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Home My WebLink About2007 [05] May 03 {Book 40} I I www.cityofstjoseph.com CITY OF ST. JOSEPH I St. Joseph City Council May 3, 2007 7:00 PM I 1. Call to Order I 2. Approve Agenda Administrdtor Judy Weyrens I Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick 3. Consent Agenda a. Minutes - Requested Action: Approve the minutes of April 5 and April 19, 2007. b. Bills Payable - Requested Action: Approve check numbers 038750 - 038805. c. Change Order - Requested Action: Approve Change Order #4 for the Centennial Park Project increasing the project costs by $1,235.00. d. Application for Payment - Requested Action: Approve Final Pay Application #8 for the 2005 Cloverdale Improvement Project and authorize payment to Larson Excavating Contractors in the amount of $21,964.89. e. Application for Payment - Requested Action: Requested Action: Approve Pay Application #14 for the Water Treatment Facility and authorize payment to John T. Jones in the amount of $11 1,873.88. f. District 742 - Development Agreement, Final Plat - Requested Action: Authorize execution of the Developers Agreement between the City of St. Joseph and District 742 and authorize the Mayor and Administrator to execute the Final Plat entitled Rivers Bend. I I MdYor Richdrd Cdrlbom I I 4. Public Comments to the Agenda I 5. 7:05 Public Hearing - Establishment of Development District No.2 and establishment ofTIF District 2-1. 6. 7:10 Public Hearing - Alley Vacation Request I 7. 7:15 Millstream Shops and Lofts - Collegeville Development Group PreliminarylFinal Plat Millstream I I 8. City Engineer Reports a. Water Tower Update 9. Mayor Reports 10. Council Reports I 11. Administrator Reports a. Metering System - Request for Bids I 12. Adjourn I I I 2.) College Avenue North, PO Box 6b8 . Sdint. Joseph, Minnesotd )6)"74 Phone )"2.0.)"6)"72.01 FdX Fo.)"6)".0)"42. Council Agenda Item 3a ern' OF ~T. JOSI<;.>U MEETING DATE: May 3, 2007 AGENDA ITEM: 19,2007. Minutes - Requested Action: Approve the minutes of April 5 and April SUBMITTED BY: Sarah Bialke BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: ATTACHMENTS: Minutes - April 5 and April 19, 2007 REQUESTED COUNCIL ACTION: Approve the minutes of April 5 and April 19, 2007. April 5, 2007 Page 1 of 6 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 5, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Steve Frank, City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola, Public Works Director Dick Taufen Others Present: Gary Grossinger, Jason Krebsbach, Mike Heidermann, Dennis Dahlman, Margaret Hughes, Kelly Lemke, Bob Lindvahl, Jeri Bechtold, Tom Wicks, Beth Gallus, Janice Willis Approve Aqenda: Wick made a motion to approve the agenda with the following additions/deletions: Add 5b Delete 3f Move 3e Add 7b Add 11c Boys & Girls Club District 742 - Development Agreement & Final Plat Maintenance Department Promotion for discussion with Mayors Report Public Works Director Reports Acceptance of Donation The motion was seconded by Rassier and passed unanimously. Consent Aqenda: Rassier made a motion to approve the consent agenda as follows: a. Minutes - Approve the minutes of March 15, 2007. b. Bills Payable - Approve check numbers 038597-038671. c. Application for Payment ~ Approve Pay Applic;ation #13 for the Water Treatment Plant and authorize payment to John T. Jones in the amount of $112,763.07. d. Water Meter Purchase - Authorize the expenditure of up to $7,600 to install new meters for well numbers 4 & 5, accepting the quote of William E. Young Company. e. Maintenance Department Promotion - Promote Randy Torborg from Maintenance Worker to Utility Operator effective April 6, 2007 placing him at a step 4 of the Wage Scale. f. Deleted The motion was seconded by Wick and passed unanimously. Public Comments to the Aoenda: No one present wished to speak. Stearns County Assessor: Gary Grossinger, Kelly Lemke and Bob Lindvahl of the Stearns County Assessors Office approached the Council to discuss the 2007 Assessment Valuations. Grossinger advised the Council that the 2007 Equalizations/Market Valuations are complete and are in the mail. He added that there will be an open book meeting held on May 16 in the Council Chambers at which residents can come and share any concerns regarding their property tax statements. Kelly Lemke worked as the appraiser for the residential properties in St. Joseph. She reported that in 2006, there were 81 qualified sales. Based on these sales, residents will see an average increase in market value between 7-11 % from the previous year. Lemke added that they viewed 553 parcels in St. Joseph with 148 of them being commercial. Based on the building permits issued in 2006, the total new construction increased from 2005 as well. Residents will have the ability to discuss their proposed market value for 2008 at the open book meeting that will be held on May 16. If residents disagree with the amount that is shown on their tax statements, they should bring a current appraisal as well as a market analysis of their home with them to the meeting. Frank questioned whether people can call the Assessors Office prior to attending the meeting to which Lemke stated would be preferred. Frank questioned why the City switched to Stearns County for assessor services. Weyrens stated that the City Assessor retired in 2006 and at that time the City agreed to contract with the Stearns County for the services. The Stearns County Assessor is responsible for administering the market value and were April 5, 2007 Page 2 of 6 involved in the process with the City Assessor. It make sense to contract with the County. The cost of the City Assessor versus the County is similar. The City will save on efficiency. Residents will not have to deal with the City Assessor first and then the County. Rassier stated that the appeal process is different with the County then with the local assessor. He added that in his opinion the City has grown past the point of having a local assessor. Bob Lindvahl approached the Councilors stating that he was in charge of the commercial properties. He stated that the apartment values increased approximately 9% in the general market area which consists of St. Joseph, Waite Park and Sartell. The commercial/industrial properties were broken down into three markets: 1 . Downtown 2. Highway 3. Industrial Park These properties saw the least increase. These properties saw a large increase. These properties saw a large increase. According to Lindvahl, the Highway properties and those in the Industrial Park saw large increases primarily due to the increased land values. He stated that since some of the non-residential properties will see considerable increases, they would like to be proactive and send a letter to those property owners before sending the notice of market value. These property owners could see increases as much as 20%. The land values are determined by the land sales. Lindvahl stated that there are approximately 50 parcels which are affected by the large increase, three of which are improved parcels and 4 or 5 that are vacant land. He added that they would like these property owners to call them to make an appointment to go the County and discuss their changes. Carlbom stated that while the Council agrees that a letter should be sent non-residential property owners who will see a significant increase; however, Carlbom requested a list of affected commercial/industrial properties showing the increases. Bovs and Girls Club: Tom Wicks, director of the Boys and Girls Club approached the Council to discuss the programs they have available. He stated that they currently have three buildings in St. Cloud as well as sites in 12 of the St. Cloud area schools. The Boys and Girls Club has had a site at Kennedy School since 1986 which is open Monday - Friday. Approximately 25% of the students attend the Kidstop Program at Kennedy. On Tuesday, Thursday, and Friday, they also offer an evening program at which they normally get 40-50 students per night. Wicks stated that they would like to continue to offer the summer rec program and they expect a 20% in participation this summer. Jeri Bechtold approached the Council as well on behalf of the Boys and Girls Club. Bechtold stated she is responsible for the summer recreation and Kidstop programs. The proposed program for 2007 will be expanded this year to try and keep the kids in town active by adding some sports and theatre programs. They also plan to add a keystone group for those kids who are 15 and older. Bechtold introduced Beth Gallus as the Youth of the Year and asked her to share her experience with the Boys and Girls Club. Gallus discussed the positive impact the St. Cloud Boys and Girls Club has had on her life and how it has shaped her for the future. Carlbom stated that the Council has approved the financing of the 2007 Summer Recreation program for St. Joseph up to $1,500. He added that the City will need to find ways to finance the projected program shortfall. Premises Permit - Boxers Club: Mike Heidermann, President of the St. Cloud Boxers Club, was present at the meeting to discuss their request for a Premises Permit at Trobecs Event Center. He stated that their group works with approximately 70-90 area students. His main focus is to help facilitate wrestling for girls. The main issue of concern was that of whether or not they provide a broad base benefit to the trade area. Carlbom questioned if any proCE;leds are kept in St. Joseph. According to Heidemann, they have donated money to the Boys and Girls Club in the past and they are open to requests for donations. He added that approximately 90% of their proceeds stay within the St. Cloud area. Although their proceeds won't benefit St. Joseph directly, there are kids from St. Joseph that do participate in their programs and they will make sure that 10% of their proceeds are spent in town, similar to Sauk Rapids. Weyrens asked whether or not their program will meet the broad base criteria set in the Ordinance, Rassier stated that they have donated to the local Police and Fire Departments, which he feels is broad-based. Carlbom questioned April 5, 2007 Page 3 of 6 Heidermann to their approval process. Heidermann stated that funds are donated to different groups based on their needs and whether or not they are legitimate requests. Rassier made a motion to acc~pt the Premises Permit for Boxers Workout Gym for lawful gambling at Trobec~s Event Center, 213 - 20th Avenue for a trial period atone ye.ar. The motion was seconded by Wick and passed unanimously. Affordable HousinCl: Jason Krebsbach, Central Minnesota Housing Partnership, was present to speak to the Council on behalf of the Life Cycle Housing Board and the proposed changes to the resale process for Life Cycle homes. Krebsbach stated that there are 28 homes currently using the GAP financing. The current GAP financing does not maintain long-term affordability for these homes. To maintain long term affordability, they are proposing that these homes be cbnverted from Life Cycle homes to Community Land Trust Homes at the time of re~sale. Currently, 1 of the 28 homes financed through GAP financing is in 81. Joseph. There were some questions raised by the Councilors. Carlbom stated that with the previous financing, the homeowner would have some value after 11 years. With the new program, the home will stay at the same price. Krebsbach explained that they will use a shared equity formula as well as the 99 year land lease program. Wick questioned where the funds would come from once the seller pays back the original GAP loan. He also questioned whether any current homeowners would see any changes. Krebsbach stated that they would not see any changes until there is a change in ownership. At that time, the new owner would sign a land lease for $25/month. By converting to a Community Land Trust program (CL T), they will be able to get people into homes easier. Wick questioned whether the homeowner would continue to pay the property taxes as they do not own the land; rather they are renting the land. Krebsbach stated that the homeowner would continue to pay the full property tax. According to Krebsbach, the homeowner has the first right to buy the property; however the lease on land would disappear if the home were foreclosed on. Krebsbach stated that Councilor 8ymanietz is the City Representative and Vice Chair of the Life Cycle Housing Board. They are looking to amend the Joint Powers Agreement however there is no resolution needed, rather a motion showing the City's' approval of the conversion. The main change is that with the CL T, the home cannot be sold to anyone not income qualified for 99 years. Carlbom stated that it would only affect those future homebuyers. Krebsbach advised the Council that if the Council does not approve the program, the program would disappear. He added that there is a need for residential housing and this is the future of financing affordable housing. Krebsbach stated that lenders are no longer funding Life Cycle Housing. Although the Life Cycle Housing Board is not requesting that this Joint Powers Agreement be amended, Carlbom stated that this issue will be reviewed and discussed at the next Council meeting at which a decision can be made. Wick stated that he would like an opinion from the Attorney as to whether or not the Joint Powers Agreement should be amended to show the change. PUBLIC WORKS DIRECTOR REPORT Plow Truck Purchase: Dick Taufen, Public Works Director, approached the Councilors requesting authorization to purchase a 1991 Ford F800 Truck from the City of Apple Valley. The truck has approximately 65,000 miles of use and has a new box. This truck would be the 4th truck that the City has purchased from the City of Apple Valley. The minimum bid was $19,000. Taufen stated that Apple Valley has purchased a new truck, thus selling the old one. According to Taufen, there is no need to spend the additional money to purchase a brand new one as it is used primarily only in winter. Weyrens stated that this type of purchase was included in the Capital Improvement Plan. Frank made a motion to approve the purchase of the 1991 Ford F8DDD from the City of Apple Valley at a bid price of $20,966.66. The motion was seconded by Wick and passed unanimously. New Emplovees: Taufen stated that the new employees seem to be working out well and both seem to be good workers. April 5, 2007 Page 4 of 6 Meters: Rassier questioned when the new well meters will be installed. Taufen stated that they will be installed in the next month. He added that the new meters will help with the amount of miscalculated water and that they are less expensive to repair than the old meters. Water Plant: Taufen reported that they will begin training at the New Water Plant next week. CITY ENGINEER REPORTS 2007 East Side Improvements - Advertisement for Bids: Ekola reported that the Council previously ordered the Plans and Specifications for the 2007 East Side Mill & Overlay Project. She added that since then, the improvements to the Klinefelter Parking Lot have been added. The proposed schedule is as follows: Public Improvement Hearing Council Ordered Advertisement of Bids Advertisement of Bids Bid Date Assessment Hearing Award Bid (30 days after hearing) Substantial Completion March 7 April 5 April 16 and April 23 May 8 May 31 July 5 August 31 According to Ekola, the Council will hold the Assessment Hearing before awarding the bid to see the impacts of the improvement prior to awarding a bid. Rassier made a motion to adopt Resolution 2007-013 Approving the Plans and Specifications and Ordering the Advertisement for Bids for the 2007 East Side Mill and Overlay Improvement. The motion was seconded by Frank and passed unanimously. MAYOR REPORTS Speed Study: Carlbom reported that previously a resident had requested that the City conduct a speed study of that portion of County Road 2 from the City limits to 1-94. He added that the request was received when Hosch was Mayor and nothing has yet been done. Wick stated that by doing a speed study, the speed could increase. Carlbom stated that there would most likely not be an increase as it is only a 2-lane road. He is asking that the City authorize Weyrens to send a letter to Stearns County requesting that they do a speed study for that area. Carlbom made a motion to authorize Weyrens to formally request Stearns County to conduct a traffic study on CR 2 as you go to Cold Spring, with the understanding that the City will not cost share in the Study. The motion was seconded by Frank. Rassier stated that he is not in favor of a traffic study being completed for this area. Carlbom advised the Council that it would be at no cost to the City as we would ask the County to fund the study. Ayes: Carlbom Nays: Rassier, Frank, Wick Motion Fails 1 :3:0 Kennedv School Site: Carlbom reported that the School Board has accepted the letter regarding the City securing a first right of refusal for the Kennedy School Site. He stated that he will be meeting with District 742 Superintendent Bruce Watkins to discuss the matter further. Frank stated that before this goes too far, the City needs to hold meetings with the residents to get their input as to what they want for the City. He added that it is important to have a vision before making a bid. Wick stated that the first step is to begin discussions with the School Board and then to look at the pros and cons of renovating another facility. He questioned whether that park would be used as a City Park. Rassier stated that the 17 acres that come with the school is the big benefit to purchasing this property. April 5, 2007 Page 5 of 6 Wick and Frank both believe in holding town meetings to discuss this further. According to Weyrens, the first step would be to inquire about the costs for purchasing the property and then secondly to rook at the costs for posSibly renovating the site. Carlbom stated tMt one big question is whether or not City Hall should mOve. He stated that he received several phone calls regarding a possible community center in St. Joseph. According to Rassier, there are a lot of options for the City to look at. He did state his concern for taking this property off of the tax roll as it would be a government center. Before making too many decisions, Weyrens stated that it would be best for Carlbom to first meet with Mr. Watkins and get the information. She added that the City is not looking to make a bid at this time. COUNCIL REPORTS WICK Centennial Park Remodel Update: Wick advised the Council that the bathroom and kitchen facilities at Centennial Park have been demolished as part of the 2007 Improvement. The cabinetwork and electrical improvements are scheduled to be completed the week of April 20, 2007. Wick reported that $t. Joseph Resident Dave Mehr, owner of Central Minnesota Ceilings has donated his time and materials for the ceiling. The improvements to the shelter must be complete no later than May 1, 2007 as that is when the parks open for the season. Carlbom made a motion to accept the donation of time and materials for the ceilings from Dave Mehr of Central Minnesota Ceilings. The motion was seconded by Rassier and passed unanimously. RA8SIER Planninq Commission Meetinq Update: Rassier advised the Council that the Planning Commission recently met and discussed the possible splitting of the LaPlayette property. Mark Zimmer, owner of the La Playette, has requested authority to split the building so that a portion can be sold to a new business. Rassier stated that the main focus of discussion was parking; however, due to the fact that they are not changing the use, the City cannot require any additional parking. Weyrens added that when the LaPlayette was originally built, the Zoning Ordinances were not in place. Zimmer is required to have parking for past approvals such as when the building was increased in 1984. This addition required 15 parking spaces. Weyrens stated that the matter will be placed on the next City Council agenda and the parking detail will be included. FRANK APO Full Board: Frank stated that he attended the APO Full Board meeting at which they discussed future growth and transportation in the 8t. Cloud area. They also continued their ongoing discussion of the possibility of Hwy 15 being an interstate with 6 lanes. There is also some concern with the number of accidents near the intersection by Sam's Club as the accident rate in the 8t. Cloud area is higher than the State averages. He added that there was also some discussion about the closing of several access points along Hwy 23. According to Frank, the Southwest Beltway will possibly connect Hwy 23 with CR 75 and theremay, at some point, be an outer beltway similar to that of 694/494. He was surprised to hear that if the Light Rail is continued to St. Cloud that it would not affect traffic along 94; however, it would have an impact on Hwy 10. Frank mentioned that Ekola is on the APO TAC as the City's representative. Ekola advised the Council that the TAC meets approximately 4-6 times per year. She added that the possible outer beltway is not planned for the next 50-100 years, but she stated that they are beginning to plan now to secure right of way. Recreation Committee: Frank advised the Council that the Recreation Committee is beginning to form and they have begun to put meetings together. ADMINISTRATOR REPORTS April 5, 2007 Page 6 of 6 liquor Ordinances: Previously the Council has been reviewing possible changes to the Liquor Ordinances. Since the last meeting, there were some minor changes made to be consistent throughout the Ordinances as well as some minor grammatical errors. Wick made a motion to approve the amendments to Ordinances 71, 72, 73 and adopt Resolutions 2007~009, 2007-010, 2007-011, authorizing the summary publications to be published. The motion was seconded by Rassier and passed unanimously. Gamblina Application - Church of St. Joseph: Weyrens presented the Council with a Special Event Gambling application for the St. Joseph Church. The license coincides with the Fourth of July celebration scheduled on July 3 and 4. The gambling will take place on Parish property. Frank made a motion to accept the Exempt Gambling Application for the Church of St. Joseph for an event on July 3 and 4, 2007. The motion was seconded by Wick and passed unanimously. Tax Capacity Rates: Weyrens advised the Council that she provided a table showing the final tax capacity rates for other cities within Stearns County and the area cities as well. She added that few cities saw an increase for 2007. Adiourn: Frank made a motion to adjourn at 9:20 PM; seconded by Wick and passed unanimously. Judy Weyrens Administrator DRAFT April 19, 2007 Page 1 of 9 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Thursday, April 19, 2007 at 7:00 PM in the St. Joseph City Hall. Members Present: Mayor Richard Carlbom, Councilors AI Rassier, Dale Wick, Steve Frank, Renee Symanietz City Administrator Judy Weyrens City Representatives Present: City Engineer Tracy Ekola, Public Works Director Dick Taufen Others Present: Tom Wicks, Janice Wilson, Jeri Bechtold, S. Margaret Wurm, S. Kara Hennes. Approve Aoenda: Symanietz made a motion to approve the agenda with the following additions: Add 12h Non-Intoxicating Liquor License for the Local Blend The motion was seconded by Rassier and passed unanimously. Consent Aqenda: Symanietz made a motion to approve the consent agenda as follows: a. Bills Payable - Approve check numbers 038672 - 038749. b. Donation of Bikes - Declare the bikes as surplus property and allow the Big Brothers/Big Sisters to take possession of the bikes. c. Van Donation - Accept the donation of the 1998 Pontiac Trans Sport Van from the Metro Citizens Police Academy Alumni Association to replace the current K-car. d. Development Plan - Authorize the Mayor and Administrator to execute the Development Agreement between the City of St. Joseph and Scherer Trucking for the construction of an addition to the existing offices. e. Side and Year Yard Variance - Accept the facts of finding of the Planning commission granting Bill and Sally Lorentz, 40 - 5th Avenue NW, a 19 foot rear yard setback and an eight (8) foot side yard variance. f. Well Maintenance - Accept the quote from Traut Well for Maintenance on Well NO.5 in the amount of $3,705.00. g. Sewer Use Ordinance - Authorize the Mayor and Administrator to execute the Amendment to Ordinance 42, Sewer Use and causing the same to be published. The motion was seconded by Rassier and passed unanimously. Public Comments to the Aoenda: No one present wished to speak. Outdoor liquor Event. Sal's Bar - Mav 11. 2007: Weyrens stated that the recently amended Liquor Ordinance allows each license establishment to hold one outdoor event per license year past 9:30 PM. The new Ordinance includes a provision whereby the Council conducts a public hearing for such events and the property owners within 350 feet are notified. The hearing at this meeting satisfies the req u i rement. Jodi Terhaar, Dean of Students at College of St. Benedict, approached the Councilors on behalf of the College of St. Benedict and St. John's University. She stated that the last day of classes is May 11 and graduation is scheduled for the 1 ih at the College of St. Benedict and the 13th at St. John's University. According to Terhaar, representatives from the College as well as the City have met and discussed the events that generally take place after classes are done for the year. Under the advice of the Police Chief and the City representatives, it would be best for an event to be planned at a safe location for students to say their good byes rather than crowding in the streets. They have worked with Sal's bar to use an area to the west of Sal's for such. It is proposed to fence an area that will be used as a beer garden until midnight. After midnight beer can only be sold inside the establishment, but can be consumed in the fenced area. DRAFT April 19, 2007 Page 2 of 9 After 1AM the students will be allowed to stay in the area and the CSB and SJU will provide free pop and pizza. Terhaar added that the Student Senates are responsible for the event and will provide additional security as required by the Police Chief. Symanietz questioned the hours of the event. According to Kyle Schneider, Sal's Bar, the event will run from 9PM to 2:30AM. Rassier stated that the purpose of the event is to keep the students from crowding on College Avenue, but he was curious as to how those students from off-campus parties and other establishments will be gathered to Sal's. Carlbom stated that the Police will try to move the students to the designated area; however, they will be patrolling the whole City in the event that not all students attend the planned event. Rassier advised Schneider that by holding this event, they are using up their one event for the license year. At this time Mayor Carlbom opened the Public Hearing. S. Margaret Wurm, Sf. Benedict Monastery, approached the Councilors to speak regarding the proposed Outdoor Event. She stated that they are the closest neighbor to the proposed event and that they had some concerns regarding the noise and trash. She also questioned the possibility of moving the bus site to a different location to avoid having the students gather in front of the monastery. According to Wurm, they never received notice of the event. Weyrens advised her and the Councilors that a notice was sent to 104 Chapel Lane. Terhaar added that they are working on securing a better location for the buses to pick up the students after the event. Patrick Wadron, Sf. Cloud State University, spoke to the Councilors stating that the event should be approved, as the students deserve on last night of fun before graduation. Wick made a motion to close the Public Hearing at 7:15 PM; seconded by Symanietz and passed unanimously. From a staff perspective, Weyrens stated that they have provided all necessary information. Rassier stated that this type of event would fit with the new Ordinances. In his opinion, Rassier stated that the bus issue is the biggest issue and should be addressed. He added that it is a good thing to keep this event in a contained area rather than in the streets. Frank made a motion to issue a temporary Outside Liquor Permit to Sal's Bar for an event to be held on May 11, 2007 between the hours of 9:00 PM and Midnight. Outdoor Liquor Event. Church of St. Joseph - Julv 3. 2007: Rick Schwegel approached the Council on behalf of the Event Committee for the 4tn of July. He stated that they will use the same format as last year with the event starting on the 3rd at 6:00 PM with the outdoor concert and the parade and bazaar on the 4th. The first band is scheduled for 7:00 PM; however, there may be another band prior beginning at 6:00 PM. According to Schwegel, they will be raffling off a Harley Davidson motorcycle this year as well. Bobby Vee is planning to perform from 9:00 PM -10:15 PM, at which time there will be a short fireworks display. The last band of the evening will begin at approximately 10:30 PM. Similar to last year, the 4th of July Committee will contact the individual residents in the immediate neighborhood to offer them a hotel for the evening if they prefer. Schwegel stated that the area serving beer will be fenced in and monitored. There will be St. Joseph Officers present as well as a few Stearns County Sheriff Deputies and Church Security. He added that he will be the contact person for the event and all security people will have a phone number at which they can reach him. There were some questions relating to the alleys. Schwegel stated that the East-West Alley will remain open; however the North-South Alley will be fenced similar to last year. Weyrens stated that she received a call from one of the residents that abuts the alley and they had some concerns with the way the security fence was installed last year. They requested that the fence not block the alley as residents were walking around the fence and in front of his windows throughout the evening. Rassier stated that there should be security in this area throughout the evening to avoid such an issue. DRAFT April 19, 2007 Page 3 of 9 Carlbom opened the public hearing and no one present wished to speak regarding the proposed event. Symanietz made a motion to close the Public Hearing at 7:25 PM. The motion was seconded by Wick and passed unanimously. Wick clarified that the event is scheduled to start at 6:00 PM. Carlbom advised Schwegel that they cannot begin to sell beer until 6:00 PM. Weyrens added that they will need a separate Outdoor liquor permit for the 4th. Frank made a motion to issue a Temporary Outside Liquor Permit to St. Joseph's Church for an event to be held on July 3, 2007 between the hours of 6:00 PM and Midnight with the understanding that the fencing on the north/south alley will be placed on the property owned by the parish (western edge). The motion was seconded by Rassier and passed unanimously. Preliminarv/Final Plat - La Plavette: Weyrens advised the Council that in April the Planning Commission reviewed the Preliminary Plat for the La Playette and recommended City Council approval of the plat as well. Mark Zimmer approached the Councilors on behalf of the La Playette. He stated that he is planning to sell the back 1/3 of his building for use as another restaurant. When questioned about the awning on the building, Zimmer advised the Council that the awning may be partially removed except for the area above the doorway, but he does plan to replace the facade. He was unsure as to what the new owner was planning to do on the front of his portion of the building. On behalf of the Planning Commission, Rassier stated that there were some questions relating to whether or not there are two separate sewer services available to the property. According to Weyrens and Zimmer, they were able to locate another sewer line so both businesses will have their own service. Rassier added that parking was another concern of the Planning Commission. Based on review of City Ordinances and past Council discussions, he advised the Council that they cannot require Zimmer to provide any additional parking spaces as they are not changing the use of the building. Frank questioned how the sale of this portion of the La Playette will fit with the development to the East. Weyrens stated that Collegeville Development Group plans to break ground in May. Once the Millstream Shops and Lofts are complete, then the alley will be paved. Zimmer added that they plan to execute the Purchase Agreement in mid-May. Symanietz made a motion to accept the recommendations of the Planning Commission and approve the preliminary and final plat entitled La Playette with the following contingencies: The motion was seconded by Frank and passed unanimously. St. Cloud Bovs and Girls Club. 2007 Summer Recreation: Tom Wicks and Jeri Bechtold approached the Councilors to discuss the possible summer recreation program for 2007. Based on the budget information provided to the Council, Wick questioned whether or not the numbers were specific to summer recreation or if they included the Kidstop program as well. Wicks advised him that the numbers were only for the summer recreation portion. Carlbom questioned the shortfall of $5,000 based on a fee of $50-$60. According to Wicks, that shortfall would be recouped through City and Township contributions. As co- chair of the recreation committee, Frank stated that St. Wendel has not paid anything in the past towards summer recreation and there is no guarantee that they will pay anything this year. He added that a majority of the children involved in the summer recreation program are from Pleasant Acres which is in St. Wendel. Carlbom advised the Council that the Boys and Girls Club will bear the costs for the St. Wendel residents. DRAt-' I April 19, 2007 Page 4 of 9 Bechtold stated that the City has seen a decrease in participation as the registration should be out to parents in January. Many parents have registered their children in alternative programs such as the Waite Babe Ruth and St. Cloud Soccer. Bechtold is confident that with some of the contacts with the volunteers the program will see increased attendance in 2007. Wicks stated that another reason for the shortfall is that expenses have increased as well as staff wages. Carlbom questioned whether they believe they can get 70 children enrolled in the program since they are 4 months behind schedule. Wick questioned whether or not it would be possible to re-structure the program a little bit to decrease costs and shorten some of the programs. Wicks stated that it is possible to look at shortening the programs offered. Carlbom stated that, in his opinion, the Boys and Girls Club do a good job throughout Central Minnesota and they fill a gap in St. Joseph. He commented on the number of older children who participate in the program as mentors. According to Carlbom, their presence in St. Joseph is positive and it is the responsibility of the City to offer these types of programs to residents. Frank made a motion to authorize the expenditure of up to $4,000 for the 2007 Summer Recreation Program. The motion was seconded by Wick and passed unanimously. CITY ENGINEER REPORTS State Aid Mileaqe Desiqnation: Ekola advised the Council that once the City reached a population of 5,000, it became eligible for Minnesota State Aid Funds through MN Dot. She stated that in order to designate a street or portion of the street to the MSA network, the street must be a Collector Road, Arterial Road or a street that receives heavier traffic than normal. Due to increased population, the City now has the ability to add more miles to the network. She added that in the past, the City has used these funds for projects along Minnesota Street and College Avenue (CR121). After reviewing this with the Public Works Director, Ekola stated that they recommend the following roads to be added to the network: · Baker Street E from 2nd Avenue E to ih Avenue E 0.35 miles · 2nd Avenue SE from Minnesota Street E (CR134) to Baker Street E · 4th Avenue SE from Minnesota Street E (CR134) to Baker Street E 0.17 miles 0.19 miles Rassier questioned whether or not the MSA roads can be re-designated at a later date. Ekola replied that they can shift designation; however, if there has already been money spent on that road that money would need to be credited back to the State for future projects. She added that to designate a road, it must start and end at a County or State Aid Route. Wick questioned the classification of the roads used by Ekola. He stated that while the Council has adopted the Transportation Plan for staff use, the Comprehensive Plan has not been amended to reflect such. Therefore he questioned the appropriateness of labeling the roads for MSA purposes. Ekola responded that for MSA purposes the official classification is not as important as to how the road functions. Symanietz made a motion to authorize the Mayor and Administrator to execute Resolution 2007- 014 designating MSA funds and authorizing the same to be certified with the Minnesota Commissioner of Transportation. The motion was seconded by Rassier and passed unanimously. Jade Road Improvements. Advertisement for Bids: Ekola stated that the 2007 Jade Road Improvement Project includes the truck, water and sewer main improvements, trail improvements and Jade Road relocation to the new school site as well as the turn lanes at Iverson Street. She stated that the proposed schedule is as follows: Advertisement for Bids Bid Date April 30 and May 7,2007 May 22, 2007 DRAFT April 19, 2007 Page 5 of 9 Assessment Hearing Substantial Completion Final Completion October 2007 October 6, 2007 July 2008 She stated that the assessments will be paid by the Developer and the School. Ekola stated that the School District has requested the City construct the private improvements as part of the improvement project. The additional costs will be added to the assessment for District 742. The costs for the construction of the Iverson Turn lanes will be carried by the City of St. Joseph and reimbursed at some time in the future through a "Charge in Lieu of Assessment". Wick made a motion to adopt Resolution 2007-015 Approving the Plans and Specifications and Ordering the Advertisement for Bids for the 2007 Jade Road Improvements. The motion was seconded by Rassier and passed unanimously. MAYOR REPORTS APO: Carlbom reported that there will be a Transportation Debate at the State Capital regarding a 10- cent gas tax increase. He stated that it is important to St. Joseph that this increase be approved as it affects many of the organizations that St. Joseph is a part of. New School: According to Carlbom, the School District will have their ground breaking ceremony for the new pre-K - 8 school on May 3 at 1 :00 PM. COUNCIL REPORTS SYMANIETZ St. Cloud Area Economic Development Partnership: Symanietz reported that she attended the meeting of the St. Cloud Area Economic DevelopmentPartnership. They are requesting that St. Cloud State University hold a class offering a regulatory affairs masters degree program for BioScience. LMC Planninq Committee: Symanietz advised the Council that she LMC Planning Committee meet for the annual League Conference. The annual conference is scheduled for June and will be held in Duluth. Animal Walkinq: Symanietz encouraged residents walking their dogs to be respectful and pickup after their dog. WICK Park Board: Wick advised the Council that the Park Board changed their meeting date to the 4th Monday of the month. He also reported that the cabinets are in at Centennial Park and the ceiling grids lines are hung. There are still some fixtures that need to be hung as well as some final touchups. According to Wick, the painting is scheduled for Monday the 23rd. Downtown Committee: On behalf of the Urban Environment Group, Wick reported that they have been working on their first draft of the design standards for the Downtown project. He also added that the Promotions Group has been working hard to promote the events that will be happening Downtown St. Joseph. RASSI ER Planninq Commission Update: Rassier stated that the Planning Commission has reviewed a few different development plans. He reported that the Collegeville Development Group will be presenting their plans very soon. They have also discussed plans such as that of the Office Addition to Scherer Trucking. DRAFT April 19, 2007 Page 6 of 9 Recreation Committees: Rassier encouraged the committee reviewing recreation to consider the implications and opportunities of combing the Park Board and Recreation Association. FRANK Rec Committee: Frank advised the Council that the Rec Committee had their first meeting and their next meeting is scheduled for May 9 at 7:00 PM. He stated that this will be a short term committee as they plan to get their work done in about two months. ADMINISTRATOR REPORTS Affordable Housinq: Previously, the Council was asked to consider the conversion of Life Cycle housing to a Community Land Trust. Weyrens stated that it appears very questionable as to whether or not this type of change should be an amendment to the Joint Powers Agreement. She suggested that this be sent back to the Joint Powers Board for recommendation. Symanietz, the Council Liaison, stated that though there are some benefits to the change, there are a lot of criteria and stipulations that must be met in order to qualify. Weyrens suggested that a letter be sent on behalf of St. Joseph requesting that the Joint Powers Board review the JPA to determine if the proposed change requires an amendment. Carlbom agreed with Weyrens as there are other Cities who have the same concerns regarding the change. Wick made a motion to authorize the Administrator to send a letter to the Central Minnesota Housing Board requesting that they review the JPA to determine if the conversion to a Community land Trust requires an official amendment. The motion was seconded by Frank and passed unanimously. District 742 Plat Update: Weyrens stated that the staff is continuing to work on District 742 on the final documents for the development plan and Plat entitled Rivers Bend District 742. She stated that there are some potential issues with the Sauk River Watershed District and if they are not resolved Arcon Development may not be willing to extend the water and sewer. To help facilitate the permitting process Weyrens stated that she and Wick attended the Stearns County Commissioners meeting to discuss the frustration with the permitting process of the Sauk River Watershed District. While it appears as the matter may be resolved Weyrens stated that she and Carlbom will be attending the Watershed Meeting on May 1, 2007 to prevent any future delays in the permitting process. According to Carlbom, many issues created miscommunications with the Watershed District. Weyrens stated that the ground breaking is still scheduled for May 3, 2007. That same evening it is anticipated that the City Council will approve the final documents for District 742 so the school project can commence. The Building Permit process is also underway and is in the process of receiving State approval. Compost Area: Weyrens stated that previously there had been a request for the Council to waive the compost fee for Senior Citizens. Weyrens stated that in reviewing the request for subsidy, it is the recommendation of staff to deny the request. Currently Senior Citizens receive subsidized refuse with the City discounting the rate 50%. The remaining residents pay the subsidy through higher refuse rates. If the compost fee is reduced the same residents will be asked to subsidize another fee that is managed through the same fund. In checking with the area Cities, Weyrens stated that St. Joseph is the only City that offers a senior rate for refuse. In addition Weyrens stated that the fee charged for the compost sticker is low compared to the surrounding Cities. Rassier stated that the City is not charge more than the cost to operate the compost area and agrees with the denial of the subsidy request. Rassier made a motion to establish a compost fee of $15.00 with no senior citizen discount. The motion was seconded by Wick and passed unanimously. DRAFT April 19, 2007 Page 7 of 9 Public Works Director Dick Taufen stated that the compost area will on April 23, 2007 with the same schedule as in the past - Wednesdays and Fridays 4 - 8:00 or dark which ever is first and Saturdays between 9:00 AM and 1 :00 PM. Reauest to License Five DOQs: Weyrens advised the Council that she has received a request from a future property owner to license five (5) dogs. The current City's Ordinance only allows for two dogs per household. The request came from a property owner who is looking to purchase a home in Northland Heights. Weyrens stated that if the Council would like to approve the licensing of all five dogs, she would suggest that the City contact the current City where he resides to see if there had been any problems with the dogs in the past. Carlbom questioned whether the City has any liability for residents having dogs. According to Weyrens, we require the rabies vaccination in order to get a license. Frank stated that due to the fact that the Ordinance only allows for two dogs to be licensed, he suggested that if the Council approves the licensing of five dogs that there is a stipulation that they cannot replace the dogs once they are gone. Wick questioned a part of the email which states that two of the dogs were acquired due to medical issues in the family and whether or not they will be there permanently. According to Weyrens, it seems as if they adopted the additional dogs. Frank made a motion to allow the licensing of all five dogs with the understanding that the dogs cannot be replaced and the City would review the licenses annually. The motion was seconded by Wick. Discussion: Rassier stated that he is of the position that the license should be denied as the City should stick to the current Ordinances. Ayes: Carlbom, Frank Nays: Rassier, Wick, Symanietz Motion Fails 2:3:0 Scherer Addition Plattina: Weyrens stated that previously the Council approved the execution of a Development Agreement between the City of St. Joseph and Scherer Trucking. The agreement authorized the construction of an addition to the existing office. One of the requirements of the Agreement was the platting of the Scherer property. We~rens suggested the City plat the surrounding property as the properties have been subdivided and 1 i Avenue has since been constructed. The City owns a large portion of the affected property. If only the City and Scherer property were platted, their would be two only two abutting properties not platted. Therefore Weyrens requested that the City initiate the platting process to include the following properties: Scherer Trucking, City of St. Joseph, Ron Molus and Harvey Reber. Weyrens stated that she has talked to all the affected property owners and they are agreeable to the platting. The cost of platting will be borne by Scherer Trucking and the City of St. Joseph with the apportionment based on acreage. Weyrens stated that the anticipated platting cost of between $ 3,000 and $ 5,000. Ekola stated that when platting metes and bounds described property the cost varies as sometimes boundary line disputes arise as a result of overlapping property lines. Frank questioned whether they will need to do more landscaping based on Ordinances when adding on to the Office Space. Rassier stated that only new developments have to submit a landscaping plan. Weyrens advised the Council that when the renters move out of the home that is currently being used as a rental, they plan to remove the house and replace it with green space. Wick made a motion to authorize the expenditure of up to $2,500 to plat the property owned by Scherer Trucking, the City of St. Joseph, Harvey Reber and Ron Molus with the cost split between the City of St. Joseph and Scherer Trucking. The motion was seconded by Symanietz and passed unanimously. DRAFT April 19, 2007 Page 8 of 9 Meterinq System: Weyrens reported that the City is currently using a manual metering system which includes reading the water meters by hand. The City is looking to convert from a manual method to an automatic method. By updating the meters, this would allow for the City to keep better track of the meter history and help detect leaks. This would also be helpful for reporting purposes. The total cost to convert from the manual to automatic metering system is approximately $324,000. Software Installation Meters $ 18,000 $ 60,000 $247,000 Weyrens stated that this change could be funded through the water fund and user fees. She suggested that the City complete the conversion over a two-year period with half of the City one year and the other half the next year. New homes, on the other hand, would be given the new meters right away regardless of their location. Carlbom questioned Weyrens as to if there would be any cost savings to converting to the new system. Weyrens stated that it takes 4 maintenance workers approximately 3 days each to read the meters and then it takes administration approximately 20 hours to generate the bills. With the automatic metering option, it would reduce the staffing to one maintenance worker reading the meters for one day and approximately 10 hours of administration time. She added that the meters would last about 20 years. Frank questioned who currently pays for the meters and who would pay for the new meters. Currently, if a meter is replaced, the homeowner is responsible for the cost of the meter which is $100. The new meters would be paid for by the City; however, the homeowner would pay for any replacements. Carlbom was concerned as to whether or not the homeowner is responsible for replacing a meter that is defective. Taufen stated that generally there are warranties associated with the meters. At the next Council meeting, the Council will review the plans and specifications and authorize the advertisement of bids. Resolution callinq for Hearinq for TIF 2-1: Weyrens reported that Collegeville Development Group is planning to develop the former Krebsbach site which is currently vacant on Minnesota Street E. Both the City Council and Economic Development Authority have reviewed the preliminary TIF Application and have agreed to move forward utilizing TIF for the project known as Millstream Shops and Lofts. TIF allows the developer to recapture taxes based on current values. Weyrens stated that the creation of a TIF district requires a public hearing and requested the Council authorize execution of Resolution 2007-017 Calling for a public hearing to establish development district 2 and tax increment district 2-1. Frank made a motion to authorize the Mayor and Administrator to execute the Resolution 2007- 017 calling for a public hearing to be held on May 3,2007 at 7:15 PM for the creation of development district 2 and tax increment district 2-1. The motion was seconded by Wick and passed unanimously. Rassier questioned whether the whole downtown area will be zoned as TIF or just the area being developed for the Millstream Shops and Lofts project. According to Carlbom, the EDA looked at a larger area; however, the downtown committee is not yet at that point. This developer has requested to use TIF and they meet all of the necessary criteria. In the future, other areas can be looked at for possible TIF financing if requested. 3.2 Liquor License - Local Blend: Weyrens stated that the Local Blend has submitted a license application to sell 3.2 Malt Liquor at 19 Minnesota Street West. The local blend currently holds a wine license. Weyrens reported that the Police Chief has reviewed the application and the City has received all the necessary paperwork. DRAFT April 19, 2007 Page 9 of 9 Wick made a motion to approve the 3.2 Mal Liquor License for the Local Blend, 19 Minnesota Street West. The motion was seconded by Rassier and passed unanimously. Adiourn: Wick made a motion to adjourn at 8:55; seconded by Symanietz. Ayes: Carlbom, Wick, Symanietz, Frank Nays: Rassier Motion Carried 4:1:0 Judy Weyrens Administrator ~ ~1'rY()'.ST.JO$.IjJI'R Council Agenda Item 3b MEETING DATE: May 3, 2007 AGENDA ITEM: 038815. Bills Payable - Requested Action: Approve check numbers 038750 - SUBMITTED BY: Sarah Bialke BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGETIFISCAL IMPACT: ATTACHMENTS: Bills Payable - April 30, 2007 REQUESTED COUNCIL ACTION: Approve check numbers 038750 - 038815. City of St. Joseph Page 2 Bills Payable April 30, 2007 Check Search Name Comments Amount FUND DEPART OBJ Nbr · 03.8789 SEARS wrench set, vise $288.84 105 42220 240 038790 SEH Water System $463.50 601 49420 303 038790 SEH 2007 Street $8,136.38 441 43121 530 038790 SEH 2007 Storm Sewer $2,965.27 651 49900 530 038790 SEH Misc Services $330.14 101 43131 303 038790 SEH LaPlayette $106.00 101 43131 303 038790 SEH GIS Services $1,530.00 101 43131 303 038790 SEH DM Builders-Indian $582.87 101 43131 303 038790 SEH CDG-Callaway $200.00 101 43131 303 038790 SEH Sherer Trucking $106.00 101 43131 303 038790 SEH Liberty Pointe 2nd $159.00 101 43131 303 038790 SEH Feld Property $212.00 101 43131 303 038790 SEH GASB 34 - Audit $25.50 101 43131 303 038790 SEH C.R. 121 $2,030.90 425 43122 530 038790 SEH 2006 Street $2,277.92 438 43120 530 038790 SEH Pond View 9 $124.50 101 43131 303 038790 SEH Northland Heights $1,278.20 435 49450 530 038790 SEH Municipal State Aid $291.00 101 43131 303 038790 SEH Streets & T rafflc $203.30 101 43131 303 038790 SEH Storm Sewer & $340.00 651 49900 303 038790 SEH 2007 Jade Road $25,298.50 441 43120 530 038791 SOEK. GREG Replace mailbox $10.74 101 43120 220 038792 SPRINT April billing $204.58 101 42151 321 038793 SRF CONSULTING GROUP INC North Corridor & $4,322.90 435 49450 530 038794 ST. JOSEPH NEWSLEADER Development $84.50 157 46500 340 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $33.00 101 43160 386 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $45.50 602 49480 381 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $441:95 101 45201 381 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $66.01 602 49472 381 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $62.86 602 49473 381 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $13.50 101 43160 386 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $572.18 101 43160 386 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $37.38 602 49471 381 038795 STEARNS COOPERATIVE ELEC. ASSN March Usage $50.00 101 43160 386 038796 TRAUT WELLS Sprinkler system $60.00 101 45123 220 038796 TRAUT WELLS chlorine pellets- $8.54 101 45202 21.0 038796 TRAUT WELLS Sprinkler system $33.00 101 45202 220 038797 UNIQUE PAVING MATERIALS 2.60 ton cold $249.21 101 43120 210 038797 UNIQUE PAVING MATERIALS '1.5 ton cold patch $143.78 101 43120 210 038798 VISIONAIR RMS Software $341.65 101 42120 215 038799 L1NGL, GREG & JULIE Cleaning Services- $280.00 101 41942 300 038800 WSB & ASSOCIATES, INC Field Street $653.47 435 43120 530 038800 WSB & ASSOCIATES, INC Field Street $2,464.31 435 43120 530 038801 ZEP MANUFACTURING towels, tissue $31.18 101 42120 210 038801 ZEP ~ANUFACTURING towels, degreaser, $220.63 101 43120 210 038801 ZEP ANUFACTURING towels, degreaser, $220.63 101 45202 210 038801 ZEP MANUFACTURING towels, tissue $31.18 101 41942 210 038802 NCPERS GROUP LIFE INSURANCE May Insurance $9.00 101 038803 TRAUT WELLS Water samples-6 $114.00 601 49420 312 038804 NORTH CENTRAL TRUCK ACCESS INC truck orginizer $183.52 602 49490 240 038805 ST. JOSEPH FIRE RELIEF ASSN 4 attended Albany $40.00 105 42240 331 038806 DEPUTY REGISTOR '98 Pontiac Van $66.75 101 42152 550 038807 HOLIDAY STORES Fuel April $129.01 101 43120 210 038807 HOLIDAY STORES Fuel April $129.02 601 49440 210 038807 HOLIDAY STORES Fuel April $129.02 602 49490 210 038807 HOLIDAY STORES Fuel April $129.02 101 45202 210 038807 HOLIDAY STORES Fuel April $249.28 101 43125 210 038808 KLN DISTRIBUTING, INC disposal of pc $7.00 101 41430 220 038808 KLN DISTRIBUTING, INC disposal of pc & $24.00 101 42120 220 038809 MINNESOTA UC FUND Bromensheck M $4.85 101 42120 142 038810 PITNEY BOWES postage $3.62 101 41430 322 038811 QWEST-TELEPHONE equipment access $5.05 601 49421 321 City of St. Joseph Bills Payable April 30, 2007 Page 3 Check Search Name Comments Amount FUND DEPART OBJ Nbr 038812 REED CONSTRUCTION DATA 2007 East side $258.68 441 43121 530 038813 SIRCHIE evidence bag $313.33 101 42120 240 038814 ST. JOSEPH NEWS LEADER Amendment to $29.25 150 46500 340 038814 ST. JOSEPH NEWS LEADER ordinance 52.12 $32.50 101 41130 340 038814 ST. JOSEPH NEWSLEADER Hydrant flushing $26.00 601 49430 340 038815 XCEL ENERGY April usage $398.97 105 42280 381 038815 XCEL ENERGY April usage $165.44 101 45202 381 038815 XCEL ENERGY April usage $481.83 105 42280 383 038815 XCEL ENERGY April usage $145.09 101 43160 386 . $175,572.8 Council Agenda Item ~ CITY OF ST..t()$f1;I~H MEETING DATE: May 3,2007 AGENDA ITEM: Change Order - Requested Action: Approve Change Order #4 for the Centennial Park Project increasing the project costs by $1,235.00. SUBMITTED BY: Tracy Ekola, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Awarded Change Order No. 3 BACKGROUND INFORMATION: During the design phase ofthis project, it was determined that the soffit under the shelter area of the park building would be deleted due to cost considerations. The Park Board has requested the soffit be included at this time. Contract sum including this change order is $109,251 versus the original estimate of $136,000. We have reviewed the change order costs with the contractor and believe the cost is reasonable. BUDGET/FISCAL IMPACT: $1,235.00 ATTACHMENTS: Change Order No. 4 and backup documentation REQUESTED COUNCIL ACTION: Approve Change Order #4 for the Centennial Park Project increasing the project costs by $1,235.00. C:\Documents and Settings\sbialke\Local Settings\Temporary Internet Files\OLK15\0607 co 4 050307.doc IA DoeurnentG70f' - 2001 Ohange Order CHANGE ORDER NUMBER: 004 DATE: April 25, 2007 OWNER: [8J ARCHITECT: [8J CONTRACTOR: [8J FIELD: 0 OTHER: D eROJECT (Name anq address): SaihtJose Shelt~t AACHITEtT'$ PROJECTNUMBER: A-STJOEQ607.00 CON1RACTDATE: July 31, 2006 CONTRACT FOR: Generd.l Constntction ....... . GEDA$ FOLLOWS: (lllqlllcle, ~\'qg.recippl,c: . ..... !l/ldisputed wrwunt all/'ibumble 10 previously executed Comlnltlion Change Directives) Soffit unC\er Qverhallg and1ciwer fixture 8 inches for patio lighting under new soffit per W. Gohman letter datt.-d April 23, 2007. ~~eori.giil~l' (he ~e~9hnn~~hy .... .. .. ... .. . Itllorized Change Orders Thel.11pij}~i!ctSum. Pilprta this Change Order was TI~'9p!1lractSum will f:jcincreased by this Change Order in the amount of' T1W~(il~C:9ntract SuminelttC\iijgthisChatJge Order will be The.Cblltt'act Time wiIrbe. unchanged by Zero ( 0 ) days, 'fhedatc ofSubstantiillCQmpletion as of the date of this Change Order therefore is $ $ $ $ $ 94,062.00 13,954.00 108,016.00 1,235.00 109,251.00 NC!Te:This Change Order doe~ not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contra<;tor, in which case a Change Ordt;ris executed to supersede the Construction Change Directive, NOT VALlO UNTILSIGNEO BY THE ARCHITECt, CONTRACTOR AND OWNER. April 25, 2007 DATE City of St. Josl;lph OWNER (Firmname) 2S College Avenue NOI1h, PO Box 668 St. Joscph,MN 56374-0668 ADDRESS "', BY (Sigll(l(ure) Judy Weyrens, City Administrator (Typed /lame) Denis Anderson (7)'ped nami?-) '/-,,?/;'-P7 DATE DATE Richard Carlbom, Mayor Date 2000 and 200t by ThEl American Institute of Architects. All rights reserved. WAFmIM(t; This AlA'" 1)31 TI'fiI,lUM. tJl'lIil.lthor~ r.pro~tlon Qr dlstflbutl<m Of tlU AU,," f)(ulurnem, ",ran}' 1 portIonlllflt,lfllllY .. . ~~. and Will. ~ PI'~l.IfU to fila rnelltmum lo>>Ml'lt ptJftlblnml$!' tllaliM. This document was prodUced QY AlA software at 10:29:48 on 04125/2007 undar Order No.1000259476_1 which expires on 9/22/2007, and is not for reSale. Us.erNotes: (4239427441) W".... GOH. l\II... AN .. -, ". ... -', ',- IM:,_ ........ .. ...... ..........i:;; ..\\: .................... ...... .................... CONSTRUCTION CO. BOX 57 815 E. COUNTY ROAD 75 ST. JOSEPH, MN 56374 (320) 363-7781 FAX: (320) 363-7207 www.wgohman.com GENERAL April 23, 2007 CONTRACTOR Building & Remodeling Commercial Industrial Institutional Professional Religious Design/Build Construction Management Services Mr. Del Sheets SEH, Inc. P.O. Box 1717 St. Cloud, MN 56302-1717 RE: St. Joseph Park Shelter Dear Del: Below please find our cost breakdown regarding the change order that we have previously discussed for the St. Joseph Park Shelter. 1. Providing material and labor for the soffit under the 20' x 20' overhang. 2. Lower the fixture 8" for the patio lighting to be under the new soffit. Year Round Siding (Labor and Material) Cold Spring Electric Services (Labor and Material) 2% Bond & Insurance Overhead & Profit Total Add: $ 911.00 $ 240.00 $ 24.00 $ 60.00 $ 1,235.00 If the above items meet with your approval, please issue a change order for the amount shown. If you have any questions, please call. Yours truly, W. Gohman ConstlUction CO. WI ~ Jeff Reiter Ene. p.'; J~ ~~ r~~ [j \}'j 1 H ti ,;, APR 2 [} 2007 !.}!)I I I :~: ;/.~:::.:.::.:::~..:-.._-:..:P:..:.: :::::.:.::::~:.;=J cc: Mr. Corey Ehlert, City of St. Joseph - Fax #534-5440 (0..1,:# ("~2o)5f(l-,>S/V{) ~f;;;:~~~~~~~!El~~~~~;7~J~(;~;~!;~,;:~f.;!.i3~:;~~(~;~;;i~ DUANE LINDEMANN 29276 CO. RD. 9 AVON, MN. 56310 (320)-493-5813 DATE 810# 4/21/2007 1220 BILLING ADRESS : GOHMAN CONSTR. A TTEN : JEFF CENTENNIAL PARK ST. JOSEPH, MN. ITr;M DESCRIPTION MATERIAL LABOR $532A4 $205.00 SOFFIT 20' ^ 20' OF ALLUMINUM SOFFIT EXTRA MUST WRAP FRONT BEAM (20 FT. ) $103.88 $29.37 $0.00 $40.00 ACCESSORY 14 STICKS OF F-CHANNEL /-------- /---------- $665.69 $245.00 TOTAL: $910.69 NOTES: LIGHT ABOVE DOORS IS IN THE WAY OF THE SOFFIT! THANK YOU, WE APPREC~ATE YOUR BUSINESS m CITY OF'ST.J(tSRI~R Council Agenda Item ,2{A MEETING DATE: May 3, 2007 AGENDA ITEM: Application for Payment - Requested Action: Approve Final Pay Application #8 for the 2005 Cloverdale Improvement Project and authorize payment to Larson Excavating Contractors in the amount of$21,964.89. SUBMITTED BY: Tracy Ekola, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: BUDGET/FISCAL IMPACT: $21,964.89 ATTACHMENTS: Application for Payment #8 REQUESTED COUNCIL ACTION: Approve Final Pay Application #8 for the 2005 Cloverdale Improvement Project and authorize payment to Larson Excavating Contractors in the amount of $21,964.89. C:\Documents and Settings\sbialke\Local Settings\Temporary Internet Files\OLKI5\06IO 050307.doc ~ SEH April 24, 2007 RE: St. Joseph, Minnesota 2005 Cloverdale Area Improvement SEH No. A-STJOE 0405 14 Honorable Mayor and City Council c/o Judy Weyrens Administrator City of St. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment No.8 (FINAL) for this project. We reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: Larson Excavating Contractors, Inc. SEH City of St. Joseph The following documents are for your files: . Final Statement . IC-134 . Lien Waivers . Consent of Surety If you have any questions, please feel free to call us. Sincerelj, 1/ _ II etua;flZ-- Tracy L. EMa, PE City Engineer djg Enclosures P:\PTlSlstjoel040S00Ispecs\APL-O. doc Short Elliott Hendl"ickson inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal ooporturllt)' employer i www.sehinc.com I 320.229.4300 I 80C.572.0617 I 320.229.4301 fax I - -- 0::: 0::: :c 10 (!) 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SUBMITTED BY: Tracy Ekola, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Approved Pay Application #13 BACKGROUND INFORMATION: BUDGETIFISCAL IMPACT: $111,873.88 ATTACHMENTS: Application for Payment # 14 REQUESTED COUNCIL ACTION: Approve Pay Application #14 for the Water Treatment Facility and authorize payment to John T. Jones in the amount of$111,873.88. C:\Documents and Settings\sbialke\Local Settings\Temporary Internet Files\OLK 15\061 0 050307.doc April 24, 2007 RE: St. Joseph, Minnesota Water Treatment Plant SEH No. A-STJOE 0506 14 Honorable Mayor and City Council c/o Judy Weyrens, Administrator City ofSt. Joseph P.O. Box 668 St. Joseph, MN 56374-0668 Dear Mayor and Members of the Council: Enclosed please find Application for Payment No. 14 for this project. We have reviewed this application and it appears to be in order. When payment is made, sign all copies and distribute as follows: John T. Jones Construction Co. SEH City of St. Joseph If you have any questions, please feel free to call us. Since#ly, cia 1- Tracy L~kOIa, PE City Engineer djg Enclosures P:\PTlSlstjoeI050600ICorrIAFP-O.doc Short Elliott Hendrickson inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is ar; equal opportunity employer i www.sehinc.com i 320.229.4300 i 800.572.06!7 i 320.229.4301 tax 04/23/2007 09:31 FAX 6514902150 o - c ~ .2 ~ 'S 0: :gffi ~ g c ffi ~z <3 Z ..J I i5~ ffi 8 ll! b DDDDD i ~ <;~ ~ ~ ~ ~ ~ a ~ B ;; ~ " . . 1:: B It. o z z o ~ :J A. ~ ~ IL ~ ~ i ~ ... u ~ (!) .... ~ ~ u o Q :s q; o o ,,; ~ ~ ~ i: = ~ c 2 0 ~ :i ~ ... ~-&<~ ':i~~ I> ..., :J; ~uill:t; .:.: u w ~ lL ..... Z III ::Ii ~ II. II: o IL III ... <( u ii: li2 III U o z <( z a i= ~ ::; 11. 11. <( .<:: t: o ... :z ... .<:: .. .... ~ 1! :8 ... .. :z ~ ~ ~ ... ., .<: (/) ~ ~ '08 s B~~ it w z ~ o ..... Ui ~ o ~ ~ u 8 '" ~ w (3 IX ... .; .5 C o .. .: ~ u is .... '!: .: 0 ~IU :: . .. 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Item No. Item Unit Quanlltv PrICe Bid Price Date 10 Dale APpllc:ation This Period Stored and SIored to Dab 0211.501 Excavation ex 2 000.00 $ 8.05 16.100.00 2.000.00 16,100.00 16,100,00 - 16.100.00 0211.502' Borrow Malerial C.Y. 12000.00 $ 14.26 171.120.00 11,696.00 166,784.96 166,784.96 - 166,784.96 0211.503 Toosoil So/TOW Material C.Y. 2200,00 $ 26.45 58.190.00 - - - 0237.001 Fiber Loa /BIoRoIll Ditch Checl< L.F. 35.00 $ 3.45 120.75 - - - 0237.002 Rock Enlrance S.Y. 300.00 S 60.50 24,150.00 285.00 22,942.50 22,942,50 . 22,942.50 0237.003 SRI Fence L.F. 60/>.00 $ 5.75 3,450.00 600.00 3,450.00 3.450,00 - 3,450.00 0237.004 Erosion Conlrol Blanket S.Y. 1,500.00 S 2.66 4 312.50 . . - 0237;601 Random RiPrao, Class I C.Y. 18.00 ' $ 40.25 724.50 . - - 0238.601 Random Riorac, Class II CX. 26.00 $ 40.25 1,046.50 - - - 0251.002 AaonloaleBase (Class 5) C.Y. 670.00 $ 26.45 17,721.50 670.00 17 721.50 17.721.50 - 17.721.50 Type LV3 Non-wearing DOIlrs8 0251.003 mlxlure Ton 380.00 $ 52.90 20 102.00 389.60 20,609.84 20.609,84 . 20,609.84 0251.004 Tvoe LV4 Weartna DOIlrse mixtute Ton 280.00 $ 52.90 14,812.00 - . - 0251.005 BllUmlnous Tack Coal Gal 170.00 $ 1.73 293.25 - - 0251.006 Curb and Guller LF. 1 860.00 $ 11.73 21.617.80 1 845.00 21,641.85 21,641.85 - 21641.85 0251.001 Concrete Walk S.y, 100.00 $ 33.68 3358.00 - - - 0251.008 4" White Pavement Strioina LF. 600.00 $ 0.29 172.50 - . - 0251.009 Hand"""" Stall Painting LS. 1.00 $ 60.50 60.50 . - - 0251.010 Sian Posl Each 1.00 $ 632.50 632.50 . . - Complele Installed Package 0253.601 Grinder Pumo Station L.S. 1.00 $ 8.050.00 8050.00 1.00 8.050.00 8 050.00 . - 8.050.00 0254.001 WatewalerHoldTnOTank LS. 1.00 $21 275;00 21 275.00 1.00 21 275.00 21,275.00 - 21,275.00 0254.002 Sanilarv Manltale & CaSIina L.S. 1.00 $ 3,220.00 3 220.00 1.00 3,220.00 3,220.00 . 3.220.00 0254,003 Small Diameter Force Main LF. 120.00 $ 28.75 3450.00 120.00 3.450.00 3,450.00 . 3,450.00 0254.004 6" PVC Gravitv SBW8rPlce L.F. 240.00 $ 46.00 11 040.00 240.00 11 040.00 11.040.00 . . 11040.00 0254.005 8' DIP Gravitv Sewer Pice L.F. 10.00 $ 115.00 1 150.00 10.00 1,150.00 1,150.00 - . 1,150.00 0266.006 ll-Inch DIP Water Main. Class 52 L.F. 1,870.00 $ 50.80 94 622.00 1,670.00 94,622.00 94 622..00 . . 94.622.00 0266.016 16-inch DIP Water Main, C1ase 52 L.F. 220.00 $ 103.50 22,770.00 220.00 22 770.00 22,170.00 - 22.770.00 0268.050 DIP FlllInas LBS. 3,200.00 $ 3.45 11 040.00 3 200.00 11,040.00 11040.00 . 11,040.00 0266.060 6-inch Gale VaIye and Box Each 4.00 $ 799.25 3.191.00 4,00 3,197.00 3 197.00 - . 3.197.00 0266.080 18-inch Butlerflv valve and bOX Each 1.00 $ 2817.50 2.811.50 1.00 2 817.50 2.817.50 - - 2,817.50 0266.090 H'ldrant Each 4.00 $ 2,404.65 9.618.60 4.00 9,618,60 9,618.60 . . 9.618.60 0272.412 12..fnchSlorm sewer L.F. 200.00 $ 36.80 7.360.00 200.00 7,360.00 7.360.00 - 7.360.00 0272415 15-loch Slorm Sewer L.F. 100.00 $ 42.55 4.255.00 100.00 4255.00 4.255.00 - 4 255.00 0272.512 12-inch RCP Ar>ron wlTrash Guard Each 5.00 $ 382.95 1.914.75 5,00 1,914.75 1 914.75 - 1,914.75 0272515 15-inch RCP ANon wlTrash Guard Each 2.00 $ 428.95 851.90 2.00 857.90 857.90 - 851.110 0272.811 Calch Basin, Tvae H LF. 10.00 $ 345.00 3450.00 9.65 3,329.25 3.329.25 . 3,329.25 0272.812 Catch Basin, DeSian 4020 L.F. 15.00 $ 552.00 8,280.00 14.71 8,119.92 8.119.92 - 8,119.92 0282"001 Chain Link Fence . Vinvl L.F. 220.00 $ 23,00 5,060.00 - . - 0282.002 Slide Gale with O""'ratO<<" Each 1.00 $ 20.226.00 20,225.00 - . - 5elecl Topsoil Borrow rar Planling 0292.001 Beds ex 115.00 $ 17.25 1,983.75 - . - 0292.002 Soddina. lawn Tvoe S.Y. 2.200.00 $ 4.89 10 752.50 . - - 0292.003 Muk:h, Tvoe 3882 TWe7A Ton 10.00 S 80,50 805.00 . . - 0292.004 ShnKlded HanIwood Mulch C.Y. 38.00 $ 72.45 2753,10 - - - MrVDOT 330NSS . Nalive Sandy 0292.005 Short Mixwilh FOI'bs Acre 4.50 $ 2.070.00 9315.00 . . - MnlDOT 310BWT - Native WetMix 0292.006 willl FOlbs Acre 0.50 $ 2,599.00 1 299.50 . . - Commoo Hackberry/Celtis 0293.001 Occidenlials 2/0" CAL.. B&B Each 14.00 $ 427.80 5,989.20 . . . Bur Oak/Quercus MaCfocarpa 2.5' 0293.002 CAL.. B&B Each 6.00 $ 534.15 4,216,00 . . - Pin Oak/Quercus EHipsoidalis 2. I" 0293.003 CAL. B&B Each 12.00 $ 469~2O 5,630.40 . - - Austrian PineJPinus Nigra, 10' Hl., 0293.004 B&B Each 6.00 $ 667.00 4,002.00 . Blae!< H~lS SprucelPlcea Glauca 0293.005 Densela. 6' HI., B&B Each 25.00 $ 394.45 9,861.25 - . - Scotch PineJPinus Sylveslris, 8' 0293.006 Hl.,B&B Each 3.00 $ 510.60 1,531.60 - . Bush HaneysucklelDiervllla 0293.007 Lonicera, 24" CONT. Each 53.00 $ 37.95 2,011.35 - . - Dwarf Bertie Ferris DaylilylHemerocallis " Bertie Ferris 0293.006 Dwarf. 12" CONT. Each 36.00 $ 11.25 621.00 - - Dwarf Happy Returns DaylilylHermeracallis "Happy 0293.009 Returns Dwarf, 12" CONT. Each 3600 $ 17.25 621.00 . . . Dwarf Stena De Oro DaylilylHemerocallis 'Stella De Ori 0293.010 Dwarf. 12" CONT Each 36.00 $ 1725 621 00 - - 663.932.90 487.337.57 487,337.57 487.337.57 Council Agenda Item of CITY OF St:Jmw:rfl MEETING DATE: May 3, 2007 (Tabled from April 5) AGENDA ITEM: District 742 - Development Agreement, Final Plat SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission considered the site plan on March 12, 2007. The Planning Commission recommended the City Council authorize the execution ofthe Development Agreement between the City of St. Joseph and District 742. PREVIOUS COUNCIL ACTION: Both the City Council and Planning Commission have reviewed and approved the issuance of a Special Use Permit to allow the construction of a K-8 School. Additionally, both the City Council and Planning Commission have approved a preliminary plat for the River's Bend Development, where the school will be constructed. BACKGROUND INFORMATION: The Planning Commission has agreed that if a final plat is consistent with the preliminary plat, the applicant does not need to come before the Planning Commission for final plat approval. The final plat as included in your packet is consistent with the Preliminary Plat. District 742 has completed the application process and once the final plat and developers agreement is executed they can secure a building permit. The Building Official has been working with District 742 at the same time the site plan was being approved so that the May groundbreaking could be accommodated. BUDGETIFISCAL IMP ACT: None ATTACHMENTS: -1) Site Plan; 2) Final Plat; 3) Development Agreement REQUESTED COUNCIL ACTION: Authorize execution of the Developers Agreement between the City of St. Joseph and District 742 and authorize the Mayor and Administrator to execute the Final Plat entitled Rivers Bend DRAFT DATE 5/1/07 CITY OF ST. JOSEPH DEVELOPER AGREEMENT (For Rivers Bend School District Project and 2007 Jade Road Improvements) THIS AGREEMEl"rT, made and entered into this _ day of ,2007, by and between Independent School District. 742, a public corporation under the laws of Minnesota, hereinafter called "District", Arcon Development, Inc., a Minnesota corporation, hereinafter called "Arcon" or "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". WITNESSETH: WHEREAS, the School District has purchased Outlot N of Rivers Bend PUD from Arcon Development, Inc. on February 28, 2006, for purposes of a school site. The school site property consists of 71.3 acres. WHEREAS, Arcon Development, Inc. and the City have entered in to a Developer Agreement, dated July 11, 2005, and a Memorandum of Understanding, dated February 13, 2006, both of which documents cover the above-described School District Project land, as well as adjoining land owned by Arcon which will be known as the Rivers Bend PUD Plat; WHEREAS, it is the express intent of the parties that the Developer Agreement of July 11, 2005 and the Memorandum of Understanding of February 13, 2006 between Arcon and the City shall remain in full force and effect; WHEREAS, the Memorandum of Understanding between Arcon and City envisions that the Property will be developed in phases and the Memorandum of Understanding requires Arcon to enter into a Developer Agreement with the City prior to developing each phase of the PUD; 1 WHEREAS, it is the purpose of this Developer Agreement for the Rivers Bend School District Project and 2007 Jade Road Improvements to set forth the rights and duties of the City, Arcon and District regarding the improvements required for the Rivers Bend School District Project and 2007 Jade Road Improvements; WHEREAS, Arcon and the District have submitted to the City for approval the final plat for Lot 1, Block 1, River Bend Independent School District 742; WHEREAS, the District has submitted to the City for approval the plans and drawings listed on Exhibit A attached hereto and hereinafter referred to as the "Project"; and WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement to provide for inspection and review during the construction of the Project; NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN APPROVAL AND PLAT APPROV AL 1.1 Request for Development Plan Approval and Plat Approval: The District and Arcon have asked the City to grant final approval of the Development Plan for the Proj ect to be constructed on the Property and to grant final approval of a plat for school grounds which will be called Lot 1, Block 1, Rivers Bend Independent School District 742. 1.2 Conditions of Development Plan Approval and Plat Approval: The City, after requisite notice and hearing, has granted final approval of the Development Plan and final approval ofthe Plat subject to the ~,erms and conditions ofthis agreement. 2.0 RIGHT TO PROCEED The District may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings, until all the following conditions have been satisfied: (1) this Agreement has been fully executed by both parties and filed with the City Administrator; (2) the required security for performance of the District's obligations have been received by the City; (3) the City has issued a letter that all conditions have been satisfied and that the Developer may proceed, which letter will not be unreasonably withheld or delayed; and (4) the Plat and this Agreement have been recorded with the Stearns County Recorders Office. 2 3.0 CITY CONSTRUCTED IMPROVEMENTS 3.1 Improvements. The District and Arcon and all other persons having an interest in the Property or persons that may be entitled to notice of these proposed improvements and resulting assessments (hereinafter the Owners) hereby petition the City to construct those improvements itemized below, (hereinafter the "Improvements"): Check all that apply: ~: Water Main ~; Public Storm Sewer ~; Holding Ponds ~; Concrete Curb & Gutter ~; Sanitary Sewer ~ Bituminous Streets - Jade Road from County Road 121 to future Neary Street Intersection and Existing Jade Road X Street Signs -X Regulatory and Waming Signs -X Turning and Bypass Lanes -X Erosion Control on roadways .....K_ Bituminous Trail and Lighting .....K Civil Defense Sirens .....K Water Main (8 inches DIP in public utility easement runmng over District property). X Sanitary Sewer (15 inch PVC in public utilitv easement running over District propertv). The Improvements itemized above shall include all necessary appurtenant items of work as determined by the City. 3.2 Consent of Owners. The District and Arcon represent to the City that it has obtained the written consent to this petition to construct the Improvements from all Owners; that such consents are attached to the Development Agreement herein, or if such consents have not been obtained, the name, address, and interest of each party known to the District or Arcon to have an interest, is attached hereto. If, at any time prior .to the actual construction of the improvements and/or assessment of the improvements upon the property, the District or Arcon elects to transfer any interest, whether by option, purchase agreement or other transfer to a third party, it shall promptly give the name and address of such person, in writing, to the City Administrator, disclosing the interest transferred and the property affected. The parties holding a legal or equitable interest in the property comprising the Development are: Areon Development, Inc. 3 Independent School District #742 3.3 Pavment of Improvement Costs. The City agrees to proceed with said Improvements. Costofthe Improvements will be paid as follows: 100% of the cost of the improvements will be paid by either Arcon Development, Inc. or Independent School District #742. The breakdown as to the relative percentage of cost to be attributed to either Arcon Development, Inc. or Independent School District #742 are as follows: Water Main 100 percentage to Arcon Sanitary Sewer 100 percentage to Arcon Bituminous Trail and Lighting 100 percentage to Arcon Civil Defense Sirens 100 percentage to Arcon Public Storm Sewer .-iQ percentage to Arcon .-iQ percentage to School District Concrete Curb & Gutter .-iQ percentage to Arcon .-iQ percentage to School District Bituminous Streets .-iQ percentage to Arcon .-iQ percentage to School District Street Signs .-iQ percentage to Arcon .-iQ percentage to School District Regulatory and Warning Signs .-iQ percentage to Arcon .-iQ percentage to School District Erosion Control on roadways .-iQ percentage to Arcon .-iQ percentage to School District Sidewalk on Jade Road -2Q percentage to Arcon 50 percentage to School District Jade Road Street -2Q percentage to Arcon 50 percentage to School District Turning and Bypass Lanes on County Road 121 ~ percentage to Arcon ~ percentage to School District 4 8 inch DIP Water Main over public utility easement on District property. District and Arcon to pay 100 percent of the cost. District and Arcon to determine the allocation of costs prior to assessment. 15 inch sanitary sewer PVC over public utility easement on District property. District and Arcon to pay 100 percent of the cost. District and Arcon to determine the allocation of costs prior to assessment. The City will levy special assessments against the Property or development pursuant to the provisions of Minnesota Statutes 9429.031, Subd. 3. The District, Arcon and Owners hereby waive their rights to Public Improvement Hearing and the Assessment Hearing normally held in accordance with said Chapter 429. The District, Arcon and Owners hereby waive their right to appeal said special assessment to the District Court pursuant to Minnesota Statutes ~429.081. The District, Arcon and Owners agree to pay for all costs of the improvements through special assessments levied against the Property. In order to guarantee compliance with the terms of this Agreement by payment of real estate taxes, including interest and penalties, and payment of special assessments, the District, Arcon and Owners shall furnish to the City a letter of credit in the amount of 80 percent of the special assessments assessed against the Property. The bank issuing the letter of credit shall be subj ect to the approval of the City Council. The security shall be for a term ending upon completion of payment of all special assessments. The City may draw down the security, without notice, if the special assessments are not paid in full or if the special assessn;J.ents are insufficient to pay the anticipated bond payment schedule which anticipates that lots will be sold and special assessments paid off before the maturity date of the assessments. Upon receipt of proof satisfactory to the City that development and sale of lots are complete and special assessments have been paid in full, the security may be reduced with approval by the City so long as the amount of the security is no less than the amount of outstanding assessments against the development. 3.4 Feasibilitv Determination. The City prepared a Feasibility Report, dated January 18, 2007, outlining the proposed scope of work and estimated project costs. 3.5 Development Costs. The Development costs to be paid in accordance with Section 3.3 will include all construction costs, engineering, consultants, legal, insurance, administrative costs, fiscal costs (including capitalized interest), all costs incurred for the acquisition of wetland replacements; cost incurred or time expended by City staff for conducting environmental/wetland permitting; cost incurred or time expended by City staff for conducting environmental studies and assessments, if required, and all costs involved with the acquisition of easements for the Municipal Improvements and other contingent costs. If paid by assessment, the assessments shall be levied over a period of time and at a rate'of interest to be determined by the City after financing arrangements have been 5 completed. Costs to he paid in accordance with Section 3.3 shall include 100 percent of the costs noted above unless the City agrees through a duly adopted resolution of the City Council to pay for a portion of the improvement costs with City funds, or unless the City has determined through the hearing process to assess part of the improvement costs to other properties. 3.6 Sale Pending Assessments. If the District or Arcon's costs are assessed, and should the District or Arcon sell any part of the Property or Development to another party prior to the assessment roll being filed with the County Auditor, the District and Arcon agree that said sale shall include all pending assessments, estimated or actual, for the Improvements. 3.7 Rights-of-Way. Arcon shall dedicate to the City as platted right-of-way or perpetual easement all rights"of-way necessary to install, operate and maintain the Improvements, prior to being granted the right to proceed in accordance with paragraph 2.0. (a) Arcon shall dedicate Outlot 0 as a storm pond area for the pond constructed for the Jade Road improvements. (See attached Easement sketch - Exhibit E). (b) Arcon shall provide a permanent utility and drainage easement on south side of County Road 121. (See attached map - Exhibit F). (c) Arcon shall provide a trail easement agreement on the Heim Property. (See attached Easement sketch - Exhibit G). (d) Arcon shall provide utility easements for the sanitary sewer and water mains. (See attached Easement - Exhibit H). 3.8 Ownership of Improvements. The Improvements will become the property of the City when they have been accepted for maintenance. Street lighting will become the property of the City when it has been accepted for maintenance. 4.0 DISTRICT CONSTRUCTED PRIVATE IMPROVEMENTS. 4.1 The District agrees to construct those private improvements itemized below, (hereinafter known as the "Private Improvements"): Check all that apply: L X --X Site Grading Water Main to Building Storm Sewer on Developer Property Infiltration Basin X 6 x x x x Concrete Curb & Gutter Sanitary Sewer Sidewalks Bituminous Streets Street Signs Regulatory and Warning Signs _ Turning and Bypass Lanes Erosion Control on Site Bituminous Trail & Fire Access -A X 4.2 Proiect Specific Requirements for District constructed Private Improvements. (a) Sanitary Sewer/Storm Sewer/Water Main Easement. The District shall be allowed to use the easement area for ball fields, green space, trail crossing, geothermal line crossing, and sprinkler line. The City shall not be responsible for restoration costs for any utility work within the easement area. The City retains the right to access the easement areas at all times. Uses not identified above shall be prohibited in the easement ar~a unless approved by resolution of the City Council. The easement is for public utilities only. The District may not put private utility lines servicing the District property on the easement unless the lines are crossing the easement at a perpendicular angle to the easement. (b) Development Plan Compliance. All buildings and accessory structures shall be sited and constructed on the Property as shown on the Development Plan prepared by GL T Architects referred to in Exhibit A (hereinafter the "Development Plan"), subject to the provisions of this agreement. Any deviations from the Development Plan shall require prior approval by the City Planning Commission. (c) Building Structure. The building structure and all appurtenances must be maintained structurally independent of adjacent buildings on separately described parcels. The total structure will have 137,915 square feet with 110,500 square feet on the main floor, 20,190 square feet on the second floor and 7,225 for mechanical structures. (d) Building Code Compliance. All buildings and accessory structures shall be constructed in accordance with the Minnesota State Building Code as adopted and modified by the St. Joseph City Code. (e) Site Preparation. The District shall comply with any erosion control method ordered by the City for the prevention of damage to adjacent property and the control of surface water runoff. As the development progresses, the City may impose additional erosion control requirements if in the opinion ofthe City Engineer such requirements are necessary. 7 (f) Building Elevation. The proposed building will not exceed the building elevations shown on the Development Plan. The main structure, excluding mechanical devices is 30' and with mechanical devices there are section that are 45' in height. (g) Building Exterior. The building exterior shall consist of the brick with the mechanical risers insulated metal panes. The building exterior must comply with the plan approved by St. Joseph Planning Commission or better. (h) Ingress/Egress. Vehicular access to the Property shall be from Jade Road as indicated on the site plan. No direct Access to County Road '121 is permitted as indicated on the Road Certificate for the Plat Entitled River's Bend. (i) Signage. The District must provide detailed site plans for the construction of any signage and the sign must meet the all the requirements of the S1. Joseph Zoning Ordinance. (j) Lighting. Lighting shall not exceed .40 candlewatts at the property line. (k) Off Street Parking and Loading. The District shall provide at least 175 off street parking spaces for general parking and an additional 40 parking spaces to be used for buses and overflow parking in the evening. The parking lot must meet the standards outlined in St. Joseph Code of Ordinances 52.10 subd. 5. (1) GradinglDrainage. The final drainage plans must be approved by both the City Engineer and the County Engineer. (m) Infiltration Basin. Although the infiltration basin is located on a drainage easement pursuant to the final plat, the retention basin will be a private basin for School use. Maintenance of the retention basin shall be the responsibility of the District. (n) Landscaping/Fencing/Screening. The Development will include landscaping to include trees and grass as shown on Exhibit A. (0) NPDES/Citv of St. Joseph SWPPP. At the time of application for a building permit, a completed storm water application must be submitted and before work can begin, a copy of the MPCA permit must be submitted to the City and must be posted at the job site. (P) Fire/Safetv Requirements. Project must be constructed to comply with City Code and mc Automated Fire Suppression requirements. Before a 8 Certificate of Occupancy is issued, the District shall have installed a Lock Box meeting the specifications of the St. Joseph Fire Department. (q) Emergency Access. The twenty (20) foot emergency access illustrated on Exhibit A shall remain clear for emergency access. Snow shall be removed within 24 hours. (r) Temporary Access. All construction traffic shall enter the school via a temporary construction access to be located on CR 121 until final completion of Jade Road which is scheduled to be completed July 30, 2008. A temporary construction access permit will be required from the Steams County Highway Department. The District shall be responsible for securing the necessary permit. (s) Requirements for Building Permit. No building permit shall be issued for this Property until the District has signed and returned this Development Agreement and submitted any additional information as directed by the City Engineer. (t) Permits. The District shall obtain and provide copies of all permits, including sanitary sewer extension, water main extension, NPDES, and Sauk River Watershed District Permit. (t) Requirements for Certificate of Occupancy. Per State and City building codes. (u) Construction Schedule. The District shall apply for a building permit within one year of the execution of this agreement. Failure to apply within the one-year period shall render this agreement null and void. The improvements shall be substantially completed by the first (1 5t) anniversary of the date the building permit for the Project has been issued to the District, and no later than the second anniversary of the execution of this agreement, subject to reasonable extension for delays due to force majuere causes and material supply shortages beyond the control of the District (the "Completion Date"). (v) Snow Removal and Maintenance of Sidewalk. The District shall be responsible for snow removal and maintenance of the sidewalk adj acent to District property. This responsibility shall survive the issuance of the Certificate of Compliance under paragraph 7.10 of this Agreement. (w) Private Wells. All private wells are to be registered with the City. 5.0 FUTURE IMPROVEMENTS 9 5.1 Future Improvements. The District, Arcon and City hereby acknowledge that certain improvements, not included as the Improvements outlined herein, will have to be constructed at some future date to complete service to the Development of the District and PUD of Amon. These improvements, known as "future improvements" include any future costs if additional intersection controls are needed because of the School Development and development of District's Property, such as signa11ights and additional turn lanes. Arty portion not covered by Steams County shall become the cost of the District and Arcon. The District and Arcon shall be responsible for the construction of turn lanes on County Road 121 at the intersection of County Road 121 and the future Odell Street (referred to as Neary Street in the first preliminary plat); and the District and Arconshall be responsible for the construction of traffic stop lights at Jade Road and County Road 121 when they are constructed. This provision obligating the District and Arcon to pay for future intersection costs shall survive the issuance of the Certificate of Compliance under paragraph 7.10 of this Agreement. 5.2 District's and Developers Consent to Petition. If a petition to construct any or all ofthe above future improvements in accordance with procedures outlined in Minnesota Statutes, Chapter 429, is received by the City from affected property owners, the District and Arcon shall be considered an automatic signer of said petition for all affected properties within the Development remaining under his ownership or otherwise under its control, the District or Arcon being deemed to have waived its right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by the District or Arcon. 5.3 District's and Developer's Consent to Council Action. If the City, not having received a petition to construct any or all ofthe above future improvements, determines that construction of certain future improvements is necessary and in the public interest, the District and Arcon shall be considered an automatic signer of a petition for said improvement or improvements for purposes of initiating action under Minnesota Statutes, Chapter 429; said automatic signature shall apply to all affected properties within the Development remaining under the District or Arcon's ownership or otherwise under his control, the District and Arcon being deemed to have waived his right of notice of hearing upon the necessity or feasibility of the improvement, understanding only that they have not waived any rights or notice of hearing for the purpose of an actual assessment or apportionment of said assessment cost against property still owned by the District or Arcon. 10 6.0 GENERAL TERMS AND CONDITIONS 6.1 Attorney Fees. The District and Arcon agree to pay the City reasonable attorney's fees, to be fixed by the Court, in the event that suit or action is brought to enforce the terms of this Agreement. 6.2 Proof of Title. The District hereby warrants and represents to the City, as inducement to the City's entering into this Agreement, that the District's interest in the Development is fee owner. Prior to execution of this Agreement, the District shall provide the City with a title opinion prepared by a licensed attorney and directed to the City stating the condition of title of the property, or other proof of title acceptable to the City. 6.3 Binding Effect on Parties and Successors. The terms and provisions of this Agreement shall be binding upon and accrue to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Development and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Development and all recording fees shall be paid by the District. 6.4 Notice. Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States mail to the addresses set forth in this paragraph, by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or deposited in the United States mail in accordance with the above. Addresses ofthe parties hereto are as follows: Ifto the City at: City Administrator City of St. Joseph P.O. Box 668, St. Joseph, MN 56374 If to the District at: Independent School District #742 Kevin Januszewski 1000 - 44th Avenue North; Suite 100 St. Cloud MN 56303 If to the Developer at: Arcon Development, Inc. 7625 Metro Boulevard Suite 350 Edina, MN 55439 11 6.5 Acceptance and Ownership of Improvements. The City will accept said improvements or portions thereof, upon certification by the City Engineer that, to the best of his knowledge and belief, the improvements have been completed in conformance with the terms of this Development Agreement and all documents incorporated herein by reference. Upon completion of the work and construction required by this Agreement and final approval and acceptance by the City, the improvements lying within public easements in the development shall become City property without further notice or action. 6.6 Incorporation of Documents by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6.7 Indemnification. The City and its officers, agents and employees shall not be personally liable or responsible in any manner to the District, contractor or subcontractors, materialmen, laborers, or to any other person or persons whomsoever, for any claims, demands, damages, actions, or causes any action of any kind or character whatsoever arising out of or by reason of the execution of this Agreement, or the design, performance, and completion of the work and the improvements to be provided by the District pursuant to this Agreement. The District shall hold the City and City Engineer harmless from claims by third parties, including but not limited to other property owners, contractors, subcontractors and materialmen, for damages sustained or costs incurred resulting from plat approval and the development of the Property. The District shall indemnify the City for all costs, damages or expenses, including engineering and attorney's fees, which the City may payor incur in consequence of such claims by third parties. 6.8 License to Enter Land. The District hereby grants the City, its agents, employees, officers and contractors a license to enter the Property to perform all work and/or inspections deemed appropriate by the City during the development ofthe Property. 6.9 Streets. (a) During any period of spring weight restrictions, when the streets within the Development have the first lift of pavement, but prior to final acceptance of the improvements by the City, the District shall post signage at each entrance to the Property as notice restricting access to vehicles with an axle weight of seven tons or less. (b) The District shall promptly clean any soil, earth or debris from streets in or near the Development resulting from construction work by the District or its agents or assigns as often as necessary and as directed by the City for public safety and convenience. In the event the District fails to clean 12 the streets within 48 hours of the direction of the City, the City may undertake the work and seek reimbursement from the security provided by the District as set forth in paragraph 8.15(c) of this Agreement, or alternatively, assess the cost against property owned by the District within the City. (c) Any damage to existing City streets due to construction activities within the development shall be repaired to the satisfaction of the City at the District's expense. 6.10 Certificate of Compliance. This Agreement shall remain in effect until such time as District shall have fully performed all of its duties and obligations under this Agreement. Upon the written request of the District and upon the adoption of a resolution by the City Council finding that the District has fully complied with all the terms of this Agreement and finding that the District has completed performance of all the District's duties mandated by this Agreement, the City shall issue to the District on behalf of the City an appropriate certificate of compliance. The Acceptance of the Improvements contracted in accordance herewith by the City does not constitute a certificate of compliance and does not release the District from ongoing duties or responsibilities arising under this contract. The issuance of a Certificate of Compliance does not release the District or any Surety from warranty responsibilities or responsibilities for future improvements arising under Section 5.0 herein. 6.11 Monuments. The District may place, at the District's sole cost and expense, identification monuments on the entrances to the Development Property pursuant to City Ordinance regulations. The location and type of monuments must be approved by the City Engineer prior to installation. 6.12 Reimbursement of City's Costs. The District shall reimburse the City for all costs, including all reasonable engineering, legal, planning and administrative expenses, incurred by the City in connection with all matters relating to the negotiation, administration and enforcement of this Agreement and its performance by the District. The District shall also reimburse the City for any add-to-construction costs related to the installation of street lighting or private utilities within the Development. The District shall also be responsible for the cost of acquiring and installing street signage consistent with that used in other recent developments within the City. Such reimbursement shall be made within 14 days of the date of mailing the City's notice of costs. If such reimbursement is not made, the City may place a hold on all construction or other work related to the Development, or refuse the issuance of building permits until all costs are paid in full. The City may further declare a default and collect its costs from the security deposited in accordance with Section 4.09 of this Agreement. 6.13 Renewal of Security. If any escrow account or bond deposited with the City in accordance with this Agreement shall have an expiration date prior to the 13 District's obligations hereunder being complete, the District shall renew such security or deposit substitute security of equal value meeting the approval of the City at least thirty (30) days prior to the expiration of such security. Failure to post such alternate security or renew such security shall constitute a default and the City may place a moratorium on all construction or other work related to the Development, refuse the issuance of building permits, and declare the entire amount thereof due and payable to the City in cash. Such cash shall thereafter be held by the City as a security deposit in the same manner as the security theretofore held by the City. 6.14 Platting. The Developer must include all of the Development Property in the final plat of the first phase of the development, with future phases of the development platted as Outlots. The final plat must be recorded prior to the City or the District initiating the installation of Municipal Improvements on the Development Property. 6.15 Utility Location. The District agrees that all utilities within the Development will be installed underground, including without limitations electrical, telephone, cable television and natural gas. The District may receive an exemption from this requirement if the District demonstrates to the City Engineer that underground utilities would not be physically possible. Any exemption shall be limited to the minimal area necessary. 6.16 Plat Dedication. Upon approval and execution of this Agreement, the City shall approve the final plat provided it otherwise meets the requirements of the City's Ordinance governing Subdivisions. If the Plat contains the dedication of an easement, the use of property within the area of an easement is specifically restricted by prohibiting the construction of any structure or fence, planting trees or shrubs, or storing of personal property within the area of the easement which could delay, restrict or impede access within the easement area by a person or vehicle. 6.17 Street Lighting and Signage. The Developer and District shall be responsible for the cost of purchase and installation of street lights and street signs. The improvement shall not be accepted until installation of street lights and street signs are completed. 6.18 Wetlands. The District shall take the following precautions to protect any wetlands within the Property, as that term is defined in Minnesota Statute Section 1038.005, Subd. 19; (a) Upon completion of the site grading, place signs on any lots containing wetlands or drainage easement providing notice of the location of the wetland or drainage easement. The signs shall be in a form and size as prescribed by the City and available for purchase through the City 14 Administrator/Clerk~ office. The location and number of signs for each lot shall be as required by the City Engineer. (b) Prohibit filling of wetlands so long as the District is the owner of the affected lot. (c) The District will, simultaneous with recording of the initial plat for the Development Property, provide an easement and development restriction to the City protecting the wetlands areas located within lots shown on the Preliminary Plat. Said easement and development restriction shall be drafted by the City Attorney and must provide that the wetlands located on the lots shown on the Preliminary Plat may not be filled or distributed without the permission of the City, which it may deny in its sole discretion, and any other applicable agency. The District will provide signs on the Development Property indicating the location of the protected wetlands. All signs and locations must be approved by the City prior to installation. (d) Notwithstanding anything in this Agreement to the contrary, the District shall be responsible for all wetland mitigation which is required for construction of any of the Municipal Improvements, and the District shall be responsible for all wetland mitigation which may be required because of work done by or under the direction of the District in the areas designated as future park. The District will complete and pay for all permitting costs, including monitoring as required by the permit, credit purchases, and/or other mitigation costs which may be involved. The City may, however, take action to minimize charges or costs to the City in the event the District fails to obtain all permits and complete all mitigation which may be necessary for the construction of the Municipal Improvements and/or work in future parklands. 6.19 Water/Sewer Access and Trunk Fees. The District shall pay the following utility fees: a. b. c. d. Water Access Sewer Access Trunk Water Trunk Sewer $161,949.00 87,540.00 6,565.50 6,565.50 The aforementioned fees are due and payable at the time of building permit issuance. (See EXHIBIT B for detail) 6.20 Stonn Water Development Fee. The District shall pay for storm water and drainage improvements the greater of either (a) $.20 per square foot of the "Net Developable property" or the actual cost of storm sewer outfall line from the edge of the development property line to the approved discharge point. Net 15 Developable Property is defined as the gross land area minus the streets and other land area dedicated to the public. Notwithstanding the above, if the District does not expend at least $.20 per square foot of Net Developable Property on storm water improvements for the currently platted phase of the Development Property, the District shall remit to the City the difference between the amoUIit actually spent on storm sewer for that phase of the Development Property and $.20 per square foot. The District shall provide the City with a schedule of values for storm sewer improvements constructed by the District. The cost differential provided for by this paragraph is provided to ensure that the City is compensated for downstream costs which may have been or will be incurred by the City. Approximately 40 acres of land, as described in Exhibit C, which will be used for a nature preserve area. This nature preserve area is a joint venture with MN Fish and Wildlife and Independent School District 742 to create a living classroom. In exchange for the innovative approach to preserving open space, $ 150,000 of the storm water fee will be deferred until a time that the natural preserve area is developed. At such time that said land is put to any other use or developed in any manner, the above fees will become immediately payable for all lands on which the other use exists. Based on the submitted plans and expected storm water costs the Storm Water Development Fee due for the project is $ 316,589.52, less the deferred amount of $ 150,000 which calculates to $ 166,589.52. This fee is due and payable at issuance of the building permit. (See Exhibit D) 6.21 Assignment. This Agreement may not be assigned by the District except upon obtaining the express written consent of the City. Unless expressly released by the City, the District shall remain obligated to fulfill the duties required under this agreement. 6.22 Integration. This Agreement contains all of the understandings and agreements between the parties. This Agreement may not be amended, changed, or modified without the express, written consent of the parties hereto. 6.23 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 6.24 Governed bv Minnesota Law. This Agreement shall be interpreted under the laws of the State of Minnesota. 6.25 Representation. Rajkowski Hansmeier Ltd. represents the City with regard to this Agreement. The District is hereby advised to seek independent legal advice prior to execution of this Agreement. 7.0 DEFAULT AND REMEDIES 16 7.1 Default. Failure by the District and/or Arcon to observe and perform any covenant, condition, or obligation contained in this Agreement shall be considered a default by the District and/or Areon under this Agreement. 7.2 Right to Cure. The City shall give the District and/or Arcon written notice of any default under this Agreement. The District and/or Areon shall have 10 days in which to cure the default (or in which to commence good faith efforts to cure if the default is one which cannot reasonably be cured in 10 days). 7.3 Remedies. If an event of default is not cured by the District and/or Arcon within the applicable cure period, the City may do any, all or any combination of the following: (a) halt all further approvals regarding improvements or issuance of building permits or occupancy permits relating to the Development Property; (b) seek injunctive relief; (c) take any other action at law or in equity, which may be available to the City. Signed and executed by the parties hereto on this _ day of ,2007. ATTEST CITY OF ST. JOSEPH By Richard Carlbom Mayor By Judy Weyrens City Administrator DISTRICT By Name Title DEVELOPERlARCON By Name Title 17 STATEOFMINNESOTA ) )ss COUNTY OF ) This instrument was acknowledged before me on , 2007 by Richard Carlbom and Judy Weyrens, the Mayor and City Administrator respectively, of the City of St. Joseph a Minnesota municipal corporation, on behalf of said City. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) )ss COUNTY OF ) , 2007 by of Independent School laws of Minnesota, and executed the above This instrument was acknowledged before me on ,the District 742, a public corporation under the Agreement on behalf of said corporation. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL STATE OF MINNESOTA ) )ss COUNTY OF ) This instrument was acknowledged before me on , 2007 by , the of Arcon Development, Inc. a Minnesota corporation under the laws of Minnesota, and executed the above Agreement on behalf of said corporation. 18 NOTARIAL STAM:P OR SEAL (OR OTHER TITLE OR RANK) THIS DOCUMENT DRAFTED BY: Thomas G. Jovanovich - 5284X Rajkowski Hansmeier Ltd. 11 Seventh Avenue North P.O. Box 1433 St. Cloud, MN 56302 Telephone: (320) 251-1055 SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD CONTINUE TO BE SENT TO PREVIOUS OWNER 19 EXHIBIT A PLANS AND DRAWINGS (the School District will provide this) 20 EXHIBIT B ORDINANCE DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENSION 41.1 Water PermiUlnspection Fee Lump Sum 1.00 $100.00 $100.00 42.4 Sewer PermiUlnspection Fee Lump Sum 1.00 $100.00 $100.00 44 Water Availability Charge (WAC) 18 Student 43.77 $3,700.00 $161,949.00 44 Sewer Availability Charge (SAC) 18 Student 43.77 $2,000.00 $87,540.00 Trunk Water Charge, (CR 121 Area) 18 Student 43.77 $150.00 $6,565.50 Trunk Sower Charge, (CR 121 Area) 18 Student 43.77 $150.00 $6,565.50 Total $262,820.00 21 EXHIBIT C DESCRIPTION OF NATURE PRESERVE AREA REFERENCED IN PARAGRAPH 7.20 (the District will provide this Exhibit) 22 EXHIBIT D ITEM DESCRIPTION UNIT 1 Groundwater Mounding Analysis 2 Silt Fence 3 Topsoil Stripping & Re-Placement 4 Basin Excavation 5 SOdded Filter Strip 6 Native Grass Plantin!~ 7 250' Overflow Swale to Southeast Lump Sum Lin Ft Cu Yd Cu Yd Sq Yd Acre Lump Sum EST'D QUANTITY UNIT PRICE EXTENSION 1.00 1,600.00 6,500.00 23,130.00 4,500.00 4.00 1.00 1,500.00 2.00 1.50 4.50 2.00 400.00 1,100.00 Estimated Construction Cost Less Credit for Structural Fill Req'ts Cu Yd Stormwater Development Fee per Ordinance Sq Ft Less Estimated Construction Cost, This Project Less Estimated Construction Cost for Future School Less Estimated Cost of Jade Road Storm Line Adjusted Stormwater Development Fee Less: Credit for Nature Preserve Area (Living Classroom) FINAL STORM WATER FEE DUE 23 23,130.00 Net Construction Cost 3,112,797.60 (3.50) 0.20 1,500.00 3,200.00 9,750.00 104,085.00 9,000.00 1,600.00 1,100.00 130,235.00 (80,955.00) 49,280.00 622,559.52 (130,235.00) (130,235.00) (45,500.00) 316,589.52 (150,000.00) 166,589.52 CouncilAgenda-Item ~~ elT'l 00 tIT.J()Stttlft MEETING DATE: April 5, 2007 AGENDA ITEM: District 742 - Development Agreement, Final Plat SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission considered the site plan on March 12, 2007. The Planning Commission recommended the City Council authorize the execution ofthe Development Agre.ement between the City of St. Joseph and District 742. PREVIOUS COUNCIL ACTION: Both the City Council and Planning Commission have reviewed and approved the issuance of a Special Use Permit to allow the construction of a K.8 School. Additionally, both the City Council and Planning Commission have approved a preliminary plat for the River's Bend Development, where the school will be constructed. BACKGROUND INFORMATION: The Plapning Commission has agreed that if a final plat is consistent with the preliminary plat, the applicant does not need to come before the Planning Commission for final plat approval. The final plat as included in your packet is consistent with the Preliminary Plat. District 742 has completed the application process and once the final plat and developers agreement is executed they can secure a building permit. The Building Official has been working with District 742 at the same time the site plan was being approved so that the May groundbreaking could be accommodated. BUDGETIFISCAL IMPACT: None ATTACHMENTS: 1) Site Plan; 2) Final Plat; 3) Development Agreement REQUESTED COUNCIL ACTION: Authorize execution of the Developers Agreement between the City of St. Joseph and District 742 and authorize the Mayor and Administrator to execute the Final Plat entitled Rivers Bend Note: Ifthe Development Agreement is not finished before the end of the day on Monday, it will be forwarded on Tuesday. )C.~~ La.- L .wr~ . Architectural Arm-Mounted Cutoff For cal'lQts, street lightil'!g Or patkillgareas. Housing - Rllgged, heaw.gauge,aluminum rec. tilinear housil19. AU seams continuously welded forweathertight integrity. Dark bronze corrosion. resistant polyester powder finish (DDB) standard. Other architectural colors available. Door Frame - Natural anodized, extruded alumi- num frame with mitered corners, retained with two hinge pins and secured with one quarter- turn, quick-release fastener. Integrally designed, extruded silicone gasket provides weatherproof seal between housing and frame. Lens - .125" thick, impacNesistant tempered glass with thermally applied, silk-screened pow- er door shield. Mounting - Extruded 4" (KSF1, KSF2) or 12" (KSF3) aluminum arm for square pole mounting shipped in fixture carton as standard. Optional mountings available. Optics ~. Anodized Segmented reflectors provide slIperior uniformity and control. KSF1/KSF2 re' f1ectors are rotatable and interchangeable. KSF3 Type IV is rotatable. Five cutoff disttibutions available: R2 (roadWCIY), IU (asymmetric), R4SC (forward throw, sharp cutom, R4W (wide, forward throw), R5S (square). Electrical- High reactance, high power factor for 150W and below. Constant wattage autotrans- former for 175W and above. Cqpper wound and 100% factory tested. Removable power door and positive'focking disconnect plugs. Socket-Porcelain, horizontally oriented, mogul- baSe socket (100M and 150M are medium-base) with copper alloy, nickehplated screw shell and center contact. UL Listed 1500W. 600V. UL Listed (standard). CSA Certified or NOM Certi- fied (see Options). UL Listed for wet locations. IP65 rated. Ordering Information High pressure sodium KSF1 70S KSF1 100S KSF1 150S KSF2 2S0S KSF2 400S KSF3 10005 Metal halide KSf1 100M KSF1. 1SOMl KSF1 175M KSFl 2iJOM2 KSF1 250M KSF2 320MU KSF2 350M2.3 KSF2 400M1.3 KSF3 1000M1.4 R2 Typall roadway (sizes 1 and 2 only) R3 Type III asyIDmlltrit R4 Type IV foward throw (size 3 only) R4SC Type IV forward throw, sharpcutoff(sizes T and2only) R4W Type'IV Wide, forward throw (size 2 only) RSS Type Y square (sizes land 3 only) NOTES: 1 MaybeordsedwithSCWA. 2 Munbe.orderedwiIli5CWA. 3 Must use ED2B lamp. 4 Must use BT31lamp with RSS. 5 Consult factory foravailabiUty in Canada. 6 Optional multi-Up ballast, (l20V. 208V, 24DV, 277V). In Canada 120V, 277V. 347V; sI1ipsas120VI347V. 7 llse 9' arm When mountinglWO luminaires at90'. a llse 12' arm When mounting two luminaires at 90'. 9 May,beordered1lSacressory. 10 QRSTD available in select wattages. Consult factory. . 11 Includes mounting arm. PSG9 Ie.' ."1/. ' >F ' . :,,"':;~ "" ',:;. :~, i:, ';rl ,: . ", "i Spe.c-Form@ Example: KSF1150SR2120SPO,9PERlPI .. --... 120 20a5 2405 m 347 48IJ5 1116 Included. KSF1/KSF2 SP04 4" square pole arm (std.)/ SP09 9" square pole ann RP04 4" round pole arm7 RP09 9" round polunn WB04 4" Wlillbracket WB09 9" wall bracket MB Mounting brlIcket (KSFl only) Included.KSF:ls SP12 12" square pole arm (std.) RP12 12" round polearm 012 12" wood plileorwall WB12 12" wall bracket Ship.ped separately9 KMA Mast ann adapter KlMB Twin mounting bar DA12P Degree arm (pole) DA12WB Degree ann (wall) .w NIGHTtIME FRIENDLY Consistent with lEED' goals & Green Globes'"ciiteiia for light pollution reduction Dimensions are shown in inche! (centimetel'$) unless otherwise noted. K$f1 IfH1 m EPA:" 1.srt'(.14m~ 2.0It'(.19rn') 3.0ft'(.2Bm~ leggth: 22 (55.9) 25-5/26(64.3) 3Q,.5116 (77.0) WidtIl: 16+3116(41.1) 18-1/2 (47.0) 2.,.5116(61.8) Height 7-1/4 (18.4) 8-5116(21.1) 10-1/2{26.7) Max.weight: 39 Ibs(17.7 1qJ) 55Ibs(24.9lcg) 861bs(38.6kg) L WWWJithonia_~m. keyword:KSf. ~ Installed LPI Lamp induded ULP Less lamp SF Single fuse. 120V, 277V, 347V (n/li 18) Of Doublefuse. 208V, 240V, 480V (n/aTB) PER NEMAlWist-lotkrec:eptacleonly (nophotocontrol) QRS Quartz restrike systenl. (maxlamp: KSFl75W; KSFl 100W;KSf3~W)10 CR Enhanced Coirtision resistance EC Emef!Jenqtircuit SCWA SuperCWApulse start ballast (n/a HPS, 100M. 175M) CSA CSACertifred NOM NOM Certified (consult factory) for optional ardlilectural Clllors, see page 543- ShiQped separately : PE1 NEMAtwist-lof:kPE(120Y-240V) PES NEMA twist'lotkPE (347V) PE4 NEMAtwist-lockPE{480V) PE7 NEMA twist"lof:kPE (277V) SC Shorting cap for PER!lption KSLHS HOlISe-'sideshield (KSFlIKSF2: R2 and R3 only. KSf3; R3 and R4 only) KSF _VG Vandal guard (KSFl/KSF2 only) fortenon ~ipfitters. see page540. Rev.12/06 ~ ~/rHDNM UGHT/NII o t;J ~. fR. ~ ~. ~ ~ ~ p ~ ~...:.., I. .... ...-;: Jj: t:1 f . is ~~, ;~~~ fJ~llf! ;I'~ ~ !i~. ii. .... '/ ~ :G<f?:J I ....~....- e;~;rn~ l") Z. I fl;~ Z!ftL~ ' ~~ ~'!i@;2!'~ !':f:r: g "" )ii.. ~ I .~ m ~ I\) CO ~ ifi 0 ~ . 1111 t Iff 8b+ IIU '11111111 pi I I 1111, r~;1 III , 'I~I'(:~:> , ! I \ ", I I ", I : i \ i ; ( \ i i I , i .~ i \ I ; ! ' i~ .~ "J !. .' ~!7'::.' ~~...., .;.-....-...1 Iii 1jll . II "1: 1 If- ';'C':-~e. ...",S'''' ,.0,\.-" lill. ;1: fJ' 'I~. b3 I , ,,, t. il'I..~Il! '~-2! Iii I'll i 11ii~~~ I ._ g I '. 1-. .....sr..e ATI'1I: ~f'c ! I!I.. I... i ..1' Ir... '1 il; I... i... I'. '. I.... J '. I ".... '.' t · ,..1,.. '. .....1. f.. .,1.. .....1 AJ'. ' . ' 'i. . '1'1 III I lldi Ii I. I ~ Ii. I 11110 I.! I "illi' I till !l~ ."11 !J I II.. ~.I.IIII 'I, II. ,._(. ."11 III' f I ,I ( Ii ! 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Joseph EDA has been working with Collegeville Development Group and the redevelopment project. The project scored high on the TIP Application and it was determined that this project would not move forward without the use of TIP. The EDA is recommending approval of the TIP District and TIP plan 2-1. On April 23, 2007 the Planning Commission reviewed the proposal in relation to the Comprehensive Plan and passed a resolution confirming that the proposed re-development is consist with the same. PREVIOUS COUNCIL ACTION: The City Council also met with the developer, Collegeville Development Group to discuss the use of Tax Increment Financing (TIP). The Council accepted the application for TIP and authorized the project to move forward utilizing TIP. BACKGROUND INFORMATION: During the initial discussion with staff about the development of the vacant lot, we suggested that they contact the property owners of the La Playette and Laundromat to see ifthey would be interested in re-development. The Laundromat has become part of the project and it only works if TIP is utilized. Part of the process for TIP requires the establishment of a Development District. The enclosed map illustrates a large area for the Development District and will be entitled District 2. (Note: District 1 is in the Industrial Park) The City has been working on the downtown development and it is the hope that the CDG project will facilitate future projects. The Development District would allow future projects to create a Tax Increment District. As you can see from the enclosed the CDG project is called TIP District 2-1. If the property for sale across from the City Hall applied and met the requirement for TIP, they would have a hearing to create TIF District 2-2. Any property within the District could apply for TIP and they would have to meet the same qualifications as CDG. After the Development District and TIP District have been created the Council will be asked to approve one more document, the Development Agreement. This agreement refers to the pay-as-you-go TIP only. The document outlines who the City pays and what is paid. This document will be ready for the next Council meeting. Authorization of the Development District and TIP District allows the Developer to start working on the project. Any work completed before the approval cannot be included. The developer would like to begin working early May. BUDGET/FISCAL IMPACT: ATTACHMENTS: 1) Hearing Notice; 2) Resolution 2007-018; 3) Plan Documents REQUESTED COUNCIL ACTION: Authorize execution of Resolution 2007-018 establishing Development District 2 and Tax Increment District 2-1 as recommended by the St. Joseph Economic Development Authority. RESOLUTION 2007-018 ESTABLISHING DEVELOPMENT DISTRICT NO.2 AND APPROVING THE DEVELOPMENT PROGRAM THEREFOR AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 2-1 AND APPROVING THE TAX INCREMENT FINANCING PLAN THEREFOR WITHIN DEVELOPMENT DISTRICT NO.2 WHEREAS: A. It has been proposed that the City of St. Joseph, Minnesota (the "City") establish Development District No.2 and establish Tax Increment Financing District No. 2-1 therein and approve and accept the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1799 (the "Act"); and B. The City Council has investigated the facts and has caused to be prepared a proposed development program for Development District No.2 (the "Development Program"), and has caused to be prepared a proposed tax increment financing plan for Tax Increment Financing District No. 2-1 therein (the "Tax Increment Financing Plan"); and C. The City has performed all actions required by law to be performed prior to the establishment of Development District No.2 and Tax Increment Financing District No. 2-1 therein, and the adoption of a proposed development program and tax increment financing plan therefor, including, but not limited to, notification of Stearns County and Independent School District No. 742 having taxing jurisdiction over the property to be included in Tax Increment Financing District No. 2-1 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Joseph as follows: 1. Development District No.2. There is hereby established in the City Development District No.2, the initial boundaries of which are fixed and determined as described in the Development Program. 2. Development Program. The Development Program, a copy of which is on file in the office of the City Administrator, is adopted as the Development Program for Development District No.2.' 3. Tax Increment Financing District No. 2-1. There is established in the City within Development District No.2, Tax Increment Financing District 2-1, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 4. Tax Increment Financing Plan. The Tax Increment Financing Plan, a copy of which is on file in the office of the City Administrator, is adopted as the tax increment financing plan for Tax Increment Financing District No. 2-1, and the City Council makes the following findings: (a) Tax Increment Financing District No. 2-1 is a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 10, the specific basis for such determination being that the City Council has had the opportunity to review the report of a licensed building inspector with respect to the condition of existing buildings in Tax Increment Financing District No. 2-1 and the demolition and clearing of 2 existing substandard buildings and the construction of a retail/commercial project, including approximately 16 condominium units along with approximately 10,820 square feet of commercial space 2012700vl will provide safe, decent, sanitary housing for residents of the City, help prevent the emergence of blight and result in the preservation and enhancement of the tax base of the State. (b) The proposed redevelopment in the opinion Of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Private investment will not finance these development actIVItIes because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within Development District No.2. (ii) A comparative analysis of estimated market values both with and without establishment of Tax Increment Financing District No. 2-1 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit V of the Tax Increment Financing Plan, and indicates that the increase in estimated market value of the proposed redevelopment (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of Tax Increment Financing District No. 2-1 and the use of tax increments. (c) In the opinion of the City Council, the increased market value of the site that could reasonably be expected. to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of Tax Increment Financing District No. 2-1 permitted by the Tax Increment Financing Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, other than a small amount attributable to appreciation in land value; (ii) The estimated increase in the market value that will result from the redevelopment to be assisted with tax increment financing is $2,913,800 (from $314,300 to $3,228,100); and (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $519,696. (d) The Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 conforms to the general plan for development or redevelopment of the City of St. Joseph as a whole. The reasons for supporting this finding are that: (i) Tax Increment Financing District No: 2-1 is properly zoned; and (ii) The Tax Increment Financing Plan will generally compliment and serve to implement policies adopted by the City. (e) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of St. Joseph as a whole, for the development or redevelopment of Development District No.2 by private enterprise. The reasons supporting this finding are that: 2012700vl 2 The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No.2. 5. PublicPtlrPose. The adoption of the Development Program for Development District No.2, and the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 therein conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide safe, decent, sanitary housing for residents of the City, to help prevent the emergence of blight, to improve the tax base and to improve the general economy Of the State and thereby serves a public purpose. 6. Certification. The Auditor of Stearns County is requested to certify the original net tax capacity Of Tax Increment Financing District No. 2-1 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Administrator-Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Tax Increment Financing District No. 2-1 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 7. Filing. The City Administrator-Clerk is further authorized and directed to file a copy of the Development Program and Tax Increment Financing Plan for Tax Increment Financing District No. 2-1 with the Commissioner of Revenue. 8. Administration. The administration of Development District No.2 is assigned to the City Administrator-Clerk who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. Adopted this _ day of ,2007. CITYOF ST. JOSEPH By Richard CarIb om, Mayor By Judy Weyrens, Administrator/Clerk 2012700vl 3 Exhibit A CITY OF ST. JOSEPH COUNTY OF STEARNS STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of St. Joseph, Steams County, Minnesota, will hold a public hearing on Thursday, May 3, 2007, at 7:00 p.m., at the City Hall, in the City of St. Joseph, Minnesota, relating to the proposed establishment of Development District No. 2 and the adoption of the Development Program for Development District No.2, the proposed establishment of Tax Increment Financing (Redevelopment) District No. 2-1 within Municipal Development District No.2 and the proposed adoption of a Tax Increment Financing Plan therefor, pursuant to Minnesota Statutes, Section 469.174 through 469.1799, inclusive, as amended. Copies of the Development Program and the Tax Increment Financing Plan as proposed to be adopted will be on file and available for public inspection at the office of the City Administrator - Clerk at City Hall. The property proposed to be included in Development District No.2 and Tax Increment Financing (Redevelopment) District No. 2-1 is described in the Tax Increment Financing Plan on file in the office of the City Administrator - Clerk. A map of Municipal Development District No.2 and Tax Increment Financing (Redevelopment) District No. 2-1 is set forth below: All interested persons may appear at the hearing and present their views orally or in writing prior to the hearing. EXlfIBIT I - Development District No.2 TlJF Distrim N0. 24 (R~evdQ}.lmeut) EXHIBIT IA - Tax Increment Financing District TIF (Redevelopment) District No. 2-1 r~. F.if · F\ t . ..L.----- " \ \ J ..\ \ ~ \.-~--- ~\ "\ \\.. .. \ I \ I. '. ... I II. . T~ f \ \ I, Millstream Project Dated: May 3, 2007 PLAN DOCUMENTS PREPARED BY NORTHLAND SE CURl TIE S Northland Securities, Inc. 45 South ih Street - Suite 2500 Minneapolis, MN 55402 (800) 851-2920 Member NASD and SIPe TABLE OF CONTENTS ARTICLE 1- DEFINITIONS AND EXHIBITS Section 1.01 Definitions ............................................ .............. ........ .......... .......... ..... ..... ............. 1 Section 1.02 Introduction............................................... ........ ............................ .......... ..... .......... 2 Section 1.03 Exhibit ReferencelDescription............................................................................... 2 ARTICLE II - STATEMENT OF PUBLIC PURPOSE AND AUTHORITY Section 2.01 Statement of Need and Public Purpose.................................................................. 3 Section 2.02 Statutory Authority ................................................................................................ 3 ARTICLE 111- DEVELOPMENT PROGRAM Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 Section 3.07 Section 3.08 Section 3.09 Section 3.10 Section 3.11 Section 3.12 Statement of Objectives ................ ................. ...................................... ........ ..... ..... 4 Boundaries of Development District ..................................................................... 4 Development Activities...................................................................................... 4- 5 Payment f Public Costs .......................................................................................... 5 Environmental Controls; Land Use Regulations ................................................... 5 Park and Open Space to be Created....................................................................... 5 Proposed Reuse of Property.............................................................................. ..... 6 Administration and Maintenance of Development District ...................................6 Relocation.... ..........................................................:............................................... 6 Amendments .............................. ................ ........................... .......... .......... ..... ........ 6 Enlargement of Development District ................................................................... 6 Increase Estimates of Public Costs and Budget..................................................... 6 ARTICLE IV - TAX INCREMENT FINANCING PLAN Section 4.01 Section 4.02 Section 4.03 Section 4.04 Section 4.05 Section 4.06 Section 4.07 Section 4.08 Section 4.09 Section 4.10 Section 4.11 Section 4.12 Section 4.13 Section 4.14 Section 4.15 Section 4.16 Section 4.17 Section 4.18 Section 4.19 Statement of Need and Public Purpose.................................................................. 7 Statutory Authority ... ..... .......... ........ ............ ..... .......... ..................... ..... ....... .......... 7 Statement Objectives .......... .................. ................................. ....... ..... .................... 7 Redevelopment District Designation .................................................................. 7-8 Duration of the Tax Increment Financing District.................................................. 8 Specific Development Expected to Occur Within the TIF District ....................... 8 Parcels(s) to be Included in the TIF District.......................................................... 9 Property to be Acquired in the TIF District........................................................... 9 Findings and Need for Tax Increment Financing .............................................9-10 Estimated Sources of Revenue/Public Costs ....................................................... 10 Estimated Amount of Bonded Indebtedness........................................................ 10 Original Net Tax Capacity ................................................................................... 11 Original Local Tax Capacity Rate ....................................................................... 11 Projected Retained Captured Net Tax Capacity and Projected Tax Increment ... 11 Use of Tax Increment .....................................................................................11-12 Excess Tax Increment.......................................................................................... 13 County Road Costs .............................................................................................. 13 Four-Year Rule - Limitations on Property Not Subject to Improvements...... 13-14 Five-Year Rule - Tax Increment Pooling........................................................ 14-15 Section 4.20 Section 4.21 Section 4.22 Section 4.23 Section 4.24 Section 4.25 Section 4.26 Section 4.27 Section 4.28 Limitations on Administrative Expenses ............,................................................ 15 Estimated Impact on Other Taxing Jurisdictions................................................. 15 Prior Planned Improvements................................................... ............ ............ 15-16 Development AgreemeI1ts .... ........ ..... ... ................................................................ 16 Assessment Agreements .................................. ...................................... .......... .... 16 Modifications of the Tax Increment Financing Plan ..................................,........ 16 Administration of the Tax Increment Financing Plan.......................................... 17 Financial Reporting and Disclosure Requirements......................................... 18-21 Business Subsidy Compliance ........................................................................21-22 Map of the Development District......................................... ................................................. Map of the Tax Increment Financing District....................................................................... Property Description........................... .................................................................................. Sources and Uses Statement ................................................................................................. TIF District Assumptions Report ......................... ............... .................. .......... ..... ..... ............ Projected Tax Increment Report ........................................................................................... Estimated Impact on Other Taxing Jurisdictions Report ....:................................................. Market Value Analysis Report.... ..................... ...................... ............................... ................ EXHIBIT I EXHIBIT IA EXHIBIT IB EXHIBIT II EXHIBIT III EXHIBIT IV EXHIBIT V EXHIBIT V Article I - Definitions, Introduction and Exhibits NORTHLAND SECURITIES Section 1.01 Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "Authority" means the City ofSt. Joseph. "City" means the City of St. Joseph, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the "Governing Body". "County" means Stearns County, Minnesota. "Development District Act" means Minnesota Statutes, Sections 469.124 through 469.134, as amended and supplemented from time to time. "Development District" means Municipal Development District No.2 in the City, created and established pursuant to and in accordance with the Development District Act as described in Section 3.02 of the Development Program. "Development Program" means the Development Program for the Development District, as amended and supplemented from time to time. "Housing Proiect" means a project, or a portion of a project, that meets all of the housing qualifications of a housing district under Minnesota Statutes, Sections 469.174, subdivision 11, whether or not actually established as a housing district. "Land Use Regulations" means all federal, state and local laws, rules, regulations, ordinances and plans relating to or governing the use or development of land in the City, including but not limited to environmental, zoning and building code laws and regulations. "ProiectArea" means the geographic area of the Development District. "Public Costs" means the costs set forth in Sections 4.10 and 4.15 of the Tax Increment Financing Plan, repayment of debt service on any Tax Increment Bonds, and any other eligible costs set forth in the Tax Increment Financing Plan, Development Program, or Minnesota Statutes, Section 469.176, subdivision 4. "Public Improvements" means the public improvements, if any, described in Section 3.03 of the Development Program and Section 4.10 of the Tax Increment Financing Plan. "School District" means Independent School District No. 742, Steams County, Minnesota. "State" means the State of Minnesota. "TIP Act" means Minnesota Statutes, Sections 469.174 through 469.1791, both inclusive. "TIF District" means Tax Increment Financing (Redevelopment) District No. 2-1. "TIF Plan" means the tax increment financing plan for the TIF District. City of St. Joseph, Minnesota Article 1- Definitions, Introduction and Exhibits NORTHLAND SECURITIE Section 1.02 Introduction The City of S1. Joseph has agreed to provide tax increment financing assistance to the Collegeville Development Group project in an effort to assist in the development related to the construction of a retaiVcommercial project, including approximately 16 condominium units along with 10,820 sq. ft. of commercial space within the City of S1. Joseph. It has been stated, in writing, by Collegeville Development Group to the City that the project will not be viable without public participation. The City, through this document, will be establishing Tax Increment Financing District No. 2-1 and also Municipal Development District No.2. The Municipal Development District is larger than the Tax Increment Financing District boundaries and is described in Exhibit I & lB. Section 1.03 Exhibit Reference/Description Exhibit I This is a map that describes the boundaries of the Development District in which the Tax Increment Financing District will be established. Exhibit IA This is a map that describes the boundaries of the Tax Increment Financing District in which the project(s) generating the tax increment will be located. Exhibit IB This is a property description that describes the property to be included within the boundaries of the TIF district. Exhibit II This is a sources and uses statement that line items the anticipated revenue sources for the project and the anticipated expenditures for those revenues. Exhibit III This report shows the various project and district assumptions for the tax increment financing district including applicable dates, original tax capacity information, projected project valuation, buildout, and various required elections. Exhibit IV This report shows the projected cash flow of the tax increment over a specified period of time. It reflects calculations used to determine "net" tax increment including various additions and deductions. Exhibit V This report shows the estimated impact on the respective taxing jurisdictions if the captured tax capacity was available immediately to the taxing jurisdictions (See Section 4.22). It also shows a comparative market value analysis of the property both with and without the establishment of the TIF district. (See Section 4.09(2)). City of St. Joseph, Minnesota 2 Article II - Statement of Public Purpose and Authority NORTHLAND SEe U RlT IE Section 2.01 Statement of Need and Public Purpose The City Council of the City has determined that. there is a need for the City to take certain actions designed to encourage, ensure and facilitate development and redevelopment by the private sector of underutilized, and unused land located within the corporate limits of the City in order to provide additional employment opportunities for residents of the City and the surrounding area; to improve the tax base of the City, the County and Independent School District No. 742 (the "school district"), thereby enabling them to better utilize existing public facilities and provide needed public services; and to improve the general economy of the City, the County and the State. Specifically, the City Council has determined that the property within the Development District is either underutilized or unused due to a variety of factors, including inadequate public improvements to serve the property; which has resulted in a lack of private investment; that, as a result, the property is not providing adequate employment opportunities, and is not contributing to the tax base and general economy of the City, the School District, the County and the State to its full potential; and, therefore, that it is necessary for the City to exercise its Authority under the Development District Act and the Tax Increment Financing Act to develop, implement and finance a program designed to encourage, ensure and facilitate the commercial development and redevelopment of the property located in the Development District, to further and accomplish the public purposes specified in this paragraph. The development proposed for the Development District would not occur solely through private investment in the foreseeable future; the Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the property to be located in the Development District by private enterprise. The welfare of the City, the County and the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce by the City. Section 2.02 Statutory Authorization The Development District Act authorizes the City, upon certain public purpose findings by the City Council, to establish and designate development districts within the City and to establish, develop and administer development programs therefor to meet the needs and accomplish the public purposes specified in Section 2.01. In accordance with the purposes set forth in Section 469.124 of the Development District Act, the City Council has established the Development District comprising the area described on the attached Exhibit I, lA, and IB and has adopted this Development Program therefor. The TIF Act authorizes the City, upon certain findings by the City Council, to establish and designate tax increment financing districts within the Development District and to adopt and implement a tax increment financing plan to accomplish the Development Program established for the Development District. In accordance with the Tax Increment Financing Act, the City has established Tax Increment Financing District No. 2-1 in the Development District as a redevelopment district described in Section 469.174 subdivision 10, and has adopted therefor the Tax Increment Financing Plan set forth in Article IV hereof, which provides for the use of tax increment financing to finance the costs of qualified public activities and improvements in the Development District, as specified in the Development Program and the Tax Increment Financing Plan. City of St. Joseph, Minnesota 3 I -. Article III - Development Program N()R'fHLAND SECUIUTIE DEVELOPMENT PROGRAM Section 3.01 Statement of Objectives The establishment of the Development District in the City pursuant to the Development District Act, is necessary and in the best interests ofthe City and its residents and is necessary to give the City the ability to meet certain public purpose objectives that would not be obtainable in the foreseeable future without intervention by the City in the normal development process. The City intends, to the extent permitted by law, to accomplish the following objectives through the implementation ofthe Development Program: (1) Provide for the acquisition of land and construction and financing of the Site Improvements in the Development District which are necessary for the orderly and beneficial development of the Development District and adjacent areas of the City. (2) Promote and secure the prompt and unified development of certain property in the Development District, such property is not now in productive use or in its highest and best use, with a minimum adverse impact on the environment, and thereby promote and secure the desirable development of other land in the City. (3) Promote and secure additional employment opportunities within the Development District and the City for residents of the City and the surrounding area, thereby improving living standards and reducing unemployment and the loss of skilled and unskilled labor and other human resources in the City. (4) Secure the increase of assessed values of property subject to taxation by the City, the County, the Independent School District No. 742, the County, and other taxing jurisdictions in order to better enable such entities to pay for governmental services and programs that they are required to provide. (5) Promote the concentration of new unified development consisting of desirable industrial and other appropriate development in the Development District so as to maintain the area in a manner compatible with its accessibility and prominence in the City. (6) Encourage the expansion and improvement of local business, economic activity and development, whenever possible. (7) Create a desirable and unique character within the Development District through quality land use alternatives and design quality in new buildings. (8) Encourage and prov~de assistance for residential development, including single and multifamily housing accommodations for low and moderate income families. Section 3.02 Boundaries of the Development District The area within the Development District is described in the attached Exhibit I & IE. Section 3.03 Development Activities The City will perform or cause to be performed, to the extent permitted by law, all project activities pursuant to the Development District Act, the Tax Increment Financing Act and other applicable state City of St. Joseph, Minnesota 4 Article III - Development Program NORTHLAND SECURJTIE laws. In doing so the City anticipates that the following may, but are not required, to be undertaken by the City: (1) The making of studies, planning and other formal and informal activities relating to the Development Program. (2) The implementation and administration of the Development Program. (3) The rezoning of land within the Development District. (4) The acquisition of property, or interests in property, by purchase or condemnation, when such acquisition is consistent with the objectives of the Development Program. (5) The preparation of property for use and development in accordance with applicable Land Use Regulations and the development agreement, including demolition of structures, clearance of sites, placement of fill and grading. . (6) The resale of property to private parties. (7) The construction or reconstruction of site improvements described in Section 4.07 hereof. (8) The issuance of tax increment bonds to finance the Public Costs of the Development Program, and the use of tax increments, or other funds available to the City, to payor finance the Public Costs of the Development Program incurred or to be incurred by it pursuant to the Development Agreement. (9) The use of tax increments to pay debt service on tax increment bonds or otherwise payor reimburse with interest the Public Costs of the Development Program. The City currently does not have plans for public facilities to be constructed in the Development District. Section 3.04 Payment of Public Costs It is anticipated that the Public Costs of the Development District will be paid primarily from proceeds of tax increment bonds or from tax increments. The City reserves the right to use other sources of revenue including, but not limited to, special assessments and user charges, which the City may apply to pay a portion of the Public Costs. Section 3.05 Environmental Controls; Land Use Regulations All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental controls and all applicable Land Use Regulations. Section 3.06 Park and Open Space to be Created Park and open space created within the Development District will be done so in accordance with the zoning and platting ordinances of the City. City of St. Joseph, Minnesota 5 -,- Article III - Development Program NORTHLAND SECURIT[ Seetion 3.07 Proposed Reuse of Property The Development Program contemplates that the City may acquire property and reconvey the same to another entity. Prior to formal consideration of the acquisition bf any property, the City Council will require the execution of a binding development agreement with respect thereto and evidence that tax increments or other funds will be available to repay the Public Costs associated with the proposed acquisition. It is the intent of the City to negbtiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any development agreement to which the City is a party. Section 3.08 Administration and Maintenance Maintenance and operation of the Development District will be the responsibility of the City Clerk- Treasurer who shall serve as administrator of the Development District. Each year the administrator will submit to the City Council the maintenance and operating budget for the following year. The administrator will administer the Development District pursuant to the provisions of Section 469.13 1 of the Development District Act; provided, however, that such powers may only be exercised at the direction of the City Council. No action taken by the administrator pursuant to the above-mentioned powers shall be effective without authorization by the City Council. Section 3.09 Relocation Any person or business that is displaced as a result of the Development Program will be relocated in accordance with Minnesota Statutes, Sections 117.50 to 117.56. The City accepts its responsibility for providing such relocation assistance pursuant to Section 469.133 of the Development District Act. Section 3.10 Amendments The City reserves the right to alter and amend the Development Program, and the Tax Increment Financing Plans, subject to the provisions of state law regulating such action. The City specifically reserves the right to enlarge or reduce the size of the Development District and the Tax Increment Financing District, the Development Program and the Public Costs of the Development Program and the ambunt of Tax Increment Bonds to be issued to finance such costs by following the procedures specified in Minnesota Statutes, Section 469.175, Subdivision 4. Section 3.12 Increased Estimates of Public Costs and Budget The additional costs eligible to be incurred by the City, directly or indirectly, in carrying out the Development Program, as modified are amended to include the Public Costs set forth in the Tax Increment Financing Plan City of St. Joseph, Minnesota 6 Article IV - Tax Increment Financing Plan NORTHLAND SECL'RITIE TAX INCREMENT FINANCING PLAN Section 4.01 Statement of Need and Public Purpose See Section 2.01 of the Statement of Public Purpose and Authority. Section 4.02 Statutory Authorization See Section 2.02 of the Statement of Public Purpose and Authority. Section 4.03 Statement of Objectives See Section 3.01 of the Development Program for the Development District. Section 4.04 Redevelopment District Designation Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other improvements, and more than 50% ofthe buildings (not including outbuildings) are structurally substandard requiring substantial renovation or clearance (See Exhibit VI). A parcel is deemed "occupied" if at least 15% of the area of the parcel contains some type of improvement; or (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section. 115C.02, subdivision 15, if the tank facilities: (i) have or had a capacity of more than 1,000,000 gallons; (ii) are located adjacent to rail facilities; and (iii) have been removed or are unused, underused, inappropriately used, or infrequently used. (4) a qualifying disaster area. For districts consisting of two or more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. The supporting facts and documentation for this determination will be retained by the Authority for the life of the TIF District and are availa.ble to the public upon request. "Structurally substandard" is defined as buildings containing defects or deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection (including egress), layout and condition of interior partitions, or similar factors. A building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. City of St. Joseph, Minnesota 7 Article IV - Tax Increment Financing Plan NORTHLAND SECURITIE A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain aCcess to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within a three-year period prior to the parcel's inclusion in the district; and (2) if the substandard building was demolished or removed within the three year period, such demolition or removal was performed or financed by the Authority, or was performed by a developer under a development agreement with the Authority. In addition, the Authority must have found by resolution before such demolition or removal occurred that the building was structurally substandard and that the Authority intended to include the parcel in the TIF District. In the case of (2) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the authority may be included in the qualifying costs. Section 4,05 Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt of the first tax increment. Modifications of this plan shall not extend these limitations. The Authority reserves the right to allow the TIF District to remain in existence the maximum duration allowed by law (projected to be through the year 2034) but may decide to decertify the TIF District at an earlier date. All tax increments from taxes payable in the year the TIP District is decertified shall be paid to the Authority. Section 4.06 Specific Development Expected to Occur Within the TIF District See Exhibit IA & IE. The City intends to enter into a contract with Collegeville Development Group regarding their proposal to develop a retail/commercial project, including approximately 16 condominium units along with 10,820 sq. ft. of commercial space within the City and the TIF District boundaries described in Exhibit IA. No contracts have been entered into for the proposed development at this time. The entire project should be 100% assessed and on the tax rolls as of January 2, 2010 for taxes payable in 2011. City of St. Joseph, Minnesota 8 Article IV - Tax Increment Financing Plan NORTHLAND SEClJRJTfE Section 4.07 ParceI(s) to be Included in the TIF District The property to be included in the TIF District includes a portion of land located within the City. It will consist of seven parcels. Five parcels are owned by the Collegeville Development Group and they have purchase agreements on the remaining two. The boundaries of the TIF District are reflected on a map attached as Exhibit IA. The following parcel identification number(s) (PID#'s) and corresponding legal description(s), along with adjacent rights-of-way, will be included in the TIF District: See Exhibit IB for the PID#'s and legal description ofthe parcels. Section 4.08 Property to be Acquired in the TIF District Collegeville Development Group currently owns five of the parcels within the TIF district with purchase agreements on the remaining two. The City reserves the right to reimburse the developer for TIF eligible costs as specified in Section 4.10 and Exhibit II. Section 4.09 Findings and Need for Tax Increment Financing Pursuant to Minnesota Statutes, the City makes the following findings in conjunction with the approval of this tax increment financing plan: (1) Tax Increment Financing District No. 2-1 is a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 10. The reasons and supporting facts for this determination will be documented in writing and retained and made available to the public by the City until the district has been terminated. The determination is described in Section 4.04 of this TIF Plan. (2) The proposed development or redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future, and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the TIF District permitted by the TIF Plan; The reasons supporting this fmding are that: (i) Collegeville Development Group has represented to the City in writing that it would not be viable to undertake the proposed development without tax increment financing assistance. Due to the current revenue and expense structure funding would not be available for this project without public assistance; and (ii) A comparative analysis of estimated market values both with and without establishment of the TIF District and the use of tax increments has been performed as described above and is shown in Exhibit V. This analysis indicates that the increase in estimated market value of the proposed development (less the present value of the projected tax increments for the maximum duration permitted by the TIF Plan) exceeds the estimated market value of the site prior to the establishment of the TIF District. City oj St. Joseph, Minnesota 9 - - I Article IV - Tax Increment Financing Plan NORTHLAND SECUR!T[E (3) The Tax Increment Financing Plan fot Tax Increment Financing District No. 2"1 conformS to the general plan for development or redevelopment of the City of St. Joseph as a whole. The reasons for supporting this finding are that: a. Tax Increment Financing District No. 2-1 is properly zoned; and b. The Tax Increment Financing Plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. The TIF Plan has been adopted by the City Planning Commission after review and making the determination that the TIP Plan complies with the City's comprehensive plan. (4) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of 8t. Joseph as a whole, for the development or redevelopment of Municipal Development District No.2, as modified, by private enterprise. The reasons supporting this finding are that: The City finds that the development activities are necessary so that development and redevelopment by private enterprise can occur within the Project Area, including but not limited to, the proposed Collegeville Development Group project. Section 4.10 Estimated Sources of Revenue/PubIic Costs The estimated sources of revenue, along with the estimated public costs of the TIF District, are itemized and attached as Exhibit II. Such costs are eligible for reimbursement from tax increments, and other listed sources of revenue from the TIP District. The Authority reserves the right to administratively adjust the amount of any of the items in Exhibit II or to incorporate additional eligible items, so long as the total estimated public cost (uses) is not increased. The Authority anticipates providing financial assistance to the proposed development through the use of a pay"as-you"go technique. As tax increments are collected from the TIF District in future years, a portion of these taxes will be reimbursed to the developer for TIF eligible costs. The Authority reserves the right to fmance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The Authority also reserves the right to use other sources of revenue legally applicable to the Project Area to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section 4.11 Estimated Amount of Bonded Indebtedness The Authority does not anticipate issuing tax increment bonds to fmance the estimated public costs of the TIF District, but reserves the right to issue such bonds in an amount not to exceed $747,000. City of St. Joseph, Minnesota 10 Article IV - Tax Increment Financing Plan NORTHLAND SECURJTIES Section 4.12 Original Net Tax Capacity Upon or after adoption of the tax increment plan, the County Auditor, upon request of the Authority, shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the Commissioner of Revenue plus any amount determined under M.S. Section 469.177 subd. 4. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. For projection puroposes, this will be based on the Estimated Market Value of all property within the TIF District as of January 2, 2005, for taxes payable in 2006 which is estimated to be $314,300. Upon establishment of the TIF District it is estimated that the original net tax capacity of the TIF District will be approximately $4,717. Reclassification of property will be incorporated into this calculation. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section 4.13 Original Tax Capacity Rate At the time of the initial certification of the original net tax capacity for the tax increment financing district, the County Auditor shall certify the original local tax capacity rate that applies to the TIF District. This is the sum of all the local tax rates that apply to the property in the TlF District. This rate certified is the rate in effect for the same taxes payable year as the certified original net tax capacity. The tax generated by the extension of the lesser of (a) the local taxing district tax rates or (b) the original local tax capacity rate, to the retained captured net tax capacity of the TIF District is the tax increment. The sum of all local tax rates that apply to property in the TIF District, for taxes levied in 2006 and payable in 2007, is 112.593%. The County Auditor shall certify this amount as the original tax capacity rate of the TIF District. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2006 and payable in 2007, is 112.593% as shown below: Taxing Jurisdiction 200612007 Local Tax Rate City of St. Joseph Steams County Independent School District No. 742 Other 49.406% 47.471 % 15.403% 0.313% Total 112.593% City of St. Joseph, Minnesota 11 Article IV - Tax Increment Financing Plan NORTHLAND SECURJTt!: Section 4.14 Projected Retained Captured Net Tax Capacity and Projected Tax Increment Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. The County Auditor shall certify to the Authority the amount of captured net tax capacity each year. The Authority may choose to retain any or all of this amount. It is the Authority's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit III gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit IV, which shows the projected tax increment gellerated over the anticipated life of the TIF District. Section 4.15 Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of fmancial reporting and auditing of tax increment financing infotmation throughout the state. Exhibit IV shows the projected deduction for this purpose over the anticipated life of the TIF District. The Authority has determined that it will use the remaining tax increment generated by the portion of the captured net tax capacity specified above (See Section 4.14) for any of the following purposes: (I) pay for the estimated public costs of the TIF District (see Section 4.10) and County administrative costs associated with the TIP District (see Section 4.20); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision la (see Section 4.17); or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure, or a privately owned facility for conference purposes. City of St. Joseph, Minnesota 12 Article IV - Tax Increment Financing Plan NORTHLAND SECURITIE If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section 4.16 Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the Authority shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge oftax increments thereof; (3) pay amounts into an escrow account dedicated to the payment ofthe tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section 4.17 County Road Costs The County Board may require the Authority to pay all, or a portion of, the cost of county road improvements out of increment revenues, if the following conditions occur: (1) the proposed development will, in the judgment of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs; and (2) the road improvement or other road costs are not scheduled for construction within five years under the county capital improvement plan, or another formally adopted county plan and in the opinion of the county, would not reasonably be expected to be needed within the reasonably foreseeable future if the TIF plan were not implemented. If the county elects to use tax increments to finance the road improvements, the county must notify the Authority and municipality within 45 days after receipt of the proposed TIF plan under subdivision 2 and the county and municipality must comply with the terms in M.S. Section 469 .175, subd. 2(b). Section 4.18 Four-Year Rule - Limitation on Property Not Subject to Improvements If after four years from certification of the TIF District no demolition, rehabilitation, renovation or site improvement, including a qualified improvement of an adjacent street, has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The Authority must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. City of St. Joseph, Minnesota 13 Article IV - Tax Increment Financing Plan N()R:fHLAND $ECURIT!E If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shaH certify the net taX: capacity of the parcel, as most recently certified by the Commissioner of Revenue., and add such amount to the original net tax capacity of the TIF District. Section 4.19 Five-Year Rule - Tax Increment ~ooling 100% of the tax increments (net of administrative expenses) from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section 4.04 for additional restrictions). All administrative expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district; or (5) in the case of a housing district, used for a housing project, as defined in section 469.174, subdivision 11. Beginning with the sixth year following certification of the TIF District, at 100% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The Authority may also elect to increase by up to ten percentage points the permitted amount of expenditures for activities located outside of the geographic area of the district. As permitted by M.S. Section 469.176, subdivision 4k, the expenditures, including the prior permitted expenditures, need not be made within the geographic area of the project ifthe expenditures: (1) are used exclusively to assist housing that meets the requirement for a qualified low- income building, as that term is used in Section 42 ofthe Internal Revenue Code; (2) do not exceed the qualified basis of the housing, as defined under Section 42 (c) of the Internal Revenue Code, less the amount of any credit allowed under Section 42 of the Internal Revenue Code; and City ofSt. Joseph, Minnesota 14 Article IV - Tax Increment Financing Plan NORTHLAND SEe U R] T! E (3) be used to: a) acquire and prepare the site of the housing; b) acquire, construct, or rehabilitate the housing; or c) make public improvements directly related to the housing. Section 4.20 Limitation on Administrative Expenses Administrative expenses are defined as all costs of the Authority other than: (I) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the proposed development within the TIF District; (3) relocation benefits paid to, or services provided for, persons or businesses residing or located within the TIF District; or (4) amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of ( a) 10% of the total estimated tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments from the district. Section 4.21 Estimated Impact on Other Taxing Jurisdictions Exhibit V shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The Authority believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The City of 8t. Joseph anticipates minimal impact of the Collegeville Development Group TIF District No. 2-1 on city-provided services. There will be no borrowing costs to the City for the project. A slight increase in water and sewer usage is expected and has been accommodated by continual monitoring and correction of inflow and infiltration issues. It is anticipated that there may be a slight but manageable increase in police and fire protection duties due to the development. Section 4.22 Prior Planned Improvements The Authority shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. City of St. Joseph, Minnesota 15 . Article1V ~ Tax Increment Financing Plan NORTHLAND SECURITIE There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TlF District. Sectio11 4.23 Development Agreements No more than 10%, by acreage, of the property to be acquired within a project containing a housing district may be purchased by the City with the proceeds of bonds issued pursuant to M.S. 469.178 to which tax increment from the property being acquired is pledged unless prior to acquisition. the City has entered into an agreement for development which provides recourse for the property should the development or redevelopment not be completed. The City intends to enter into an agreement for development. Section 4.24 Assessment Agreements The Authority may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City does not intend to enter into an assessment agreement. Section 4.25 Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Project Area or the TIF District; increase in the amount of bonded indebtedness to be incurred; increase in the amount of capitalized interest; increase in that portion of the captured net tax capacity to be retained by the Authority; increase in the total estimated public costs; or designation of additional property to be acquired by the Authority shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the Authority agrees that the TIF District's original net tax capacity will be reduced by no more than the' current net tax capacity of the parcels eliminated. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. City of St. Joseph, Minnesota 16 Article IV - Tax Increment Financing Plan NORTHLAND SEe U RIT [E Section 4.26 Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the Authority shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The Authority shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate ofthe TIF District. To assist the County Auditor in this process, the Authority shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The Authority shall also send the County Assessor any assessment agreement establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the Authority the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the Authority shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; c) if laws goveming the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the Authority of all changes made to the original net tax capacity of the TIF District. City of St. Joseph, Minnesota 17 -1- Article IV - Tax Increment Financing Plan NORTHLAND SE CUR I TIE Section 4.27 Financial Reporting and Disclosure Requirements The State Auditor shall enforce the provisions of the TIF Act and shall have full responsibility for financial and compliance auditing ofthe Authority's use oftax increment financing. On or before August 1 of each year, the Authority must annually submit to the State Auditor, County Auditor and to the governing body of the municipality a report which shall: (1) provide full disclosure of the sources and uses of public funds in the TIF District; (2) permit comparison and reconciliation of the accounts and financial reports; (3) permit auditing of the funds expended on behalf of the TIF District; and . (4) be consistent with generally accepted accounting principles. The report shall include, among other items, the following information: (1) the original net tax capacity of the district and any subdistrict under 469.177, subdivision 1; (2) the net tax capacity for the reporting period of the district and any subdistrict; (3) the captured net tax capacity of the district; (4) any fiscal disparity deduction from the captured net tax capacity under section 469.177, subdivision 3; (5) the captured net tax capacity retained for tax increment financing under 469.177, subdivision 2, paragraph (a), clause (1); (6) any captured net tax capacity distributed among affected taxing districts under 469.177, subdivision 2, paragraph (a), clause (2); (7) the type of district; (8) the date the municipality approved the tax increment financing plan and the date of approval of any modification of the tax increment financing plan, the approval of which requires notice, discussion, a public hearing, and fmdings under subdivision 4, paragraph (a); (9) the date the Authority first requested certification of the original net tax capacity of the district and the date of request for certification regarding any parcel added to the district; (10) the date the county auditor first certified the original net tax capacity of the district and the date of certification of the original net tax capacity of any parcel added to the district; (11) the month and year in which the Authority has received or anticipates it will receive the first increment from the district; (12) the date the district must be decertified; (13) for the reporting period and prior years of the district, the actual amount received from, at .least, the following categories: City oj St. Joseph, Minnesota 18 Article IV - Tax Increment Financing Plan NORTHLAND SECUR1TIE a) tax increments paid by the captured net tax capacity retained for tax increment financing under section 469.177, subdivision 2, paragraph (a), clause (1), but excluding any excess taxes; b) tax increments that are interest or other investment eammgs on or from tax increments; c) tax increments that are proceeds from the sale or lease of property, tangible or intangible, purchased by the Authority with tax increments; d) tax increments that are repayments of loans or other advances made by the Authority with tax increments; e) bond or loan proceeds; f) special assessments; g) grants; h) transfers from funds not exclusively associated with the district; and i) the market value homestead credit paid to the Authority under M.S. Section 273.1384; (14) for the reporting period and for the prior years of the district, the amount budgeted under the tax increment fmancing plan, and the actual amount expended for, at least, the following categories: a) acquisition of land and buildings through condemnation or purchase; b) site improvements or preparation costs; c) installation of public utilities, parking facilities, streets, roads, sidewalks, or other similar public improvements; d) administrative costs, including the allocated cost of the Authority; and e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and f) transfers to funds not exclusively associated with the district; (15) the amount of any payments for activities and improvements located outside of the district that are paid for or financed with tax increments; (16) the amount of payments of principal and interest that are made during the reporting period on any non-defeased: a) general obligation tax increment financing bonds; b) other tax increment financing bonds; and c) notes and pay-as-you-go contracts; City of St. Joseph, Minnesota 19 Article IV - Tax lncrement Financing Plan NORTHU\,ND SECU RITIL (17) the principal amount, at the end ofthe reporting period, of any non-defeased: a) general obligation tax increment financing bonds; b) other tax increment financing bonds; and c) notes and pay~as-you-go contracts; (18) the amount of principal and interest payments that are due for the current calendar year on any non-defeased: a) general obligation tax increment fmancing bonds; b) other tax increment financing bonds; and c) notes and pay-as'"'you-go contracts; (19) if the fiscal disparities contribution under chapter 276A or 473F for the district is computed under section 469.177, subdivision 3, paragraph (a). the amount of increased property taxes imposed on other properties in the municipality that approved the tax increment financing plan as a result of the fiscal disparities contribution; (20) the estimate, if any, contained in the tax increment fmancing plan of the amount of the cost of the project, including administrative expenses, that will be paid or financed with tax increment; (21) any additional information the state auditor may require. The Authority must also annually publish in a newspaper of general circulation in the City an annual statement for each tax increment fmancing district showing: (1) the original net tax capacity of the district and any subdistrict under 469.177, subdivision 1; (2) the net tax capacity for the reporting period of the district and any subdistrict; (3) the captured net tax capacity of the district; (4) the month and year in which the Authority has received or anticipates it will receive the first increment from the district; (5) the date the district must be decertified; (6) the amount of principal and interest payments that are due for the current calendar year on any non-defeased obligations; (7) if the fiscal disparities contribution under chapter 276A or 473F for the district is computed under section 469.177, subdivision 3, paragraph (a). the amount of increased property taxes imposed on other properties in the municipality that approved the tax increment financing plan as a result of the fiscal disparities contribution; (8) the amounts of tax increment received and expended in the reporting period; (9) and any additional information the Authority deems necessary. City of St. Joseph, Minnesota 20 Article IV - Taxlncrement Financing Plan NORTHLAND SECURITIES The annual statement must inform readers that additional information regarding each district may be obtained from the Authority, and must explain how the additional information may be requested. The Authority must publish the annual statement for a year no later than August 15 of the next year. The Authority must identify the newspaper of general circulation in the municipality to which the annual statement has been or will be submitted for publication and provide a copy of the annual statement to the county board, county auditor, the school board, the state auditor, and the governing body of the municipality on or before August 1 of the year in which the statement must be published. The reporting and disclosure requirements outlined in this section shall begin with the year the district was certified, and shall end in the year in which both the district has been decertified and all tax increments have been spent or returned to the county for redistribution. Failure to meet these requirements, as determined by the State Auditors Office, may result in suspension of distribution of tax increment. Section 4.28 Business Subsidy Compliance The City, or other local government agency, must comply with the business subsidies law when providing business subsidies to private entities. The requirements are specified in Minnesota Statutes, Sections 1161.993 to 116J.995. The City must adopt business subsidy criteria prior to granting a business subsidy. The requirements include: (1) the grantor must adopt the criteria following a public hearing; (2) the criteria may not be adopted on a case-by-case basis; (3) the criteria must set specific minimum requirements that recipients must meet in order to be eligible to receive business subsidies; (4) the criteria must include a specific wage floor for the wages to be paid for the jobs created. The wage floor may be stated as a specific dollar amount or a formula that will generate a specific dollar amount (5) a grantor may deviate from its criteria by documenting in writing the reason for deviation and attaching a copy of the document to its next annual report to the Department of Trade and Economic Development; (6) a copy of the criteria must be submitted to the Department of Trade and Economic Development. In addition, the City must enter into a subsidy agreement with the recipient of the subsidy. For subsidies greater than $100,000 the grantor must provide public notice and a hearing on the subsidy. The subsidy agreement must include: (1) a description of the subsidy, including the amount and type of subsidy, and type of district if the subsidy is tax increment fmancing; (2) a statement of the public purpose for the subsidy; (3) measurable, specific, and tangible goals for the subsidy; (4) a description of the financial obligation of the recipient if the goals are not met; (5) a statement of why the subsidy is needed; City of St. Joseph, Minnesota 21 Article IV - Tax Increment Financing Plan NORTHL.AND SECURJTrE5 (6) a commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date; (7) the name and address of the parent corporation of the recipient, if any; and (8) a list of aU fmancial assistance by all grantors for the project. The statute provides specific requirements in the event the subsidy agreement goals are not met by the recipient. Recipients are required to report to the grantor specific information as defined in statute. The grantor is also required, as specified in the statute, to report specific information annually to the Department of Trade and Economic Development. The City of St. Joseph intends to comply with the. requiremel1tsof Minnesota Statutes 116J .993 to 116J.995. City of St. Joseph, Minnesota 22 EXHIBIT I - Development District No.2 TIF Distrim N'(). 2-1 (:Redevelopment) EXHIBIT IA - Tax Increment Financing District TIF (Redevelopment) District No. 2-1 \ .r-:-I \.. .. ~.................. \ f-1~ EXHIBIT IB - Property Description The following parcel identification number(s) (PID#'s) and corresponding legal description(s), along with adjacent rights-of-way, will be included in the TIF District: Parcel 10 Number/Leqal Description 1- EXHIBIT IT - Sources & Uses Statement NORTHLAND SECURITIE Sources of Funds Tax increment revenue 1,598,000 Interest on invested funds 0 Bond proceeds 0 Loan Proceeds 0 Real estate sales 0 Special assessments 0 Rent/lease revenue 0 Grants 0 Developer Equity 0 Transfers in 0 Total Sources of Funds . 1,598,000 ; Uses of Funds Land/building acquisition 0 Site improvements/preparation costs 467,000 . Installation of public utilities 15,000 Parking facilities 0 Streets and sidewalks 0 Public park facilities 0 Social, recreational, conference facilities 0 Interest reduction -payments 0 Bond principal payments 0 Bond interest payments 0 Loan principal payments 0 Loan/note interest payments 845,000. Administrative expenses 160,000 Capitalized Interest 105,000 Other (OSA) 6,000 Transfers out 0 Total Uses of Funds 1,598,000 Northland Securities, Inc. - 4/30/2007 at 10:02 AM TIF 031 007print.xlsSource&Use ........;;;.0;("...... .:iJ "::t:: .;; "-l " .. '-l Z -< ::: = '" z. ~ Q - ~ -= ~ ~ u ..... = ~ a ~ .. c:J ~ Jlo'l ~ E-l "Cl ~ ..... c:J ~ Q .. ~ ~ E-l ~ ~ -a ., ~::l ~ 5 Z ;> ~ -a ;,; 2 '" '.;:l ~:a ~ ebSl ~ :- 0 00 o . ~o ., "]'Rf~ ",. r:; 0 III oa 0 ~......'O>o .....p:::- -d CI,)'#. 0-..0 <"'l o Ui QJ '" 1d ~Cii~ ~ ~ @~ o d -0"0 ~ .g '~ @~ 0015 ~ ~ ~ El r,:;;,\ r- o~oo:t: U r- "'" ~ ~ -..0 U @~ 0\ "'" "$ ...., 1<l E <"'l "'.... 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I'- o o ~ C'? o LL f= o '" - N C\" '" - - '" r- on" N '<t ~ '<to m C\ on 00" - N C\ C>O \0 '" r- ~ o '" - - o <-- ~ r- oo <--" C\ If"], - ::2: <t: N o o ~ Cii I'- o o N o C'? ~ r3 oS en Q) :;:; ";:: ::l U Q) (/) "C C ltl :c 1:: o Z EXHIBIT V - PrQjected Tax Impact/Matket Value AnalySis NORTH LANIJ.SECU R \'1'\ \i,~ Estimated Impact on Other Taxing Jurisdictions Total Taxable NTC 2006/07 Projected Retained NTC Hypothetical New NTC Existing Local Tax Rate 2006/07 Hypothetical Adj. Local Tax Rate Difference Hypothetical Taxes on Retained NTC City of 5 tearns 1.S.D. #742 51. Joseph County 51. Cloud Other 3,050,488 117,385,560 72,574,328 NA 69,635 69,635 69,635 69,635 3,120,123 117,455,195 72,643,963 NA 49A06% 47.471% 15.403% 0.313% 48.303% 47.443% 15.388% 0.313% 1.103% 0.028% 0.015% NA 33,636 33,037 10,716 NA Total 193,010,376 112.593% 111.447% 1.146% Statement 1: Ifthe projected Retained Captured Net Tax Capacity ofthe TIF District was hypothetically available to each of the taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above) which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax rate would decrease by 1.146% (see Hypothetical Adj. Local Tax Rate above). The hypothetica tax that the Retained Captured Net Tax Capacity of the TIF District would generate is also shown above. Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is notavailable to the taxing jurisdictims, then there is no impact on taxes levied or local tax rates. (I) Taxable net tax capacity = total net tax capacity. captured TlF. (2) The impact on these taxing jurisdictions is nEgligible since they represent only 028% of the total tax rate. Annual Present Gross Tax Value@ Year Increment 7.50% 1 2009 26,001 21,964 2 2010 26,471 20,801 3 2011 52,052 38,048 4 2012 52,992 36,033 5 2013 53,949 34,124 6 2014 54,923 32,317 7 2015 55,914 30,604 8 2016 56,921 28,982 9 2017 57,947 27,446 10 2018 58,991 25,991 II 2019 60,053 24,613 12 2020 61,133 23,308 13 2021 62,232 22,071 14 2022 63,350 20,900 IS 2023 64,489 19,792 16 2024 65,647 18,741 17 2025 66,826 17,747 18 2026 68,024 16,805 19 2027 69,245 15,913 20 2028 70,485 15,068 21 2029 71,749 14,268 22 2030 73,035 13,510 23 2031 74,342 12,793 24 2032 75,673 12,113 25 2033 77,026 11,470 26 2034 78,404 10,860 27 2035 0 0 28 2036 0 0 1,597,874 566,282 Northland Securities, Inc. .4/30/2007 at 10:02 AM Market Value Analysis Present Value Date Present Value Rate (Gross TIF) 06/01107 7.50% Increase in EMY With TIF District Less: P.V of Gross Tax Increment $4,844,436 566,282 Subtotal Less: Increase in EMY Without TIF $4,278,154 o Difference $4,278,154 TIF 031007pririt.xls - MVA-Impact ~~ err.... OF ST. JO$lWfI Council Agenda Item IJJ MEETING DATE: May 3, 2007 AGENDA ITEM: Alley Vacation Request SUBMITTED BY: Collegeville Development Group BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission has recommended approval of the site Plan for the Millstream Shops and Lofts. For this project to be complete the alley must be vacated. PREVIOUS COUNCIL ACTION: During the joint session of the Planning Commission and City Council the concept plan for the Millstream Shops and Lofts included the vacation of the north/south alley south ofthe east/west alley. The concept plan was approved by both bodies. See background information for additional details of prior action. BACKGROUND INFORMATION: The Council considered a request by Krebsbach's in 1989 to vacate the same alley. The request to vacate was initiated for a potential development. The Council at that time conducted the public hearing and approved the vacation with contingencies. One of the contingencies included final construction plans by a specific date. For your convenience I have attached documentation from that process. Minnesota Statute 412.851 provides the authority to vacate streets/alleys. In determining whether or not to vacate a street/alley the City must determine that the vacation is in the best interest ofthe residents of the City of St. Joseph. BUDGETIFISCAL IMPACT: ATTACHMENTS: 1) Hearing Notice; 2) Resolution 2007-019 REQUESTED COUNCIL ACTION: Authorize execution of Resolution 2007-019 Vacating the north/south alley south of the east/west alley between Minnesota Street East and Ash Street East. RESOLUTION 2007-019 VACATING A PORTION OF THE NORTH/SOUTH ALLEY BETWEEN MINNESOTA STREET EAST AND ASH STREET WEST WHEREAS, all of the owners abutting on that part of the north/south south of the east/west alley between Minnesota Street East and Ash Street East have requested the City Council in a petition dated March 20, 2007 to vacate such street according to law: AND WHEREAS, a public hearing was held on May 3, 2007 before the City Council in the City Hall on such petition after duly published and posted notice has been given as well as a personal notice to all affected property owners by the Administrator and all persons interested were given an opportunity to be heard; AND WHEREAS, any person, corporation, or city owning or controlling easements contained upon the property vacated, reserves the right to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; AND WHEREAS, it appears that it will be in the best interest of the City to approve such petition; NOW, THEREFORE, BE IT RESOLVED, that such petition is hereby granted and the portion of alley described as follows is hereby vacated: That portion of the north/south alley lying south of the east/west alley between Minnesota Street East and Ash Street East. Adopted by the Council this _ day of ,2007 Richard Carlbom, Mayor ATTEST Judy Weyrens, Administrator -1- CITY OF ST. JOSEPH www.cityofstjoseph.com City of St. Joseph Public Hearing Administrdtor ludy Weyrens The St. Joseph City Council shall conduct a public hearing on Thursday, May 3, 2007 at 7:00 PM at the St. Joseph City Hall. The purpose of the hearing is hear all persons present upon the proposed vacation of the North/South Alley between Lots 12 and 13, Block 10, Townsite of St. Joseph. MdYor I\ichdrd Cctrlbom All persons wishing to be heard will be heard with oral testimony limited to 5 minutes. Written testimony may be submitted to the City Administrator, City of St. Joseph, PO Box 668, St. Joseph, MN 56374. Judy Weyrens Administrator/Clerk Publish: April 13, 2007 ~l Proposed Alley to be vacated 2.) College Avenue North' PO Box 668 . Sdint. joseph, Minnesotd )6174 Phone ")2.0 ")6).72.01 FdX ')2.0.)6).0)42. PETITION FOR VACATION OF. ALLEY In St. Joseph, Minnesota this 20th day of March, 2007. To the City Council of St. Joseph, Minnesota: The alley proposed for vacation lies between: Lot 12 and Lot 13 of Block 10 , Orioinal Town of Saint Joseph ( as shown on the attached Certificate of Survey dated June 16. 2005 We the undersigned, own property abutting the alley proposed for vacation and are in favor of said vacation: Property Owner CollegevilleDevelopment Group LLc Address 1015 W St Germain St Cloud MN 56301 Signature ~~~l OFf J c.4<.... This document has be examined and found to be signed by the required numbers of owners of property affected by the vacation petitionedfor: Judy Weyrens, Clerk/Administrator Date RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ST. JOSEPH A petition executed by Mary Ann Krebsbach, Raymond Krebsbach, James Krebsbach, Louis Krebsbach and Robert Kr~bsbach requesting the vacation of a cer~ain public alley located between Lot 12 and Lot 13 of Block 10 Df the Original Townsite of the City of St. Joseph came on for public hearing on the 1st day of June, 1989. Based upon the information presented at this public hearing and other general information, the City Council for the City of St. Joseph HEREBY RESOLVES: The petition for alley is hereby granted following events before the vacation of the above-referenced contingent upon the occurrence of the January 1, 1990: 1) The petitioners submit to the City Council, for final approval, final plans for the proposed development which wil I include the vacated alley property, along with evidence of approval of financing for the development, executed construction contracts, and construction schedule with estimated completion date. The proposed development must be consistent with the proposal presented to the Council at the public hearing. Any substantive change in the plans as proposed shall be approved by the City Council, or shal I render the vacation null and void. 2) Before January 1, 1990, the petitioners shall execute an agreement indemnifying the City for any claims, inclUding cleanup costs, arising because of pollutants or contaminants upon or under the area subject to the vacation. 3) The petitioners reimburse the City for legal fees, engineering expenses and other out-of-pocket costs incurred with the consideration and granting of the vacation. . Upon compliance with these contingencies, the Mayor and City Clerk/Administrator are hereby authorized to execute any documentation necessary to evidence the vacation. This petition is contingently granted on the basis of the finding of the Council that the vacation would be in the interest of the public due to the fact that the proposed development by the property owner would create jobs, provide commercial services to the community, increase the commercial tax base, and improve the general appearance oftha City, and further, in consideration of the absence of any public need for maintaining the alley. This Resolution was adopted this 15th day of June, 1989. Ayes: Loso, Reber, Sadlo, Rieke. Nayes: Dehler. Motion carried. ~~- ~ ~"'?- _/~ ). tv,.. TV' .1 j$>: r/ :;;; ,~_ Ii .i/!J!.AJ -$,,')/,-,) /' -, -' .' --I . '/---- ,-' ~'~'"Y.''' / . ,-I' ....k" -- t ~1""?'0":" -- V -- ,-. "-' - I PETITION FOR VACATION OF ALLEY ST. JOSEPH, MINNESOTA __~~~L~_~_~______, 19j?J[. To the City Council of St. Joseph, Minnesota: We, the undersigned, all owners of the property abutting upon the north - south alley of the south half of Block Ten (10) Original Townsite of St. Joseph, which extends from Minnesota Street, to the east - west alley of Block Ten, hereby petition that such alley be vacated pursuant to Minnesota Statutes. The alley proposed for vacation lies between College Avenue and First Avenue Northeast. Description Name of Signature of Property Owner of Owner i:.e."C=.P.L;;"jfJd;.=.QLQ___f!lML861.Mk.j:f~B.S.~~.JiLJZ~&LL</~ // ,/ -/--.~ ' ----------~------------------___r-- ---~- V !:Er=_OJ3_fj_tK=-_~tP___.fM~:'-JSD~5.(uf_0:l.___4~4 _~ i z:.~_} _ ____________________~~~~_!(g~A2~~dL_~ ----------- _________________~A~_Kl&jd&.1Lqc~?/];~M~~~ ____________________~A~_~r_~E~~4~_H____~2:~~ Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the vacation petitioned for. ~iY______ City Clerk I I . I I !m :p i(f) -I 5: I~ rT1 ,(f) 10 -I l> (f) b -I C1l :;TJ 0 fTl 0 JT1 -I o .l\ o (1) o I I I I ___~ 20 L <0 C tlO ~ "0 I r ~ I - - - - __ _... __ - __.w _ _ __. _ _ _ _ _ _ _ ~ ~ I -< ~ ('\ ~ i N \l'o .. 0<> \\\ '\" "\ ~ /Q ~ ~ ~~< ~ . f~4>ve:.sr ALLEY VA-u4--r:x;o,U - _._-~ "bk_ I ~ . ~ ~I~ ~I ~~ ~.~ : ~~ j .... r. q ~ Il-t . --~~~-~-----~------ I I I :r~ o ~ c ~ ~ 1" J>~ (J) o o C' 83.00 (Jl <:0 VI Vl ----- &. . .._- \E--- rST AVENUE - =l '_J - 2'::' -- I C1l C1l o o )\1'> -<Ie I: 204. r-- , I I ~6;-- - -- ~ r f r I IT' -< ~"^ NORT '" - ...... '. .. .tQ............i......................R..........EBssacH G.i............i._ ........c.......IL CD. .' .'~: .;.,.( Box 610 (612l363-7222 St. Joseph, ~innesota 56374 December 15, 1989 To: Members of st. Joseph City Council and City Clerk Administrator From: Jim and Bob Krebsbach Krebsbach Oil Company Subj: Alley Vacation We are writing to you in regards to your contingent approval, given at the June 15, 1989 City Council Meeting, for vacation of the south half of the north- south alley of Block 10, Original Townsite of st. Joseph. The approval for vacation was contingent upon three items: 1) The proposed development would need to be completed in.a timely manner, 2) Final plans for the proposed development, including approval of financing, executed construction contracts, and construction schedule with estimated completion dates must be submitted and approved by the City Council prior to Januar~ 1, 1990, andr' 3) Krebsbach Oil reimburses the city for expenses incurred by the city for vacation of alley. The second contingency, relating to final plans being approved by the city council prior to January 1, 1990, is the reason we are writing this letter. Due to unforseen difficulties, as I will attempt to explain below, we are currently not in a position to submit to you final plans for our proposed development for your approval prior to January 1, 1990. Therefore, we are requesting the City Council to consider extending this deadline for one year to January 1, 1991. The unforseen difficulty we encountered was the identification and subsequent clean-up of contaminated soil on the old Krebsbach Chevrolet property. After receiving contingent approval from the City Council on June 15 we contracted with an Environmental Engineering firm (Twin City Testing) to perform a site assessment of the old Krebsbach Chevrolet property for contaminated soil. They completed their assessment at the end of the July~'at which time they had identified 3 individual pockets of contaminated soils on the property. We then immediately contacted the Minnesota Pollution Control Agency (MPCA) and began working with them and Twin City Testing on a clean-up plan. At the beginning of October we demolished the old Chevrolet Garage building. Shortly after the demolition we excavated the contaminated soils and in mid-November the contaminated soils were hauled to an MPCA approved asphalt burning plant for treatment. We are currently waiting for the final report from Twin City Testing which basically addresses how well we cleaned up the site. This report, which is scheduled to be completed by the end of December 1989, will then be sent to the MPCA for final approval. The MPCA will then issue a "Clean Bill of Health'l for the site if everything looks good. Without this it would be practically impossible for us to obtain financing for any type of proposed development. . I .,11: . Although we have not received the written report from Twin City Testing we were given verbal assurance at the beginning of Oecember that the test results of samples taken during excavation showed that we excavated all the hydrocarbon (gasoline, fuel oil and motor oil) contaminated soils on the site. Based on this verbal assurance we have contracted with a construction management company who has just started to help us with proposed site layouts, feasibility studies and financing alternatives of any type of proposed development. HOwever, as ynu can see, because of the contaminated soils found on the site, it has delayed us by at least six months in our efforts to develop the property. We believe we have followed a logical process in addressing the issues at hand and promise to continue to work towards development of the property in a timely fashion. Based on the above, we ask the city Council to extend the "deadline for submitting final plans for our development for your approval to January 1, 1991, therefore satisfying this contingency in regards to the vacation of the alley in question. Thank you for your consideration in this matter. Sincerely, ~ WT~ rebsbach Oil Company Robert T. Krebsbach Krebsbach Oil Company Council Agenda Item 1 em' OF 81'. JO$EIJI'l MEETING DATE: May 3, 2007 AGENDA ITEM: Millstream Shop and Lofts - Collegeville Development Group PreliminaryIFinal Plat Millstream SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission recommended the Council approve the Preliminary Plat and Final Plat entitled Millstream. PREVIOUS COUNCIL ACTION: The City Council previously meet in joint session with the St. Joseph Planning Commission to review the concept plan for the project now known as Millstream Shop and Lofts. The project consists of a mixed density development combining housing and commercial. BACKGROUND INFORMATION: Included in your packet is the information provided to the Planning Commission for consideration. The staff had reviewed the plans and many changes were made from the original concept. The biggest change is the moving of the parking from north ofthe East/West alley to the south. It was determined during the planning process that the north/south alley north of the east/west is not centered on the right-of-way (ROW). If CDG would construct the parking lot as was proposed, the parking lot would have been located in the alley ROW. Staff looked at the implications of moving the alley and improving the same. However, if the alley is moved to the ROW the impacts to the property owner in the southeast corner could be considered significant. Approximately thirty trees would have to be moved and one power line. The placement of the alley would come very close to the existing residence. The abutting property owners would share the cost of the improvement equally. The City policy dictates that alley improvements are paid 100% by the property owners. As an alternative the parking area was moved with the same number of parking spaces provided. The new parking area also provided better traffic and pedestrian circulation. The staff recommended the Council add the alley improvement to the Capital Improvement Plan with the alley being improved at a later time when the neighborhood converts to commercial. The developers agreement between the City and CDG includes a provision whereby they waive their rights to contest the improvement process for the future improvement. Most of the discussion at the Planning Commission focused around the parking and how much parking should be required. The Planning Commission memo details the parking. The recommendation of the Planning Commission was to accept the site plan with the following additions: 8 additional parking spaces will be added by removing a portion of the green space and improvement of the north/south alley. BUDGET/FISCAL IMPACT: ATTACHMENTS: I) Hearing notice; 2) Site Plan REQUESTED COUNCIL ACTION: Approval the Preliminary and Final Plat entitled Millstream and authorize execution ofthe Development Agreement between the City of St. Joseph and Collegeville Development Group. OJ N o~~ ~~ ~ It III =i m " !; Z \ _..J -a"(\O? -a\l~-a" ' I~ ~~ ~ lLI11J SOCr3tr04"w 110.00 GRAVeL.. AL..L..ey ~ z Z III \l'o ~ )> \l'o -l 1'0 III 01 -l . . f . . . t . . . . . . . . .., I . . . . . . . . . . . . . . . l>. . .' . ' . ' . . . ' .' . . , '. . . . , . . '. .~ . . . . . . . r...._._.._"'~....... . . ~ : : : : : : : : : : : : : : i: : : : : : : : : : : : :i-:;-~;-~~ . . . 4.' . .!, . . . . . .:' , .8 " ,....,. I ' , . . . . . . . . Q II..... ' . . . . . I . f . ' . 'j . . 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"' om x' ~I""I ~ ~m r 001""1 " ~~ 3 a~ .s ~f 5' I if ~ :..~ f J.g - ?'~ ;l. , o . o ~ a " ~ J; :a ~ o . . " ~ " ~' ~ ~: [ o n n o a ~o t ~ ~ n ~ ~ ,. . " ~ o , 0. . ~ ~ if o ~ ~ o , 0. 0' ~ !' [ ~ I '" .- o , 0. Sl, ~ o a l- f 5' ~ . ~ a 3 ~ ~ ,. . g ~ ~ l 5' o , 0. Sl, ,. . o 0- . ,&' i ,. [ g The Millstream landscaping plan utilizes evergreen shrubs along the north side of the building to accent the entry areas. Taller evergreen shrubs are used to screen the adjacent building wall and rear parking area. Locust trees provide filtered shade at the front of the building and at the west end plaza. Taller Ash trees provide shade adjacent to the north parking lot. Lawn areas will receive sod, with crushed rock beds around the evergreen shrubs. APPLICATION FOR PLANNING CONSIDERATION CITY OF ST. JOSEPH 25 College Avenue NW PO Box 668 St. Joseph MN 56374 (320) 363-7201 or Fax (320) 363-0342 Fee $ Paid Receipt# Date STATE OF MINNESOTA) )ss COUNTY OF STEARNS) NAME: COLLEGEVILLE DEVELOPMENT GROUP, LLC PHONE: (320) 654-0762 ADDRESS: 1015 WEST ST. GERMAIN STREET. SUITE 340. ST. CLOUD MN 56301 I/We, the undersigned hereby make the following application to the City Council and Planning Commission of the City ofSt. Joseph, Stearns County, Minnesota. (Applicants have the responsibility of checking all applicable ordinances pertaining to their application and complying with all ordinance requirements): I. Application is hereby made for: (Applicant must check any/all appropriate items) _Rezoning Zoning Ordinance Amendment Home Occupation Unit Surface Water Management Plan (Grading Permit) X PUD Building Mover's Permit Building Moving-Owner's Permit _Development Plan Approval ~ Other, please specify: Variance from the 10 foot front yard setback requirement; Preliminary and Final Plat Approval to combine lots; and Alley Vacation 2. Legal description of land to be affected by application, including acreage or square footage of land involved, and street address, ifany (attach additional sheet if necessary): See attached proposed preliminary and final plats and related applications. 3. Present zoning of the above described property is: B-1 Central Business District 4. Proposed zoning - Please describe the zoning reclassification you are requesting and a statement/narrative as to why your request should be granted. We are requesting that Property be designated as a PUD within an existing B-1 Zone; it is our understanding that this is not a description for a new zoning classification. A narrative description of why the PUD request should be granted is attached. 5. Comprehensive Plan - Is the proposed rezoning consistent with the future land use map in the Comprehensive Plan? Yes. 6. Name and address of the present owner of the above described land: See Title Insurance Policy and Commitment. Part of the Property is owned by Collegeville Development Group, LLC and the other part is owned by Dan and Margaret F:\Shared. Mill Sream Lofts & Shops\City Applications and related matters\PUD\APPLICATION for PUD.doc Kipley, but subject to a Purchase Agreement pursuant to which Col1egeville Development Group, LLC has the right to purchase. 7. Persons, firms, corporations or other than applicant and present owner who mayor will be interested in the above described land or proposed improvements within one year after issuance of permit applied for, if granted, are: The proposed development is a Common Interest Community Condominium project. Individual units will be owned by buyers some of which a~e known and some unknown. Current known buyers include Dan and Margaret Kipley and the College ofSt Benedict. In addition, the Applicant may form a whole owned subsidiary to own its interest in the development. 8. Attached to this application and made a part thereof are other material submission data requirements, as indicated. See attached List of Exhibits. ApplkmL Sig,"m"~ < , Ow,,, Sig,,,'"re, -J- ~. . ~ ~~M~ ~~ c;,IOV~,.v N \. C/..I.lf C\I ~~O~ o~CCIt. Date: March 21, 2007 Date: March 21, 2007 FOR OFFICE USE ONLY DA TE APPLICATION SUBMITTED: DATE APPLICATION COMPLETE: Planning Commission Action: Recommend Approval Recommend Disapproval Date of Action Date Applicant/Property Owner notified of Planning Commission Action: City Council Action: _ Approved _ Disapproved Date Applicant/Property Owner notified of City Council Action: Date of Action F:\Shared - Mill Sream Lotts & Shops\City Applications and related matters\PUD\APPLICATION for PUD.doc LIST OF EXHIBITS TO pun APPLICATION 1. Proposed Preliminary Plat 2. Proposed Final Plat 3. Narrative Description ofPUD addressing: a. Proposed Mixed Uses in a CBD Zone b. Justification for Approving the PUD Request c. Justification for Variance from FrontYard Set Back Requirement 4. Petition for Vacation of Alley 5. Evidence of Site Control: Title Insurance Policy and Title Commitment 6. Site Plan, Floor Plans and Elevations I ; :~J' j J Ii & f j : '~i: I ! ! ! ! p f; ~ I .!~ l ~ A , , ! !If ! J I r I Ii:' f , · · '. , I~I ., I ~ f.: E ~ l i j If In · J If' A li & 't:! II l 0 [: ~ I . . .! U f';;: 1 J · 5)1 I . I I , hI . H I' J ...1' I ' · 'HI &&3 ~ I! f I~f I 1 : : i i' 'f 'j! I ~ I . &IJ B ~ 1 1 ~ fil ;1 : I J I " 'I 1 1 H~ ,1 I , .: & 1 !! .," 11 I i I I i Ii; ~ j r r i flJ il" I & t.r ~ t I' .5 f 01 1 t ' 110j J I ,~ :I,' f''w 1 1 I r .l. 1 I t I.: P i f : :~!J i : ~ ~ l:n :!; I f & f II;.; 'f f r ~:. 1iJ! I · . h1r, f. 1 mill ! Iff .;;1' . I t I :!~ · f f I, Ii 51'11'1 I I : . ~ it:; !J~ i !. ". ',i. ~ ::. f fIt i', f ~: f~ W~ IiI f ~! ~f~t i f ~ II ,5 I J - i ' 'lb I & ~ H'I J - J t I'I ll~i . I ~ }1 ft, It!, r' J I I ''If'~ illtl II t t J If , oJ , ; ; ::. f', ~II' 0 #1 . I - '1=1 ~ '" '" 11 1j 1I~ n ! ~ " J! ~ H I~d ~ i i inl~ ~I~ ; t ') ,~:.! I~i" 1 . . ~!tl~ aial i } 1,1 I; ~ i! : ~f~~ r it II II ~m~ i!~J i I J ; fJ !J~! Ii ~ hd ~ ~i ~f ~j iWi !i;f I I I j 'I Ij ~f ~I q~li; ~j ~J ~J ~J'th !i!: J ! {I!! ~ i~ il f i'J1 J t J~ l~ 1'1!~ ilff I I i ~ l> l> rl it II j U j I It; : i :i j l~ j l~ i il,!; i I I I. ~ ~ i I i~ , l' ----------- I l~~ b~2~ 3;,,! i:i~h ~s -~ t:,~ q ~':; ____-.-l - - J:8:t:"';'0';',A. :if:~ 0.:..) :~:r~.1';' " .. G ~ ~ ... j-j , -~.,.~..... '...;jl" o 4'4. I ;; 'elo..: !i;;! ,. . ..h J____ :f i -. 6 .- - ::.:: .... 0 ("t 0 0 .... -J CD D o ru '. l..d _J .,; ...( ~~ :( '1 (.'l ~2i .- !s. .- ,j:,..;b N -,,--~--- U"ll~ to- ~ U9~~ g g ;R~9~ .-J ~~... CD :;: H . -- \..- UI ;~~ i~ t } J , J I ~ .. J . f 1,,,,,1 \.y..(;f v~~~. J l , 1 J l ~ } } J I 1 I' !J II . I ~I I ! JI g:f II i :J; 5 11 ~ I f} I H d I hi .. I!~ j 0'1 . 'II I ~~l J'H · !!,l ~Il' f i~,I . I ,tJ: J ':fJ ,I I lilh 11 h i'~ j. fi it;!1 " ! d~ J'R 'I I~' Ii I !i i J~11 l: i i .~ tf i fdl !I !. f ~a il d~: d ii, . 1 ! ' I I , i , l' I , ~ I . .. J J . t ! I I f 1 . 1 ! I i 1 I ! I ! I ::i! r:; , - ,'J G~ ,- (:) <e . - () (;l ,'" t.~', ,':~~ ~f'L~ ~0rz~~\ ~ I , I j 41 I il Jf I , I' I 1 j ,J ~ f q} I J ! H 11 . f I . I 11 ~ J 6 ~ f e 6 . I . . 6 j : f ! I I I Ii i If I ~ , f~ n f. 5 iJ fl. i } !!=~ !Iel ~~13 vl.a '~~I 1I~!i! !. S ~~I~ I:;i \ o Ii~ e a~ n ~ 'U C A~ U ~ o. .. NARRATIVE DESCRIPTION OF pun APPLICATION Introduction This is part of an application for approval of a planned unit development to be located in the Central Business District. Collegeville Development Group LLC ("CDG") proposes to construct a mixed use development on property located at the intersection of College Avenue and Minnesota Street. The proposed mixed use development is specifically allowed pursuant to Ordinance Section 52.31: B-1 Central Business District Subdivision 3(f). The development will be a two story wood frame structure. It will be platted as a condominium plat pursuant to the Minnesota Common Interest Community ("CIC") Act. The ground floor is planned to be 1 0,800 to 11,000 square feet and will be divided into 8 to 10 commercial bays. The bays will be sold or leased to buyers or tenants who will use the bays for uses which are Permitted Uses in the CBD. The second story will consist of 16 residential lofts style units. There will be four two bedroom units and twelve one bedroom units. The eastern and northern parts of the land are vacant and un-used; and were previously the location of a gas station and car dealership. They have been vacant for several years. A laundromat and a vacant wood frame structure are located on the western comer of the land. CDO is consolidating several separate lots currently owned by two separate owners into two lots separated by the alley running parallel with and between Minnesota Street and Ash Street East. The consolidation is to be achieved by re-platting the property and the preliminary and final plats are being submitted in conjunction with this Application. As part of the development, CDO is also submitting a Petition for Vacation of Alley relating the alley between Lots 12 and 13 in Block 10 of the City of St Joseph. Alternate Building Proposal for Four Additional Mixed Use Units. CDG requests approval of an alternate proposal consisting ofthe same development described above, but also including an additional building as shown on the attached site plan, to be located on and accessed from the alley. The additional building would contain from three to four units which would be a combination of offices or artisan shops on the first floor, and residences above the shops. PUD and Zoninf! ReQuirements 1. Density: Ordinance Section 52.31 Subdivision 3(t) requires that the area of the residential units must meet the standards of Section 52.29, Subdivision 5 and 6. a. Subdivision 5 sets forth the Lot Area Requirements as follows: i. A one bedroom unit needs 3000 square feet per unit. ii. A two bedroom unit needs 3500 square feet per unit. b. The total space requirement for the lofts located in the primary building would be: i. 3000 x 12 = 36000 ii. 3500 x 4 = 14000 iii. Total = 50000 square feet c. The proposed PUD consists of a total of 63374 square feet. Therefore the site contains sufficient space for the 16 units proposed as part of the building on Minnesota Street. d. The alternate plan would contain up to four additional one bedroom or two bedroom residential units. If all units in the Alternate Proposal were one bedroom units, the ordinance requirement would then be for the 50000 square feet in the Minnesota Street building and 4 x 3000 equals 12000 additional square feet for a total of 62000 square feet. The site contains 63374 square feet. Accordingly the site could accommodate a building even if two of the four units were two bedroom units and the other two were one bedroom units. ( 2 x 3500 = 7000 plus 2 x 3000 = 6000 plus the 50000 square feet in the Minnesota Street building is a total of 63000 square feet). 2. Parking: Ordinance Section 52.31 Subdivision 3(t) also provides that off-street parking requirements shall be separately determined for the commercial and residential uses in accordance with Section 52.10. a. Section 52.10 Subdivision 4(b) applies to the residential area and requires: i. 1.5 parking spaces for each single family unit and 2.5 spaces for each two bedroom unit. II. 1.5 times 12 single bedroom units is 18 plus 2.5 times 4 two bedroom units is 10 for a total of 28 units needed for the 16 loft units in the lofts planned for the Minnesota Street building. 111. If the Alternate Building is constructed consisting of2 one bedroom and 2 two bedroom units the ordinance requires an additional 1.5 times 2 plus 2.5 times 2 or 8 additional spots for a total of36 spots. b. The proposed site plan includes 42 total spaces as part of the Minnesota Street building alone. If the Alternate Building is constructed it will include additional ground level parking; and none of the original spots will be eliminated. c. Therefore the proposed site plan has adequate parking planned to accommodate both the Minnesota Street building and the Alternate Building. d. Section 52.10 also states that in the CBD: "The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, ad the availability of other parking spaces in the Central Business District". The Applicant requests that the City consider the section of this Application addressing parking at the end ofthis Narrative. 3. PUD - Contents of Preliminary Application: Ordinance Section 52.09 Subdivsions 9 and 12 list the requirements of applications. The following are submitted with this Application. a. Subdivision 9(a) items 1,2, 3, 4, and 5 are either shown on the Preliminary or Final Plat drawings prepared by Boonestroo Surveyors and Engineers and being submitted simultaneously with the Application, or on the Site Plan and related sketches prepared by GL T Architects. b. Subdivision 9(a) items 6, 7, and 12 are not applicable. c. Subdivision 9(a) items 9, 10, and 11 are addressed in the narrative which is Section Number 4 below. d. Subdivision 9(a) item 13 requires submission of certain documents that are part of the Applicant's CIC Documents which are being drafted by the Rinke Noonan Law firm and will be submitted to City Staff prior to the City Plan Commission review of this Application. e. Subdivision 9(a) items 14 and 15 are either shown on the plats, sketches, and plans submitted with this Application or are not applicable. 4. Narrative in Support of PUD Preliminary Application required bv Subdivision 9: a. Item 9. Goals and Policies of Comprehensive Plan: The proposed PUD is located in District Five of the City Comprehensive Plan. The project complies with the following Plan goals and policies: i. It is a combination of business and medium density residential uses. ii. It is a redevelopment of underutilized parcels. b. Item 10. Land Use: The proposed development is allowed as a Special Use pursuant to Ordinance Section 52.31 Subdivision 3(t). It is a mixed use of a permitted use and multiple residential dwelling units in the CBD. At least 50% of the development consists of a Permitted Use. c. Item 11. Impact on Adjacent Property. The development will have a positive impact on adjacent property owners. It will eliminate vacant unsightly vacant property currently used only haphazardly as a parking without the permission ofthe owner. It will also eliminate a substandard wood structure and a masonry building past its economic usefulness located on one of the highest profile corners in the CBD. 5. Narrative in Support ofPUD Final Application required by Subdivision 12: a. Items 1,2,3, and 6 are addressed in the same materials submitted as part of the PUD Preliminary Application. b. Item 4. Final Agreement to be negotiated between City and Applicant. c. Item S. Development Schedule. The development is proposed as a two to three phase development as follows: i. Phase One will either be one half of the Minnesota Street building or the entire Minnesota Street building depending on how many of the condominium units are pre-sold or pre-leased as of the final approval of the PUD. Construction of Phase One is planned for May of 2007. n. If the entire Minnesota Street building is not constructed beginning in May of 2007, the second half would be constructed upon sale of additional units, but the target would be for commencement of the second half of the building by May of2008. 111. The Alternate Building will depend upon full sale or lease up of the units in the Minnesota Street building, but the target date is sometime in the year 2009. Variance Request The Applicant is requesting a variance from the Front Yard Setback requirement of Ordinance 51.31 Subdivision Sea) which states that the front yard set backs shall be ten (10) feet from the lot lines. The following reasons are submitted in support of the variance request: 1. The project is located in the CBD; and it is common in central business districts to allow building up to the public sidewalk right of way. 2. The Ordinance permits buildings to be constructed up to the sidewalk in the CBD on the west side of Collegeville Avenue; and there is no compelling reason not to also permit zero front yard setbacks on the subject property. 3. The City already approved the Applicant's Concept Plan; and the Applicant understood that the City actually desired to have the building constructed with zero lot line. 4. The Applicant believes the Ordinance should be amended to permit zero front yard setbacks in the CBD on Minnesota Street east of College Avenue and encourages the City to make that change to the Ordinance. Parkine The proposed Site Plan contains 42 parking spaces. To achieve strict compliance with the standards in the Ordinance, 28 parking spaces are required to accommodate the 16 residential loft units planned for the Minnesota Street building. Regarding the need for parking to accommodate the business operators that may occupy the street level portion of the Minnesota Street building, Section 52.10 states that in the .' CBD: "The amount of parking space required shall be based on the anticipated demand for parking and loading space, the length of visits generated by the particular business, ad the availability of other parking spaces in the Central Business District". The Applicant requests that the City consider the following conditions in evaluating the need for parking: 1) There is an abundance ofparkinl! spaces existing inthe CBD. a) The south side of Minnesota Street across from the Applicant's proposed development and westward to the west boundary of the CBD is normally available. There are no commercial buildings on the south side of Minnesota Street; and there would not appear to be any planned in the foreseeable future as the property south of Minnesota Street is occupied by St Joseph Catholic Church, an elementary school, and a parking lot used by the Church. Except on Sundays, Saturday evenings, and a brief period in the mornings when parents are dropping off children at school, the south side of the street generates very little demand for parking. The times when the Church and school create parking pressure are normally not times conflicting with any pressure that will be generated by the proposed development. b) There is public parking west of City Hall. c) There is street parking on College Avenue often available in front of City Hall and the Central Minnesota Credit Union. d) There will also be parking in on the north side of Minnesota Street immediately in front of the development. 2) There is an abundance of parking on the Applicants own site plan. a) There are 16 garage spaces and 26 striped spaces, including two handicapped spaces, shown on the Applicant's site plan for a total of 42 spaces. b) The 16 loft style residential units are not likely to generate a need for the 28 spots required by the Ordinance on a frequent basis. The loft units are predominantly small one bedroom units which will be occupied by one person one vehicle households. 3) Central Business Districts parking requirements customarily have light off street parking requirements. Cities often structure CBD parking requirements to be much lower than newly developing areas. Exterior Elevations and Desi2n Exterior elevations and materials are displayed on the attached materials; and the Applicant will answer questions at the Plan Commission and City Council meetings on this Application. There is one change which the Applicant is noting here however. The "west elevation" view does not show that there will be windows and a door at the street level opening onto the Plaza designated on the Site Plan. ~ crrv OPS'I:JOSRJtfl Council Agenda Item '~ €A MEETING DATE: May 3, 2007 AGENDA ITEM: Engineer Reports - Water Storage Facility SUBMITTED BY: Tracy Ekola, City Engineer Dick Taufen, Public Works Director BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The Council has previously discussed the need to begin the designing of a second water storage facility and the same has been included in the Capital Improvement Plan. BACKGROUND INFORMATION: It is anticipated that the new tower should be online by the year 2010. As part of the study process, the City hired a firm to complete an analysis of the existing water storage facility to determine if maintenance is needed. The Council was presented with some minor repairs that are needed. However, the most cost effective manner to make the corrections is by taking the system off line. At this same time the Council discussed when a new water tower would need to operation to meet the storage needs ofthe City. It was determined that the need would be present in three to five years. It has been determined that if the City constructs the new facility in the next three years, the minor repairs can wait until the new tower is online. However, if that is not the case then the City needs to determine which repairs should be made at this time. When the budget was prepared for the year 2007, the Council agreed that we would begin the design stage ofthe Storage facility in 2007. . BUDGETIFISCAL IMPACT: ATTACHMENTS: Letter from Steve Campbell, SEH REQUESTED COUNCIL ACTION: Authorize SEH to begin the process of designing a 750,000 gallon water storage facility. ~ SEH MEMORANDUM TO: Tracy Ekola FROM: Steve Campbell DATE: 4/26/2007 RE: St. Joseph Water Storage Project Programming SEH No. A-STJOE0701.00 D4 I have reviewed the previous information prepared regarding the upcoming St. Joseph's Water Storage Improvement Projects. Based on this information, two separate projects will need to be completed. The first is the construction of a new 750,000 gallon elevated tank tentatively located in the Industrial Park near the city's existing Maintenance Facility. The second is the rehabilitation of city's existing 500,000 gallon fluted column tank located at College Avenue North and Elm Street. The rehabilitation project was discussed in detail in our December 8th, 2006 Water Tank Evaluation Report. The report indicated that the current interior and exterior coating systems are generally in good condition. However, there are several small areas of the bowl interior where the coating has failed and bare metal is exposed. While all of these areas should be monitored for expansion, there is no risk to either the water quality or the structural integrity of the tank in the next few years. Because the rehabilitation of the existing tank will take it out of service for several weeks, we propose that the new tank be constructed prior to the rehabilitation to ensure that the city can maintain an adequate volume of stored water for fire protection. Accordingly, we propose that the design of the new storage facility be scheduled for fall of 2007. This will provide for city review and approval late in 2007. This will also allow the city the option of bidding the project early in 2008 if a 2008-2009 construction schedule (completion spring of 2009) is desired or holding off and bidding the project late in 2008 for a 2009 construction schedule (completion in fall of 2009). In 2010, following the completion of the new facility, the rehabilitation of the existing facility can take place. Design and bidding can be done in the spring and early summer with the field work being completed in the fall when the water demand tends to drop-off. Please call if you have any questions or if you wish to discuss in detail. njb r:\admin\nicki\dictation from steve campbell (memo).doc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, SI. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax City of St. Joseph Water Treatment Facility April 25, 2007 Construction Report No. 7 City of 81. Joseph Water Treatment Facility. April 25, 2007 Report NO.7 SUMMARY Contract Time Summary Award date: November 10, 2005 Notice to proceed: February 24, 2006 Substantial completion date: April 30, 2007 Final completion date: July.30,2007 Contract Cost Summary Original contract amount: Approved change orders: Pending change orders: Current contract amount: $5,764,932.90 $94,781.00 $13,906.00 $5,859,713.90 Earnings to date: $5,606,602.87 Less retainage: $280,330.14 Payments to date (No.1-No.14): $5,326,272.73 Earnings as % of contract: 90.9% Status of Construction -Built up asphalt and curved metal roof complete -Making water and sending to City distribution system Upcomina Construction -Miscellaneous interior work -Continue painting building interior Schedule -May & June - Finish site work/grading, landscape, paving Chanae Orders & Outstandina Issues Pending Change Orders -Add glycol to unit heaters -Add hypochlorite pump -Fire sprinkler tie-in -Add levehsensor in 2nd fluoride tank -Relocate lights in main entrance $ 1,869.00 $ 2,618.00 $ 4,053.00 $ 4,766.00 $ 600.00 $13,906.00 Total -Contingency of $300,000 for change orders was budgeted for this project. Current estimate for existing and pending change orders is $108,690. Outstanding Issues -Guardrail on roof by condensing units -City of St. Joseph sign/letters on building -Miscellaneous interior changes (main entrance light, interior sign, handrail around plate settler) City of St. Joseph Water Treatment Facility April 25, 2007 Report NO.7 Distribution: Judyvv~yrens, City of St.Joseph Mike Sworski, City6f SL Joseph' TracyEkola, SEH City Council Members Pick Taufen, City of St. Joseph Steve Campbell, SEH Mark Johannes, SEH J()hnTholl1, SEH City of 81. Joseph Water Treatment Facility April 25, 2007 Report NO.7 City of St. Joseph Water Treatment Facility April 25, 2007 Report No.7 City of 81. Joseph Water Treatment Facility April 25, 2007 Report No. 7 Cc fti cl!A- !5~5A:;7 CITY Of ST. JOSEPH WlWIWI. cityofstjoseph. com Administrdtor Judy Weyrens The City of St. Joseph is accepting separate sealed bids for the following items: MdYor Richdrd Cdrlbom 1. Badger Orion Mobile Laptop AMR System to include the following: . One Panasonic Toughbook with all necessary receivers, cables and antennas. . Connect Route Management Software . Complete on site training and on-going support. Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick 2. Fifteen Hundred (1500) Badger Model 25 Bronze Meter (5/8 x %) with the following: . R TR Register . Orion Radio . Gallon measurement . Data Acquistion The meters will be purchased into two phases, one in 2007 and one in 2008. Each phase will consist of approximately 750 meters. 3. mstallation of Badger Model 25 Bronze Meter to include: . Prepare notification to residents and scheduling of appointments. . Removal and disposal of existing 5/8 Rockwell water meter . Installation of Badger Model 25 Bronze Meter . Approximately 750 meters will be replaced each in 2007 and 2008. Time schedule to be coordinated with the City. Bids must be placed in a sealed envelope clearly marked "water meter bid". Bids will be accepted until 3:00 PM, May 17,2007. Bids should be sent to: City of St. Joseph Judy Weyrens, Administrator PO Box 668 25 College Avenue North St. Joseph MN 56374 2.)" College Avenue North' PO Box 66s . Sdint. Joseph, Minnesotd )"6)74 Phone )2.0.)6).72.01 FdX )2.0)6-).0)42.