by the recipient
or given to the recipient belong to the disclosure of such information and are to be treated
as highly confidential. The parties agree that it shall at all times do everything that is
necessary to safeguard the said confidentiality and it shall not divulge the confidential
information to any third party (other than the recipient’s advisors) and further agree that
it shall not use the confidential information in any manner whatsoever, be it directly or
indirectly. Furthermore, Municipality agrees to a Non-circumvent and No-shop for four (4)
months: The Municipality shall not, and shall cause (to the extent it has the Legal Right) its
Affiliates and its and their directors, officers and similar agents not to, (i) solicit, initiate or
encourage the submission of any proposal or offer from any Person relating to the
acquisition of any of the Acquired Municipality Equity Interests or any substantial portion
of the Acquired Municipality Assets (including any acquisition structured as a merger,
consolidation or share exchange) or (ii) participate in any discussions or negotiations
regarding, furnish any information with respect to, assist or participate in, or facilitate in
any other manner any effort or attempt by any Person to do or seek a ny of the foregoing.
The Municipality will use commercially reasonable efforts to cause its financial advisors and
other representatives not to do any of the foregoing. Nor will the Municipality seek to go -
around RPG and directly communicate with any parties introduced or identified to seek to
go-around RPG and directly communicate with any parties introduced or identified to
Municipality.
3. Expenses
a) RPG and Municipality shall pay its own costs and expenses incurred (including any
broker’s fees, finder’s fees and the fees and expenses of its lawyers and other
advisors).
b) RPG will reimburse Municipality for attorney fees relating to securing the retail
license from the state.
c) All incurred fees shall be mutually agreed upon such as acquisition fees, closing
costs and advisors, will be included in enterprise value and deducted from
proceeds at closing.
4. Termination
This LOI will terminate (“Termination Date”) with the parties having no obligations to each
other, other than the confidentiality provisions of the parties’ signed NDA, if:
a) Either party, in writing, gives notice to terminate this LOI;
b) RPG breaches the terms of this LOI and fails to cure the breach within ten (10) days;
c) the Definitive Agreement has not been executed by 5:00 p.m. Central time on October
30, 2024.
5. Non-Binding
Agreement
The matters set forth in this letter agreement constitute an expression of the parties’
mutual intent only and do not constitute a binding agreement among the parties with
respect to the proposed Transaction or otherwise impose any obligations on the parties.
Any such obligation shall only arise upon execution and delivery by the parties of a
Definitive Agreement with respect to the actual MSA, and only to the extent provided
therein. No party may bring any claim or action against any other party as a res ult of a
failure to agree on or enter into a Definitive Agreement as contemplated hereby. Without
limiting the foregoing, the provisions of this letter agreement are subject to completion of
due diligence and subject to agreement by RPG and Municipality.
Except with respect to Paragraph 2 above upon the execution of this letter agreement
which is intended to be binding between the parties, this letter agreement is a non -binding
expression of the parties’ present interest and does not create legally binding obligations
between the parties.
6.
Schedule/
Requirements
Due Diligence and completion of entity docs and offering typically takes significant time for
RPG to complete. Upon signing this LOI, RPG will establish a mutually accessible data room
where Municipality will have ongoing access the following:
1. Background information of all associated parties
2. Municipality Overview, Branding, and all 3rd party Licensing agreements.
3. Operating Agreements w/Cap Tables, Corporate Resolutions, Minnesota State
License Details.
4. Detailed proforma on the location.
5. Property addresses and details, including surveys, appraisals, title policies,
insurance policies, mortgages and or leases.
6. Banking records and Tax returns.
7. List of vendors and breakdown of cost of goods sold.
7. Counterparts
This letter agreement may be executed in one or more counterparts which may be
delivered by facsimile transmission, each of which will be deemed to be an original and all
of which, taken together, will constitute one and the same agreement. The term “including”
shall have the inclusive meaning of “including without limitation” in this letter.
Acknowledged and Agreed as of September 20, 2024:
MUNICIPALITY
By: _________________________________________
Name:
Title:
Date: September 20, 2024
RED PINE GROUP LLC
By: __________________________________________
Name: Zander Abrams
Title: Manager
Date: September 20, 2024
SA690\3\980288.v2-10/3/24
Joseph L. Sathe
Fifth Street Towers
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
(612) 337-9255 direct
email: jsathe@kennedy-graven.com
MEMORANDUM
TO: Mayor and City Council, City of Saint Joseph
FROM: Joseph L. Sathe, Legal Counsel
DATE: October 3, 2024
RE: Review Letter of Intent from Red Pines Group
The City of St. Joseph asked that I review the letter of intent proposed by the Red Pines Group
(RPG) related to establishing and operating a cannabis retailer. The following are a list of high-
level comments I have regarding the RPG proposal. There are many unknowns in the cannabis
regulatory space at this time, so some of these comments may be addressed by legislative changes
or updates to administrative rules, or which may be dealt with through the various proposed
agreements.
If executed, the City and the Red Pines Group would begin negotiations on the agreement(s)
necessary to move forward.
Formation of LLC – The RPG proposal is for the City and RPG to for a limited liability
corporation with ownership split between the City and RPG, with RPG owning the maximum
allowed under the law. Minnesota Statutes, section 465.717 provides that a city “may not create a
corporation, whether for profit or not for profit, unless explicitly authorized to do so by law.” I am
not aware of any explicit authority for a city to form an LLC.
LLC Holding License – If the City is permitted to form an LLC, the RPG proposal provides that
an LLC will hold the license. However, Minn. Stat. 342.32 subd. 4. provides that a city may
“establish own and operate a municipal cannabis store subject to the restrictions of this chapter.”
Minn. Stat. 342.14, subd. 7 (a) provides additional clarity that the license must be issued “to a city
or county seeking to establish, own, or operate a single municipal cannabis store…” if certain
requirements are met.
If the LLC is holding the license, the license is not issued to the city. It is not clear whether an
LLC can hold a city license.
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Entity Holding License not Controlled by City – If the city is permitted to form an LLC and if
the LLC is able to hold the city-license, under the RPG proposal, the City does not have majority
ownership of the LLC. The proposal is for Red Pines to control 75% or the maximum allowed by
law/regulations.
It is not clear whether an LLC without city-majority ownership or control could hold a city license.
Prohibition on holding multiple licenses – Depending on the relationship between the City and
RPG, and RPG’s work with other municipalities, it is possible that the RPG could be prohibited
from holding or being involved with multiple retail licenses. If this were to be the case, and RPG
is successful in obtaining a license using this model with another city, St. Joseph could then have
to start over with a different model or business partner.
OCM discretion – If the City is comfortable with these unknowns and chooses to move forward,
the Office of Cannabis Management (OCM) has the discretion to “refuse to issue a license to a
city or county if the office determines that the issuance of the license would be inconsistent with
the goals of subdivision 1a [Market Stability].” The Market Stability subdivision provides that the
OCM will issue licenses necessary to ensure there is a sufficient supply of products, provide market
stability, ensure the market is competitive, and limit the sale of unregulated products. See Minn.
Stat. 342.14, subds. 1a and 7.
The OCM has established maximum total number of licenses that are available to social equity
applicants and separately to all applicants. A municipal license does not count towards either limit
and is not subject to any lottery. The OCM may determine that the model being proposed by the
Red Pines Group is attempting to circumvent both the advantages established in the legislation for
social equity applicants and the process for all other private businesses, and choose to not issue
the license to the city depending on the ownership structure.
Sale-Leaseback Agreement – RPG proposes a sale-leaseback agreement. Any financing
agreements should be sent to the city’s bond counsel for review to ensure there are not public
financing implications.
Competitive Bidding – While not addressed in the proposal, the fact that public funds will
ultimately pay for the building means that the competitive bidding laws could be implicated and
required to be followed.
Liability, Tort Cap, and Insurance Coverage – It is unclear how a proposal using an LLC as the
license holder would impact the city’s tort liability cap under Minnesota Statutes, section 466.02
and if LMCIT would provide insurance for such an endeavor.
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Confidentiality
The confidentiality section must be amended to provide that:
“Minnesota Government Data Practices Act. RGA acknowledges that all data collected, created,
received, maintained, or disseminated by the City is subject to the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13 (“MGDPA”). The MGDPA shall govern the
classification of data and information subject to this Agreement, including that certain data may
be classified under the MGDPA as being public but defined by the Red Pines Group as being
“confidential.” This Agreement shall not be construed to infringe or impede the City in performing
its obligations under the MGDPA. The Red Pines Group agrees that costs, damages, if any, and
attorneys’ fees in any proceeding commenced by Red Pines Group or at its request by the City to
prevent or enjoin the release of Confidential Information in any public records relating to this
Agreement shall be borne by the Red Pines Group. Red Pines Group acknowledges that this
Agreement, is considered to be public data under Minnesota Statutes, section 13.03, subdivision
1.
Confidential information in written or otherwise tangible form must be marked as confidential and
information conveyed verbally must be identified verbally as confidential.
Red Pines acknowledges that this agreement is public data.”
Non-Circumvent – I do not recommend agreeing to this provision as written. It refers to undefined
terms and given the uncertainty regarding whether the proposal is tenable, the City should not be
limited in its ability to seek other partners should this proposal fall through.
Termination Date
I recommend amending that the termination date of the LOI to a later date than October 30, 2024.