HomeMy WebLinkAbout[05] Michael Deutz, Special Use PermitCTl'1' QF tiT. J(rih l'H
MEETING DATE:
AGENDA ITEM:
SUBMITTED BY:
Council Agenda Item
September 3, 2009
Michael Deutz, Special Use Permit, 31 MN St W
Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Planning Commission is meeting on
August 31 to reconsider the requirements of the Special Use Permit issued on July 16, 2009. The Special
Use Permit allowed for mixed residential and commercial uses for property located at 31 MN Street W.
The Special Use Permit also provided until September 30, 2010 to complete the exterior improvements
including pavement and landscaping.
The recommendation of the Planning Commission will be forwarded to the Council by email on
September 1, 2009.
PREVIOUS COUNCIL ACTION: On July 16, 2009 the City Council approved execution of the
Development agreement between Kurt Sauer and the City of St. Joseph. The Development Agreement
included issuance of a special use permit to allow for mixed uses at 31 MN Street W. The re-
development of the property was to occur over a two year period with the exterior completed by
September 30, 2010. Since that time the property has changed ownership.
At the August 20 meeting the Council was approached by Erin Herberg regarding the status of the
property at 31 MN St W as she and five other classmates have leases to rent the upper portion. They
have since been told that the property is not ready and they were looking from assistance from the City.
BACKGROUND INFORMATION: Please see the information from the Planning Commission packet.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Planning Commission meeting material
REQUESTED COUNCIL ACTION:
01'11' QF 1"1: JI~F1'M
Planning Commission Agenda Item 4
MEETING DATE:
August 31, 2009
AGENDA ITEM: Mike Deutz, 31 Minnesota St W
Special Use Permit
Relief of exterior requirements
SUBMITTED BY:
Administration
PREVIOUS PLANNING COMMISSION ACTION: In July, the Planning Commission recommended and the
City Council approved the Special Use Permit of Kurt Sauer to allow for a mixed density at 31 College
Avenue North. The Planning Commission recommended approval of the Special Use Permit allowing the
development to be constructed in two phases with the exterior not being completed until August 15,
2011, The Council considered the permit and required completion of the exterior no later than
September 30, 2010.
BACKGROUND INFORMATION: Since the July 16, 2009 the property has been sold to Mike Deutz. Kurt
Sauer contacted me and stated that he could not make the building financially cash flow and he was
selling the property. During the discussion we talked about the transference of the Special Use Permit.
Special Use Permits are recorded with property and as long as the use does not cease for a period of one
year and the conditions included as part of the approval process cannot be modified without going
through a hearing process. Mike Deutz is requesting relief from the requirement to complete the
exterior improvements for a period of time. Due to the economy and the number of vacancies in the
downtown area he is uncertain as to how best to invest in the project. He has indicated that he may
consider razing the building after a couple of years.
This property is in the redevelopment area and is eligible for Tax Increment Financing. The cost of
demolition is an eligible expenditure. Mike is looking for some time to determine the best use for the
building and does not wish to waste capital and expenditure encountered before establishment of the
TIF Plan is not eligible for reimbursement.
I have included in your packet the Development Agreement that was approved for execution by the City
Council on July 16. Since Mike is uncertain as to what will have to the building, as an alternative, the
Planning Commission could consider a resolution approving the special use permit and listing
contingencies such as the time frame for completing exterior and paving.
ATTACHMENTS: Hearing Notice, application, extract of minutes (Council and Planning
Commission), former Development Agreement, sample resolution of finding.
REQUESTED PLANNING COMMISSION ACTION: Direct staff to prepare the necessary Agreement or
Resolution for Council consideration.
~. CITY 01= ST. OSI/PH
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W Wvu. cityof stjoseph.com
City of St. Joseph
Public Hearing
The Planning Commission for the City of St. Joseph will be conducting a public hearing on
Monday, August 31, 2009 at 7:00 PM. The purpose of the hearing is to consider an
Administrator amendment to the special use permit issued on July 16, 2009 providing relief of the exterior
Judy ~eyrens requirements to include parking and landscaping. The Special Use issued on July 16, 2009
allowed for a mixed use of residential and commercial. The property is located at 31
Minnesota Street W, legally described as follows:
Mayor Parcel 1:
AI Rassier
Lot seven (7), Block nine (9), less the East 6 feet thereof;
Councilors
Steve Frank ALSO LESS the South 99 feet of Lot 7, less the East 10 feet thereof, Block 9, all in Original
Bob Loso Townsite (now City) of St. Joseph, according to the plat and survey thereof, now on file and
Renee Symanietz record in the office of the County Recorder in and for Stearns County, Minnesota.
Dale ~1Uick parcel 2:
Lot Eight (8), less the East 2 feet thereof, and the East 6 feet of Lot Seven (7), Block Nine (9),
Town (now City) of St. Joseph, according to the plat and survey thereof, now on file and of
record in the office of the County Recorder in and for Stearns County, Minnesota.
Mike Deutz, PO Box 634, St. Joseph MN 56374 has submitted the request for Special Use.
Judy Weyrens
Administrator
Publish: August 21, 2009
J „~m~
zs College Avenue North PO Box 668
Phone 3zo.363.7zo~
Saint Joseph, Minnesota 56374
Fax 3zo.363.o34z
6
Mike Deuiz
31 Minnesota St W
~~~~,rVEa
APPLICATION FOR SPECIAL USE PERMIT
CITY OF ST. JOSEPH
25 College Avenue NW
P. O. Box 668
St. Joseph, MN 56374
(320)363-7201 or Fax (320)363-0342
STATE OF MINNESOTA )
AUG 13 2009
:I i ~ ~':~ ~"i ..;GSEPH
Fee S
Paid
Receipt q
Date
),ts
COUNTY OF STEARNS) ' /~-+
NAME: __ ~ ~ ~ ~~J i• Z PHONE: 3v~ C1 ' .3E ~ ~ 5'` T S~
ADDRESS: ~ ~ ~ !~N ~~S d % ~ ,.lj,i ~T. .J oS~ ~ ~~
1/V1re, the undersigned, hereby make the folbwing application to the City Council and Planing Commission of the Ciry of St. Joseph, Steams County,
Mimesou. (Applicants love the resporoibility of checking all spplicaDle ordinances peruiniog t0 their application and complying with all ordinance
requirements):
1. Application is hereby made for Special Use Permit to conduct the following:
2. legal description of land to be affected by application, including acreage or square footage of land involved, and street address, if
any (attach additional sheet if necessary):
SGT C[~~
3. Present inning of the above described property is: _ J/OINN ~~ is ~ ~ ~Ci S~~S~~~ • ~ ~~'~
4. Name and address of th•~ e~~present owner of the above de cribed rop~rty is: ~~/1 ~- ~~T ~
5. Is the proposed use compatibk with present and future land uses of the area? Please explain: ~~~
i/
6. Will the proposed use depreciate the area in which it is proposed? Please explain: N 0
_~
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7. Cen the proposed use be accommodated with existing Ciry service without overburdening the system? Explain: ~ ~
8. Are local streets capable of handling tralTic which is generated by the proposed use? Please explain: E'U
Attached to Ihis application and mad apart IAereof are other aterial submission dale requireements, ^s indicated.
Applicant Signature: ~ Date: ~- ~3 ~ ~ I
Owner Signature: .~ Date: ~'~-~' G /
FOR OFFICE USE ONLY
DATE APPLICATION SUBMITTED:
DATE APPLICATION COMPLETE:
Planning Commission Action: Recommend Approval _ Recommend Disapproval Date of Action
Date ApplicanUProperry Owner notified of Planning Commission Action:
Ciry Council Action: Approved _ Disapproved Date of Action
Datc ApplicanVProperty Owner noified of Ciry Council Action:
4. The land referred to in the Commitment is described as follows:
State of Minnesota
Stearns County
Parcel 1:
Lot Seven (7), Block Nine (9), less the East 6 feet thereof;
ALSO LESS the South 99 feet of Lot 7, less the East 10 feet thereof, Block 9, all in Original Townsite (now
City) of St. Joseph, according to the plat and survey thereof, now on file and of record in the office of the
County Recorder in and for Stearns County, Minnesota.
Parcel 2:
Lot Eight (8), less the East 2 feet thereof, and the East 6 feet of Lot Seven (7), Block Nine (9), Town (now
City) of St. Joseph, according to the plat and survey thereof, now on file and of record in the office of the
County Recorder in and for Stearns County, Minnesota.
(Abstract Property)
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hops://portal.sehinc.corn/sehsvc/html/dvo/rnapLayout.htm E/18/2009
July O6, 2009
Page 1 of 2
Public Hearing, Kurt Sauer -Special Use Permit: Kalinowski called the public hearing to order and stated
the purpose of the hearing is to consider issuance of a special use permit to allow a rental unit in a B1
Zoning District. The property is located at 31 Minnesota Street W (formerly the Linneman Building).
St. Joseph Code of Ordinances 52.30 Subd. 3(f) includes the following use: Mixed use of a Permitted Use
and a multiple residential dwelling unit; but only if at least 50% of the interior square footage (exclusive of
the basement or cellar) is used full time for a Permitted Use, and said permitted and residential uses are
not conflicting. The area consisting of multiple residential dwelling units must meet the standards of
Section 52.29, Subd. 5 and 6; and said residential uses occupy only the upper and/or rear portions of
structures. Off-street parking requirements shall be separately determined for the commercial and
residential uses in accordance with Section 52.10.
The request for Special Use was submitted by Kurt Sauer, 8573 Orange Road, St. Joseph.
Weyrens stated that the application before the Commission is the identical plan which was submitted in
2005 and approved by both the Planning Commission and City Council. Special Use Permits by Statue
expire one year after inactivity. Since the project was not completed and work stopped the SUP is null
and void. The information presented to the Commission is the development agreement that was
previously executed. The property owner is requesting to phase the development with the interior
completed in 2009 and the exterior by 2010.
Kurt Sauer approached the Commissioner on his own behalf and stated that he was available to answer
any questions relating to his request.
Margy Hughes, 128 Able Ct E spoke to the Commissioners in support of the request. On behalf of the St.
Joseph Action Group, Hughes stated that their goal and mission is the revitalization of the downtown
which was started a couple of years ago by the EDA. They have worked with Kidstop to decorate the
building with pictures made by the children. She added that the building makes an exciting first floor with
opportunities for various activities. With the amount of square footage, Hughes stated that this really is a
great building. In conclusion, Hughes stated that she encourages the City to accept the provisional use.
Dean Wick, Outsource Architecture, approached the Commissioners as well. He stated that he has been
in the building and is pleasantly surprised that it is not as bad as people thought. Wick advised the
Commissioners that he prepared all of the original drawings for the building.
The public hearing was closed at 7:05 PM
McDonald stated that, based on the development agreement, there is no need for a grading plan as they
are reducing the impervious surface. He questioned how that is being done. He then questioned whether
or not they will take immediate action to remodel the inside. Sauer stated that he will begin the interior
remodeling once the SUP is approved and due to the cost and extent of repairs he is requesting to wait
until 2010 to complete the exterior improvements including landscaping. In response to the question
relating to impervious surface, Wick stated that classified fill is considered impervious surface as well.
They plan to add landscaping where the currently class 5 is located. Sabart also advised the
Commissioners that compacted gravel is considered impervious surface.
Deutz stated his concern for the lack of parking in the downtown area and that he is in favor of finding
alternatives to provide additional parking. He then questioned that if the landscaping were removed could
additional parking space could be provided. McDonald spoke in opposition to fewer parking spaces as he
believes it is not right to change the parking requirements if they are unsure of who will occupy the space
once it is renovated. He agreed with Deutz and stated that the lack of parking downtown is detrimental to
the downtown area. According to Meyer, all downtowns have the same issues relating to parking. There
is a municipal parking lot a % block away which Deutz stated is already being used. He added that if the
City is serious about changing the downtown atmosphere, the parking needs to be changed as welt. Wick
July 06, 2009
Page 2 of 2
stated that he agrees with Meyer and that the additional trees would add more value to the downtown
than the additional two parking spaces. Deutz disagreed.
Meyer made a motion to recommend the Council issue a Special Use Permit to Kurt Sauer,
Percheron Properties, to allow a mixed density development at 31 Minnesota Street West. The
Development will consist of housing on the upper levels and retail space on the main level. The
property owner is allowed to phase the project, completing the exterior improvements no later
than August 15, 2011. If the exterior improvements are not completed, the property is not eligible
for a rental license. The motion was seconded by Deutz.
Discussion: According to McDonald, this will be a good addition to the downtown area, if it works.
He re-stated that he would rather see 23 parking stalls than 21 and that they should be required
to submit a drainage plan. Weyrens advised the Commissioners that they will submit a drainage
plan when they submit their permit. Deutz added that the proposed plan will take away from the
existing parking in the downtown area and more parking is needed. He suggested that the City
work with the developer to create as much parking as possible. Deutz also stated that it is wrong
to approve the plan without knowing what the use of the downstairs will be. Sauer replied that the
downstairs will be finished prior to constructing the parking lot.
Amendment to the Motion: The plan should be brought back for review of parking requirements
when the lower level use has been determined no later than August 15, 2011.
The motion passed unanimously.
Extract of City Council Minutes -July 16, 2009
Kurt Sauer -Special Use Permit
Special Use Permit -Kurt Sauer: Weyrens stated that the Planning Commission previously considered
the request for a Special Use Permit for the former Linneman building located at 31 Minnesota Street W.
This plan has come before the Council twice to consider rental units on the top level and office space on
the lower level. The interior of the building has been demolished and left vacant for the past couple of
years. Since Special Use Permits expire after one year of non activity, the property owner is required to
complete the Special Use Permit process. At this time, the property owner is requesting a special use
permit to develop the property using the same plans from 2006. Prior to allowing a rental on the upper
level, Staff suggested that the lower level must first be ready for a commercial tenant to occupy the space
and they must meet various building and fire codes.
The Planning Commission conducted the public hearing and has recommended the Council issue a
Special Use Permit for the proposed development and authorize execution of a development agreement.
Due to the cost of the improvements, the Planning Commission is also recommending the Council
approve the development to be completed in phases, with the exterior and landscaping completed by
August 15, 2011.
Frank stated that he drives by that site each day. In his opinion, a little bit of money could make a lot of
improvement for the site. Mr. Sauer will meet with the EDA to look at possibly receiving some funds from
the EDA to help with the improvements. There was considerable discussion amongst the Commissioners
regarding parking and Frank stated that he is against removing the trees to add parking. He would like for
the developer and the architect to find a way to meet the parking requirements as well as keep the trees.
Architect Dean Wick stated that there were some discussions regarding parking in the past as well and he
is not sure how much the site plan can change. There may be an opportunity to add a few stalls, but he
was unsure.
Rassier questioned whether or not they have looked at moving the garages to which Dean Wick stated
that they did not discuss that. Wick stated that they may actually have enough parking. If not, he
suggested that this be addressed again in August. Councilor Wick stated that the developer and the
architect met with the Building Official (Ron Wasmund) to discuss building codes.
Rassier added that the City has been asking all developers to put in a parking lot and have it finished
before issuance of a certificate of occupancy. According to Loso, this parking lot should have been paved
over 20 years ago. Rassier agreed and stated that the City now as the opportunity to make sure it gets
taken care of. The property owner had hoped the site could be ready for occupancy in August 2009, but
logistically it is not feasible. Councilor Wick stated that he has concerns that the building will continue to
sit vacant if the City does not allow the phasing of the project.
Rassier suggested that one lift of the parking lot be completed by Dec 31, 2010 and the second layer by
2011. Loso then stated that the City could hold its rental license if it were not completed. Rassier
suggested that the Developer Agreement contain a line to state that the exterior improvements be
completed no later than September 30, 2010. In the past, there was some discussion about having green
space; however, these are all mature trees. Frank questioned how the City will deal with issues relating to
how long the current trees will last.
Frank made a motion to approve the Special Use Permit to allow for mixed density development at
31 Minnesota Street W with rental on the upper and commercial on the lower level. The parking lot
must be paved prior to September 30, 2010. The motion was seconded by Wick and passed
unanimously.
Joint Citv/Townshio Planning Meetings: Weyrens reported that the Planning Commission has been
meeting the St. Joseph Township Planning Board to discuss and update the Orderly Annexation
Agreement. She added that a flow chart illustrating the annexation process has been finalized and she
summarized the process. If the petition meets the criteria for annexation, it is fonnrarded to the City for
approval, the Township is notified and it is sent to MN Planning for final approval. Once approved by MN
planning the City maps are updated. The requirements for annexation were extracted and used to
Extract of City Council Minutes -July 16, 2009
Kurt Sauer -Special Use Permit
develop the new Petition for Annexation that will be used for future annexation requests. Weyrens also
stated that they will continue to work on the Orderly Annexation Agreement.
During the process, the Benedict Plat was reviewed by the City and now, according to the OA agreement,
the Joint Planning Board must act on the portion within the Township. Since this matter has been
discussed at numerous meetings including a joint meeting with St. Joseph Township, Weyrens clarified if
the Council is requiring joint approval for the plat.
Wick made a motion affirming that the Plat entitled Benedict has been reviewed by the City
Council and Planning Commission and discussed at a Joint meeting of the City and St. Joseph
Township. Therefore, the aforementioned plat does not need to be reviewed again by the Joint
Powers Board. The motion was seconded by Symanietz.
Discussion: Frank discussed some immediate concerns such as the County's plans for road
building. He questioned the connection of CR 2 and CR 75. Currently, that is not part of the
County's plans since bids will not be let until this fall. Some of that land is currently in the
township and he questioned whether or not the City should move to get that area into the City
limits prior to the bids being let. Weyrens stated that if the area remains in the township, the
County would be responsible for the right-of-way. She added that the County Engineer is aware
of the fact that this is part of the City's growth area.
The motion passed unanimously.
CITY OF ST. JOSEPH
DEVELOPER AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2009, by and
between Percheron Properties, a Minnesota limited liability company, hereinafter called
"Developer" and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called
the "City".
WITNESSETH:
WHEREAS, the Developer is the owner of a certain real property located within the City limits
which is legally described as Lot 7, Block 9, Townsite of St. JosepL, according to the plat
thereof on file with the Stearns County, Minnesota Recorder (the "Property"); and
WHEREAS, the Developer has submitted to the City for approval the plans and drawings listed
on Exhibit A attached hereto; and
WHEREAS, the City's Code of Ordinances allows the City to require a Development Agreement
to provide for inspection and review during the construction of the Project;
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY
AGREED AS FOLLOWS:
1.0 REQUEST FOR AND CONDITIONS OF THE DEVELOPMENT PLAN
APPROVAL
1.1 Request for Development Plan Approval• The Developer has asked the City to
grant final approval of the Development Plan for the Project to be constructed on
the Property.
1.2 Conditions of Development Plan approval• The City, after requisite notice and
hearing, has granted final approval of the Development Plan subject to the terms
and conditions of this agreement.
1.3 Scope of Agreement: This Agreement, and the terms and conditions hereof, apply
only to the Project. This Agreement does not obligate Developer to construct the
Project, but Developer must comply with the Agreement if it goes forward with the
Project. If Developer elects or is unable to go forward with the Project, or chooses
not to rebuild the Project after a fire or casualty, it may propose to the City a new
project or development for the property, subject to the regulations then in effect for
development approvals, and the Agreement shall not apply in any manner to such a
new proposal.
2.0 RIGHT TO PROCEED
The Developer may not grade or otherwise disturb the earth, remove trees, construct
sewer lines, water lines, streets, utilities, public or private improvements, or any
buildings, until all the following conditions have been satisfied: (1) this Agreement has
been fully executed by both parties and filed with the City Administrator; (2) the escrow
required in section 3.12 to secure performance of the Developer's landscaping obligations
has been received by the City; (3) the City has issued a letter that all conditions have been
satisfied and that the Developer may proceed, which letter will not be unreasonably
withheld or delayed.
3.0 DEVELOPER CONSTRUCTED IMPROVEMENTS
3.1 DEVELOPMENT PLAN COMPLIANCE: All buildings and accessory structures
shall be sited and constructed on the Property as shown on the Development Plan
prepared by Outsource Management referred to in Exhibit A (hereinafter the
"Development Plan"), subject to the provisions of this agreement. Any deviations
from the Development Plan shall require prior approval by the City Planning
Commission.
3.2 BUILDING STRUCTURE: The building structure and all appurtenances must be
maintained structurally independent of adjacent buildings on separately described
parcels. As a mixed use the structure must be maintained in compliance with the
St. Joseph Zoning Ordinances for licensure as rental property.
3.3 BUILDING CODE COMPLIANCE: All buildings and accessory structures shall
be constructed in accordance with the Minnesota State Building Code as adopted
and modified by the St. Joseph City Code.
3.4 SITE PREPARATION: The Developer shall comply with any erosion control
method ordered by the City for the prevention of damage to adjacent property and
the control of surface water runoff. As the development progresses, the City may
impose additional erosion control requirements if in the opinion of the City
Engineer such requirements are necessary.
3.5 BUILDING ELEVATION: The proposed building(s) will not exceed the building
elevations shown on the Development Plan.
3.6 BUILDING EXTERIOR: The building exterior shall consist of the following:
Siding, EFIS and Cornice materials that provide weather barriers required by
Minnesota State Building Code. Such materials must be able to be maintained in
compliance with St. Joseph Zoning Ordinance Section S5. The building exterior
must comply with the plan approved by St. Joseph Planning Commission or better.
3.7 INGRESS/EGRESS: Vehicular access to the Property shall be as shown on the
Development Plan as referred to in Exhibit A.
3.8 SIGNAGE: The Developer must provide detailed site plans for the
construction of any signage and the sign must meet the all the requirements of
the St. Joseuh Zoning Ordinance.
3.9 LIGHTING: Lighting shall not exceed .40 candlewatts at the property line.
3.10 OFF STREET PARKING AND LOADING: The Developer shall provide at least
2l off street parking spaces based upon the mixed uses of the property. The
parking lot must meet the standards outlined in St. Joseph Code of Ordinances
52.10 subd. 5 and further resident parking must be designated and marked as
shown on Exhibit A.
3.11 GRADINGIDRAINAGE: The final drainage plans must be approved by both the
City Engineer and the County Engineer.
3.12 LANDSCAPING/FENCING/SCREENING: The Development will include
landscaping to include trees and grass as shown on Exhibit A.
3.13 UTILITY PLAN: The utilities shall be installed as directed by the City Engineer
with all plans approved before application for a building permit.
3.14 SIDEWALKS: The Developer must extend the sidewalk along 1 S` Avenue NW to
match the existing sidewalks.
3.15 ADDITIONAL REQUIREMENTS: The maximum rental occupancy shall be
limited to 10 and a rental license shall be secured each year as required by St.
Joseph Code of Ordinances 55.
The exterior exit stairways shall be maintained free of snow and ice and any other
elements that could impede or hamper escape or rescue from the floors above
ground level. All stairways shall be maintained structurally independent of
buildings located on adjacent properties with different legal description from
subject property.
3.16 NPDES/CITY OF ST. JOSEPH SWPPP: At the time of application for a building
permit, a completed storm water application must be submitted and before work
can begin, a copy of the MPCA permit must be submitted to the City and must be
posted at the job site.
Per the developer, the impervious square footage has been reduced by 2,662 square
feet.
3.17 F1RE/SAFETY REQUIREMENTS: Project must be constructed to comply with
City Code and IBC Automated Fire Suppression requirements.
3.18 REQUIREMENTS FOR BUILDING PERMIT: No building permit shall be issued
for this Property until the Developer has signed and returned this Development
Agreement and submitted any additional information as directed by the City
Engineer.
3.19 REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Per State and City
building codes.
3.20 CONSTRUCTION SCHEDULE: The Developer shall apply for a building permit
within two years of the execution of this agreement. Failure to apply within the
one-year period shall render this agreement null and void. The improvements shall
be substantially completed by the first (ls') anniversary of the date the building
permit for the Project has been issued to Developer, and no later than the second
anniversary of the execution of this agreement, subject to reasonable extension for
delays due to force majuere causes and material supply shortages beyond the
control of Developer (the "Completion Date").
4.0 GENERAL TERMS AND CONDITIONS
4. ] Title. The Developer hereby warrants and represents to the City, that Developer's
interest in the Development is fee owner.
4.2 Binding Effect on Parties and Successors. The teens and provisions of this
Agreement shall be binding upon and accrue to the benefit of the heirs,
representatives, successors and assigns of the parties hereto and shall be binding
upon all future owners of all or any part of the Development and shall be deemed
covenants running with the land. Reference herein to Developer, if there be more
than one, shall mean each and all of them. This Agreement, at the option of the
City, shall be placed on record so as to give notice hereof to subsequent purchasers
and encumbrances of all or any part of the Property and/or Project and all recording
fees shall be paid by the Developer. If the Property and Project are sold or
conveyed to a third party, and the third party, in a writing satisfactory to the City,
takes and assignment of, and agrees to assume the obligations of the Developer
under, this Agreement, the prior owner/transfer will, from and after the effective
date of the assignment and assumption, be released from any further obligations
under this Agreement; provided however, that in no event will Percheron
Properties be released from its obligations under this Agreement prior to the City's
issuance of a certificate of occupancy for the Project.
4.3 Notice. Any notices permitted or required to be given or made pursuant to this
Agreement shall be delivered personally or mailed by United States mail to the
addresses set forth in this paragraph, by certified or registered mail. Such notices,
demand or payment shall be deemed timely given or made when delivered
personally or deposited in the United States mail in accordance with the above.
Addresses of the parties hereto are as follows.
If to the City at: City Administrator
City of St. Joseph
PO Box 668
St. Joseph, MN 56374
If to the Developer at: Kurt Sauer
Percheron Properties
8573 Orange Road
St. Joseph, MN 56374
4.4 Incorporation of Documents by Reference All of the Development Plan
documents identified in attached Exhibit A are incorporated by reference in this
Agreement.
4.5 License to Enter Land. The Developer hereby grants the City, its agents,
employees, officers and contractors a license to enter the Property to perform
inspections deemed appropriate by the City during the development of the
Property.
4.6 Certificate of Compliance. This Agreement shall remain in effect until such time as
Developer shall have fully performed all of its duties and obligations under this
Agreement. Upon the written request of the Developer and upon the adoption of a
resolution by the City Council fording that the Developer has completed
performance of all Developer's duties mandated by this Agreement, the City shall
issue to the Developer on behalf of the City and appropriate certificate of
compliance. The Certificate of Compliance shall be in recordable form and shall
constitute prima facie evidence that the Developer has performed its duties and
obligations under this Agreement.
4.7 Assigmnent. At any time before a Certificate of Compliance has been issued, this
Agreement may not be assigned by Developer except upon obtaining the express
written consent of the City.
4.8 Integration. This Agreement contains all of the understandings and agreements
between the parties. This agreement may not be amended, changed, or modified
without the express, written consent of the parties hereto.
4.9 Execution in Counterparts. This Agreement may not be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
4.10 Governed by Minnesota Law. This Agreement shall be interpreted under the laws
of the State of Minnesota.
4.11 Representation. Rajkowski Hansmeier Ltd. Represents the City with regard to this
Agreement. Developer is hereby advised to seek, and has consulted, an
independent legal advisor prior to the execution of this Agreement.
4.12 Additional Terms. The following additional terms are being made a part of this
Development Agreement to continue in force and effect as though they were
dedications of the CIC Plat, unless according to their tenors are intended to
terminate earlier:
a. Water/Sewer Access Fee -One year after issuance of the rental
license, the water consumption will be reviewed in relation to the number of access
charges paid for the property. If the water consumption exceeds 274 gallons per
day per perimeter already paid, the developer shall be responsible for paying the
additional access charge at the current rate.
b. Exterior and Site Improvements: The property owner shall have
until August 1, 20l 1 to complete the exterior improvements including the parking
lot improvements and landscaping. Before the improvements are initiated, the
developer shall present the City with a final plan which will be reviewed by the
Planning Commission.
5.0 DEFAULT AND REMEDIES
5.1 Default. Failure by the Developer to observe and perform any covenant, condition,
or obligation contained in this Agreement shall be considered a default by the
Developer under this Agreement.
5.2 Right to Cure. The City shall give the Developer written notice of any default
under this Agreement. The Developer shall have 10 days in which to cure the
default (or in which to commence good faith efforts to cure if the default is one
which cannot reasonably be cured in 10 days).
5.3 Remedies. If an event of default is not cured by the Developer within the
applicable cure period, the City may do any, all or any combination of the
following:
a. halt all further approvals regarding improvements or issuance of
building permits or occupancy permits relating to the Development
Property;
b. seek injunctive relief;
c. take any other action at law or in equity, which may be available to
the City.
Signed and executed by the parties hereto on this
ATTEST
By
Judy Weyrens
City Administrator
day of , 2006.
CITY OF ST. JOSEPH
By
Alan Rassier
Mayor
DEVELOPER
By _
Name
Title
STATE OF MINNESOTA
)ss
COUNTY OF STEARNS
On this day of , 2009, before me, a notary public within and for
said County, personally appeared Alan Rassier and Judy Weyrens, to me personally known, who,
being each by me duly sworn did say that they are respectively the Mayor and the City
Administrator of the City of St. Joseph, Minnesota, the municipal corporation named in the
foregoing instrument, that said instrument was signed on behalf of said municipal corporation by
authority of its City Council and said Mayor and City Administrator acknowledged said
instrument to be the free act and deed of said corporation.
Notary Public
STATE OF MINNESOTA
)ss
COUNTY OF STEARNS
On this day of , 2009, before me, a notary public within and for
said County, personally appeared , to me personally known,
who, being by me duly sworn, did say that he/she is the of
Percheron Properties, the limited liability company named in the foregoing instrument, and that
said instrument was signed and sealed on behalf of said company by authority of its
acknowledged said instrument to be the
free act and deed of said company.
Notary Public
Resolution of finding
The request of Mike Deutz, for a Special Use Permit came before the Planning Commission at a public hearing held
on August 31, 2009. The purpose of the hearing was to consider an amendment to the special use permit issued
on July 16, 2009 providing relief of the exterior requirements to include parking and landscaping. The special use
issued on July 16, 2009 allowed for a mixed use of residential and commercial. The property is located at 31
Minnesota Street W.
The request for Special Use has been submitted by Mike Deutz, PO Box 634, St.loseph, MN 56374.
Notice of this matter was duly served and published.
In consideration of the information presented to the Planning Commission and its application to the
Comprehensive Plan and Ordinances of the City of St. Joseph, the Planning Commission made the following
findings:
1. The City Council, upon recommendation of the Planning Commission, issued a special use permit to allow
a mixed use development at 31 Minnesota Street West. The Council further authorized execution of a
Development Agreement that included redevelopment of the property over a two year period, with the
exterior improvements completed no later than September 2010.
2. The property owner requesting special use on July 6, 2009 has since sold the property as it was his
determination that the project was not financially feasible.
3. Since Special Use Permits are transferable and recorded with the property the new property owner can
assume the terms and conditions of the SIP issued on July 16, 2009.
4. The property at 31 Minnesota Street is (was) in a state of repair and the new property owner is requesting
additional time to evaluate the best use of the facility and whether or not the facility should be razed or
improved.
5. Due to the economic conditions, the City of St. Joseph has a number of vacant commercial sites for lease
and the proposed use will add to the inventory and the property owner cannot assure that a tenant can
be secured for the commercial portion of the facility.
Approval of the amendment to the special use permit issued on July 16, 2009 providing relief of the exterior
requirements to include parking and landscaping with the following contingencies:
1. The property shall remain in compliance with the St. Joseph Code of Ordinances regarding the ratio of
residential dwelling units and commercial space.
2. The property owner will not be required to pave the parking area or complete a landscape plan until
September 30, 2012.
3. The property owner will submit development plans to the Planning Commission before completing the
paving and landscaping.
Adopted this 315` day of Au ust, 2009
ATTEST
Planning Commission Chair
Judy Weyrens, Administrator