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HomeMy WebLinkAbout2007 [05] May 17 {Book 40} Administfdtor /udy Weyrens Mdyor Richdfd Cdrlbom Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick CITY Of ST. JOSEPH www.cityo!stjoseph.com St. Joseph City Council May 17, 2007 7:00 PM 1. 7:00 PM Call to Order 2. 3. Approve Agenda Consent Agenda a. Bills Payable b. Ordinance Amendment - Requested Action: Authorize the Mayor and Administrator to execute the Amendment to Ordinance 52.12 establishing the rear yard setback of an accessory building in an Rl Zoning district. c. Premise Permit - Requested Action: Accept the Premise Permit Application of the St. Joseph Jaycees to conduct lawful Gambling at JM Speedstop (27 Birch Street W) and Amoco Liquor (21 Birch Street West). d. Engineering Services - Requested Action: Authorize SEH to begin the design ofthe second water storage facility with an estimated for engineering services of $ 133,700. e. Development Agreement - Requested Action: Authorize the Mayor and Administrator to execute a Development Agreement between the City of St. Joseph and American Manufacturing allowing the construction of a 7,600 square foot facility. f. Liquor Licenses - Requested Action: Authorize the Mayor and Administrator to execute the 2007-2008 Intoxicating Liquor Licenses. g. Capital Equipment - Requested Action: Authorize the purchase of Check Valve and Safety Net ($ 6459.00), Gas Monitors ($2,907.45) and Manhole cover lift ($1,252.39) h. Development Agreement - Requested Action: Authorize execution of the Development Agreement between the City of St. Joseph and Collegeville Development LLC for TlF 2-1. 4. Public Comments to the Agenda 5. 6. 7:05 PM 7: 10 PM Monte Eastvold, Set Bond Sale, 2007 Bond Issues City Engineer Reports a. 2007 East Side Improvements - Bid Update b. Other Matters 7. Comprehensive Plan Update - Economic Development Chapter 8. Mayor Reports 9. Council Reports 10. Administrator Reports a. Update - Affordable Housing b. 11. City Council Membership a. Resignation of Mayor b. Declaration of Vacancy & Potential appointment of Mayor c. Potential Council Member V acancy (dependent upon appointment of Mayor) 12. Adjourn 2.')' College Avenue North, PO Box 66s . Sdint. joseph. Minnesotd ')'6574 Phone ')2.0.')6')'72.01 FdX ')2.0.')6').0')42. CG ~-11~07 1'\ .. 1 \ ! 'J f'e , .. /J \ 1\ Uv'VV"<- q " r\ r' ri \ 16 5 ". \ C'.I . (/e. r.- ., ~,.'"- .;. v v \ ,. .' "\) " \ \. > r) " _ \ \ ..~.'t~~ ~..~~. ~~~/~~\- ~-Vtfl\i ' 2 ,----~.... ~ ~ is} ~ 'A-.. ~ Vl~-vr~V~ ~~ {-()~ L f-'cY rtuJl. <5' ~ "'''''''},_.--/...<i '" __..:,;;..-.-- / _,., f. / F L.{MAA:'i///l /' . / /J/YV;i-.." l./ y , vv ;;.'..... v v" .. 0'" I,;; sr' j, /.~' <... C;:' ,. ';/ t-...... ,?t-'~ _J C. l: ~~;07~ f / --d p. ,--:2/ '/ ',' "'... 4/ vte/cu.LJa..,J l'~..,;.~:l.L (,.~. ,.- f"\ ~, ~.1~~ lD. i r ~.-' \- (,/A.. 7\ '^ . (./1(') I ! f--:h-.'(;i.CA-. ~v - \j /7 / ?r> I /~ -~~. Q:--u-?? / ~. . 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C,.rr\An', ~/)Q" 9!:k-.'-.r') .-- : ,} Ti i 1/. / i /'! / : I f ( ! \.... f'~ Y'? /" 0" c/7L/_. c::7?/- .~,. <cl ern-- ,... .... $1,,-.c:1~ .,~L ~- '/J~' ' ; / l/ Council Agenda Item 3(~) MEETING DATE: May 17, 2007 AGENDA ITEM: Bills Payable SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET/FISCAL IMP ACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: City of St. Joseph Bills Payable Page 1 May 15, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038816 STAMP FULFILLMENT SERVICES postage $341.99 101 41430 322 038816 STAMP FULFILLMENT SERVICES postage $69.66 105 42210 322 038816 STAMP FULFILLMENT SERVICES postage $139.32 101 41130 322 038816 STAMP FULFILLMENT SERVICES postage $34.83 150 46500 322 038816 STAMP FULFILLMENT SERVICES postage $55.40 601 49440 322 038816 STAMP FULFILLMENT SERVICES postage $55.40 602 49490 322 038817 ING LIFE INS & ANNUITY COMPANY deferred comp pay-Reg pp 10 $515.00 101 038818 PERA Con pp 5 $270.04 101 038818 PERA Reg pp 10 $5,804.68 101 038819 COMMISSIONER OF REVENUE Reg pp 10 $1,575.46 101 038820 EFTPS Med Reg pp 10 & Con 5 $1,169.80 101 038820 EFTPS SS Reg pp 10 & Con 5 $3,150.58 101 038820 EFTPS Reg pp 10 & Con 5 $3,582.61 101 038821 A-1 TOILET RENTAL Kleinfelter-Rental $69.22 205 45203 531 038821 A-1 TOILET RENTAL Northland Park-Rental $69.23 205 45203 531 038821 A-1 TOILET RENTAL Memorial Park-Rental $69.23 205 45203 531 038822 ACCLAIM BENEFITS administration $10.00 101 41430 137 038822 ACCLAIM BENEFITS administration $10.67 101 45202 137 038822 ACCLAIM BENEFITS administration $5.00 101 41530 137 038822 ACCLAIM BENEFITS administration $48.00 101 42120 137 038822 ACCLAIM BENEFITS administration $5.00 603 43230 137 038822 ACCLAIM BENEFITS administration $10.66 602 49490 137 038822 ACCLAIM BENEFITS administration $10.67 601 49440 137 038823 ACCLAIM BENEFITS-REIMB Reimbursement Daycare -498 $63.99 101 038824 AFSCME COUNCIL 65 May union dues $402.05 101 038825 ALLIED WASTE SERVICES April service $72.35 101 45201 384 038825 ALLIED WASTE SERVICES April Residential Service $15,751.72 603 43230 384 038825 ALLIED WASTE SERVICES April service $72.35 105 42220 384 038825 ALLIED WASTE SERVICES April service $72.34 602 49490 384 038825 ALLIED WASTE SERVICES April service $117.10 101 45202 384 038826 BATTERIES PLUS battery JD 4200 $51.35 101 45202 220 038827 BLUE CROSS BLUE SHIELD MN June medical insurance $292.00 101 038827 BLUE CROSS BLUE SHIELD MN June medical insurance $4,983.00 101 038827 BLUE CROSS BLUE SHIELD MN June medical insurance $9,547.50 101 038827 BLUE CROSS BLUE SHIELD MN Credit Balance on account -$693.00 101 038828 BRANNAN LOCKSMITH keys $122.21 101 42120 210 038828 BRANNAN LOCKSMITH 6 keys Centennial Park $12.78 205 45203 531 038828 BRANNAN LOCKSMITH 3 keys Compost $6.39 603 43230 230 038828 BRANNAN LOCKSMITH repair door lock $50.00 101 41942 220 038829 CENTRAL MCGOWAN Medical Oxygen $41.10 105 42270 210 038830 CHADER BUSINESS EQUIPMENT 2007 2nd Quarter Maint Agreement $110.36 101 42120 220 038831 CITY OF ST. CLOUD sewer rental charges-April $13,758.37 602 49480 419 038831 CITY OF ST. CLOUD 2007 RSVP Services $3,900.00 101 49300 430 038832 GOODIN COMPANY roofing materials $74.08 101 45201 220 038833 GRAINGER QO Lock Kit-Centennial Park $48.01 205 45203 531 038834 HAWKINS WATER TREATMENT Lead Sample $32.00 602 49480 312 038834 HAWKINS WATER TREATMENT Phosphorus Test $51.20 602 49480 312 038834 HAWKINS WATER TREATMENT Azone 15 $692.64 601 49420 210 038834 HAWKINS WATER TREATMENT Azone 15 $901.42 601 49421 210 038834 HAWKINS WATER TREATMENT Influent Bod Test $91.20 602 49480 312 038835 JARNOT CUSTOM CABINETS INC Centennial Park Cabinets $7,661.00 205 45203 531 038836 JM GRAYSTONE OIL CO., INC Fuel - April $336.34 601 49440 210 038836 JM GRAYSTONE OIL CO., INC UPS Charges $13.69 602 49490 322 038836 JM GRAYSTONE OIL CO., INC Fuel - April $122.51 105 42220 210 038836 JM GRAYSTONE OIL CO., INC Fuel - April $336.33 101 43125 210 038836 JM GRAYSTONE OIL CO., INC Fuel - April $336.33 101 43120 210 038836 JM GRAYSTONE OIL CO., INC Fuel - April $336.34 101 45202 210 038836 JM GRAYSTONE OIL CO., INC Fule - April $336.34 602 49490 210 038837 JOHN T JONES Pay Ap 14 $111,873.88 601 49431 530 City of St. Joseph Bills Payable Page 2 May 15, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038838 KEEPRS, INC/CY'S UNIFORMS Jansky- $221.85 101 42120 171 038838 KEEPRS, INC/CY'S UNIFORMS Johnson M - raincoat, boots, gloves $197.36 101 42120 171 038838 KEEPRS, INC/CY'S UNIFORMS Magaard-Wallet shield, Badge $101.07 101 42120 171 038838 KEEPRS, INC/CY'S UNIFORMS Pfannestein-Danner Telson $172.68 101 42120 171 038838 KEEPRS, INC/CY'S UNIFORMS M Johnson return -$57.46 101 42120 171 038838 KEEPRS, INC/CY'S UNIFORMS Flex cuf restraints $31.84 101 42120 210 038839 KERN, DEWENTER, VIERE, L TD 2006 Audit interim billing $5,600.00 101 41540 301 038839 KERN, DEWENTER, VIERE, L TD J Rigdon Consulting $1,125.00 101 41540 300 038839 KERN, DEWENTER, VIERE, L TO 2006 Audit interim billing $16,400.00 101 41540 301 038840 KLN DISTRIBUTING, INC Repair USB driver $86.00 101 42120 220 038840 KLN DISTRIBUTING, INC Computer system $1,752.99 601 49431 530 038841 LARSEN ABRAMSON, DUFFY Refund balance of damage deposit $75.00 101 41430 038842 LARSON EXCAVATING Final payment Cloverdale $21,964.89 431 43120 530 038843 LAW ENFORCEMENT LABOR May Union Dues $276.50 101 038844 LEAGUE OF MN CITIES INS TRUST Deductible for Claim 00941052 $533.69 101 42120 151 038845 LEEF BROS April Service $124.54 101 41430 210 038845 LEEF BROS April Service $58.71 101 45202 171 038845 LEEF BROS April Service $58.71 602 49490 171 038845 LEEF BROS April Service $58.71 601 49440 171 038845 LEEF BROS April Service $51.02 101 42120 210 038845 LEEF BROS April Service $58.71 101 43120 171 038846 LEE'S ACE HARDWARE supplies $18.40 601 49421 210 038846 LEE'S ACE HARDWARE supplies $3.52 101 45201 220 038846 LEE'S ACE HARDWARE supplies $139.17 101 45202 220 038846 LEE'S ACE HARDWARE supplies $11.23 101 43120 220 038846 LEE'S ACE HARDWARE supplies $30.64 101 41942 210 038846 LEE'S ACE HARDWARE supplies $3.84 105 42250 230 038846 LEE'S ACE HARDWARE supplies $72.06 205 45203 531 038846 LEE'S ACE HARDWARE supplies $2.49 602 49450 220 038846 LEE'S ACE HARDWARE supplies $30.87 601 49440 220 038846 LEE'S ACE HARDWARE supplies $289.17 101 42120 220 038847 LOSO, ANDREW Fire Hall Cleaning - 4 $60.00 105 42281 300 038848 LOSO,NATHAN 2 Plan Com, 2 Council, 1 update $150.00 101 41950 103 038849 LOSO'S STORE supplies $10.35 101 42120 200 038850 MAIER TYPEWRITER SERVICE toner $60.65 101 41430 200 038850 MAIER TYPEWRITER SERVICE toner $95.80 101 41530 200 038851 MCCOMB GROUP, LTO Market Research Analysis $1,930.17 101 41910 300 038852 MCDOWALL COMFORT 2007 Service Contract-HVAC unit $5,870.00 101 41942 220 038853 MIDWEST RADAR & EQUIPMENT rader updates $100.00 101 42151 233 038854 MILLS FLEET FARM supplies $25.00 101 43120 210 038855 MINNESOTA ELEVATOR, INC service - May $88.35 101 41942 220 038856 MINNESOTA TRAVEL MANAGEMENT lease 5244 $889.50 101 42152 414 038856 MINNESOTA TRAVEL MANAGEMENT lease 6002 $977.40 101 42152 414 038856 MINNESOTA TRAVEL MANAGEMENT lease 6073 $977 .40 101 42152 414 038856 MINNESOTA TRAVEL MANAGEMENT lease 5556 $874.80 101 42152 414 038857 NORTHLAND TRUST SERVICES INC 2005C GO Imprv Bnd Interest $54,250.00 335 49450 611 038857 NORTHLAND TRUST SERVICES INC EDA Rev Crossover 2005A $403.00 439 47100 620 038857 NORTHLAND TRUST SERVICES INC 2004 GO Indebt Interest $2,233.75 307 47100 611 038857 NORTHLAND TRUST SERVICES INC 2005D Wtr Rev Bnd Interest $94,571.88 601 47100 611 038857 NORTHLAND TRUST SERVICES INC 2005B GO Imprv Bnd Interest $30,195.00 333 47100 611 038857 NORTHLAND TRUST SERVICES INC 2006B GO Indebt Bnd Interest $4,380.00 337 41430 611 038857 NORTHLAND TRUST SERVICES INC 2006C GO Imprv Bnd Interest $48,784.38 338 43120 611 038857 NORTHLAND TRUST SERVICES INC 2006 Wtr Rev Bnd Interest $63,456.25 601 47100 611 038858 OBERG FENCING, INC Fencing Basketball Court $2,045.00 205 45203 531 038859 OFFICE MAX toner, file folders $411.68 101 41430 200 038860 ONE CALL CONCEPTS, INC notification-April $120.55 602 49490 319 038860 ONE CALL CONCEPTS, INC notification-April $120.55 601 49440 319 038861 ONE THE MARK Electric - Centennial Park $2,585.79 205 45203 531 038862 PRECISE REFRIGERATION INC Cooling Maintenance $379.66 105 42280 220 City of St. Joseph Bills Payable Page 3 May 15, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038863 PRINCIPAL LIFE Dental/Life Ins May $2,009.56 101 038864 QWEST-TELEPHONE telephone service-May $239.71 601 49421 321 038864 QWEST-TELEPHONE telephone service- $75.62 101 41430 321 038864 QWEST-TELEPHONE telephone service $75.62 602 49490 321 038864 QWEST-TELEPHONE telephone service $75.62 602 49473 321 038864 QWEST-TELEPHONE telephone service- $75.62 602 49472 321 038864 QWEST-TELEPHONE telephone service- $75.62 602 49471 321 038864 QWEST-TELEPHONE telephone service $75.63 101 45201 321 038864 QWEST-TELEPHONE telephone service- $75.63 602 49470 321 038864 QWEST-TELEPHONE telephone service- $75.63 105 42250 321 038864 QWEST-TELEPHONE telephone service $75.63 601 49440 321 038864 QWEST-TELEPHONE telephone service- $75.63 150 46500 321 038864 QWEST-TELEPHONE telephone service- $75.63 101 41941 321 038864 QWEST-TELEPHONE telephone service- $75.63 101 41946 321 038864 QWEST -TELEPHONE telephone service-Mar - May $518.48 101 42151 321 038865 RAJKOWSKI HANSMEIER L TD Charter peg access fees $115.00 101 41610 304 038865 RAJKOWSKI HANSMEIER L TO Meadowvale Suit $537.50 425 43122 530 038865 RAJKOWSKI HANSMEIER L TO Millstream Shops Development $917.50 101 41610 304 038865 RAJKOWSKI HANSMEIER L TO Arcon Dev $1,978.00 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD Criminal Matters $2,754.50 101 42120 304 038865 RAJKOWSKI HANSMEIER L TD CSAH 75/Signal $12.50 438 43165 530 038865 RAJKOWSKI HANSMEIER L TD Lambert $46.00 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD Iverson Street $37.50 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD 2007 Mill overlay Improvement $87.50 441 43121 530 038865 RAJKOWSKI HANSMEIER L TD Trobec Event Center $127.50 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD School $262.50 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD LaPlayette $62.50 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD Water Metering System $12.50 601 49430 304 038865 RAJKOWSKI HANSMEIER L TD Meetings $687.50 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD Ordinances $275.00 101 41130 304 038865 RAJKOWSKI HANSMEIER L TD 2007 Storm Sewer Improvements $276.00 651 49900 304 038865 RAJKOWSKI HANSMEIER L TD 2007 Sewer Improvements $12.50 602 49450 304 038865 RAJKOWSKI HANSMEIER L TD Developers Agreements $200.00 101 41610 304 038865 RAJKOWSKI HANSMEIER L TD Verizon $241.50 101 41610 304 038866 REED CONSTRUCTION DATA 2007 Jade Road Ad $211.85 441 43120 530 038867 RENGEL PRINTING Stray Dog Forms 500 $129.56 101 42700 210 038867 RENGEL PRINTING Stray Dog Catcher $129.56 101 42700 210 038868 SCHWEGEL COMMUNICATIONS INC additional phone $265.92 101 42151 233 038869 SEH Wellhead protection $211.75 601 49434 530 038870 SMITH & LOVELESS INC Main pump Station parts $302.07 602 49480 220 038871 ST. CLOUD ECON DEV 2007 membership dues $8,000.00 150 46500 433 038872 ST. CLOUD FIRE EQUIPMENT ABC dry chemical $57.00 101 42120 210 038873 ST. CLOUD TIMES 2007 East Side Improvements Ad $404.82 441 43121 530 038874 ST. JOSEPH NEWSLEADER Ordinances 42, 71, 73 $182.00 101 41130 340 038875 SUBURBAN HEALTH & health club premium $76.23 101 038876 SUNSET MFG CO., INC. Cover Centennial Park $191.77 101 45202 220 038876 SUNSET MFG CO., INC. Thresholds-Food Shelf $29.96 101 41941 220 038877 TESKE FARM & COUNTRY INC barn lime $9.80 101 45202 210 038878 UNIQUE PAVING MATERIALS 1.44 ton patch $138.02 101 43120 210 038879 UNUM LIFE INSURANCE June Insurance $567.36 101 038880. US BANK 2000 EDA Revenue Bond Interest $21,338.75 322 47100 611 038880 US BANK 2003 EDA Rev Bnd Interest $12,661.25 329 47100 611 038880 US BANK 2003 GO Bnd Interest $9,998.75 328 47100 611 038880 US BANK 2003 GO Impr Crossover Bd Interest $5,346.25 332 47100 611 D38880 US BANK 2003 Fire Hall Crossover Bnd Interest $12,536.25 331 47100 611 038880 US BANK 2002 Water Rev Ref Bnd Interest $11,381.25 601 47100 611 038880 US BANK 2002 GO Impr Bnd Interest $61,168.75 325 47100 611 038880 US BANK 2004 GO Impv Bnd Interest $6,072.50 323 47100 611 038880 US BANK 2001 Sewer Revenue Bond Interest $12,356.25 602 47100 611 City of St. Joseph Bills Payable Page 4 May 15, 2007 Check # Search Name Comments Amount FUND DEPART OBJ 038881 US CABLE Fiber network lease $675.00 601 49431 530 038881 US CABLE Internet service-May $49.95 101 41430 321 038881 US CABLE Internet service-May $39.95 105 42250 321 038882 VERIZON WIRELESS cell phone $227.53 101 42151 321 038882 VERIZON WIRELESS cell phone $19.51 101 43120 321 038882 VERIZON WIRELESS cell phone $132.92 101 41430 321 038882 VERIZON WIRELESS cell phone $35.57 101 45202 321 038882 VERIZON WIRELESS cell phone $39.02 602 49490 321 038882 VERIZON WIRELESS cell phone $16.07 101 43120 321 038882 VERIZON WIRELESS cell phone $80.84 105 42250 321 038883 VIKING INDUSTRIAL CENTER safety vests, gloves, glasses $231.89 101 43120 210 038883 VIKING INDUSTRIAL CENTER safety vests, gloves, glasses $231.90 601 49440 210 038883 VIKING INDUSTRIAL CENTER safety vests, gloves, glasses $25.60 101 43120 210 038883 VIKING INDUSTRIAL CENTER safety vests, gloves, glasses $25.60 601 49440 210 038884 VIKING SIGNS Compost permits $314.18 603 43230 200 038885 WEST TITLE, LLC reimbursement for overpayment $8.60 101 41430 038886 XCELENERGY April Service $55.60 602 49471 383 038886 XCELENERGY April Service $313.48 601 49410 381 038886 XCEL ENERGY April Service $313.48 601 49420 381 038886 XCELENERGY April Service $395.49 601 49410 381 038886 XCELENERGY April Service $95.01 601 49410 381 038886 XCELENERGY April Service $16.57 601 49410 381 038886 XCELENERGY April Service $16.57 601 49410 381 038886 XCELENERGY April Service $116.11 601 49410 383 038886 XCELENERGY April Service $449.20 602 49480 381 038886 XCELENERGY April Service $114.85 602 49470 381 038886 XCEL ENERGY April Service $3.33 105 42280 381 038886 XCELENERGY April Service $3.30 101 42500 326 038886 XCELENERGY April Service $147.58 602 49480 383 038886 XCELENERGY April Service $61.50 101 45201 381 038886 XCELENERGY April Service $18.87 101 42610 386 038886 XCELENERGY April Service $1,774.33 101 43160 386 038886 XCELENERGY April Service $54.50 101 45202 381 038886 XCELENERGY April Service $10.06 101 45123 381 038886 XCELENERGY April Service $25.62 101 45123 383 038886 XCELENERGY April Service $268.71 101 41941 381 038886 XCEL ENERGY April Service $165.79 101 43120 383 038886 XCELENERGY April Service $667.96 101 41942 383 038886 XCELENERGY April Service $530.87 601 49420 383 038886 XCELENERGY April Service $92.24 101 43120 381 038886 XCELENERGY April Service $10.30 101 45201 381 038886 XCELENERGY April Service $15.45 101 43120 381 038886 XCELENERGY April Service $110.52 101 45201 383 038886 XCELENERGY April Service $36.43 101 43120 381 038886 XCELENERGY April Service $161.84 601 49435 381 038886 XCELENERGY April Service $697.79 101 41942 381 $739,573.74 Council Agenda Item ~ b ) em' UP ST. J(lSItI'U MEETING DATE: May 17,2007 AGENDA ITEM: Ordinance Amendment SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission has unanimously recommended the City Council authorize execution of the Amendment to Ordinance 52.12. This amendment reverts the rear yard setback back to 5 feet from the property line. PREVIOUS COUNCIL ACTION: Acting on the recommendation of the Planning Commission, the City Council amended Ordinance 52.12 in 2006 requiring the setback for an accessory building to be the same as the rear yard setback for the principal structure. BACKGROUND INFORMATION: After the Ordinance was amended in 2006, the Building Official began enforcing the new regulations. During implementation it was discovered that requiring a large setback on the rear yard for an accessory building would place the buildings in the middle of the back yards on some properties. In addition, the space behind the accessory building would be a potential area for outside storage that could present a problem. Therefore, staff has recommended that the setback for accessory buildings in an Rl Zoning district be reverted back to five feet. The Planning Commission conducted a public hearing on May 7, 2007 at which no one present wished to speak. BUDGETIFISCAL IMP ACT: ATTACHMENTS: 1) Amendment; 2) Ordinance change comparison; 3) Hearing Notice; 4) PC Request for Action. REQUESTED COUNCIL ACTION: Amendment to Ordinance 52.12. Authorize the Mayor and Administrator to execute the AMENDMENT TO ORDINANCE 52.12 GENERAL PERFORMANCE STANDARDS The City Council for the City of St. Joseph hereby ordains that Ordinance 52.12, Subd. la), is amended to read as follows: "a) In all residential districts detached accessory buildings shall be located in the rear yard. When located within ten (10) feet of the rear wall ofthe principal building they shall comply with all yard requirements applicable to the principal building in the district. Where accessory buildings are to be located more than ten (10) feet from a rear wall of the principal building they shall be not be located closer than five (5) feet from an adjoining rear yard or ten (10) feet from the adjoining side yard lot line. All accessory buildings shall setback a minimum of fifty (50) feet from the front street right-of-way lines. Accessory buildings are further limited not to exceed over one (1) story of sixteen (16) feet in height." This amendment is adopted the _ day of upon publication. , 2007, and shall be effective CITY OF ST. JOSEPH By Richard Carlbom, Mayor By Judy Weyrens, Administrator This amendment was published on ,2007 F;\C1TY\shared\StJoseph Ordinances\2007 Ordinance Amendments\52. 12 subd 1 amendment.doc St. Joseph Code of Ordinances 2004 52.12 Subd. 1 (a) In all residential districts detached accessory buildings shall be located in the rear yard. When located within ten (10) feet of the rear wall of the principal building they shall comply with all yard requirements applicable to the principal building in the district. Where accessory buildings are to be located more than ten (10) feet from a rear wall of the principal building they shall not be located closer than five (5) feet from an adjoining side or rear lot line. All accessory buildings shall setback a minimum of fifty (50) feet from front street right-of-way lines. Accessory buildings are further limited not to exceed over one (1) story of sixteen (16) feet in height. St. Joseph Code of Ordinances 2007 Subd. 1: Accessory Buildings. a) In all residential districts detached accessory buildings shall be located in the rear yard. Accessory buildings which require a building permit shall comply with all yard requirements applicable to the principal building in the District. Accessory buildings which do not require a building permit shall not be located closer than five (5) feet from the adjoining side or rear lot line. However, such accessory building shall be set back a minimum of 50 feet from the front street right-of-way lines. Also, all other accessory buildings shall setback a minimum of fifty (50) feet from front street right-of-way lines. Accessory buildings are further limited not to exceed over one (1) story of sixteen (16) feet in height. Section 52.12, Subd. la amended 1/07 Administrdtor JudyWeyrens Mdyor Richdrd Cdrlbom Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick www.cityofstjoseph.com CITY Of ST. JOSEPH Public Hearing City of St. Joseph The St. Joseph Planning Commission will be conducting a public hearing on Monday, May 7,2007 at 7:00 PM in the St. Joseph City Hall. The purpose ofthe hearing is to consider an Amendment to St. Joseph Code of Ordinances 52.12 Subd. 1 (a), Accessory Buildings. The proposed amendment would change the setback of an accessory building to five (5) feet from the rear yard and ten (10) feet from the side yard. 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 Publish: u; College Avenue North' PO Box 668 . Sdint. Joseph. Minnesotd )6,74 Phone ,2.0.,6'.72.01 FdX ,2.0.,6,.0'42. Planning Commission Agenda Item 4 CITY OF ST. JOSEPH MEETING DATE: May 7, 2007 AGENDA ITEM: Public Hearing - Ordinance Amendment St. Joseph Code of Ordinances 52.12 Subd. l(a) Accessory Building SUBMITTED BY: Judy Weyrens, Administrator STAFF RECOMMENDATION: Recommend the Council approve and execute the amendment to Ordinance 52.12 Subd. l(a) and cause the same to be published. PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission in 2006 completed a major renovation ofthe Zoning Ordinance. Part of the change included revising the setback for accessory buildings. BACKGROUND INFORMATION: After the Ordinance was adopted and the Building Official had to start enforcing the new setback, it was determined that using a rear yard setback of 20% of the depth of the lots was the best change. If enforced, accessory buildings would be placed in the middle of some back yards. In addition, it is less likely that the area behind a garage will become an outside storage area if it is only five feet. If the area is 10 to 20 feet, it may be used for uses that will be problematic for abutting property owners. ATTACHMENTS: 1)Hearing Notice; 2) Amendment to Ordinance 52.12 Subd. l(a) REQUESTED PLANNING COMMISSION ACTION: After discussing the setback at a staff meeting, the staffis recommending adoption of the amendment to Ordinance 52.12 Subd. l(a), reverting the rear yard setback back to five feet. ~ (:n''f OF tn: JO$ftf'U Council Agenda Item 3 (C ') MEETING DATE: May 17,2007 AGENDA ITEM: Premise Permit, St. Joseph Jaycees SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: Annually the Council must approve all Premise Permits for Lawful Gambling. As part of the renewal process each organization is required to submit a financial summary illustrating that at least 10% of the gambling proceeds have been expended in the defined trade area. Based on the submitted information the Ordinance requirement has been satisfied. BUDGET/FISCAL IMP ACT: ATTACHMENTS: 1) Minnesota Lawful Gambling License Renewal Application; 2) Summary Financial Statement. REQUESTED COUNCIL ACTION: Accept the Premise Permit application for the St. Joseph Jaycees to operate lawful gambling at the following two sites: 1) JM Speedstop, 27 Birch Street West; 2) Amoco Liquor, 21 Birch Street West. Minnesota Lawful Gambling (LG200R) Lawful Gambling License Renewal Application Corrections should be made directly on this application Submit one check for all renewal fees, payable to State of Minnesota. Organization requirements: 1. An annual organization license fee of $350 is required. . 'G:.~ UeoRtrol r' B;;,;rd' u~. o~iy '1 . . .......................... Current license term: 8/1/2005 to 7/31/2007 Renewing license term:' 8/1/2007 to 7/31/2009 Authorization: 3011 Organization: St. Joseph Jaycees Box 755, St. Joseph, MN 56374 CEO: Robin Beth Kremer 609 5th Ave NE, St. Joseph, MN 56374 Treasurer: Daniel J Kuntz 204 Fir St E, St. Joseph, MN 56374. Annual Goal for Charitable Contributions 30 (320)363-4888 County: Stearns i------l iii Check this box if your I organization qualifies for I I the waiver of the $350 I I organization license fee I defined in MN Statute L _349.16 Sub<t...2 _ J (320)363-7364 (320)761-3328 0/0 Gambling Manager Requirements: 1. An annual gambling manager license fee of $100 is required. Gambling Manager Authorization: GM-03011-003 Curren~ Lic~nse Term: 8l1l200Sto 7l31l2007 ReneWing license term: 8]1]2007 to 7]31]2009 Rose Anne Janssen iii The individual listed is not renewing their license. We have enclosed a LG212 108 7th Ave NW, St. Joseph, MN 56374 application for the new applicant. (320)363 4888 Note: The gambling manager duties may not be assumed by an - Bcond: # 4~5AOOt6 0 individual until they are licensed by the Minnesota ompany. U 0 wners Gambling Control Board. Gambling Manager Affidavit and Consent Statement 1. I have never been convicted of a felony or a crime involving gambling. 2. I have never committed a violation of law or Board rule that resulted in the revocation of a license issued by the Board within five years before the date of the license application. 3. I have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. I have never been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (Iii) making terroristic threats. 5. I have never been, or am I now, connected with or engaged in an illegal business. 6. I have never had a sales.and use tax permit revoked by the commissioner of revenue within the past two years. 7. I have never, after demand, failed to file tax returns required by the commissioner of revenue. 8. I do not owe $500 or more in delinquent taxes as defined in section 270.72. . 9. I have been an active member of the organization for at least two years at the time of our organization's initial license application, or have been an active member for at least the most recent six months prior to the effective date of our organization's license renewal. 10. I am not a gambling manager or an assistant gambling manager for another organization. 11. lam not a--les~.orr a member of the lessor's immediate family or a person residing in the same household as the lessor, or an employee of a lessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling. 12. I am not involved directly or indirectly as a bingo hall owner, manufacturer. or distributor. 13. I am not the chief executive officer of this organization. 14. I am not the treasurer of this organization. 15. I was not an officer of an organization at a time when an offense occurred which caused that organization's license to be revoked. j Background Check. By signature of this document, the undersigned authorizes the Departments of Public Safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, I understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of this gambling manager license application, or acts or omissions arising from such application, may be commenced against me or my organization and I will accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. . Changes in the information submitted in this application will be submitted in writing no later than 10 days after the change has taken effect. Date: ~---13-.JS;[L License Number: 3011 License Expiration: 7/31/2007 Premises permit requirements: 1. An annual premises permit fee of $150,2. A separate resolution of approval including the site address from the local unit of government, (The local unit of government does not sign this renewal application) and 3. A LG215 lease agreement for each site your organization does not own is required. Site number 002 JM Speedstop St. Joe 27 W Birch St, St. Joseph, MN 56374 Stearns County ~TownshiP of (if applicable) Gambling account 107660506 ., . . ~ 1st State Bank of St Joseph Organization owns this slte\!V 400 4th Ave NE, St. Joseph, MN 56374 ~oes your organization conduct bingo at thi~e Y !~:l_ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Is the local resolution of approval attached?(y) N: If yes, the attach a list of the days and beginning times of your bingo activities.: [i] -......~_.......--""-..."... =" box if this site has been discontinued or will not - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - - - ... - - - - - _._ v- _ _ .,_,__ Site number 003 Amoco Liquor 21 W Birch St, St. Joseph, MN 56374 ~Township of (if applicable) [i] heck this box if this site has been discont Stearns County Gambling account 107660506 .. . . ..r.\ 1st State Bank of St Joseph Organization owns thiS site: IU/. . 400 4th Ave NE, St. Joseph, MN 56374 ~oes your organization conduct bingo at this site Y!~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Is the local resolution of approval attached?d) N: If yes, the attach a list of the days and beginning times of your bingo activities.: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- < ~ .lLicense Number: 3011 License Expiration: 7/31/2007 Chief Executive Officer's Acknowledgement and Oath I declare that: I have read this application and all information submitted to the Board. All information is true, accurate and complete. All other required information has been fully disclosed. I am the chief executive officer of the organization. I assume full responsibility for the fair and lawful operation of all gambling activities to be conducted. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the Board and agree, if licensed, to abide by those laws and rules, including amendments to them. I certify that the gambling manager is bonded and licensed as required per Minnesota Statutes. I understand that failure to provide required information or providing false or misleading information may result in denial or revocation of the license. I have read this application and declare that all information submitted is true, accurate, and comPle~~~~ 6 tt /Y}Iti/l Signature, in ink, of c~ executive officer A termination plan will be submitted to the Board within 30 days of termination of our gambling operation. Date: ~J2L;fl Mail complete renewal application (all pages), and one check made payable to the State of Minnesota for all renewal fees by: 6/1/2007 to: Gambling Control Board 1711 W Co Rd B #300 S .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~s.ey~I!~,. ~~. .5.5.1.1.3. . . . . . . . . . . . . . . . . . . . .. Licensing Contact: Email: Phone: Fax #: Deb Lewis deb.lewis@gcb.state.mn.us (651 )639-4077 (651) 639-4032 The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public except for your Social Security number, which remains private. If the Board does not issue you a license, all information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, Board staff whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attomey General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. ~~ COUncilAgendaItem~ trry OF ~l'l: J~ltI'tl MEETING DATE: May 17,2007 AGENDA ITEM: Engineering Services, Future Water Storage Facility SUBMITTED BY: Randy Sabart, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: n/a PREVIOUS COUNCIL ACTION: This matter was placed on the May 3, 2007 City Council meeting for consideration and the Council requested that the request for Council action include an estimated cost for Engineering Services. 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 ofthe 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 of the 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 of the Storage facility in 2007. The new water storage facility will be constructed on the same site as the New Maintenance Facility. BUDGET/FISCAL IMPACT: Estimated Engineering fees of$ 133,700 ATTACHMENTS: Engineering Services Scope of Work and Fees REQUESTED COUNCIL ACTION: Authorize SEH to complete Final Design (including Final Scoping, Final Design and Document Preparation) for the future 750,000 elevated water storage tank. C:\Documents and Settings\jweyrens\Local Settings\Temporary Internet Files\OLK57\061 0 051707.doc ~ SEH ReCEIVED MAY 1 4 2007 CITY OF ST. JOSEPH May 10, 2007 RE: Engineering Services for a 750,000 Gallon Elevated Water Storage Tank City of St. Joseph, Minnesota SEH No. STJOE0712.00 Judy Weyrens City Administrator City of St. Joseph 25 College Avenue North St.Joseph, MN 56374 Dear Ms. Weyrens: In accordance with our recent discussions SEH is pleased to submit this proposal for engineering services in conjunction with design and construction of new 750,000-gallon elevated water storage tank and related site work. Our services will be provided in accordance with our current Master Agreement for Engineering Services with the City. Our services will consist of the following phases of tasks: 1. Final Scoping . Hold pre-design meeting with City staff . Verify final tank size and location . Review and determine tank style and amenity options . Finalize schedule for tank design and construction 2. Final Design and Document Preparation . Perform boundary and topographic surveys of selected site . Obtain geotechnical borings and prepare report with recommendations . Develop a detailed design of tank and amenities . Prepare drawings to reflect the final tank design . Prepare Project Manual including specifications and administrative requirements . Submit completed bidding documents for agency review and approval 3. Bidding Services · Prepare advertisement for bid . Distribute bidding documents . Prepare addenda as required . Attend bid opening . Assist with review of bids and contract award Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.com I 320.229.4300 I 800.572.0617 I 320.229.4301 fax Judy Weyrens May 10, 2007 Page 2 4. Contract Administration . Prepare and distribute contract documents . Hold pre-construction conference . Review shop drawings and contractor submittals . Review payment applications . Provide progress reports . Prepare and administer contract modifications as required 5. Resident Project Services . Provide staking for construction . Provide part-time on-site observation of erections and coatings . Coordinate materials testing . Develop and maintain construction records . Assist with placement of tank into service Compensation for our services will be as follows: aration $3,500 $33,500 $4,800 $14,700 $77,200 $133,700 We will bill you monthly for our services. The above amounts do not include the cost of soil borings and materials testing. These tasks may be provided as additional services or can be obtained directly by the City. We will begin our services immediately at your request and anticipate completing the project during the 2009 construction season. We look forward to working with you on the successful delivery of this project. Sincerely, 6~D~ ~AJJ Randy Sabart, PE Principal Steven D. Campbell, PE Principal I Senior Project Manager P:\p1\5\<;yoe\collllllon\con\';yoe0712 750 gallon water tank letter.doc ~~ ClTY OF ~n:J(WWU Council Agenda Item .3 (e..-) MEETING DATE: May 17,2007 AGENDA ITEM: Development Agreement, American Manufacturing SUBMITTED BY: Judy Weyrens BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission on May 7 reviewed the development request of American Manufacturing for the construction of a 7,600 square foot facility. The facility will be used for storage only and will not include any plumbing. The proposed plan has met the requirements of the Industrial Zoning District. The City Attorney is in the process of drafting the Development Agreement. One of the requirements of the Planning Commission was to review past actions of the Planning Commission to make sure that all past requirements have been made. This will be complete before execution of the agreement. PREVIOUS COUNCIL ACTION: BACKGROUND INFORMATION: BUDGET/FISCAL IMPACT: ATTACHMENTS: 1) Site Plan; 2) Application Material REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute a Development Agreement between the City of 8t. Joseph and American Manufacturing to allow the construction of a 7,600 square foot cold storage facility. o u April 30, 2007 ~ceIJ~ 1A0-<f 2 Judy Wehrens, City Administrator 25 North College Avenue City of st. Joseph, MN st. Joseph, MN 56374 Re: AMERICAN MANUFACTURING - NARRATIVE Judy, Attached you will find a site plan, elevations, including the requested details, along with a check in the amount of$500.00. The following narrative describes the proposed expansion of the American Manufacturing Company in St. Joseph, Minnesota. NARRATIVE: American Manufacturing Company requests approval to expand their facilities in the St. Joseph Industrial park to accommodate their growing business. The proposed building will be used for storage of raw materials as well as completed parts. There will be no restroom facilities in the new storage building, therefore, no sewer and/or water hook-up is proposed. Site lighting is proposed as wall pack units matching those approved for the previous addition. These fixtures will not allow any light pollution off the site. There will be no fixtures mounted on light poles, therefore these items are not included in the attached packet. During Construction the construction manager plans to erect a construction site sign describing the project. This sign will be removed at the time the project achieves substantial completion. During the last project (5 years ago), a detention pond was constructed in the north east comer of the site to capture run-off. The existing detention pond shown on the site plan exceeds the capacity requirements for back to back 100 year storm events. All required storm water run-off measures will be taken and will be included in the construction documents to be submitted for permitting. Parking required is shown on the attached Site Plan. The owner is proposing to eliminate the parking at the street side of the building and increase the parking along the north side of the existing building with additional parking at the rear of the building. We believe the elimination of the parking at the front of the building, which will be replaced with grass, will improve the overall physical appearance of this property. In consideration of this, the owner does not plan to add asphalt paving to the existing Class 2 (crushed granite) parking area. This conforms with the ordinance relating to this issue and is helpful in reducing the amount of run-off from the site.. If you should need any further assistance please feel free to contact us. Sincerely, f\ "'dJi nd Schaper. ~ MBA SCHAPER ARCHITECTURE . A DIVISION OF FMS . 8605 NE RIVER ROAD; RICE, MN 56367 PHONE: 320.393.3463 FAX: 320.393.3463 WWW.SCHAPERARCHITECTURE.COM C:\PUBLlC\AMERICAN MANU\New Building submittal 50207.doc PROPOSED BUILDING /;" u.l ,2 u.l > <( :r f- 01 '---;,"'J" '-;,\1-11',111,'\" ::r.:';i., .... 73u IIJTH AVE NE EXISTING BUILDING II.127SQ.fT 1 ----.... "n",; ~.. . ~: :;0, ..., .~': ~.'\' ,\ \' 76 O' a+ a+ \ PROPOSED BUILDI~G 1hlJllSQ. FT a I " o IlFI1\TI0" PO.I;[) A'c.!lI:plh",.51i t \ t 24'-0' 1 1 DF.rENTiO, PONO TOTAL IMPERVIOUS SURFACE AREA DRAINING TO DETENTIO~ P01\D 1,.311 SQ. Ff. RAINAMOUNTlN ItItI YEAR STOR,\ EVE1\T j 75 in.!sq n. ".m 1i':,q.1i x.m TOTAL AMOC~T OF RUXOFF IN liIIl YE,IR STORM EVE,T I,.m n; fT. ~)(, n;. YO CALULATION FOR TWO BACK TO BACK STORM EVE,TS X2 TWO I'" YEAR BACK TO BACK STOR~1 EVE,'TS PRODCCES m C~. Hl DETENTiOX POND SHOWN liAS 919 CU. YD. CAPACITY OR ALMOST TWlrE nlE REQUIRED 'OLUI!E. 1 I"'" nC~ t ",..". "",. 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The intoxicating licenses are issued for July 1 to June 30. The license holder must complete an application and the Police Chief and Administrator are required to sign the applications verifying the information. Once the Council approves the license it is then forwarded to Minnesota Alcohol and Gambling Control and they review the license as well. At this time the Council is considering the following types of licenses: On-Sale Intoxicating, Off-Sale Intoxicating, Wine and Club. As you may recall the malt liquor licenses are issued in December of each year with a term beginning January 1 and ending December 31. At the same time as the malt liquor licenses, the cigarette and . amusement licenses are considered. The City breaks the liquor license fee into two payments, with the first payment due with the intoxicating license. BUDGET/FISCAL IMPACT: ATTACHMENTS: List of requested licenses REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the On/Off Sale Intoxicating Licenses, Wine Licenses and Club License as requested by the license holders. 200<1'20oeLIQUOR LICENSE APPLICATIONS INTOXICATING 'LICENSES EFFECTIVE 07-01-07 to 06'-30-08 NAME OFF- SALE ON- SALE SUNDA Y WINE CLUB College of S1. Benedict Haehn Campus Center X X 37 College Ave S . Stonehouse Tavern & Eatery LLC Stonehouse Tavern & Eatery X X 2010 CSAH 75 E Loso's Inc. Loso's Main Street Pub X X X 21 Minnesota St W PO Box 596 La Playette, Inc. La Playette X X X 16 College Ave N PO Box 472 EI Paso,Club & Lanes, Inc. EI Paso Club & Lanes X X X 200 - 2nd Ave NW PO Box 58 BIP, Inc. Sal's Bar & Grill X X X 109 Minnesota St W 31164 - 115th Ave Sf. Joe Amoco Liquor, Inc. Sf. Joe Amoco Liquor X 21 Birch St W PO Box 634 Hollander's of Sf. Joseph, Inc. Sf. Joseph Liquor Shoppe X 225 Cedar St E PO Box 637 American Legion Post 328 John Kuebelbeck Post 328 X X 101 Minnesota St W PO Box 381 Trobec's Enterprises, Inc. Trobec's Event Center X X 213 - 20th Ave SE 1 Central Ave S, Sf. Stephen, MN 56375 Prego, Inc. The Local Blend x I, 19 Minnesota St W 12822 Co Rd 51 Bo Diddley's, Inc. X Bo Diddley's 19 College Ave N 3021 - 29th St S, SC 56301 ~~ err'\' OINiT. J("~fWU Council Agenda Item '3 ( ~) . MEETING DATE: May 17, 2007 AGENDA ITEM: Capital Equipment Purchase SUBMITTED BY: Jim Marthaler, Maintenance Supervisor BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/ A PREVIOUS COUNCIL ACTION: N/A BACKGROUND INFORMATION: The following equipment is being requested by the Maintenance Staff: Check Valves & Safety Net - The current check valves at the Ridgewood Road Lift Station are over 15 years old and in need of repair. The staff has checked into repairing the existing valves and in addition to being costly there is no guarantee that once repaired they would function. For the same site a safety net needs to be installed on the hatch. This is an OSHA requirement that we need to address. Total cost of Check valves and safety net - $ 6,459.00. Gas Monitor's (2) - The current monitors are over 10 years old and are not very safe nor compliant with OSHA requirements. Therefore we are requesting the purchase of two at a total cost of $ 2,907.45. Manhole Lift Cover - This manhole cover lifting tool was endorsed by the League of Minnesota Cities at a recent loss control workshop. Over 85 percent of Work Comp claims are related to back injuries from removing manhole covers. With over 600 sanitary sewer manhole cover's in the City, with each weighing approximately 135 pounds, this would be an asset to the employees. We will be budgeting for the purchase of a second tool in 2008. Total cost - $ 1,252.39 BUDGET/FISCAL IMP ACT: $ 10,618.84 to be expended from the Sewer Fund ATTACHMENTS: REQUESTED COUNCIL ACTION: Authorize purchase of above described equipment. ~ (:1'1"\' OFS1:JO$IWU Council Agenda Item ~ MEETING DATE: May 17,2007 AGENDA ITEM: Development Agreement - TIP 2-1 SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council on May 3,2007 approved the TIP plan for the project known as Millstream Shops and Lofts. BACKGROUND INFORMATION: The last step in the TIP process is the execution ofa Development Agreement. This agreement finalizes the terms and conditions of the financing. Just a reminder that the TIP is pay-as-you-go and there is no risk to the City. BUDGET/FISCAL IMPACT: ATTACHMENTS: REQUESTED COUNCIL ACTION: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ST. JOSEPH, MINNESOTA AND COLLEGEVILLE DEVELOPMENT GROUP, LLC This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 2023157vl TABLE o.F t.:ONTI!:NTS Pa2e ARTICLE I. DEFINITIONS................................................................................................. 2 Section 1.1 Definitions............................................................................................ 2 ARTICLE II. REPRESENTATIONS AND WARRANTIES................................................ 4 Section 2.1 Representations and Warranties of the City......................................... 4 Section 2.2 Representations and Warranties of the Developer............................... 4 ARTICLE III. UNDERTAKINGS BY DEVELOPER AND CITy....................................... 6 Section 3.1 Development Property and Site Improvements ................................... 6 Section 3.2 Reimbursement: Tax Increment Revenue Note................................... 6 Section 3.3 Business Subsidies Act ....................... ................... .............................. 7 ARTICLE IV. EVENTS OF DEFAULT ................................................................................. 9 Section 4.1 Events of Default Defined.. ........ ............... ............... ............ ............... 9 Section 4.2 Remedies on Default .............. ........... ........... ....................... ................. 9 Section 4.3 No Remedy Exclusive.... ........................ ............................................ 10 Section 4.4 No Implied Waiver ............................................................................ 10 Section 4.5 Agreement to Pay Attorney's Fees and Expenses.............................. 10 Section 4.6 Indemnification of City.................. ............................ ........................ 10 ARTICLE V. ADDITIONAL PROVISIONS ...................................................................... 12 Section 5.1 Restrictions on Use ....... ....... ....................... ................................ ....... 12 Section 5.2 Conflicts of Interest..... ......................... ............ ..... ...... .... ........... ........ 12 Section 5.3 Titles of Articles and Sections.... ............. ............. ............................. 12 Section 5.4 Notices and Demands ........................................................................ 12 Section 5.5 Counterparts....................................................................................... 13 Section 5.6 Law Governing.................................................................................. 13 Section 5.7 Expiration........................................................................................... 13 Section 5.8 Provisions Surviving Rescission or Expiration.................................. 13 Section 5.9 Assignability of Agreement and Note........ ...... .................................. 13 EXHIBIT A Description of Development Property.................................................................. A-I EXHIBIT B Form of Tax Increment Note.................... ............................................ .......... ....... B-1 EXHIBIT C Site Improvements................................................................................................. C-l 2023157vl -1- DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the _ day of May, 2007, by and between the City of St. Joseph, Minnesota (the "City"), a municipal corporation organized and existing under the laws of the State of Minnesota and Collegeville Development Group, LLC (the "Developer"), a Minnesota limited liability company under the laws of the United States of America. WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.134, the City has formed Development District No. 2 (the "Development District") and has adopted. a development program therefor (the "Development Program"); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1799, as amended (hereinafter, the "Tax Increment Act"), the City has created within the Development District, Tax Increment Financing District No. 2-1 (the "Tax Increment District"), and has adopted a tax increment financing plan therefor (the "Tax Increment Plan") which provides for the use of tax increment financing in connection with certain development within the Development District; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of certain costs of a Project (as hereinafter defined) to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, apply to this Agreement; and WHEREAS, the City had adopted criteria for awarding business subsidies that comply with the Business Subsidy Law, after a public hearing for which notice was published; and WHEREAS, the Council has approved this Agreement as a subsidy agreement under the Business Subsidy Law. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2023157vl ARTICLE 1. DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of St. Joseph, Minnesota; County means Stearns County, Minnesota; Developer means Collegeville Development Group, LLC, its successors and assigns; Development District means the real property described in the Development Program for Development District No.2; Development Program means the development program approved in connection with the Development District; Development Property means the real property legally described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof; Note Payment Date means August 1, 2009, and each February 1 and August 1 of each year thereafter to and including February 1,2035; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Person means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in St. Paul, Minnesota, as its "prime rate" or "reference rate" or any successor rate, which rate shall change as and when that rate or successor rate changes; Proiect means the construction ofa retail/commercial project, including approximately 16 condominium units and approximately 10,820 square feet of commercial space to be constructed on the Development Property; 2023157vl 2 Site Improvements means the site improvements to be undertaken on the Development Property as identified on Exhibit C attached hereto; State means the State of Minnesota; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1799, as amended; Tax Increment District means Tax Increment Financing District No. 2-1, located within the Development District, which was qualified as a redevelopment district under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the City Council; Tax Increment Note means the Tax Increment Revenue Note (Mill Stream Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B; Tax Increments means 90% of the tax increments derived from the Development Property which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Termination Date means the earlier of (i) February 1, 2035, (ii) the date the Reimbursement Amount is paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in accordance with its terms; and Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, delays in delivery of materials for the construction of the Project, the soil conditions of the Development Property, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. 2023157vl 3 ARTICLE II. REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District is a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for the costs of the Development Property and certain Site Improvements in connection with the Project as further provided in this Agreement. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited liability company and has power to enter into this Agreement and to perform its obligations hereunder and is not in violation of its articles or bylaws or the laws of the State. (2) The Developer shall cause the Project to be installed in accordance with the terms of this Agreement, the Development Program, and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Project would not be undertaken by the Developer, and in the OpInIOn of the Developer would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (5) The Developer will cooperate with the City with respect to any litigation commenced with respect to the Project. 2023157vl 4 (6) The Developer will cooperate with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction of the Project. (7) The construction of the Project will commence on or before , 2007 and, barring Unavoidable Delays, the Project will be substantially completed by December 31,2009. 2023157vl 5 ARTICLE III. UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Development Property and Site Improvements. The costs of the Development Property, the Site Improvements and the Project shall be paid by the Developer. The City shall reimburse the Developer for the lesser of $467,000 or the costs of the Development Property and the Site Improvements actually paid by the Developer (the "Reimbursement Amount") as further provided in Section 3.2 hereof. Section 3.2 Reimbursement: Tax Increment Revenue Note. The City shall reimburse the Developer for the costs identified in Section 3.1 through the issuance of the City's Tax Increment Revenue Note in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions: (1) The Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the Developer has incurred and paid the cost of the Development Property and the Site Improvements, as described in and limited by Section 3.1 and shall have submitted a closing statement, purchase agreement and paid invoices for such costs in an amount not less than the Reimbursement Amount. (2) The unpaid principal amount of the Note shall bear simple, non-compounding interest from the date of issuance of the Note, at 8.25% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. (3) The principal amount of the Note and the interest thereon shall be payable solely from the Tax Increments. (4) On each Note Payment Date and subject to the provisions of the Note, the City shall pay, against the principal and interest outstanding on the Note, Tax Increments received by the City during the preceding 6 months. All such payments shall be applied first to accrued interest and then to reduce the principal of the Note. (5) The Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal and interest on the Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Note. (6) The City's obligation to make payments on the Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been rescinded pursuant to Section 4.2(b). (7) The Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the Note and 2023157vl 6 the terms of this Section 3.2, the terms of the Note shall govern. The issuance of the Note pursuant and subj ect to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the Note may require in connection therewith, are hereby authorized and approved by the City. Section 3.3 Business Subsidies Act. (1) In order to satisfy the provisions of Minnesota Statutes, Sections 116J.993 to 116J.995 (the "Business Subsidies Act"), the Developer acknowledges and agrees that the amount of the "Business Subsidy" granted to the Developer under this Agreement is the Reimbursement Amount which is the amount of the Development Property and the Site Improvements reimbursed by the City, and that the Business Subsidy is needed because the Project is not sufficiently feasible for the Developer to undertake without the Business Subsidy. The Tax Increment District is a "redevelopment" district and the public purpose of the Business Subsidy is to retain and develop new jobs within the City and encourage the construction of the Site Improvements and to develop commercial facilities in the City. The Developer agrees that it will meet the following goals (the "Goals"): It will create at least _ full-time equivalent jobs at an average wage of at least $ per hour plus benefits in connection with the development of the Development Property within two years from the "Benefit Date", which is the earlier of the date the Developer completes construction of the Project or occupies the Project. (2) If the Goals are not met, the Developer agrees to repay all or a part of the Business Subsidy to the City, plus interest ("Interest") set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in part, the Developer will repay a portion of the Business Subsidy (plus Interest) determined by multiplying the Business Subsidy by a fraction, the numerator of which is the number of jobs in the Goals which were not created at the wage level set forth above and the denominator of which is _ L-J (i.e. number of jobs set forth in the Goals). (3) The Developer agrees to (i) report its progress on achieving the Goals to the City until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals are not met, until the date the Business Subsidy is repaid, (ii) include in the report the information required in Section l16J.994, Subdivision 7 of the Business Subsidies Act on forms developed by the Minnesota Department of Employment and Economic Development, and (iii) send completed reports to the City. The Developer agrees to file these reports no later than March 1 of each year commencing March 1, 2008, and within 30 days after the deadline for meeting the Goals. The City agrees that if it does not receive the reports, it will mail the Developer a warning within one week of the required filing date. If within 14 days of the post marked date of the warning the reports are not made, the Developer agrees to pay to the City a penalty of$100 for each subsequent day until the report is filed up to a maximum of$l,OOO. (4) The Developer agrees to continue operations within the City for at least five (5) years after the Benefit Date. (5) There are no other state or local government agenCIes providing financial assistance for the Project other than the City. 2023157vl 7 (6) There is no parent corporation of the Developer. (7) The Developer certifies that it does not appear on the Minnesota Department of Employment and Economic Development's list of recipients that have failed to meet the terms of a business subsidy agreement. 2023157vl 8 ARTICLE IV. EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement anyone or more of the following events: (a) Failure by the Developer to timely pay any ad valorem real property taxes assessed with respect to the Development Property. (b) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement. (c) Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. (d) If the Developer shall (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or ofthe Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take anyone or more of the following actions after the giving of thirty (30) days' written notice to the Developer citing with specificity the item or items of default and notifying the Developer that it has thirty (30) days within which to cure said Event of Default. If the Event of Default has not been cured within said thirty (30) days: 2023157vl 9 (a) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement, and no interest shall accrue on the Note while performance is suspended in accordance with this Section 4.2. (b) The City may cancel and rescind the Agreement. ( c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Proj ect, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly 2023157vl 10 arising from the actions or inactions of the Developer (or if other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. 2023157vl 11 ARTICLE V. ADDITIONAL PROVISIONS Section 5.1 Restrictions on Use. The Developer agrees for itself, its successor and assigns and every successor in interest to the Development Property, or any part thereof, that the Developer and its successors and assigns shall operate, or cause to be operated, the Project as a retaiVcommercial facility and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 5.2 Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 5.3 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 5.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (a) in the case of the Developer is addressed to or delivered personally to: Collegeville Development Group, LLC 1015 West Germain Street Suite 340 St. Cloud, Minnesota 56301 (b) in the case of the City is addressed to or delivered personally to the City at: City ofSt. Joseph, Minnesota St. Joseph City Hall 25 College Avenue North P.O. Box 668 St. Joseph, Minnesota 56374-0668 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. 2023157vl 12 Section 5.5 Counterparts. This Agreement may be executed III any number of counterparts, each of which shall constitute one and the same instrument. Section 5.6 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 5.7 Expiration. This Agreement shall expire on the Termination Date. Section 5.8 Provisions Surviving Rescission or Expiration. Sections 3.3, 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 5.9 Assignability of Agreement and Note. This Agreement and the Note may be assigned only with the consent of the City which consent shall not be unreasonably withheld but only if (1) the Developer delivers to the City reasonable evidence that all of the obligations of the Developer under this Agreement will remain in effect and will be enforceable against the existing Developer; or (2) the transferee Person assumes in writing all of the obligations of the Developer under this Agreement. 2023157vl 13 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed on its behalf, on or as of the date first above written. CITY OF ST. JOSEPH, MINNESOTA By Its Mayor By Its Administrator-Clerk (SEAL) This is a signature page to the Development Agreement by and between the City of St. Joseph and Collegeville Development Group, LLC. 2023157vl S-l COLLEGEVILLE DEVELOPMENT GROUP, LLC By Its This is a signature page to the Development Agreement by and between the City of St. Joseph and Collegeville Development Group, LLC. 2023157vl S-2 EXHIBIT A Description of Development Property Legal Description [If the plat will be approved by the time we finalize this agreement & we have new Parcel ID numbers or we know what the new legal description will be we can use that, otherwise we'll have to use the old legal description/Parcel ID numbers] 2023157vl A-I EXHIBIT B Form of Tax Increment Note No. R-1 $ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF STEARNS CITY OF ST. JOSEPH TAX INCREMENT REVENUE NOTE (MILL STREAM PROJECT) The City of St. Joseph, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts") to Collegeville Development Group, LLC (the "Developer") or its registered assigns (the "Registered Owner"), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof; provided that the sum of the principal amount listed above shall in no event exceed $467,000 as provided in that certain Development Agreement, dated as of May _, 2007 as the same may be amended from time to time (the "Development Agreement"), by and between the City and the Developer. The unpaid principal amount hereof shall bear interest from the date of this Note at the simple non-compounded rate of eight and twenty-five hundredths percent (8.25%) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The amounts due under this Note shall be payable on August 1, 2009, and on each February 1 and August 1 thereafter to and including February 1,2035, or, if the first should not be a Business Day (as defined in the Development Agreement), the next succeeding Business Day (the "Payment Dates"). On each Payment Date the City shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the Tax Increments (hereinafter defined) received by the City during the six month period preceding such Payment Date. All payments made by the City under this Note shall first be applied to accrued interest and then to principal. The Payment Amounts due hereon shall be payable solely from 90% of tax increments (the "Tax Increments") from the Development Property within the City's Tax Increment Financing District No. 2-1 (the "Tax Increment District") within its Development District No.2 which are paid to the City and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections 469.174 through 469.1799, as the same may be amended or supplemented from time to time (the "Tax Increment Act"). This Note shall terminate and be of 2023157vl B-1 no further force and effect following the last Payment Date defined above, on any date upon which the City shall have terminated the Development Agreement under Section 4.2(b) thereof or the Developer shall have terminated the Development Agreement under Article V thereof, the date the Tax Increment District is terminated, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The City makes no representation or covenant, express or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The City's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable if said Event of Default shall thereafter have been cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the City elects to cancel and rescind the Development Agreement, the City shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation ofthe City and is payable by the City only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation ofthe City of St. Joseph, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of this Note and no property or other asset of the City, save and except the above-referenced Tax Increments, is or shall be a source of payment of the City's obligations hereunder. This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note may be assigned only with the consent of the City. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional or statutory limitation thereon. 2023157vl B-2 IN WITNESS WHEREOF, City ofSt. Joseph, Minnesota, by its. City Council, has caused this Note to be executed by the manual signatures of its Mayor and Administrator-Clerk and has caused this Note to be dated as of Administrator-Clerk 2023157vl Mayor B-3 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note was registered in the name of Collegeville Development Group, LLC, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNER DATE OF REGISTRATION SIGNATURE OF CITY ADMINISTRATOR-CLERK Collegeville Development Group, LLC 1015 West St. Germain Street Suite 340 St. Cloud, Minnesota 56301 2023157vl B-4 EXHIBIT C Site Improvements Landscaping, including irrigation Foundations and Footings CJrading/earthvvork Engineering Survey Environmental Testing Soil Borings Site Preparation On Site Utilities Storm Water/Ponding Outdoor Lighting Parking, Drivevvay and Sidevvalk Improvements [Add or delete reimbursable items] 2023157vl C-l ~~ CITY OF S'I: JOSEI," Council Agenda Item o MEETING DATE: May 17,2007 AGENDA ITEM: 2007 East Side Improvements SUBMITTED BY: Tracy Eko1a, City Engineer BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/ A PREVIOUS COUNCIL ACTION: Approved plans and specs and authorized Advertisement BACKGROUND INFORMATION: Typically the City Council is requested to approve the lowest responsible bidder at the next Council meeting after which they are opened. However, in the case of the 2007 East Side Improvements, the Council will not be awarding the project to a contractor until after the Final Assessment Hearing. The bids that were opened were for the 2007 East Side Improvements (Mill and Overlay). The bids came in lower than the Engineer's Estimate and the proposed assessment rolls have been adjusted to reflect such. The final assessment hearing for the 2007 East Side Improvement has been scheduled for May 31, 2007 in the Council Chambers. It is the intent to wait until after the contention waiting period before awarding the contract. Therefore the bid is anticipated being awarded the first Thursday in July. The late award date was included in the bid documents. Before the assessment hearing you will receive revised assessment worksheets with the final assessment amounts. As you can see from the enclosed, the Engineer's Estimate was $ 422,201 and the lowest bid was $ 316,797.61. BUDGET/FISCAL IMP ACT: $316,797.61 ATTACHMENTS: Bid Tabulation REQUESTED COUNCIL ACTION: For Information Only. Final Assessment Hearing is scheduled for May 31, 2007. Council to consider awarding project to Hardrives, Inc., pending outcome of Final Assessment Hearing. C:\Documents and Settings\jweyrens\LocaI Settings\Temporary Internet FiIes\OLK57\07 I 0 recommend-051707 .doc SEH TABULATION OF BIDS PROJECT NO.: A-5T JOE 0710 NAME: 2007 EAST SIDE IMPROVEMENTS OWNER: ST. JOSEPH, MN BID DATE: TUESDAY, MAY 8, 2007@ 11:00 A.M. Page 1 1.00 LUMP SUM MOBILIZATION 2 1.00 LUMP SUM TRAFFIC CONTROL 3 34.00 EACH INLET PROTECTION 4 50.00 L1N FT REMOVE & REPLACE CURB AND GUTTER 5 56.25 SO FT F & I SIGN PANELS - STOP AND STREET SIGNS $10,000.00 $5,000.00 $150.00 $30.00 $40.00 $1,500.00 $5,500.00 $10,000.00 $1,500.00 $1,635.00 $1,500.00 $5,100.00 $5,000.00 $1,635.00 $54.50 $1,853.00 $50.00 $1,500.00 $2,250.00 $19.60 $980.00 $21.00 $61.31 $3,448.69 $41.00 $5.500.00 $1,597.64 $1,700.00 $1,500.00 $1,597.64 $26.63 $905.42 $1,050.00 $2,306.25 $28.03 $1,401.50 $42.60 $2,396.25 6 6,620.00 SO YO RECLAIM BITUMINOUS PAVEMENT 7 . 100.00 L1N FT SAWCUT BITUMINOUS PAVEMENT 8 520.00 CU YO COMMON EXCAVATION (EV) (P) 9 6,620.00 SO YO AGGREGATE BASE PREPARATION 10 840.00 TON TYPE LVWE45030C WEARING COURSE MIXTURE 11 660.00 TON TYPE L VNW35030C BASE COURSE MIXTURE 12 340.00 GAL BITUMINOUS MATERIAL FOR TACK COAT 13 6.00 EACH ADJUST EXISTING MANHOLE CASTING 14 5.00 EACH ADJUST VALVE BOX 15 3.00 EACH REPLACE MH CASTING 16 1.00 EACH PAVEMENT MESSAGE (STOP) $3.00 $5.00 $10.00 $6.00 $59.00 $51.50 $2.00 $230.00 $150.00 $300.00 $125.00 $19,860.00 $500.00 $5,200.00 $39,720.00 $49,560.00 $33,990.00 $680.00 $1,380.00 $750.00 $900.00 $125.00 $0.50 $3,310.00 $0.99 $3.85 $385.00 $1.50 $7.50 $3,900.00 $6.00 $0.48 $3,177.60 $0.56 $54.00 $45,360.00 $54.66 $47.00 $31,020.00 $54.79 $1.75 $595.00 $2.00 $175.00 $1,050.00 $235.00 $150.00 $750.00 $130.00 $275.00 $825.00 $355.00 $133.00 $133.00 $125.00 $6,553.80 $150.00 $3,120.00 $3,707.20 $45,914.40 $36,161.40 $680.00 $1,410.00 $650.00 $1,065.00 $125.00 $0.35 $2,317.00 $2.34 $234.00 $7.46 . $3,879.20 $0.93 $6,156.60 $57.17 $48,022.80 $51.18 $33,778.80 $1.87 $635.80 $213.02 $1,278.12 $159.76 $798.80 $426.04 $1,278.12 $271.60 $271.60 17 7,020.00 SO YO MILL BITUMINOUS PAVEMENT 18 300.00 SO YO BITUMINOUS PATCH 19 1,000.00 POUND ROUT & SEAL PAVEMENT CRACKS 20 2,455.00 TON TYPE LVWE45030C WEARING COURSE MIXTURE 21 280.00 TON TYPE LVNW35030C BASE COURSE MIXTURE 22 1,000.00 GAL BITUMINOUS MATERIAL FOR TACK COAT 23 39.00 EACH ADJUST EXISTING MANHOLE CASTING 24 23.00 EACH ADJUST VALVE BOX & CLEAN OUT 25 5.00 EACH SALVAGE AND REPLACE MH CASTING 26 11.00 EACH PAVEMENT MESSAGE (STOP) AND STOP BAR 27 2.00 EACH CROSSWALK $1.50 $17.00 $2.50 $59.00 $51.50 $2.00 $230.00 $150.00 $300.00 $125.00 $250.00 $10,530.00 $5,100.00 $2,500.00 $144,845.00 $14,420.00 $2,000.00 $8,970.00 $3,450.00 $1,500.00 $1,375.00 $500.00 $1.00 $7,020.00 $1.16 $7.60 $2,280.00 $11.00 $2.07 $2,070.00 $1.00 $54.00 $132,570.00 $54.66 $48.00 $13,440.00 $54.79 $1.75 $1,750.00 $2.00 $175.00 $6,825.00 $110.00 $150.00 $3,450.00 $105.00 $225.00 $1,125.00 $210.00 $133.00 $1,463.00 $125.00 $279.00 $558.00 $7.15 $8,143.20 $3,300.00 $1,000.00 $134,190.30 $15,341.20 $2,000.00 $4,290.00 $2,415.00 $1,050.00 $1,375.00 $14.30 $1.22 $8,564.40 $10.57 $3,171.00 $1.70 $1,700.00 $56.91 $139,714.05 $50.20 $14,056.00 $1.87 $1,870.00 $213.02 $8,307.78 $213.02 $4,899.46 $426.04 $2,130.20 $271.60 $2,987.60 $622.02 $1,244.04 28 60.00 L1N FT 1" COPPER TYPE K 29 1.00 EACH 1" CURB BOX AND STOP, I" CORP STOP $19.00 $300.00 $1,140.00 $300.00 $13.08 $784.80 $12.36 $142.00 $142.00 $133.90 Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302.1717 SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0817 I 320.229.4301 fax $741.60 $133.90 $21.30 $1,278.00 $159.76 $159.76 5/14/2007 SEH TABULATION OF BIDS PROJECT NO.: A-5T JOE 0710 NAME: 2007 EAST SIDE IMPROVEMENTS OWNER: ST. JOSEPH, MN BID DATE: TUESDAY, MAY 8, 2007@ 11:00 A.M. Page 2 UNIT DESCRIPTION ENGINEER'S ESTIMATE UNIT COST TOTAL 1 HARDRIVES INC. UNIT COST TOTAL 2 ASTECH CORPORATION UNIT COST TOTAL 3 KNIFE RIVER CORP UNIT COST TOTAL ITEM QUANTITY 30 1.00 EACH CONNECT TO EXISTING WATER MAIN 20.00 UN FT REMOVE& REPLACE CURB AND GUTTER 100.00 SO YD MNDOT #270 SEED MIX AND FUTERRA BLANKET 31 32 $1,000.00 $30.00 $3.00 $1,000.00 $164.00 $600.00 $19.60 $300.00 $2.13 $164.00 $154.50 $392.00 $21.00 $213.00 $1.60 $154.50 $2,662.73 $420.00 $32.29 $160.00 $2.61 $2,662.73 $645.80 $261.00 33 400.00 CU YD COMMON EXCAVATION (EV) (P) 215.00 CU YO AGGREGATE BASE (CV), CLASS 5 (P) 154.00 UN FT BIOROLL PROTECTION 34 35 36 110.00 TON TYPE LVWE45030C WEARING COURSE MIXTURE 110.00 TON TYPE LVNW35030C BASE COURSE MIXTURE 73.00 GAL BITUMINOUS MATERIAL FOR TACK COAT 20.00 MGAL WATER 37 38 39 40 514.00 UN FT CONCRETE CURB AND GUTTER, DESIGN B618 1.00 EACH DRAINAGE STRUCTURE - DESIGN H 1.00 EACH DRAINAGE STRUCTURE - 48" DIA 181.00 UN FT 12" RCP STORM SEWER CLASS 5 1.00 EACH 12" RCP STORM SEWER CLASS 5 - APRON 480.00 SQ YO MNDOT #270 SEED MIX AND FUTERRA BLANKET 250.00 CU YO TOPSOIL BORROW (LV) 41 42 43 44 45 46 47 701.00 UN FT 4" SOUD WHITE UNE- EPOXY (PARKING LANES) 2.00 EACH ADA PARKING SIGN & POST 48 49 2.00 EACH ADA PAVEMENT MARKINGS 50 5.00 EACH 9" DIA. BOLLARDS 51 112.00 SQ YO REMOVE BITUMINOUS TRAIL 52 8.00 UN FT SAWCUT BITUMINOUS TRAIL 53 18.00 UN FT REMOVE CURB & GUTTER GRAND TOTAL BID $10.00 $19.50 $5.00 $61.50 $55.00 $2.00 $30.00 $15.00 $1,200.00 $1,800.00 $28.00 $650.00 $4.00 $12.00 $1.50 $400.00 $175.00 $75.00 $4.00 $10.00 $10.00 $4,000.00 $4,192.50 $18.00 $770.00 $4.90 $6,765.00 $56.00 $6,050.00 $51.00 $146.00 $1.75 $600.00 $25.00 $7,710.00 $11.44 $1,200.00 $1,526.00 $1,800.00 $1,744.00 $5,068.00 $25.62 $650.00 $420.00 $1,920.00 $2.13 $3,000.00 $4.36 $1,051.50 $3.11 $800.00 $218.00 $350.00 $175.00 $375.00 $600.00 $448.00 $3.00 $80.00 $3.82 $180.00 $6.54 $422,201.00 $3,870.00 $15.20 $754.60 $3.50 $6,160.00 $54.66 $5,610.00 $54.79 $127.75 $2.00 $500.00 $0.01 $5,880.16 $11.10 $1,526.00 $1,442.00 $1,744.00 $1,648.00 $4,637.22 $24.21 $420.00 $396.55 $1,022.40 $1.60 $1,090.00 $4.00 $2,180.11 $2.90 $436.00 $200.00 $350.00 $130.00 $3,000.00 $500.00 $336.00 $2.75 $30.56 $1.50 $117.72 $6.10 $316,797.61 I Short Elliott Hendrickson Inc., 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 SEH is an equal opportunity employer I www.sehinc.comI320.229.4300 I 800.572.0617 I 320.229.4301 fax $3,268.00 $26.70 $539.00 $4.79 $6,012.60 $59.73 $6,026.90 $53.64 $146.00 $1.87 $0.20 $56.51 $5,705.40 $12.20 $1,442.00 $1,278.11 $1,648.00 $1,278.11 $4,382.01 $27.62 $396.55 $585.80 $768.00 $2.61 $1,000.00 $12.78 $2,032.90 $1.60 $400.00 $2.67 $260.00 $138.46 $2,500.00 $489.94 $308.00 $2.79 $12.00 $2.66 $109.80 $5.33 $325,979.41 $5,740.50 $737.66 $6,570.30 $5,900.40 $136.51 $1,130.20 $6,270.80 $1,278.11 $1,278.11 $4,999.22 $585.80 $1,252.80 $3,195.00 $1,121.60 $5.34 $276.92 $2,449.70 $312.48 $21.28 $95.94 $351,313.09 5/14/2007 ~ el'l'Y OF ST. JO.>t. Council Agenda Item 7 MEETING DATE: May 17,2007 AGENDA ITEM: Comprehensive Plan Admendment SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The EDA requested the Director update the chapter in the Comprehensive Plan regarding Economic Development. The entire chapter was updated with new statistics and current information. The Board recommended the Planning Commission conduct the required public hearing to Amend the EDA Chapter. On May 7,2007 the St. Joseph Planning Commission conducted the Public Hearing for the amendment to Chapter 11 of the St. Joseph Comprehensive Plan at which time no one present wished to speak. Therefore the Planning Commission unanimously recommended the Council accept the updated Chapter 11 as recommended by the St. Joseph EDA and St. Joseph Planning Commission. PREVIOUS COUNCIL ACTION: In 2002 the City Council accepted the Planning Commission's recommendation and updated the Comprehensive Plan. Over the past five years minor amendments have been approved. BACKGROUND INFORMATION: BUDGET/FISCAL IMP ACT: ATTACHMENTS: 1) PC Resolution recommending approval; 2) Hearing Notice; 3) Memo from EDA Director; 4) Revised Chapter REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2007-025 Amending Section 11 of the 2002 St. Joseph Comprehensive Plan as recommended by the Planning Commission and St. Joseph Economic Development Authority. Resolution 2007-025 Approving the Amendment of Section 11 of the 2002 St. Joseph Comprehensive Plan Relating to Economic Development WHEREAS, Pursuant to Minnesota Statutes 462.355, Subd. 2; The S1. Joseph Planning Commission reviewed chapter 11 of the S1. Joseph Comprehensive Plan and during such review considered the following: 1. The Comprehensive Plan is based on local and regional historical facts, trends, and governmental planning standards; 2. The Comprehensive Plan is a planning tool intended to guide the future growth and development of the City; and WHEREAS, the proposed amendment is reflective of the economic development process conducted by the S1. Joseph Economic Development Authority; and WHEREAS, the Planning Commission has conducted a public hearing on the proposed amendment on May 7, 2007 and notice of the hearing was duly published in the S1. Joseph Newsleader and the amendment was on file for review by the public; and WHEREAS, the Planning Commission has unanimously recommended the City Council accept the revised section 11 as presented, amending the 2002 S1. Joseph Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED, that the S1. Joseph City Council hereby accepts the recommendation of the Planning Commission amending section 11 ofthe 2002 Comprehensive Plan as submitted by the S1. Joseph Economic Development Authority and S1. Joseph Planning Commission. Adopted this day of ,2007. Richard CarIb om, Mayor ATTTEST Judy Weyrens, Administrator CITY OF ST. JOSEPH, MINNESOTA PLANNING COMMISSION RESOLUTION A RESOLUTION RECOMMENDING APPROVAL OF THE AMENDMENT OF SECTION 11 OF THE 2002 CITY OF ST. JOSEPH COMPREHENSIVE PLAN RELATING TO ECONOMIC DEVELOPMENT. WHEREAS, Pursuant to Minnesota Statute 462.355, Subd. 2; The S1. Joseph Planning Commission may, recommend to the City Council the adoption and amendment from time to time of a comprehensive municipal plan. WHEREAS, The proposed Comprehensive Plan Amendment is based on local and regional historical facts, trends, and governmental planning standards; and, WHEREAS, The Comprehensive Plan is a planning tool intended to guide the future growth and development of the city; and, WHEREAS, The attached document (Exhibit A) presents the Comprehensive Plan amendment for St. Joseph, Minnesota and is reflective of a economic development planning process conducted by the S1. Joseph Economic DevelopmentAuthority; and, WHEREAS, Before adopting the comprehensive plan amendment the planning agency shall hold at least one public hearing thereon; and, WHEREAS, A notice of the time, place and purpose of a hearing on the proposed Comprehensive Plan amendment was published once in the official newspaper of the municipality at least ten days before the day of the hearing with a copy of the notice posted for public viewing; and, WHEREAS, A copy of the proposed Comprehensive Plan amendment is on display at the City Offices for public review; and, WHEREAS, A public hearing by the S1. Joseph Planning Commission was held in the manner described in the public notice; and, WHEREAS, The proposed comprehensive plan amendment may not be acted upon by the City Council until it has received the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED the Planning Commission of the City of St. Joseph, Minnesota hereby recommends the City Council approve an amendment to the 2002 Comprehensive Plan relating to Section 11, Economic Development Plan. The motion for the adoption of the foregoing resolution was duly made by Commissioner , and duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor: And the following voted against the same: Whereupon said resolution was declared duly passed and adopted this _ day of _.2007. Planning Commission Chair ATTEST: City Administrator www.cityofstjoseph.com CITY Of ST. JOSEPH Public Hearing City of Sf. Joseph Administrdtor ludy Weyrens The St. Joseph Planning Commission will be conducting a public hearing on Monday, May 7, 2007 at 7:05 PM in the S1. Joseph City Hall. The purpose of the hearing is to consider an Amendment to the Economic Development portion of the Comprehensive Plan. Mdyor Richdrd Cdrlbom 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 S1. Joseph, PO Box 668, St. Joseph, MN 56374. Councilors Steve Frdnk AI Rdssier Renee Symdnietz Ddle Wick Judy Weyrens Administrator Publish: April 27, 2007 2" College Avenue North. PO Box 668 . Sdint. Joseph, Minnesotd ,,6174 Phone )20.)6).7201 FdX )20.)6).0)42 Administrator Judy Weyrens Mayor Richard Carlbom Councilors Steve Frank AI Rassier Renee Symdnietz Ddle Wick CITY OF ST. JOSEPH \'(!\'(!\'(!. cityofstj oseph .com DATE: May 2, 2007 MEMO TO: Planning Commission Administrator Weyrens FROM: Cynthia Smith-Strack Municipal Development Group RE: Update of Economic Development Chapter of 2002 Comprehensive Plan Background: One of the EDA's goals for 2007 was to update the Economic Development Plan included in the 2002 Comprehensive Plan. The EDA Board has reviewed statistical information and trend data related to the local economy, reflected on the data and established specific comprehensive initiatives, goals and strategies. Attached please find the draft Comprehensive Plan section amendment. Cynthia Smith-Strack will attend the PC meeting to provide a summary of the plan. Action: This item is for public hearing. Following the hearing and discussion the PC may consider the attached RESOLUTION recommending the City Council approve the Comprehensive Plan update. L') College Avenue North. PO Box 668 . Sdint. Joseph, Minnesotd ')6574 Phone 1LO.161.7LOI Fax 1LO.161.014L eCONOMIC .D8V8LC>PMENT I. INTRODUCTION The City of St. Joseph and the St. Joseph Economic Development Authority have made a conscious decision to identify a connection between economic development and quality of life. By working together, the City,the..EDAand the community. can help to maintain a strong economy by creating and. retaining desirable jobs, which provide a good. standard of living for individuals. Increased personal income and wealth can increase the tax base so as to allow the City of St. Joseph to provide the level of services residents expect. The City and EDAfind a balanced, healthy economy is essential for the community's well-being. This portion of the Comprehensive Plan will: · Provide an overview of economic development and economic trends in St. Joseph; · Summarize existing economic development related projects; · Provide an assessment of commercial development and establish goals for future (re) development; and · Provide an assessment of industrial development and establish goals for future (re) development. II. ECONOMIC DEVELOPMENT OVERVIEW A. Location. The City of St. Joseph is located in Central Minnesota in Stearns County within the St. Cloud Metropolitan Statistical Area (MSA). Interstate 94 (25,000 average daily trafficLe. adt) and Stearns County Highway 75 (22,500 adt) traverse the City of St. Joseph which is on the urban fringe of the MSA. Through traffic (employment and retail destination) typically traverses the City en route to establishments within the core ofthe St. Cloud MSA progressing to the east in the morning and the west in the afternoon. B. Population. The 2005 Census ACS estimates the St. Cloud MSA has a population of 173,000 of which 26.7% are under the age of 20 and 11 % are aged 65 or older. The Minnesota Demographer's Office projects the population of the St. Cloud MSA will increase to 222,330 persons by the year 2030. Within St. Joseph the 2005 estimated population (Mn. Demographer's Office) was 5,604 up 16% from the 2000 Census estimate of 4,815 persons. The 2030 projected population for St. Joseph as per the Mn. Demographer is 7,511 persons a 56% increase over Census 2000. The City is on pace to reach the projection at this time. A five mile trade area contains a population of over 12,000 as per 2000 Census Data updated by estimate increase in MSA as illustrated in the U.S. Census Annual Community Survey (ACS). The City of St. Joseph and communities south and west of the City of St. Joseph such as Cold Spring, Avon and Albany are continuing to experience growth within residential sectors, although the pace of residential growth has somewhat slowed representative of the housing market slowdown that has swept across the nation. The St. Joseph population data and the five mile trade area include the College of St. Benedict (within City of St. Joseph corporate limits) and the University of St. John's in Collegeville. The private liberal arts institutions' enrollments total over 3,900 students. City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 1 C. Economic Snapshot. Following is a summary of some important findings about the local economy. The findings are discussed in detail later in this Chapter. Most.economic. indicators suggest. St Joseph and region are performihg moderately well and should continue to attract additional develqpmerttif.desired. 1. Growth in personal income when indexed over time within the St. Cloud MSA and Stearns County significantly exceeds the state average and is much greater than the national average, indicating the area economy is performing well. 2. The rate of change in wages in St. Joseph when indexed over time is markedly lower than that within Stearns County and the Stateasa whole. 3. The rate of growth . in employment positions within the City of StJoseph when indexed overtime has outpaced that within Steams CountyandtheState of Minnesota. 4. Job indices reveal: . Declines in the number of establishments in the following sectors: wholesale trade, professional business services and health care/social assistance. . Increases in the number of establishments in . the following sectors (by rate of growth): leisure/hospitality, construction, manufacturing and professional/technical services. . Declines in the number of jobs in the following sectors: retail trade and health care/social assistance. . Increases in the number of jobs in the following sectors (by rate of. growth): transportation/warehousing, professional technical services, education and manufacturing. 5. The State of Minnesota Department of Employment and Economic Development (DEED) projects employment growth to be fastest in the following three occupational sectors within Central Minnesota: . Computer and math-related fields including computer support l:ipecialists, computer software engineers, and systems analysts. . I Community and social services fields including social workers and social/human services assistants. . Healthcare support fields including home health aides, nursing aides and attendants, medical assistants, and medical transcriptionists 6. The largest increase in the labor force is forecast to occur in the availability of laborers over the age of 65. 7. The rate of growth in the labor force in Stearns County/St. Cloud MSA when indexed over time is consistent with the state average but far greater than the national average. 8. When comparing specific industry sectors, a greater percentage of those living within one mile of the center of the City of St. Joseph (compared to those living within five and ten miles of the City) work within the following sectors: construction, tranl:iportation/warehousing and education. Conversely a lower percentage work within the following sectors: wholesale trade, retail trade, healthcare/social services and accommodations/food service. 9. When comparing specific industry sectors, more workers within one mile of the center of the City (compared to five and ten miles from the center) are employed in the following industry sectors: construction, wholesale trade, transportation/warehousing and accommodations/food service. City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 2 Conversely, there were fewer workers within one mile of the center of St.Jos~ph(compared to five and ten miles of center) in the following industry sectors: manufacturing, retail trade, finance/insurance,professional/scientific/technical services, administration, educational services and healthcare/socialassistance. 10.Mn. DEED finds a difficult, competitive market for Greater Minnesota jobseekers in the following occupations due primarily to slack hiring: advertising, marketing, PR,and salesmanC)gers;operations specialists managers; art and design workers; supervisors,building, .groundscleaning.and maintenance workers; supervisors/sales workers; . material recording, scheduling,dispatching and distributing workers; construction trade workers; electrical. and electronic equipment mechanics, installers and . repairers; assemblers and fabricators; and, material moving workers. 11. Mn. DEED finds job opportunities (as per vacancy by industry) are greatest in the retail trade sector. 12. Historicalunemployment data shows the unemploymentrate intheSt. Cloud MSAhas typically been equal to or greater than the state average but consistently below the national average. 13.St. Joseph trails only Waite Park when cOmpared to selected cities (i.e. Sartell, Sauk Rapids, St. Augusta and Waite Park) for percentage of market value attributed to commercial/industrial development. 14. Population to employment ratio analysis indicates potential growth opportunities in the. following industry sectors: retail trade, wholesale trade, manufacturing, professional business services and education/health services. Conversely, within the City at this time it appears supply exceeds demand in the following sectors: accommodations/food service, construction, trade/transportation/utilities and leisure/hospitality. In addition, the data implies the City of St. Joseph is highly dependent upon food services/accommodations, trade/transportation/utilities and leisure and hospitality businesses. 15.$ales tax analysis indicates actual sales within Stearns County are greater than potential sales meaning the County has a retail trade surplus. The dollar value of this surplus (and pull factor) was $233,958,249 in 2004 (most recent data available). The pull factor also means neighboring counties have fewer retailers that pose direct competition to businesses within Stearns County than vice-versa. 16.According to the National Building Cost Manual, published annually by Craftsman Books, construption costs in Minnesota in 2006 were two (2) percent above the national average, constructions co~tS, in the St. Cloud MSA were three (3) percent above the national average and construction costs in the Minneapolis/St. Paul MSA were 14.5% above the national average. City of 51. Joseph Comprehensive Plan, 2007 Chapter 11; Page 3 III. ECONOMIC TRENDS Economic trends can be important indicators as to the economic health of the community. Following is a summary of several economic indicators including income/wages, labor force and commercial and industrial construction. A. ST. JOSEPH TRADE AREA: INCOME As stated.above, the estimated population within a five-mile trade area for 81. Joseph is 12,000. Income data within the trade area is an important consideration when building an economic profile and analyzing consumer choices . within the trade ar~a. The.' Census. 2005. American. Community' Survey estimates income based on various geographic units including state, MSA and county. Table 11...1 illustrates the 2005 ACS profile for selected geographies. TABLE 11...1 2005 COMMUNITY SURVEY INCOME PROFILE: COUNTY, STATE AND NATION Area Median Per Familv Income Capita Income Stearns County $ 57,240 $ 23,699 S1. Cloud MSA $ 57,966 $23,610 Minnesota . $ 63;998 $ 27,248 United States $ 55,832 $ 25,0'35 Personal income trends provide a measure of economic activity for a local area over time. When compared' to state and national trends, it provides an indication of how well the local area's economy is performing. Personal income within the Stearns County and the S1.Cloud MSA can be indexed to determine rate of growth over a period of time. In addition, the indices can be compared to state and national averages to determine whether personal income in a given geography is increasing more or less rapidly. Table 11-2 below illustrates personal income trends for the S1. Cloud MSA. It is noted the indexed growth .in personClI income in the S1. Cloud MSA and Stearns County significantly exceeds the state average. and is much greater than the national average. The data indicates the area economy is performing well. TABLE 11-2 PERSONAL INCOME TRENDS: 1996 - 2004 1996 1997 1998 1999 2000 2001 2002 2003 2004 Stearns County 20,275 20,852 23,218 23,924 25,138 25,301 26,453 27,255 28,877 Index 130% 134% 149% 154% 161% 162% 170% 175% 185% St. Cloud MSA 20,198 20,803 23,131 23,876 25,108 25,546 26,489 27,195 28,770 Index 131% 135% 150% 155% 163% 166% 172% 177% 187% Minnesota 25,716 26,953 28,993 30,106 32,017 32,616 33,237 34,256 36,184 Index 129% 136% 146% 151% 161% 164% 167% 172% 182% U.S. (billions) 24,175 25,334 26,883 27,939 29,845 30,574 30,810 31 ,484 33,050 Index 124% 130% 138% 143% 153% 157% 158% 162% 170% Source: U.S. Bureau of Economic Statistics City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 4 B. ST. JOSEPH EMPLOYMENT SECTOR: 1.WQges The employment sector of the City of St. Joseph can be reviewed in terms of number.. of . business establishments, number of employees and wages. A discussion of the City's employment sector differs markedly from that of the trade area and indexed income. Table 11-3 illustrates selected. employment sector statistics for selected geographic areas. The City employment sector data is based on the most currentdata.availableat the time of the drafting of this chapter {second quarter 2006)Jrom DEED. Table illustrates average hourly wages paid in St. Joseph are higher than those for the other municipalities surveyed, however total annual wqges are lower than those in other municipalities. TABU: 11..3 EMPLOYMENT SECTOR STATISTICS: LOCAL AND REGIONAL Cold Spring Sartell Sauk Rapids St. Augusta Waite Park Stearns County St. Cloud MSA state of MN. Population Average Ave rCJg e Number.6f Number of (2095) Weekly Hourly Establishments EmplQyees Wage Wa e 3,693 $ 547.00 $ 13.68 148 3,317 $ 23.66 13,225 $ 599.00 $ 14.98 2~1 3,520 $ 27.43 12,470 $ 578.00 $ 14.45 367 6,271 $ 47.10 2,950 Data not available 6,775 $ 576.00 $ 14.40 403 7,357 $ 55.19 142,684 $ 616.00 $ 15.40 4,636 79,703 $ 638.53 173,000 $ 661.00 $ 16.53 2,211 51,973 $ 446.45 5,205,091 $ 789.00 $ 19.73 172,845 2,695,025 $ 27,627.41 Area Wages paid within the City of St. Joseph can be reviewed historically and indexed as a means of comparing the rate of change in wages within the City, Stearns County and the State of Minnesota. Table 11-4 illustrates the indexed rate of change in wages in St. Joseph is markedly lower than that within Stearns County and the State as a whole. TABLE 11-4 WAGE INDEX: 1996 - 2006 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 St. Joseph MthlyWages . $44~ $444 $46E $49E $51 $529 $547 $547 $541 $580 $578 St. Joseph Hourly Wage $11.05 $11.1C $11.7C $12.4e $12.8~ $13.2 $13.68 $13.68 $13.53 $14.5C $14.45 Index 1000;' 100% 106% 113% 116% 120% 124% 124% 122% 131% 131% Stearns County Wkly Wages $44C $457 $51~ $509 $53C $54E $574 $589 $613 $612 $635 Stearns Hourly WaQe $11.0C $11.43 $12.80 $12.73 $13.2e $13.7C $14.35 $14.73 $15.33 $15:30 $15.88 Index 100o/c 104% 116% 116% 120% 125% 130% 134% 139% 139% 144% Minnesota Weekly WaQe $55E $582 $617 $664 $681 $704 $720 $742 $777 $785 $828 Minnesota Hourly WaQe $13.8E $14.55 $15.4'l $16.60 $17.03 $17 .6C $18.00 $18.55 $19.4~ $19.6'l $20.70 Index 100% 105% 111% 120% 123% 127% 130% 134% 140% 141% 149% Source: DEED City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 5 2. Existing Employment: An analysis of local ernployers provides insight into the types of larger businesses in the area that may provide drawing power. Existinq Emplovment Profile The MinnesotaDepartment ofEmploymentancl Economic Development (DEED) local employment data reveals a labor force within theSt. Cloud. MSA of1 05,996 persons as of January 2007. During the same period>an estimated 99,691 persons were employed resulting in an unemployment rate of 5.9% above that of Rochester and Minneapolis MSA's but below that within the Duluth MSA. Historically unemployment rates within the St. Cloud MSA have mirrored state averages and been below national averages. Most recent quarterly data (Second . quarter, 2006) from the Minnesota Quarterly Census of Employment and Wages (QCEW) compiled by the Department of EmploymenLand Economic Development (DEED) iIIwstrates 133 establishments within' St. . Joseph withiemplOymentopportunitiesfor1,900 . persons and an annual payroll of$15 million. The QCEW data reveals that 29 establishments (22%) are within the 'goods producing'domain and 104 establishments (78%) are within the 'service providing' domain. Of the 1,900 jobs available withinSt. Joseph 19% (367 jobs) are within the 'goods producing' domain and 81%(1,535 jobs) are within the 'service providing' domain. . The 'goods producing' and 'service providing' domains are the broadest categories within the North American Industry Classification System (NAICS). The 'goods producing' domain is comprised of two' supersectors _ manufacturing and a cluster including mining, natural resources and construction. Employment opportunities within the 'goods producing' domain are generally higher paying jobs. The 'service providing' domain is comprised of several supersectors: trade, transportation and utilities; information; financial activities; professional and business services; educational and health services; leisure and hospitality; other services; and government. The NAICS has been designed to more accurately capture the composition of an Information Age economy in which a manufacturing-based labor market has transitioned into a services centered one. On average expansion of the commercial sector follows growth of the residential sector, however, this is not the case in St. Joseph. St. Joseph has historically derived significant commercial development opportunities due to its proximity to Interstate 94. The ratio of commercial to residential land use when compared to similar cities is weighted toward a higher percentage of commercial development. The vast majority of commercial development opportunities within the City of St. Joseph are vehicular-oriented uses as opposed to pedestrian oriented uses. In general in the future, the City of St. Joseph may reasonably be expected to move toward a more typically ratio of residential to commercial growth. Industrial uses comprise approximately one and a half percent of all land uses within the City of St. Joseph, slightly lower than cities of similar size. It is noted this industrial land use calculation is based on tax classification and not land use classification. This means several 'industrial' type land uses may carry a 'commercial' tax classification. Future demand for industrial land will likely be influenced by the St. Joseph Economic Development Authority's participation in land development, employment of financial incentives and business retention and recruitment efforts. Maior Emplovers The major employers in the City of St. Joseph are identified in Table 11-5 which follows. City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 6 TABLE 11-5 MAJOR EMPLOYERS- ST. JOSEPH 2006 Emplover College of St.Benedict Convent of St. Benedict W.Gohman Construction Fabral Scherer& Sons Trucking City of St.Joseph LaPlayette Bar & Restaurant St.. Joseph Parish/School Source: City ofSt.Joseph Product/Service Private College Monastery Nonresidential Construction Fabricated Structural Metal Trucking Service City Government Bar/Restaurant Church/Private School #ofEmplovees 440 102 40 36 27 26 25 23 Historical Growth in Emplovment The historical. growth in employment opportunities within the City of St. Joseph can be indexed and compared to that within Stearns County and the State of Minnesota. Table 11-6 reveals the indexed rate ofgrowth in employment positions within the City of St. Joseph has outpaced that within Stearns County and the State of Minnesota. TABLE 11-6 JOB GROWTH INDEX: 1996 - 2006 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 St. Joseph 93 103 104 107 114 118 125 126 126 132 135 Index 100% 111% 112% 115% 123% 127% 134% 135% 135% 142% 145% Stearns Count'.! 3,662 3,777 3,839 3,919 3,980 3;999 4,036 4,161 4,245 4,420 4,620 Index 100% 100% 102% 104% 105% 106% 107% 110% 112% 117% 122% Minnesota 141,863 147,411 149,871 152,500 156,086 156,322 156,785 158,459 160,548 166,261 173,064 Index 100% 104% 106% 107% 110% 110% 111% 112% 113% 117% 122% Source: DEED Further breaking out job growth by industry can assist the City in determining sectors that are performing well and may provide opportunities for additional spin-off, complimentary business development and/or economic development drawing power. Table 11-7 below illustrates job indices by number of establishments and number of jobs. The table compares the City of St. Joseph to Stearns County and the State of Minnesota. Table 11-7 reveals: . 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C') lO r- r- 0) IX!. co_ O ri ri ri ri N c;:; c;:; Z' N .,..... <3 C; C') v C; C') v C; N C') 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 N N N N N N N N N N N 3. EmploymenfForecast: A report issuedinM~y2005bythe Minnesota..DepartmentofEmploymentand Economic.Development indicates thatemploymentwithin Central Minnesota is expected to expand 20,8 percent . between 2002 and 2012 adding an estimated 59,000 jobs over the ten year period bringing the area total to over 320,000 jobs. The Central Minnesota area is defined as Benton County,Chisago County,lsanti County, Kanabec County, Kandiyohi County, McLeod County ,Meeker. County, . Mille. Lacs County, Pine County, Renville County,. Sherburne. County,Stearns County, and Stearns. County. Employment growth is projected to. be fastest in three . occupational sectors: . Computer and Math-Related fields are expected to expand by 55 percent over the decade. Growth...leadingoccupations will include computer support specialists,computer software engineers, and systems analysts. . Community and Social Services fields are expected to grow oy37percentoverthedecade. The top gainers will include social workersan~ social and human services assistants. . Healthcare Support fields are expected to expand by 32 percentoverthedecade. The strongest performers will include home health aides, nursing aides and attendants, medical assistants, and medical transcriptionists. The Department of Employment and Economic Development (DEED) indicates that overall the future job market favors "knowledge"workers and service-:producing ...jobs. Many farming-related ..occupations, production occupations and other blue collar fields are expected to add a minimal number of jobs or decline. These Minnesota regional projections employ the same trend analysis used by the U.S. Department of Labor in national employment projections. Both nationally and in Minnesota,employment projections are widely used in educational program planning and career guidance. 4. Labor Force: Labor force data provide important information on the size and stability of a local economy. Size/Proiected Size of Labor Force Employers within St. Joseph are likely drawing from an available labor force including Benton, Sherburne and Stearns Counties. The number of people available within Benton, Sherburne and Stearns counties labor force has been steadily increasing over the past fifteen (15) years. Thattrend, as indicated in Table 11-8 is projected to continue through the year 2030 based on information from the Minnesota Department of Employment and Economic Development (DEED). It is further noted the largest increase in the labor force is forecast to occur in the availability of laborers over the age of 65, TABLE 11-8 PROJECTED LABOR FORCE: SHERBURNE, BENTON AND STEARNS COUNTIES AREA/YEAR 2010 2015 2020 2025 2030 Sherburne 50,050 55,690 59,970 63,730 67,270 Stearns 87,550 91 ,280 93,950 96,890 100,460 Benton 22,920 23,790 24,280 24,530 24,790 Total 160,520 170,760 178,200 185,150 192,520 Source: Mn. Demographer's Office Rate of Growth of Labor Force The rate growth within the labor force can be indexed over time and compared to state and national averages. Table 11-9 examines the rate of labor force growth from 1996 - 2004 for Stearns County,the St. Cloud MSA, the State of Minnesota and the nation. The data, when indexed over time, reveals the rate of growth in the labor force in Stearns County/St. Cloud MSA is consistent with the state average but far greater than the national average. City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 10 TABl..E11 ~9 RATE OF LABOR FORCE GROWTH: 1996 - 2004 1996 1997 1998 1999 2000 2001 2002 2003 2004 Stearns Cou nty 75,593 ]4,958 75,670 78,647 78,237 80,185 80,713 81,108 81,585 Index 115% 114% 115% 120% 119% 122% 12;3% 124% 124% .. St. Cloud MSA 95,571 94;874 95;835 99,794 98,805 101,606 102,579 103,301 104,079 . Index 116% 115% 116% 121% 120% 123% 124% 125% 126% Minnesota 2,670,174 2,694,348 2,731,715 2,763,825 2,807,668 2,866,023 2,895,535 2,925,900 2,941,552 Index 112% 113% 114% 116% 117% 120% 121% 122% 123% U.S. (thousands' 133,943 136;297 137,673 139,368 142,583 143,734 144,863 146,510 147,401 Index 106% 108% 109% 111% 113% 114% 115% 116% 117% Source: U.S. Bureau of Economic Statistics Commute Shed: Where Residents of the S1. Joseph Area Work The U.S. Census Bureau reports selected employment data on a regular basis. The data allows the assembly of information related to commute and labor sheds. MDG conducted a search of data for the area included in the following figure. The concentric ring study areas compare data in radii of one to five to ten miles as illustrated in Figure 11.1. Table 11-10 compares the places residents within one mile of the center ofS1. Joseph work as compared to those within five and ten miles of the City. Highlighted areas reveal sectors where those residing in the center of the City of S1. Joseph differ from those residing further from the core of the City. Figure 11-1 Concentric Rings: 1,5 and 10 miles City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 11 TABLE 1140 COMMUTE SHED: WHERE RESIDENTS OF ST. JOSEPH AREA WORK ONE, FIVE AND TEN MILE CONCENTRIC RINGS Resident Held Jobs b 10 mile radius Count Share 52,288 100.0% 45,381 86.8% 47,910 91.6% 41,558 79.5% 5 mile radius Count Share 9,077 100.0% 8,074 89.0% 8,397 92.5% 7,453 82.1 % 10 mile radius Count Share 41,558 100.0% 5 mile radius Count Share 7,453 100.0% One mile radius Count . Share 56 100.0% 501 88.8% 521 92,4% 460 81.6% One l11i1eradius Count Share 460 100.0% hen one mile radius of center of St. Joseph is compared to five and ten mil adius of S1. Joseph. One mile radius Count Snare 0.0% 0.0% 0.0% City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 12 Census data from 2003 reveals the vast majority of jobs held are within the private sector. When comparing those living within one mile of the center of St. Joseph to those living within five and ten miles, a larger percentage work within Stearns and Sherburne Counties and a lower percentage work within Hennepin County. Of those working in Stearns County, a larger percentage residing within one mile of the center of St. Joseph (as compared to those within five and ten miles) work within the City of St. Joseph or adjacent unincorporated areas than the City of St. Cloud. When comparing specific industry sectors, a greater percentage of those living within one mile of the center of the City of St. Joseph (compared to those living within five and ten miles of the City) work within the following sectors: construction, transportation/warehousing and education. Conversely a lower percentage work within the following sectors: wholesale trade, retail trade, health care/social services and accommodations/food service. Labor Shed: Where Emplovees workina within the St. Joseph Area Live MDG also conducted a search of labor shed data for the area included in Figure 11.1 as illustrated above. The concentric ring study areas compare data in radii of one to five to ten miles. Table 11-11 compares the characteristics of those working within the St. Joseph area including where they live, their age and their income. Highlighted areas reveal sectors where those residing in the center ofthe City of St. Joseph differ from those residing further from the core of the City. City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 13 TABLE 11",11 LABORSHED:WHEREEMPLOYEESINST. JOSEPHAREALlVE ONE, FIVEANDTEN<MILECONCENTRIC RINGS Resident Held Jobsb 10 mile radius Count Share 2,585 100.0% 59 154100.0% 10 mile radius Count Share 51,240 100.0% 10 mile radius Count . Share 16 0.3% 61 0.1% 47 0.9% City of St. Joseph Comprehensive Plan, 2007 5 mile radius Count Share 656 100.0% 13,670100.0% 5 mile radius Count Share 12,984 100.0% 5 mile radius Count Share .5,073 39.1 % 5,136 39.6% 2,77 2104% 5 mile radius Count Share 14 0.1% 5 0.0% o 0.0% One mile radius Count Share 63 100.0% 709 100.0% One mile.radius Count Share 687 100.0% One mile radius Count Share 24 36.0% 305 44,4% 13 19.7% One mile radius Count Share 8 1.2% o 0.0% o 0.0% Chapter 11, Page 14 The labor Shed data from the U. S. Census data reveals that there are more workers under theag~of 34 working. within one. mile of the center of St. Joseph as compared to those working within five and ten milesofthe City. The data also reveals there are more workers within one mile ofthe center of the Gity (comparedto five and ten miles from the center) in the following industry sectors: construction, wholesale trade, transportation/warehousing and accommodations/food service. Conversely, there were fewer workers within one mile of the center of St. Joseph (compared to five and ten miles of center) in the following industry sectors: manufacturing, retail trade, finance/insurance, professional/scientific/technical services, administration, educational services and healthcare/social assistance. 5. Job Market Job/Skill Retraininq Opportunities DEED has identified eleven (11) occupations with significant challenges for re-employment in greater Minnesota. As of the drafting of this chapter of the Comprehensive Plan, the data has not been subdivided for classification by DEED Economic Development or Planning Region. The information is included for consideration in potential job re-training programs subsequent to unemployment. The following occupations have insured unemployment rates that exceed job vacancy rates by at least two percentage points. The difference suggests a difficult, competitive market for Greater Minnesota jobseekers in the following occupations due primarily to slack hiring: City of S1. Joseph Comprehensive Plan, 2007 Chapter 11, Page 15 . Advertising, Marketing, .PR, and Sales Managers . Operations$pecialistsManagers . Art and Design Workers . Superyisors,Building,GroundS Cleanil'lgand Maintenance Workers . Supervisors,SalesWorkers . Other Sales and Related Workers . Material Recording,Scheduling, Dispatching and Distributing Workers . Construction Trade Workers . Electrical and Electronic Equipment Mechanics, Installers and Repairers . Assemblers and Fabricators . Material Moving Workers Job Opportunities (As pervacancv bv industry) According to DEED, the industry with the most vacanciesinthe Central Planning Region in 2006 (second quarter). is retail trade. At the same time .thereal estate industry hadthe highest job vacancy rateat8.6 percent despite having theJargestdecreasein vacancies over the year.. Compared to one . year ago the mat'!ufacturingandeducational services industries had the largest increase in vacancies. Table 11-12 illustrates the number of job vacancies, the Job class vacancy rate and median wages for selected industries in the Central Planning Region. The information has been compiled by DEED. TABLE 11-12 JOB V ACANCIESAND MEDIAN WAGES BY INDUSTRY AND REGION, SECOND QUARTER 2006 State of Minnesota Central Planning Region Number Job Median Number Job Median Industry of Vacancy Wage of Vacancy Wage Vacancies Rate Vacancies Rate Accommodation 8,398 3.90% $6.50 855 4.00% $6.50 Administrative & Support 2,830 3.80% $10.00 212 3.30% $8.00 AQriculture 403 2.30% $10.00 143 3.90% $10.00 Arts and Entertainment 1,093 2.20% $8.00 240 3.90% $6.15 Construction 2,572 1.90% $12.00 233 1.40% $17.31 Educational Services 4,368 2.10% $17.36 465 2.10% $18.11 Finance '& Insurance 3,184 2.30% $12.02 94 1.30% $15.63 Healthcare 9,330 2.50% $12.00 1,039 2.70% $9.71 Information 1,026 1.60% $15.00 43 1.10% $11.54 ManaQement 1,208 2.00% $13.00 24 2.40% $15.62 Manufacturing 7,684 2.20% $12.85 1,248 2.90% $12.00 MininQ 71 1.30% $15.85 0 0.00% $0.00 Other Services 2,714 3.20% $9.00 230 2.90% $7.50 Prot, Scientific & Tech. Svs. 2,915 2.50% $21.63 46 0.90% $26.44 Public Admin 1,287 1.10% $14.58 84 0.70% $13.46 Real Estate 840 2.20% $9.00 188 8.60% $7.00 Retail Trade 8,OM 2.70% $7.25 1,340 3.90% $7.25 Transportation & Warehousing 2,649 2.60% $16.83 123 1.50% $24.04 Utilities 104 0.80% $26.44 53 2.30% $33.00 Wholesale Trade 3,497 2.90% $14.42 451 4.80% $14.42 TOTAL 64,237 2.50% $10.00 7,111 2.80% $9.00 City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 16 6. Unemployment According ..to the most current data available at the time of the drafting of this chapter, the Minnesota Department of Employment and. Economic Developmentestimates 100;996 people inlhe labor for ce. in theSt.Cloud .. MSAin.January,Z007, with 99,691 employed, resulting . in a 5.9% unemployment. rate. During this same time perioclMinnesotahad an unemployment rateof5A%and the United States unemployment rate was 5. 0%. Table 11-13 provides historical labor force statistics. TABLE 11-13 ST. .CLOUDMSA -UNEMPLOYMENT RATES Year Labor Force Employment Rate MN US 2006 105;408 1 01 ,114 4.1% 4.0% 4;6% 2005 105,119 1 00,621 4.3% 4.1% 5.1% 2004 104,079 99,332 4.6% 4.6% 5.6% 2003 103,301 98,336 4,8% 4.8% 6.0% 2002 102,579 97,939 4.5% 4.5% 5.8% 2001 101,606 97,582 4.0% 3.8% 4.7% 2000 98,805 95,680 3.2% 3.1% 4.0% 1999 99,794 96,844 3.0% 2.8% 4.2% 1998 95,835 92,768 3.2% 2.7% 4.5% 1997 94,874 90,924 4.2% 3.3% 4.9% 1996 95,571 90,873 4.9% 3.9.% 5A% 1995 93,707 89,795 4.2% 3.7% 5.6% Source: Minnesota Workforce Center Historical data contained in the table above reveals the unemployment rate in the St. Cloud MSA has typically been equal to or greater than the state average but consistently below the national average. C. COMMERCIALlINDUSTRIAl TAX BASE Over the past several years, St. Joseph's tax base has consisted of approximately 68% residential (single and multiple-family) assessed market value and 16.5% commercial/industrial assessed market value. The following table compares the assessed values for residential and commercial/industrial properties within several cities in Stearns County. St. Joseph trails only Waite Park when compared to selected cities for percentage of market value attributed to commerciallindustrial development. TABLE 11-14 ASSESSED MARKET VALUES PAYABLE 2006 $118,108,800 $92,324,167 $15,515,13 $38,430,46 $289,455,60 13.92% $608,579,00 14.24% $457,597,60 6.70% $159,746,200 16.46% $158,778,60 48.41% $197,070,64 Total City Ta Rat " Percen " " Percen CommerclalC "IResldentlaIR"d t" I ommercla eSI en la 30.26 41.25 19.25 48.58 51.1 City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 17 D. ECONOMIC ANALYSIS: Population/Emplovment Ratio A common measure used . to assessanarea'sperfoi"mance.. in . capturing local markets as well as establishing. the area's.. relative level of dependence on a particular industry is the. population/employment ratio. TheRE ratio istheamountof persons.a single employee serves within a given geographic area and a given employment sector. Population serves as . a surrogate for regional demand for a. particular. industry and employment measures the region's ability to supply the industry's product producing a simple measure of area supply and demand..ln this case iftheP:E ratio for a given industry in St. Joseph is equal to the Minnesota average demand is relatively equal to<supply and the local establishments are . capturing local markets. On the other hand, if the localR:Eratio is larger than the State average demand is likely greater than supply and . the City is not capturing . local markets, . meaning expansion . potential may be present. Conversely, iftheP:E ratio in St. Joseph is less than the State average, dernand is less than supply and the City is not only capturing local demand but is importing demand for other areas within the County. Table 11-15 illustrates P: E ratios for selected industry sectors for< the City of St. Joseph compared to adjacent communities. TABLE 11-15 POPULATION TO EMPLOYMENTRATIO: ST. JOSEPH COMPARED TO MN. AVERAGE The smaller the PE ratio the more dependent the area is on that industry sector The larger the PE ratio the less dependent the area is on that industry sector Source: Bureau of Labor Statistics and DEED P:E ratio analysis indicates potential growth opportunities in the following industry sectors: retail trade, wholesale trade, manufacturing, professional business services and education/health services. Conversely, within the City at this time it appears supply exceeds demand in the following sectors: accommodations/food service, construction, trade/transportation/utilities and leisure/hospitality. In addition, the data implies the City of St. Joseph is highly dependent upon food services/accommodations, trade/transportation/utilities and leisure and hospitality businesses. Sales Tax Trends Understanding economic development trends demands analysis of the existing retail market's strengths and weaknesses. Understanding the performance of the local retail market can help the City foster a more conducive environment for retail business development. One of the best sources of data. regarding retail market strengths/weaknesses is drawn from sales tax receipts. Table 11-16 below illustrates sales tax trend analysis for Stearns County (smallest geographic area with reportable data). City oJ 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 18 Sales tax trend analysis reveals that each Minnesotan spends an average of $11,722 per year on retail purchases. To determine the local trade area captured (Le.Stearns County)totaLtaxable .saleswithin the County are divided by the average . ($11,722). dollars. spent on retail purchases following. an adjustment reflecting the ratiootthe per capita income within. Stearns County as compared to the state average (Le. 0.80). The trade area captured is expressed in terms of the number of customers serviced .in aparticular county which in this case is 165,790. A "pull factor" is a method of measuring of the relative strength of the County's retail market. Pull factors compare the trade area captured to the actual population within the County. Pull factors greater than one (Le. 1.18 in Stearns County) result from drawing in tourists or customers from surrounding counties. Potential. sales analysis provides an estimate of retail sales the County (i.e. Stearns) should achieve itit were performing on par with the statewide. adjusted per capita retail expenditure. The potential sales data can then be compared to the trade area captured to determine the estimated surplus (or leakage) in. retail sales within the County. Actual sales within Stearns County are greater than potential sales meaning the County has a. retail. trade surplus. The dollar value. of this surplus (and. pull factor) was $233,958,249 in 2004 (most recent data available). The pull factor also means neighboring counties have fewer retailers that pose direct competition to businesses within Stearns County than vice-versa. Estimate State Per Capita Expenditures (2004) State per capita expenditure $ 60,309,541,847 population 5,145,106 Per Capita Expenditures $ 11,722 Index of Income Stearns Co. per capita income $ 28,877 State per capita income $ 36,184 Index of Income 0.80 Trade Area Captured Taxable sales: Stearns County $ 1,554,708,811 State per capita sales $ 11,722 Index of income 0.80 Trade area captured 165,790 Pull Factor Trade Area Captured 165,790 County population 140,841 Pull Factor 1.18 Potential Sales State per capita sales $ 11 ,722 County population 140,841 Index of income 0.80 Potential Sales $ 1,320,750,562 Surplus or (Leakage) Actual sales $ 1,554,708,811 Potential sales $ 1,320,750,562 Surplus or (IeakaQe) $ 233,958,249 TABLE 11-16 SALES TAX TRENDS: STEARNS C.OUNTY Source: Mn. Department of Revenue City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 19 Traffic Patterns and Buildina Activitv Street and highway traffic patterns provide indications of the movementof people to and throughtheCity. Major activity generators include industries, the College, medical facilities and schools. Retailerstypically seek locations of major arteries and often require minimum . average daily counts to survive. Businesses like convenience stores,.gas stations, fast food restaurants and the like are Jikely to require large amounts of traffic and access/visibility from high traffic streets. While high traffic counts are desirable, extreme traffic congestion can be a deterrent to shoppers. High traffic mayhind~rvisibility, parking and pedestrian friendliness. Table 11-17 illustrates current traffic counts at various points within the City ofSt. Joseph and forecast traffic counts included in .theCity's 200TTransportationPlan. The forecast counts are based 011 Jull.build out of. the City and annexation areas as illustrated in the future. land us.e maP contained .inthe 2002 Comprehensive Plan. TABLE 11..17 CURRENT AND PROJECTED TRAFFIC VOLUMES -MAJORROADWAYS Area Current Count Projected Count 1-94 east CSAH 2 25,000 33953* 1-94 west of CSAH 2 21,800 43738* CSAH 75 at 20th Ave Not available 38,300 CSAH 75 at CR 133 Not available 32,600 CSAH 75 at 4th Ave Not available 30,100 CSAH 75 at Colleae 22,500 25,800 CSAH 75 at CSAH 3 15,100 27,800 CSAH 75 west of CSAH 3 12,300 25,700 Minnesota St & Colleae 5,600 9,000 Mn. Street & CSAH 3 Not available 16,700 CSAH 2 southwest of CSAH 3 8,800 26,900 CSAH 2 southwest of 1-94 4,250 23,500 *St. Cloud APO 2030 projection employed Trends in real estate development including housing construction provide another indicator of the economic health of the St. Joseph economy. An expanding housing sector compliments commercial development. Table 11-18 illustrates new housing permits (number and aggregate value) issued by the City of St. Joseph annually since 2000. TABLE 11-18 ST. JOSEPH - NEW HOME PERMITS Period Number Value 2006 throuah November 80 $11,105,754 2005 156 $18,557,353 2004 78 $10,379,849 2003 108 $13,509,459 2002 58 $7,052,940 2001 54 $6,040,500 2000 23 $2,361,120 City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 20 IV. CONSTRUCT~ON>COSTS. Development Oosts Costs of development/redevelopment within the City are important considerations when conducting economic development activities. Construction cost analysis can . give City leaders a framework to reference when contemplating changes in zoning standards and/or financial incentive program design and implementation. This portion of the Economic Development Plan is intended to give the City/EDA an idea of the potential costs of development within St. Joseph. Building quality is the most significant variable in the finished cost. Other factors affecting construction costs include the building shape/outline, building area (Le. larger buildings cost less per square foot than smaller buildings), differences in typical wall. heights and common ownership (common walls, ownership on first floor vs. second story affect cost). l3uilding costs also vary by location. According to the National Building Cost Manual, published annually by Oraftsman Books, construction costs in Minnesota in 2006 were two (2) percent above the national average, constructions costs in the S1. Cloud MSA were three (3) percent above the national average and construction costs inthe Minneapolis/St. Paul MSA were 14.5% above the national average. The information above doesn't include the costs of land acquisition and development fees. It is noted redevelopment is more costly than new development due to higher acquisition costs and more intensive site preparation work. The City of St. Joseph has instituted development fees applicable to drinking water, storm water and sanitary sewer. The. fees are based on the degree of use of municipal systems generated by the proposed development. Actual Construction Costs - St. Joseph (ESTIMATE) Table 11-19 illustrates simplified construction cost estimates based on the type of development, average square footage for that type of development in St. Joseph, construction type and quality. The table is provided to give the City/EDA a general idea of the cost for different types of development. TABLE 11-19 SIMPLIFIED CONSTRUCTION COST ESTIMATES: T. JOSEPH Development Type SF/first floor Construction Type Lowest Quality/SF Highest Quality/SF Cost Range UrbanStore* 3,000 Masonry/Concrete $74.46 $144.84 $223,380 $434,520 . Urban Store* 3,000 WoodlWood - Steel $57.12 $109.14 $171,360 $327,420 Suburban Store** 3,000 Masonry/Concrete $68.34 $142.80 $205,020 $428,400 (Shell only) Suburban Store** 3,000 Wood/Wood - Steel $55.08 $104.04 $165,240 $312,120 (Shell only) Suburban Store 3,000 Masonry/Concrete $94.86 $175.44 $284,580 $526,320 Multiple Tenant*** Suburban Store 3,000 WoodlWood - Steel $77.52 $201.96 $232,560 $605,880 Multiple Tenant*** Supermarket 5,000 Masonry/Concrete $79.56 $136.68 $397,800 $683,400 Supermarket 5,000 WoodlWood - Steel $76.50 $130.56 $382,500 $652,800 Small Food Store 3,000 Masonry/Concrete $73.44 $111.18 $220,320 $333,540 City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 21 Development Type SF/first floor Construction Type Lowest Quality/SF HigheslQuality/SF Cost Range Small Food Store 3,000 Wood/Wood - Steel $64.26 $106.08 $192,780 $318,240 Discount Store 30,000 Masonry/Concrete $54.06 $83.64 $1,621,800 $2,50~,200 Discount Store 30,000 Wood/Wood - Steel $56.10 $85.68 $1,683,000 $2,570,400 Banks/Finance 3,000 Masonry/Concrete $187.68 $346.80 $563,040 $1,040,400 Institutions"" Banks/Finance 3,000 Wood/Wood-Steel $176046 $344.76 $529,380 $1,034,280 Institutions"" Department Stores 30,000 Reinforced Concrete $118.32 $183.60 $3,549,600 $5,508,000 .. Department Stores 30,000 Masonry/Concrete $66.30 $137.70 $1,989,000 $4,131,000 Department Stores 30,000 Wood/Wood - Steel $68.34 $143.82 $2,050,200 $4,314,600 GeneraIOffice.Bldg. 3,000 Masonry/Concrete $88.74 $187.68 $266,220 $563,040 - Exterior Entry"" General. Office Bldg. 3,000 Wood/Wood - Steel $80.58 $172.38 $241,740 $517,140 - Exterior Entry"" Medical/Dental Office - Exterior 3,000 Masonry/Concrete $129.54 $220.32 $388,620 $660,960 Entry"-' Medical/Dental Office - Exterior 3,000 Wood/Wood - Steel $125.46 $207.06 $376,380 $621,180 Entry"" Industrial 10,000 Concrete $47.94 $78.54 $479,400 $785,400 Warehouse'"'' Engineered Steel 10,000 Rigid Steel $24.48 $29.58 $244,800 $295,800 Industrial Bldg"'" Agricultural Building 10,000 Non-arch. Steel $11.22 $21042 $112,200 $214,200 _ Construction within developed area (Le. downtown) cost may be higher due to constraints of site ., Construction within open areas where modem construction techniques, equipment and economic designs may be employed ... Construction costs include suburban shell plus cost of display fronts, finish materials and interior partions .... Construction costs vary widely by length of building, longer the length, higher the cost ..... Shell only City of S1. Joseph Comprehensive Plan, 2007 Chapter 11, Page 22 V. FINANCIAL INCENTIVES AVAILABLE:ST . JOSEPH The following incentives may be offered to qualified applicants within the City of St. Joseph/St. Joseph EDA. Tax Increment FinancinQ Tax increment financing isa tool, which allows the City/EDA to reimburse the company or land owner a portion of the new property taxes, which are.generatedas a result of an. expansion project. The amount of financial assistance available (TIF) is dependent upon a number of factors including but not limited to the .assessed market value of thebuildingandlhefinancial needofthe company. Tax Abatement Like TIF, tax abatement is a tool, which allows the City/EDA to .reimburse the company a . portion of property taxes, which are generated within a specified period of time. The difference between TIF and tax abatement is that with tax abatement the Countyal1d/orschool districthave. al1option to participate (withTIF participation is mandatOry).. The amount oflhe tax abatementavailabledepends on a number of factors,. including, but not limited to the financiaL. need of thecompal1yandparticipation by County and school entities. The term of tax abatement is up to twenty years depending on a number of variables. Revolvina Loan Fund The revolving loan fund, established in 2002 through principal and interest payments from a MIF grantlloanhave been building the fund, which has a current balance of approximately $48,000. The RLF must be used to promote job creation/retention. Minnesota Community Capital Foundation The City ofSt. Joseph/EDA has access to the Minnesota Community Capital Foundation (MCCF) through Stearns Electric and Great River Energy. An MCCF loan may be available to qualified projects for a variety of uses (including working capital) on reoccurring basis. Business Architectural Facade Grant Proaram The EDAlCityare working to establish a pilot grant program designed to encourage fac;ade improvements for existing commercial establishments. The grant program would help offset architectural/design services relatedtofac;ade and/or landscaping improvements which are visible from public rights-of-way. City of St. Joseph Comprehensive Plan, 2007 Chapter 11. Page 23 VI. BUSINESS INPUT ON ECONOMIC DEVELOPMENT In the Fall of 2006 the St. Joseph EDA conducted a business retention and expansion survey. All ofthe approximately 100 business owners within the community were invited to participate in the survey and subsequent review process. Those completing the survey and/or personal interview expressed the following: · 73% noted sales have increased in the pastthreeyears: · 87% of those responding indicate they expect their businesses to grow within the next three years. · 70% of those businesses responding noted they have considered expansion within St. Joseph · When asked about deterrents to expansion respondentsnoted: increasedprqperty.taxeswere deterring expansion along with a feeling the costs of expansion outweigh the potential benefits and a feeling the current business size was adequate. · When asked to rate the importance of the appearance of their building those responding replied: 27% 'very important'; 36% 'important' and 36% 'not very important'. In addition, a community-wide survey conducted in 2002 noted: · Location, proximity to 1-94 and geographical location between Twin Cities and St. Cloud metropolitan areas were identified as positive attributes of doing business in St. Joseph:. · Lack of water treatment capacity, tense relationships between businesses and City government and a need to expand residential sector were identified as economic development opportunities facing St. Joseph. It is noted a new water treatment plant is about to be placed into service. · The fOllowing were identified as businesses or services which would be a welcome addition to the community: . Discount stores . Restaurants . Entertainment . Bowling . Community center . Department store . Coffee shop . Fitness center . Industrial establishments · Respondents suggested commercial and industrial establishments should/could be developed in the following areas: RESPONSE Next to 1-94 Downtown On CSAH 75 South of 1-94 CSAH 2 TOTAL PERCENT 40% 31% 19% 6% 4% 100% City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 24 VII. TECHNOLOGY High speed internet access is available within the City of St. Joseph and in most commercial areas. The City recently extended fiber to the Public Works facility within the industrial park. Access to high-speed data transmission lines is therefore now available to the industrial park and the Buettner Business Park. VIII. COMMERCIAL DISTRICTS It is essential that the communityunderstcmds the importance of commercial. areas and the overalL impact each. has on the community as a whole. The. city's zoning ordinance classifies . commercial areas as B-1 Central Business District, B-2 Highway 75 BusinessDistricLandB.,3General Business District. The Future Land. Use Map contained in the Comprehensive Plan guides areas within the downtown to continued pedestrian-oriented development, areas adjacent to CSAH 75 as highway business and areas adjacent to proposed con.ector/arterial street corridors as B.,3 general business. The most recent Future Land Use map is attached totbeclose. of this chapter. Following is additional information and goals relating to development within the various commercial districts. A. ST. JOSEPH COMMERCIAL ZONES 1. B-1.Central.Business District. District Purpose The Central Business District has been established to encourage the continuation of a viable downtown by promoting uses dependent of high volumes of pedestrian traffic; to provide for regulation of the high intensity commercial uses located within the original core of the City; and, to encourage parks/greenspace in the downtown. The Central Business District provides space for concentrated general business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. Historic Sianificance In November of 2006 the EDA informally c~:msulted an expert historical consultant from Landscape Research, .Inc. regarding the historical significance of Downtown St. Joseph. The historical consultant noted the following regarding Downtown St. Joseph: . An opportunity exists to perform exemplary planning that will keep the architectural and spatial relationships among Minnesota Street and the convent and college grounds intact. . Planning involvement would be greatly enhanced by design guidelines that address the character of new development and also support rehabilitation and restoration of the existing buildings. . Understanding the simple original character of existing buildings may be part of the challenge. . . but that block of Minnesota Street [Le. between 1 sl Avenue NW and College Avenue] is like one big "advertising sign" for St. Joseph and the community's understanding of its core, which includes one National Register building (the bank) and faces a very large district (including the church, rectory, convent, and college buildings). . . despite the loss of the John Linnemann house and most of the facades, the buildings are remarkably intact. The 1898 plat map, and excellent collection of air photos from ca. 1928-1970 supports this. Stearns County has received national attention from scholars studying German-American settlement patterns including what some term "hamlets," and St. Joseph is still one .place you can go to actually see these relationships. City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 25 . New development needs to be shaped by guidelines that keep the historicgridintact,provide needed density, and also encourage the use of sympathetic scale, materials, openings, and details . Downtown... Revitalization Plan In April of 2006 the EDA received a notification/recommendation from a Downtown Committee (task force). The notice recommended the EDAlCouncil proceed with a revitalization effort with the knowledge and understanding that while the City may convene the process, it must quickly be led. by the private entities whose time and money.wHI ultimately determine the effort's success. The Downtown Committee concluded. that. a healthy, sustained partnership is crucial to getting the revitalization. process off the ground and building thecriticalmas$ needed to spur a cyde of sustainable development over a.period of several years. The geographical area currently defined as 'downtown' is illustrated on the map at the closeofthis chapter. The EDA embraced the Downtown Committee (task force) recommendation and forwarded the recommendation to the City Council for review/consideration. The Council approved the revitalization plan and authorized/directed formation of the four work groups and commencement of the effort. Following is a summary of the goals/tasks associated with each work group: Organizational Work Group Establish and continue to strengthen open/active partnerships between regional stakeholders, business owners, residents, property owners, the Chamber of Commerce, service providers, government entities, the College and the Monastery. Manage and encourage continuous and active discussion and sharing of knowledge between stakeholders in the revitalization process. Tasks associated with implementation of strategic plan: 1. Promote and expand involvement of citizens, businesses and organizations in Downtown revitalization by establishing effective relationships: a. Find those who are well-connected in the community - listen to what they have to say about project, build rapport, build support, build relationships. b. Find leaders of social networks within the community - listen to what they have to say about the project, build rapport, build support, build relationships. c. Find those connected to resources in the community - listen to what they have to say about the project, build rapport, build support, build relationships. 2. Provide advice to adjust project as needed. 3. Keep opinion,;,makers and others informed about the revitalization process through one on one meetings, discussions, forums, etc. 4. Create plans which help ensure the success of the downtown revitalization effort by promoting private/public partnerships - not the other way around. a. Identify impediments to collaboration and cooperation. b. Build bridges. c. Get social leaders, economic leaders, political leaders together and interacting in support of revitalization. d. Build lasting ties and opportunities for interaction. 5. Determine how work groups, property owners, residents, CIVIC and non-profit entities, elected/appointed city leaders and others interact to achieve continued and sustained synergy in revitalization efforts. City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 26 a. Listen b. Network c. Build bridges 6. Work with the Promotions Work Group to create "road map" to strengthen the link. between.the College of St. Benedict, St. Benedict's Monastery, downtown property owners, adjacent residents, the pUblic at large and City officials and provide measurable opportunities for abstract and physical interaction between the aforementioned entities. a.Provide continuous opportunityfqr real interaction b. Listen 7. Work with Urban Environs Work Group, private/non.,profit entities that own property or operate businesses tospecificaUy identify . land/buildings that could be available for early development and/or redevelopment. a. . Identify a project b. Make it happen 8. Assist Resource Development Work. Group in the formation of new organizations to achieve goals (e.g. downtown merchant's association, community foundation). Promotions Work Group Create/enhance opportunities to bring visitors/tourists to the City of St. Joseph and to capitalize on activities and/or events already occurring within the community. Maximize private investment and public ownership of the revitalization process'. Tasks associated with implementation of strategic plan: 1. Put a face on the revitalization effort. a. Know what you want to say - keep it simple. b. Get the word out, keep getting the word out, keep getting the word out, repeat 2. Reposition the image of downtown revitalization from neutral or negative to a positive, constructive albeit long-term process. a. Get the word out about positive steps b. Reward investment in the project 3. Create a plan and work with downtown property/business owners to promote. unity and cohesiveness as a means of having the downtown property/business owners take ownership of not only their individual property but the entire 'downtown experience'. Work with downtown property owners/downtown merchants to jointly plan special events so as to move from simply co- existing to forming a cohesive, unified force working together to achieve mutual goals. Get downtown merchants together to jointly plan/market b'usiness activities, sales and events. 4. Establish and promote community-wide events and activities which bring visitors and tourists to the City. Work to schedule and coordinate events that bring people into the community. 5. Work with other event planners/holders within the community (e,g. College of St. Benedict; St. Benedict's Monastery, St. Cloud Independent School District, Downtown Association, etc.) to coordinate events on an area wide basis, such as a downtown art crawl corresponding. to a cultural activity on the college campus. Keep those in town for special events in town a little longer by coordinating ancillary events (tell people going to a performance at the College what City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 27 their options are for entertainment/eating afterward; tell those offering entertainment/eating options that an event is scheduled help them jointly market coordinated response) Urban Environs WorkGroup Create a pedestrian-friendly placed destination. Tasks associated with implementation of strategic plan: 1. Determine specifically what the urban environment and associated character should look like with advice from urban landscape architect or other credible entity. 2. Develop design criteria such .as . traditional color palettes, awning styles, uniform signage types/styles, uniform lighting styles, uniform building styles, roof lines, exterior building materials, window styles, entryway styles, etc. 3. Determine what the ultimate size for downtown might be, list boundaries by streets; define the core. 4. 'Determine what types of facilities will 'anchor' the downtown, such as: park, sChool,government, office, Post Office, banks, etc. 5. Determine what building style is desired - not that each building is the same as the next, but what are specific architectural elements that will define downtown structures such as: a. Rooflines. b. Windows: size, position, style, awnings. c. Entryways. d. Color palette. e. Exterior building materials. f. Signs. g. Facility Lighting. 6. Determine, what streets and sidewalks might look like. a. Where do people drive b. Where do people walk c. Where do people gather d. Where do people sit e. What makes people want to linger, to talk, to explore 7. Determine how to best convey that vision to developers, business owners and city planners. 8. Think about how the 'downtown experience' for pedestrians that will be different depending on the time of day, the day of the week, or the season of the year -even if a pedestrian is traveling along a well trod path; how can we provide opportunities for new experiences nearly every time a pedestrian takes to the streets. 9. Determine how high density housing fits into the downtown. Resource Development Work Group Identify the overall financial needs associated with downtown revitalization (from improving public facilities/amenities to assisting private sector in leveraging funds to capitalizing activities of downtown revitalization work groups) and develop a fundraising plan that supports the revitalization effort. City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 28 Tasks associated with implementation of strategic plan: 1. Identify community initiative grants available through non-profit and state-wide prog rams for which the St. Joseph Downtown Revitalization initiative will qualify. 2. Identify local partners interested in contributing financially to downtown revitalization and develop a plan that will enable local contributors to worktogether to ensure optimal benefit from local contributions. 3. Determine potential sources of public investment (e.g. tax increment financing, tax abatement, Small.Cities DevelopmerttProgram, low.interest.loan. payments,. revolving Joan fund, . revitalization zone, etc.)- 4. Plan, promote and conduct a variety of fundraisers as a means of capitalizing streetscape amenities and public realm enhancements like street furniture, urban park,towll square, landscaping, water' feature, banners, etc. 5. Research opportunities to promote structured parking facilities within the downtown (e.g . fee in- Iieu.of parking proceeds used to establish public parking). 2. B-2, Highway 75 Business District District Purpose. The Highway 75 Business District is intended to control the use and development of land and improvements by creating a mixed land use district near and adjacent to the County State Aid Highway 75 corridor in the City of St. Joseph by allowing for a mixture of land uses and by establishing stringent standards for development. The district is intended to encourage and promote high-value development in a manner similar to a planned unit development, taking full advantage of the City's highway location resulting in a pleasant, attractive and aesthetically pleasing environment. CSAH 75 Renewal During 2006 the EDA began to compile information regarding current zoning.andexisting land use.in the GSAH.75 corridor in the vicinity of College Avenue. The EDA reviewed the information so as to. discuss the future of the corridor in terms of land use, potential for redevelopment and urban aesthetics. The EDA examined unique challenges/opportunities presented to developmentlredevelopmentprojects in the corridor. Among items discussed were: (1) level of financial assistance offered to establishments conducting redevelopment efforts of a sizable scale (2) participation by the EDA in master planning the corridor and (3) participation by EDA in securing first right of refusals for individual properties as a means of assisting with the combining of smaller lots into one larger lot more conducive to commercial development. Following the preliminary discussion a technical inventory of parcels adjacent to CSAH 75 between Second Avenue NW and Third Avenue NE was compiled. The technical inventory included: (1) a map depicting the subject area, (2) a spreadsheet containing pertinent information regarding parcels in the subject area and (3) a pictorial directory - of properties within the subject area. The technical/pictorial inventory was useful in comparing developments within the corridor and analyzing corridor attributes and opportunities. The EDA has defined attributes and challenges within the corridor as follow: Attributes · Condition of roadway. · Traffic mobility (at this point) appears to be sufficient. . Good visibility from principal arterial - desirable for highway commercial use. City ofSt. Joseph Comprehensive Plan, 2007 Chapter 11, Page 29 Challenges . The pictorial inventory reinforces the perception of development within the corridor as haphazard. . Commercial uses interspersed with residential uses. · Infill opportunities are not unified. · Parcels vary greatly in size. . Lack of continuousfrontage/backage roads offering access to commercial development. . Aesthetics: inconsistent architectural styles, wide variety of building construction types/materials employed, non-uniform setbacks and limited landscaping. TheEDAhasembraced the concept of promoting redevelopment within the identified corridor as a priority. This project remains active at this time. 3. B..3 General Business. District District Purpose The General Business District provides space for specialized business and commercial activities at locations where they are easily accessible to residential areas and, at the same time, minimizing negative impacts to residential neighborhoods. The intent of the B-3 district is to create attractive commercial and business activities through standards including, but not limited to, larger lotsizes,greenspace and landscaping requirements. . The Future Land Use map guides areas in close proximity to the intersection of 1-94 and CSAH 2 for development offuture vehicular oriented commercial nodes. X. INDUSTRIAL DEVELOPMENT In addition to commercial development, it is also essential that the community understands the importance industria] development and the overall impact such development has on th~ community as a whole: The city's zoning ordinance classifies industrial. area as 1~1"Light Industrial" or 1-2 "G~neral Industrial" . District Purpose The Light Industrial District provides space for industrial activities involving a minimum degree of refuse byproducts and air or noise pollution and requiring a relatively low level of on-premise processing. Activities within the 1-1 district may include secondary commercial functions which are conducted on site. The Future Land Use map guides areas in close proximity to existing industrial development and inclose proximity to the intersection of 1-94 and CSAH 2 for future industrial development. City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 30 XI. ECONOMIC DEVELOPMENT PLAN A. Core Initiatives 1. Oontinue to promote the sustainability of the Oity of St. Joseph in order to .enhance the quality of life for all residents. 2. Promote commercial developmentand redevelopment that: maximizes return on Oity investments in public facilities and services; expands the tax base; provides quality employment opportunities; and, complements existing. services. 3. Promote industrial developments that maximize the return on Oity investments in public facilities and services, expand the tax base, provide quality employment opportunities and complement existing services. 4. Retain existing commercial/industrial uses and encourage new commercial/industrial development to locate in existing commerciallindustrial parks and commercial/industrial zoned areas. 5. Proactively and consistently promote downtown revitalization activities. 6. Promote efforts to achieve commercial renewal/redevelopment in previously developed areas within the highway commercial district. 7. Provide appropriate, professional information to development leads in a timely fashion. 8. Administer financial incentive programs offered by the Oity/EDA. 9. Promote the exchange of information between the business community and the Oity of St. Joseph. B. Strategies for Development and Redevelopment. Oentral Business District 1. Redevelopment/revitalization efforts in the Oentral Business District should contribute to an area- wide focus on creating a pedestrian friendly environment with public spaces, structures, signage and amenities built in dimensions that are specifically suited to humans on foot, those which relate and are proportional to a human's size and walking speed (human scale) as opposed to interaction with vehicular traffic. Specifically, the Oity should develop guidelines for rehabilitation/development of properties that encourage: a. Preservation of existing historic buildings and building elements; b. Infill/new development that retains the existing street grid/building orientation; c. Infill/new development that is sympathetic in scale/bulk to existing buildings; d. A variety of land use types; e. The employment ofa variety of building materials (historically appropriate context) and diverse appearances - not counterfeit or phony old buildings but a high standard of contemporary architecture. ~ Implementation: St. Joseph Economic Development Authority, Downtown Urban Environs WorkGroup, Planning Commission and City Oouncil. 2. The EDAlOity should investigate the means to create pedestrian areas that: City of Sf. Joseph Comprehensive Plan, 2007 Chapter 11, Page 31 a. Are spacious and well-'defined; b. Are protected/separated/buffered from high volumes of traffic; c. Are interconnected in both a physical sense (space to walk through) and visual sense (spaces to see through); d. Are safe; and, e. Include public amenities such as benches, trash receptacles, trees, decorative paving, other plants/greenery, directional signage,adequatelighting,etc. ~ Implementation: St. Joseph Economic Development Authority, Planning Commission and City Council. 3. The EDA should gauge business interest in participating in a commercial rehabilitation program and if strong interest exists consider the application for funding to the Small Cities Development Program. ~ Implementation: The St. Joseph Economic Development Authority and City Council. 4. The City should work with the College of St. Benedict to investigate potential to update streetscape amenities to link the College to Downtown. ~ Implementation: City Council. 5. The City should continue to embrace Central Business District revitalization efforts by retaining a dialogue with the community, business owners and other stakeholders in the project and promoting the district as the cultural-center of the City. ~ Implementation: St. Joseph Economic Development Authority and City Council. 6. The City should continue to embrace Central Business District revitalization efforts by retaining a dialogue with the community at-large, business owners and other stakeholders in the project and by working with community members to retain guests/tourists within the community. ~ Implementation: St. Joseph Economic Development Authority and City Council. 7. The City should investigate the provision of adequate public off-street parking facilities within the Downtown. ~ Implementation:' St. Joseph Economic Development Authority and City Council. 8. The City should encourage the conversion of older single-family homes within the downtown to office and small-scale businesses. High-density residential housing units should be located in close proximity to the Downtown. Civic, government and cultural uses should be located within the Central Business District. ~ Implementation: St. Joseph Economic Development Authority, Planning Commission and City Council. City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 32 Hiqhway Commercial Districts 1. New development, redevelopment and renewal efforts within commercial districts dependent on high volumes of vehicular traffic should focus on creating commercial nodes or centers that are located near intersettionsofhigh volume roadways, designed to. be fully integrated within the greater community and transitioned into related land uses. Single tier auto~oriented strip development adjacent to high volume roadways is discouraged. ~ Implementation: St. Joseph Economic DevelopmentAuthority, Planning Commission and. City Council. 2. Buildings anddther improvements within .vehicle-oriented commercial areas should be designed for the site on which they are to be placed. When designing and siting new buildings/improvements consideration shall be given to the relationship of the proposed structures/improvements and existing . structures,. scenic values, viewsheds and environmentally significant/sensitive areas. ~ Implementation: St. Joseph Economic Development Authority, Planning Commission and City Council. 3. Intense, vehicular-oriented commercial uses should be limited to areas guided toward such uses within the future land use map and directly related to serving the driving public. ~ Implementation: Economic Development Authority, Planning Commission and City Council. 4. The City/EDA should deliberately work to renew existing areas of aging auto-oriented lineal commercial strip development while respecting the needs of existing single-family neighborhoods adjacent to said commercial development. The City/EDA should consider such areas for master planning as future transit oriented communities as said conversion of existing lineal strip commercial development is expected. to be lengthy process which may be better integrated with existing development through master planning a broad area. ~ Implementation: Economic Development Authority, Planning Commission and City Council. 5. New development should be undertaken as a means of responding to current needs/desires of the public, however, such development should be designed using sustainable techniques which assist in future redevelopment/reuse. ~ Implementation: Economic Development Authority, Planning Commission and City Council. Industrial Development: 1. Retain and attract industrial development which enhances the tax base, provides quality job opportunities, and is energy efficient. ~ Implementation: Economic Development Authority and City Council. City of 81. Joseph Comprehensive Plan, 2007 Chapter 11, Page 33 2. Industrial uses should be limited to areas guided toward such uses within the future land · use map. Industrial uses should not negatively impact the provision of services within the City or negatively impabtthe environment. }> Implementation: Economic Development Authority, Planning Comrnissionand City Council. 3. The EDA should continue to work with property owners to develop future industrial areas adjacent to current industrial zoned land, to assure an adequate supply of industrial. land is available for development in the future. }> Implementation: Economic Development Authority and City Council. 4. TheEDA should continue to work with property owners to develop future industrial areas adjacent to current industrial zoned land, to assure an adequate supply of industrial land is available for development in the future. > Implementation: Economic Development Authority. 5. Industrial activities complementary to existing uses should be identified and the development of such industries should be promoted and facilitated. > Implementation: Economic Development Authority and City Council 6. The Economic Development Authority should work with developers of new industrial parks to develop covenants which provide for aesthetically pleasing and quality developments. }> Implementation: Economic Development Authority. City of St. Joseph Comprehensive Plan, 2007 Chapter 11, Page 34 ~~ CITY OF tlt: J(tW>f[ Council Agenda Item ~ MEETING DATE: May 17,2007 . AGENDA ITEM: Affordable Housing Joint Powers Agreement Termination SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: On April 18, 2007 the Life Cycle Housing Committee recommended to terminate the joint powers agreement. On April 26, 2007 the Life Cycle Housing Board accepted the recommendation of the Life Cycle Housing Committee and approved of the recommendation to terminate the j oint powers agreement. PREVIOUS COUNCIL ACTION: By terminating the Joint Powers Agreement the area cities are not abandoning regional affordable housing efforts. Rather the recommendation included creating a Board of Directors to Organize and Govern a Community Based Effort for affordable housing. This Board of Directors will serve under the current St. Cloud Area Joint Planning Board. It is anticipated that the Board of Directors will pursue alternatives options for providing affordable housing including the inclusion of existing homes. The City of Sauk Rapids has already considered the attached resolution authorizing execution. The City of St. Cloud tabled action until a later meeting and Waite Park and Sartell will be considering the attached resolution at their next meeting. After all the cities have reviewed the resolution, the Board of Directors will be established and at that time the Council will be asked to appoint one person. At this time it is unclear as to whether that Board will consist of staff members or elected officials. BACKGROUND INFORMATION: BUDGET/FISCAL IMP ACT: ATTACHMENTS: Resolution Terminating the Joint Powers Agreement REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution 2007-024 Terminating the Joint Powers Agreement for Affordable Housing and establishing a Board of Directors to Organize and Govern community based affordable housing. RESOLUTION NO. 2007-024 A RESOLUTION TERMINATING THE JOINT POWERS AGREEMENT ESTABLISHING A BOARD OF DIRECTORS TO ORGANIZE AND GOVERN A COMMUNITY BASED EFFORT TO PROVIDE LIFE CYCLE HOUSING WHEREAS, in October of 2002, the cities of Saint Cloud, Saint Joseph, Sartell, Sauk Rapids, and Waite Park entered into a Joint Powers Agreement pledging to ensure that fifteen percent of the combined total number of owner-occupied and rental housing units built in each city will be Life Cycle Housing Units; and WHEREAS, the Life Cycle Housing participating jurisdictions find that the existing structure of the joint powers agreement will not assist the cities in meeting their unique life cycle housing goals; and WHEREAS, the Life Cycle Housing participating jurisdictions wish to continue region- wide discussions regarding affordable housing to assist each community in meetings its affordable housing objectives; and WHEREAS, the Life Cycle Housing Committee on April 18, 2007 recommended "to terminate the joint powers agreement and replace it with a standing committee on affordable housing under the joint planning district board to foster continuing communication on this issue"; and WHEREAS, the Life Cycle Housing Board on April 26, 2007 considered and approved of the Life Cycle Housing Committee's recommendation to terminate the joint powers agreement; and WHEREAS, Section 13 of the Joint Powers Agreement states "This Agreement may be terminated by the written agreement of 2/3 of the Members. Any Member may petition the board to terminate this agreement". NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL FOR THE CITY OF ST. CLOUD, that the City agrees to the termination of the Joint Powers Agreement Establishing a Board of Directors to Organize and Govern a Community Based Effort to Provide Life Cycle Housing and the creation of a standing committee under the S1. Cloud Area Joint Planning District Board to foster continuing communication on affordable housing. ADOPTED THIS DAY OF ,2007. Richard Carlbom, Mayor ATTEST Judy Weyrens, Administrator Council Agenda Item _I ( Crt'" OF ~...: J(hiltl'H MEETING DATE: May 17,2007 AGENDA ITEM: City Council Vacancy (Mayor) SUBMITTED BY: Administration BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: Mayor Carlbom announced his intent to resign on May 8, 2007. As it was not a regular Council meeting no action was taken. BACKGROUND INFORMATION: Included in your packet is a Memo from Tom Jovanovich regarding the process for filling a vacant City Council position. The vacancy for the position of Mayor is through appointment. Assuming the position of Mayor will be filed by one of the current Council members, a second vacancy will be created, that for the position of Council. This filing of this vacancy will depend on who is appointed Mayor. If Councilor Rassier or Symanietz is appointed the remaining Council term would be filled by appointment. If Councilor Wick or Frank is appointed the remaining Council seat must be filled by election. If the position is by appointment I have attached a proposed application for the position. The following is a proposed schedule: June 21 Accept Applications Interview Candidates Interview Candidates (only if all cannot be done in one night. ) Appoint new member at Council meeting May 18 - June 4 June 11 June 12 I have also attached a Resolution with a blank line to declare a vacancy for the Council seat. The Council will have to accept the resignation and declare a vacancy for the Council position, the same process as the Mayor. After this is complete the City can accept applications. BUDGET/FISCAL IMP ACT: ATTACHMENTS: 1) Resolution accepting resignation of Mayor Carlbom and declaring a vacancy in the position of Mayor; 2) Resolution for potential Council Vacancy; 3) Proposed Council Application Questionaire. REQUESTED COUNCIL ACTION: Authorize the Acting Mayor and Administrator to execute Resolution 2007-022 Accepting Resignation of Richard Carlbom thereby declaring a vacancy in the Office of Mayor. MEMO TO: ST. JOSEPH CITY COUNCIL AND CITY ADMINISTRATOR FROM: TOM JOVANOVICH, CITY ATTORNEY RE: CITY OF ST. JOSEPH - APPOINTMENT TO VACANCY ON COUNCIL AS A RESULT OF MAYOR'S RESIGNATION OUR FILE NO.: 26177 DATE: MAY 10,2007 This memo will address the rules and procedures the City Council must follow in appointing a new Mayor for the City ofSt. Joseph in light Mayor Carlbom's resignation. There are two issues to be addressed with respect to appointment to a vacancy on the Council. First, there are a number of statutory and case law rules which must be adhered to by the Council. Secondly, the Council may want to establish a procedure or process in which to go about appointing the member to the Council. Rules for Appointment to Vacancy on Council. A resigning Mayor or Council member must submit a written resignation to the Council. After receiving the resignation, the Council should pass a Resolution stating it has received and accepted the resignation. There should also be a Resolution declaring that a vacancy exists. Unless the resignation expressly states it is to take effect at a future date, the resignation will be effective when received by the Council. If the resignation states it takes effect on a specified date, the vacancy occurs on that date whether or not the Council has accepted it. The City Council makes the appointment to fill a vacancy, except in the case of a tie vote when the Mayor makes the appointment. In this case, a tie vote would be made by the acting Mayor. The Council may appoint one of its own members to the office of Mayor. However, in such a case, the Council member being considered for the appointment may not vote. State law does not place any limitation on a Mayor's ability to make an appointment in the case of a tie vote. As a result, the Mayor can appoint any qualified person willing to fill the vacancy, even if that person was not the subject of the original appointment vote. If the vacancy is for the Mayor's office, and the Council casts a tie vote, the acting Mayor should make the appointment. The acting Mayor may not, however, appointment himself or herself. There are two requirements for eligibility to office. First, the person must be a U.S. citizen and a resident of the City. Second, the person should be at least 21 years old. The Council is not obligated to appoint any candidate previously defeated in an election for the office. A retiring Council member may not vote on the appointment of the successor to that vacancy. A Council member who is appointed as Mayor to the vacant Mayor position, however, may participate in the appointment vote to fill the vacancy in his or her former Council position. Under certain circumstances, the Council may have to hold a special election to elect a permanent replacement to fill a vacancy. In the case of the Mayor, this is not necessary since the Mayor's term is for only two years. In such a case, an election is not necessary and an appointment to the Mayor's position may be made for the remainder of the unexpired term. Two factors determine whether an election is required. If the vacancy occurs with less than two years remaining in the unexpired term, the City does not need to hold a special election, and the appointed person can serve out the remainder of the unexpired term. If the vacancy occurs when there is more than two years remaining in the unexpired term, the City must hold a special election to fill the Council vacancy at or before the next regular City election, and the person elected will serve out the remainder of the unexpired term. If the Council chooses to hold a special election to fill a vacancy at a time other than at a regular City election, it must adopt an Ordinance specifying the circumstances under which such an election will be held. Procedure or Process for Appointin2: to Vacancy on Council. Although the law does not require a formal process to assist in the selection of the person for an open position, many Councils create such a process to insure that a qualified and fair person fills the open position. There are many reasons for this. First, a person being appointed is not being elected by a majority vote of the citizens. Accordingly, the Council is acting on behalf of citizens of the entire City. Second, the Council may want to insure that the person appointed has an open mind to all issues facing the City, and not appoint a person who represents a particular interest group or has predecided issues currently facing the City. Third, the Council may want to insure that the person appointed has the time, interest and ability to address all the issues currently facing the City. Because of the above concerns, the Council may want to establish procedures or a process for the selection. Such procedures could include: 1. a notice to the public soliciting applications for the position; 2. criteria for the position; 3. position statements; 4. process for reviewing applications and selecting final interviews; and 5. open deliberation by Council and open vote for the appointment. RESOLUTION 2007-022 CITY OF ST. JOSEPH RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL FOR THE POSITION OF MAYOR WHEREAS, Richard Carlbom has served the St. Joseph community as Mayor for the past 2 and V2 years; and WHEREAS, Richard Carlbom's current term on the City Council was due to expire in January 2009; and WHEREAS, Richard Carlbom has accepted an employment position which requires him to relocate to another community; and WHEREAS, Richard Carlbom submitted his resignation as Mayor effective May 17,2007. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: 1. The Council regretfully accepts the resignation of Richard Carlbom as Mayor of St. Joseph as of May 17,2007; and 2. Declare a vacancy for the office of Mayor. NOW, THEREFORE, BE IT FURTHER BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: That the St. Joseph City Council on behalf of the residents of St. Joseph wish to thank Richard for his dedication and commitment to the City of St. Joseph and wish him well on his new ventures. Adopted the 17th day of May 2007 Alan Rassier, Acting Mayor ATTEST Judy Weyrens, Administrator RESOLUTION No. 2007-023 RESOLUTION DECLARING A VACANCY ON THE CITY COUNCIL FOR THE CITY OF ST. JOSEPH WHEREAS, is serving as Council Person for the City of St. Joseph for the past _ years; and WHEREAS, in January 200_; and current term on the City Council was due to expire WHEREAS, has been appointed to fInish the term of Mayor, vacated by Richard Carlbom on May 18,2007; and WHEREAS, member effective May 17, 2007. is hereby submitting _ resignation as Council NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: That the City of St. Joseph has a vacancy on the City Council as of May 17, 200, in respect to the offIce held by Adopted the 17th day of May 2007. Mayor ATTEST: Judy Weyrens, Administrator CITY OF ST. JOSEPH CITY COUNCIL APPLICATION QUESTIONAIRE COMPLETED QUESTIONAIRE DUE BACK BY NOON ON MONDAY June 11, 2007 1. Describe your interest in being appointed to the City Council and list any public service in which you have been involved. 2. (A) What do you consider the three most important issues facing the City of St. Joseph (1) (2) (3) (B) What strategies might you propose for dealing with the issue you feel is most important? (C) What unique strengths or perspectives do you bring for addressing those top three issues? 3. Many times the Council is faced with making difficult decisions. How do you balance the decision making process when you have a facet of the public objecting? Can you put aside special interest (whether business or private) for the global picture? 4. Do you see any areas where opportunity exists for increased regional cooperation with our neighboring units of government?