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Home My WebLink About2004 [01] Jan 08 {Book 29} · www.cityofstjoseph.com ity of St. Joseph St. Joseph City Council 25 College Avenue North January 8, 2004 PO Box 668 7:30 PM St. Joseph, MN 56374 (320) 363-720 I Fax: (320) 363-0342 ADMtNISTRATOR Judy Weyrens 1. Call to Order MAYOR 2. 7:30 PM - Public Hearing, Proposed 2004 Cloverdale Improvements Larry J. Hosch 3. APO Funding Request - North/South Corridor Study COUNCILORS Alan Rassier 4. Summit Management - Amended Development Agreement Ross Rieke Gary Utsch 5. Adjourn Dale Wick - \ "\ - - - File I Attachment: Yes or No I . REQUEST FOR COUNCIL ACTION (RFA) Proposed 2004 Cloverdale Improvements DATE: January 8, 2004 \ / "" ..' ? ; ( '0./ , ct v./' ~ ······7":Yt..(· '7 . .r. ~ ' . .u£{ , ". "'(.1:( .UL.. . ORIGINATING DEPARTMENT DEPÁR1}MENT APPROVAL/ L-/ AGENDA ITEM Public Hearing - Proposed 2004 Cloverdale Improvements PREVIOUS ACTION The City was presented a petition for annexation by Tom Klein requesting water and sewer services. Mr. Klein's property is located 9487 - 302nd (Callaway) Street. The attached map highlights the location of his property. . In addition to receiving an application for annexation, the City has reviewed island areas within the corporate limits with the intention of cleaning up the boundary lines as services would be available. The Cloverdale area is an island area that is surrounded by City limits and is in the 0-5 Annexation Zone, which expired the end of2002. Therefore, the City does not need to receive petitions for annexation. I have enclosed in your packet a copy of the Orderly Annexation Agreement for your review. RECOMMENDED COUNCIL ACTION The City Council has four options for resolving this matter: 1. Close the public hearing and table any action for additional information. 2. Close the public hearing and make a motion to not move forward with the improvement. At this time the City can still annex the property and require all septic systems to be inspected for compliance. 3. Adopt the enclosed resolution ordering the improvement 4. Adopt the enclosed resolution to conduct a public hearing for the final assessment. FISCAL IMP ACT - The City portion of the project is $ 62,391 which will be reimbursed through levy authority. The attached bond statement illustrates the financial impact. ~ COMMENTS/RECO:rvWENDA TIONS . Procedurally the Mayor introduces the public hearing and explains the hearing process to those present. Once that is complete, the meeting is turned over to the City Engineer for a presentation on the proposed improvement. When Joe is finished with his presentation the Mayor opens the floor for questions and comments. Tom Jovanovich will also be present at this meeting to assist the Council with any questions. Vlhen everyone wishing to speak has been heard the public hearing is closed and the Council considers the matter. As I stated earlier in the RF A the Council has several options available. If additional information is required the matter can be tabled until such information is available. The Council also has the option of tabling the public hearing and allowing additional testimony. If the Council does not believe additional testimony is needed the public hearing should be closed and the Council should move into the discussion phase. In an effort to provide the Council with as complete information as possible, the packet includes h\'o possible resolutions: 1) Ordering the Improvement and 2) Ordering the Assessment Hearing. Typically the Improvement is Ordered before the assessment hearing is conducted so that the final quantities/cost of the improvement can be determined. However, some Cities chose to conduct the Assessment first to determine if any assessment will be contested. A contested assessment does not mean the project will not be completed, rather it provides the City up front any additional costs that the City may have to incur. If the assessment hearing is conducted before the proj ect is completed and the proj ects costs are higher than estimated, the City still has the ability to recoup that additional costs through a secondary hearing. As an option to the Council I have asked Monte Eastvold to prepare a financing alternative ifthe City . allowed the residents owning a vacant lot to defer the water and sewer assessment until the property is sold or developed. In reviewing the proposed assessment roll, this would involve three to four property o','mers. The property would still be assessed for street at this time and the deferred assessment would be charged interest each year payable when the assessment is collected. The City has done this in the past on County Road 121and on East Minnesota. - - CITY OF ST. JOSEPH . CC RESOLUTION 2004-01 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT " WHEREAS, by a resolution passed by the council on January 8, 2004, the City Administrator is directed to prepare a proposed assessment of the cost of improving those island properties of the Cloverdale Estates Addition, and currently located in St. Joseph Township, pursuant to Minn. Stat. §§ 429.011 to 429.111. AND WHEREAS, the City Administrator has notified the council that such proposed assessment has been completed and filed in his/her office for public inspection, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. A hearing shall be held on the 5th day of February, 2004 in the city hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. . 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he/she shall state in the notice the total cost of the improvement. He/she also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Offices, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He/she may at any time thereafter, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the council this 8th day of January, 2004. Mayor CITY OF ST. JOSEPH CC RESOLUTION 2004-01 . RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS WHEREAS, a resolution of the city council adopted the 8th day of January, 2004, fixed a date for a council hearing on the proposed improvement to include those island properties of the Cloverdale Estates Addition, and currently located in St. Joseph Township, pursuant to Minn. Stat. §§ 429.011 to 429.111. AND WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 8th day of January, 2004, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the council resolution adopted 8th day of January, 2004.. . 3. SEH is here by designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 4. The city council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of the tax exempt bond. Adopted by the council on this 8th day of January, 2004. Mayor City Administrator ~ ~~~~ TRANSMITTAL ~ 1200 25th Avenue South, P.O. Box 1717, St. Cloud, MN 56302-1717 320.229.4300 800.572.0617 320.229.4301 FAX TO: Judy Weyrens December 10, 2003 . Date : City of St. Joseph A-STJOE 0405 , File Number and Location 25 College Avenue N Client Number PO Box 668 St. Joseph, MN 56374-0668 , RE: 2004 Cloverdale Area Improvements We are ~ Enclosing o Sending Under Separate Cover o As Requested \ 1- Page 3, revised 2004 C10verdale Area Imrovements Feasibility Report document 1- Figure No.1, revised, 2004 Cloverdale Area Improvements Feasibility Report document, dated 11/20/03 1-1 Revised Preliminary Assessment Worksheet, 2004 Cloverda1e Area Improvements, dated 12/1 0/03 ~ For your 181 Information/Records o Review o Approval o Action o Distribution o Revision and resubmittal REMARKS: BY: Amy Schaffer, PE c: - cah x:lslstjoel040500lcorrll-judyweyrens.doc 10/01 Short Elliott Hendrickson Inc. . Your Trusted Resource . Equal Opportunity Employer ¡.., It! ~ f "" ið ¡.., 0 $ " ~ f? '" ~ !/J ~ !j ¡ ::..,If!:( /J;ç; & Q: -...¡ ~ :1 &$/f ~ §! ;t:'¡:¡ :::; 9f}¡:{ £ °¿Jc' Q. ~""';;~ tilt;lf . t >' , j Nt., 1 Curb ana '- J Sanitary Sewer ! Water Main '1 Table 3 Funding Allocations Item Assessed City Funds Total Cost Reconstruct Street (7th A venue SE) $93,587 $62,391 $155,978 New Street (Callaway & Dale Street) $61,820 $61,820 Curb & Gutter $44,576 $44,576 Sanitary Sewer $120,316 $120,316 Water Main $91.603 $91,603 Total $411,902 $62,391 $474,293 - - 2004 Cloverdale Area Improvements Page 3 St. Joseph, MN A-ST JOE 0405 . Affidavit of Mailing Assessment Hearing Notice State of Minnesota ) ) Council of St. Joseph ) Sarah Mix, being first duly sworn, deposes and says: I am a United States citizen, over 21 years of age, and the Receptionist/Secretary of the city of St. Joseph, Minnesota. On December 12, 2003, acting on behalf of the said city, I deposited in the United States post office at St. Joseph, Minnesota, copies of the attached notice of a hearing on proposed special assessments, enclosed in envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing opposite their respective names: Name Address See Attached . , There is delivery service by United States mail between the place of mailing and the places so addressed. ~fuaÐ rh~~ ignature Subscribed and sworn to before me this 12th day of December, 2003. e MARY REBER GENEROUS /J ~ . NOTARY PUBLIC. MINNESOTA \ . ,I ,... / ." ... My Commission Expires Jan. 31, 2005 ~~{¿ ~ _ Æ, lv) . Pond View Ridge Maurice & Rita Palmersheim C/O Bob Herges Gary & Janet Roquette 30021 95th Ave . 2511th Ave N 9485 3015t St, St. Joseph, MN 56374 St. Cloud, MN 56303 St. Joseph, MN 56374 Brian & Brenda Donnay Todd & Jennifer Spychala Steven & Tamara Schirber 202 ih Ave SE 30182 95th Ave 30152 95th Ave St. Joseph, MN 56374 St. Joseph, MN 56374 St. Joseph, MN 56374 Thomas & Linda Gustafson Herman & Patricia Gangl Richard & Tamara Schultz 30054 95th Ave 30112 95th Ave SE 30084 95th Ave St Joseph, MN 56374 St. Joseph, MN 56374 St. Joseph, MN 56374 Darwin & Victoria Schultz Marvin & Carol Mastey Thomas & Alice Klein 30036 95th Ave 9487 302nd St. St. Joseph, MN 56374 9476 302nd St, St. Joseph, MN 56374 St. Joseph, MN 56374 Shelly Rangl 9486 3015l St, St. Joseph, MN 56374 .' , . · CITY OF ST. JOSEPH www.cityofstjoseph.com CITY OF ST. JOSEPH Administrator NOTICE OF HEARING ON IMPROVEMENT Judy Weyrens Mayor TO WHOM IT MAY CONCERN:. Larry ]. Hosch Notice is hereby given that the City Council of St. Joseph will meet in the council chambers Councilors of the City Hall at 7:30 PM on Thursday, January 8, 2004, to consider the making of an AI Rassier improvement to include those island properties in the Cloverdale Estates Addition, and Ross Rieke currently located in St. Joseph Township, pursuant to Minn. Stat. §§ 429.011 to 429.111. The improvements shall include street, curb, gutter, water and sewer. The estimated cost Gary Utsch of the improvement is $ 474,292.42 Such persons as desire to be heard with reference to Dalc Wick the proposed improvement will be heard at this meeting. ,. Judv A Wevrens City Administrator Published in St. Joseph Newsleader on December 19, 2003 and January 2, 2004. .-. - 2.) College Avenue North' PO )ox 66s . Sdint. Joseph. 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I- """1 - - - .,... j ~ ffi ÌtQ ii: ~ "'I '" '" '" '" '" '" '" '" '" '" ~ '" '" '" '" :tl '" '" '" '" '" '" " ~ ª ~ ~ ~ ~ J "'I' "'I'" "'I ~ J '" co ~I - OJ ~ 0 _I OJ '" ~ .., "'I "' ... "'I co g: ~ ~ ~ 5 ~ I I I I -1'" 5""'''' - .,... ~ - .,... ... ... -I .- I i .._,_____.._"_~..______.J TOWN OF ST. JOSEPH RESOLUTION NO. CITY OF ST. JOSEPH RESOLUTION NO. JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF ST. JOSEPH AND THE CITY OF ST. JOSEPH, MINNESOTA WHEREAS, the Town of S1. Joseph (hereinafter referred to as the "Town") and the City of S1. Joseph (hereinafter referred to as the "City"), both located entirely within Stearns County, in the State of Minnesota, have agreed that there is a clear need for a cooperative future planning effort for the land governed by the two jurisdictions; and, WHEREAS, to this end, have met extensively in discussion and study of future planning issues as the Greater S1. Joseph Area Committee; and, WHEREAS, the Town Board and City Council have expressed their desire to encourage future development of land near the City so as to avail such development of municipal services as much as is practical, while 'encouraging the retention of land in agricultural use; NOW, THEREFORE, BE IT RESOLVED, in consideration of the mutual terms and conditions that follow, that the City and Town enter into this Joint Resolution for Orderly Annexation. 1. Designation of Orderlv Annexation Area. The Town and City desire to designate the area set forth on the map attached (Exhibit 4) and the legal descriptions attached (Exhibits 1, 2 and 3) as subject to orderly annexation under and pursuant to Minnesota Statutes Section 414.0325. 2. Minnesota Municipal Board Jurisdiction. Uporrapproval by the Town Board and the City Council, this Joint Resolution shall confer jurisdiction upon the Minnesota Municipal Board (hereinafter referred to as the "Municipal Board") so as to accomplish said orderly annexations in accordance with the terms of this Joint Resolution. 3. No Alterations of Boundaries. The Town and City mutually agree and state that no alterations by the Municipal Board of the stated boundaries of the area designated for orderly annexation is appropriate. 4. Review and Comment by the Municipal Board. The Town and City mutually agree and state that this Joint Resolution and Agreement sets forth all the conditions for annexation of the areas designated, and that no consideration by the Municipal Board is necessary. The Board may review and comment, but shall, within thirty (30) days, order the annexation in accordance with the terms of this Joint Resolution. 5. Planning and Land Use Control Authoritv. The Town and City mutually agree and state that within thirty (30) days of the effective date of the Municipal Board's order establishing the Orderly Annexation area, a board will be established to exercise planning and land use control authority within the designated orderly annexation area pursuant to Minnesota Statutes, Section 414.0325, Subdivision 5c, in the manner prescribed by Minnesota Statutes 1976, Section 471.59, Subdivision 2 through 8, inclusive. Prior to annexation, the ordinances of the Town will control the properties in the area designated for orderly annexation; following annexation, the ordinances of the City shall control. All zoning and subdivision regulation within the orderly annexation area, prior to annexation, shall be controlled by a three (3) member commission, with one member appointed from each of the City Council, Town Board, and the Stearns County Board of Commissioners. - Such membership to this committee shall be appointed on an annual basis by both the City Council and the Town Board. The County membership shall be held by the Commissioner for the district containing both the City and Tov>'l1ship. This committee shall serve as the "governing body" and "board of appeals and adjustments", for , purposes of Sections Minnesota Statutes, Sections 462.357 and 462.358, within the orderly annexation area. The committee shall have all of the powers contained in Minnesota Statutes, Sections 462.351 to 462.364, and shall have the authority to adopt and enforce the Unifonn Fire Code promulgated , pursuant to Section 299F.011. Following annexation, the annexed properties shall be subject to the { zoning and subdivision controls of the City, and the City Council shall serve as the "governing body." , ¡ f 6. Municipal Reimbursement. The City and Town mutually agree and state that, pursuant to ïvIinnesota Statutes 414.036, a reimbursement from the City to the Town shall occur for the taxes collected on J land annexed into the City, according to the following conditions: j A. All reimbursement will be based on the valuation and tax capacity of the land as it exists in the ,1 To\vn at the time of its annexation, B. The reimbursement on said land shall be based on a five (5) year schedule \vith the percentage of .l base taxes reimbursed to the Town as follows: ì Year 1 60% ¡ Year 2 50% t Year 3 40% Year 4 30% Year 5 20%, C. At the sixih year, and every year thereafter, all pertinent tax revenues "ill be the . property of the City. D. Any circumstances of ex1reme undue hardship may be cause for re-negotiation of this section on a case-by-case basis. -:~ 7. Conditions for Orderly Annexation. _::i A Timeliness of annexatioR The City and Tmvn desire to establish zones within the area designated "0 in Section 1 so as to provide a relative reference as to when services might be reasonably provided. ,; The zones are designated as: ZONE PROJECTED LIFE LEGAL DESC. MAP Zone 1 0-5 Year Exhibit 1 Exhibit 4 Zone 2 6-10 Years Exhibit 2 Exhibit 4 Zone 3 11-20 Years Exhibit 3 Exhibit 4 The City will make reasonable effort to provide and plan for the possible ex1ension of services into each zone within the projected life of each zone. Unless a petition of property mvners for annexation has been filed with the City, the City agrees not to petition for annexation of any area within Zone 1 for a period of five (5) years, unless it is ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by the MPCA or any other State or Federal regulatory agency. At the end of five (5) years, the Tmvn agrees not to object to any petition for annexation of Zone 1 by the City. . Unless a petition of property owners for annexation has been filed ''lith the City, the City agrees not to petition for annexation of any area 'within Zone 2 for a period of ten (10) years, unless it is ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by the . . , , , . MPCA or any other State or Federal regulatory agency. At the end often (10) years, the Town agrees not to object to any petition for annexation of Zone 2 by the City. Unless a petition of property owners for annexation has been filed with the City, the City agrees } not to petition for annexation of any area within Zone 3 for a period of twenty (20) years, unless it is ordered to provide sanitary sewer and/or municipal water services to any areas in said zone by the MPCA or any other State or Federal regulatory agency. At the end of twenty (20) years, the , Town agrees not to object to any petition for annexation of Zone 3 by the City. -'f ~ & "[ B. Annexation Petition Reauirements. In order to be considered for annexation, the owners of at f . least sixty (60) percent of the parcels of property in the affected area must petition. ~ ~ 'I' ,J í If the owners of sixty (60) percent or more, but less than one hundred (100) percent of the parcels t of property in the affected area petition for annexation, a joint hearing of both the Town Board I and the City Council shall be called to consider the petition. The petition shall not be approved ~~ unless both the Town Board and the City Council, voting as separate bodies, approve the petition 'l seeking annexation. ì f ,)t If the owners of one hundred (100) percent of the parcels of property in the affected area petition Ì .,.~ for annexation, the City Council will, as an agenda item at their next regular Council meeting, review the petition for consideration of annexation. ! - ~ :< .i 8. Joint Planning Committee. Any issues that would nonnally come before the Planning Commissions of either the City or the Town that involves land within the boundaries of the orderly annexation area , described in Section One prior to annexation, will be heard by a Joint Planning Commission. l x Membership of this Joint Planning Commission shall be as follows: ;~, A Three (3) members from the City Planning Commission. '. ::! B. Three (3) members from the Town Planning Commission. C. The City member of the Orderly Annexation District Planning and Zoning Authority. -.{} D. The Town member of the Orderly Annexation District Planning and Zoning Authority. "Of The posting and publi$hing of meetings for the Joint Planning Commission, as well as the taking of minutes for their meetings, shall be the responsibility of the Town Clerk , Following annexation, the annexed parcel will fall under authority of the City of St. Joseph Planning Commission. 9. Periodic Review. The City and Town mutually agree and state that a periodic review of this agreement is to be conducted beginning three (3) years after the effective date of this agreement and every three (3) years thereafter. The Joint Planning Committee as described ill Section 8 of this agreement shall be responsible for conducting this periodic review, and shall present a report of said review to both the City Council and Township Board for their consideration of any recommendations. 10. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the tenus of this Joint Resolution into effect. 11. Severabilitv and Repealer. A detennination that a provision of this Joint Resolution is unlawful or unenforceable shall not affect the validity or enforceability of the other provisions herein. Any prior agreement or joint resolution existing between the parties and effecting the property described in the attached Exhibits, shall be considered repealed upon the effective date of this Joint Resolution. Upon adoption of this Orderly Annexation Agreement by the City of S1. Joseph and Township of S1. · Joseph, and approval by the Municipal Board. the Joint Resolution as to Orderly Annexation, City of S1. Joseph and TO'\vnship of St. Joseph, dated October 2, 1975, and subsequently amended by joint resolution approved by the City of S1. Joseph on Apri116, 1987, and approved by the TO'\vl1 of S1. Joseph on April 27, 1987, shall hereby be considered rescinded and superseded by the provisions of this Agreement. 12. Effective Date. This Joint Resolution shall be effective upon adoption by the governing bodies of the , City and TO\vnship and approved by the Municipal Board. . íJ e c e VY\. b .<? /, , , Approved the 2. '7 day of I . 1997, by the Town Board of the Town of S1. Joseph. ~ ¡ ~\-._/ , ¡ , . ~/ i '~ . ) /( /.£...""'- L...L,.i ,~ -- I Chair //"\ J t '<~ '-/' //\. ~ J2¡J .. L ! Cle'? ,Ä--- 1- /-, ~. I . , î .. " ï Approved the \'6 day oi\) i.L'-¿w, \?>-i:..- r . 1997, by the City Council of the City of St. Joseph. / "\ } -:~ - X' ',' ,. · .,"'~"-...."..., ~. _~1fV'\._·"-,r-~J¥ J.-,_, \\ \, ....'-\'l...J\'\·......_-...__·'i\~ / Màvor . \ x- l ~ "-...~'\ . -............ ...,....\. '. "- "-~-. ' j / ,'- "'"' î (~j-/ /' -'i::0T ,~zj:;.." --...) i , \ I..ú¿h f -1.~- fiØ,' ,- J.J/(/ , Clerk! AdminiStrator I j ~ ,0 · . June 24, 2002 City of 81. Joseph 25 College Avenue North 81. Joseph, MN 56374 . To whom it may concern, Our name is Tom & Alice Klein and we would like to ask that our property be annexed to the city of 8t. Joseph for the purposes of connecting to city water and sewer services. Our property is legally described as Lot 4, Block2, Cloverdale Estates. We would like our services to be paid through special assessment tax fees paid yearly with our property taxes. We would like you to advise us on this matter and determine for us what our next step is. We thank you in advance for your consideration and cooperation in this matter. . Sincerely, ~ )~ '. PETITION FOR Al\TNEXATION TO THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA: . IN THE MATTER OF THE PETITION OF CERTAIN PERSONS FOR ANNEXATION OF UN- INCORPORATED ADJOINING PROPERTY TO THE CITY OF ST. JOSEPH, lvIINNESOTA: We, the undersigned, all the mvners of the territory described below, hereby petition the Council to annex this territory to the City of S1. Joseph, Minnesota, and to extend the City boundaries to include the same, and for that purpose respectfully state: 1. The territory to be annexed consists entirely of platted lands which have been duly and legally made and certified according to the laws of this state and file in the office of the recorder of Stearns County, Minnesota. All of the lands lie entirely within the County of Stearns, Minnesota and the description of such lands is as follows: (Insert legal description, including acreage) Es f-a.. ~/ 5 LD+ ~ g i 0 c..k 2 C! 0 ve y oJ t( )-€. / 2. The territory described above abuts upon the City Limits at the t2 ctf r boundary thereof and none of it is presently included within the Corporate Limits of any Incorporated City. 3. The petitioners are in need of municipal se\\'er service. 4. All of this territory is urban (or suburban) in character and occupied by CJW)1 R. v'. or is vacant land. S. The residents in the area will increase the population by i/ . 6. All of the property is within the éJ +~ 5: vear zone of the Orderly Annexati<m Agreement beh\'een the Town of S1. Joseph and the City of St. Joseph of February 6, 1998. 7. All of the property mvners of title exceed the required percentage to constitute a sufficient petition under M.S. 414.033, Subd 5, and the percentage of parcels of property in the affected area according to Section 7 B of the Orderly Annexation Agreement behveen the Town of S1. Joseph and the City of S1. Joseph. 8. The acreage of the parcel requesting annexation is V3 acres (include to .00 of acres) 9. The fee for annexation of the above described parcel is $ ($5.00 per acre, $100 minimum) ALL OF THE PROPERTY O\VNERS OF TITLE Sigrr.%s ~ Printed names Date ~ ~Z. .... Îhoh1({s E. ;¿ b< ,'", t:.-2S'- 02. RECEVED BY 'Ø j,- h / ( I( /". ,5 , .. , IJ-~ , (;~ '>'(,/.I·Cl/ , .<-(v(/[t"c.·¡', Date Judv \Vevrenl AdÌninistratoriClerk . ~) - .' . Petition for Annexation Tom and Alice Klein 9487 - 302nd Street iW t±J ËE Ii:]' L-DU ~ L..-- <..I r- ~rn ¡ '\' L7þ <{( . 1m " 7:¡¡ , ___ I"'.... ,,"",,, ...... H I"'PT 'õ.' . .:J...L _ * *_ _* ,¥¥ :"1..L ¡..J.L . ....... Ij:::::::: ~ r----- W~~il!1 ) ~ ;Þ ~ tñ . \ t¡ ~ > , '" ~... ~ ~. .q 1":1.1.':) ~ r--- Þ ~ ) g .- .--- ~ .--- ~ T'"'I IJr. t....:IJ SI'1 U .-' ~ - ,.,.~.....A,- l- I ~ t I J l I ~ \ . . . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Request for Federal Funding - North/South Corridor DATE: January 8, 2004 ORIGINATING DEPARTMENT DEPARTMENT APPROVAL AGENDA ITEM APO Request for Federal Funding - North/South Corridor PREVIOUS ACTION The City of St. Joseph submitted a funding request for Federal Federal Funding for the planning ofthe East/West Corridor (Field Street) and the North/South Corridor. The City received funding for Field Street and we are in the process of advance funding the Study for such. . RECOMMENDED COUNCIL ACTION Adopt resolution 2004-02 requesting funding FISCAL IMP ACT COMMENTS/RECOMMENDATIONS . Resolution 2004-02 Supporting the Corridor Development Study . North east-west Corridor WHEREAS the St. Cloud Area Planning Organization has identified an east-west collector street in the St. Joseph area called the North Corridor, said street beginning at CSAH 3 northwest of the City, then proceeding easterly around the north side of St. Joseph, and terminating at the S1. Cloud City limits; and WHEREAS, this proposed corridor is part of the St. Cloud Metropolitan Area's 2025 Financially Unconstrained Transportation Plan; and WHEREAS, development currently taking place on the north side of St. Joseph has reached the area proposed for this route; and WHEREAS, it is essential that a suitable corridor be preserved for this east-west collector street so that continued development does not preclude a suitable location for corridor right of way; and WHEREAS, a corridor development study will include a location study, environmental review, and the establishment of a final alignment; and WHEREAS, the City of St. Joseph wishes to preserve right of way for the final alignment of this corridor; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH that: 1. The City of St. Joseph supports and encourages the completion of a corridor development study to establish a firm location for this east-west collector street. 2. The City requests that Stearns County sponsor its application for inclusion of the South Corridor Study in the District 3 - 2007/2008 Transportation Improvement Program for . 80% funding. 3. That the City hereby guarantees the necessary local matching funds for the study. ADOPTED this 8th day of January 2004. Larry Hosch, Mayor ATTEST: Judy Weyrens, Administrator . o o o ...... ...... '" ~ N 0 ...0 o 0 o N N ~ ~ ~ æ æ r:¡ ~ ~ IX: J: J: ~ J: ~ ~ ~ ~ 00 ~ ~ .. ¡;: <> F< '0 mOO 00 ~ N N C ~ ~ ~ ~"' "'- N N N ...~o -;¡ 2 2 "'" .,., 0 · ~ 0 º ~~N !;i ~ S ¡¡j ê5 i;: o >< w w 0 d <t W 2 2 .... ~ :::J ., iii! 2 2 . :> ~ L.. * " ., « « « F< ,~, -, r ... !:: > > > '" .... Z '" w:¡ .... .... ~ Q r:.ffJ :g :¡ II: ffi w -, ~ C ~ ~ ;. ¡..: ~ II: :§ . 0- 0 rnIU~ID S k~ , ~ - - , ~ I,,: Þ"-4 <~"c · , 0 0, 1,_ u Ii ~ -'I ~ ~ anOl:> 'LS ~o ALl:> Y .I) ~ ~ ~ llll.vr'~ · , ,nN'AV aU", 1 f, «- - \1 ~ Vi , '(...., '\. ~ "'-'I ~ 11. 11. g \! '\. (>Á. r' h I I ~; '--. Ii I ' ~ 'X",¡. (j "W "Z~ / ...::::" I ~ 11. Ai \J~ \~ L- =,,,, ~ - '? = ,- ~ 15 ~' ,,- ,,- 0- . ~ I L() J -.L-.O ~~~ t~ r _" ) ...,~~ - rY'., · /J /II, ( ~ ~7" ru D.J. 'I' . ~ ~,,~ ':>. 11 Jel L ~ , ~ r ~,,~,~ 1\ '/"., ~o J I~ ,r-1 ~ ~ ~ "\. -I-\{ II --, ~ ~ 'II ~ - ~ ¡, .... , L ~ ~ ~ L " ~ W \.Q ,1:' DJ c::= ,~ I W "_ n-. - ~$¡::t--r ~ ~ . ~.,.. " ~ · ~\;""Çt: iíi ~ r- KIì" . ~ '\" .1 ?- N~~ \" ~ ~ ~ - . trCV' ~ L.~ L ~.,~ \=~ I - L ~~ "'-'= ~ GI _ J -'j F - ~ l.\o,. .,.. '" -~" L,..,>.<z. ~ It?i '~ . - L:;..----- -- ~r~~. J. '\ y /J ~ )..1"'- I I I ~ '-J I - :7 I\. , 1 '1 .1 1M. ~ f.-.\ 1 - ll"!l, / + µ ~ . iff- UJ-1 =L ",~r -= _ 7 r--- L L? 0., , ~ G~ 1 ...ø /' -! ,.....- - I ~ I A "iI<r HVS3, 111>1 " fLr-. - ~y .>V -....... '¿ ô~\ oò>'. ...... I d~~ I J!r~'~~i,(r-Y ¿ . ~~ . ~ ~ ¿R /Y 1i'1,.J ~~ '" Fe ~ ,- ^ ./1f¡6 '';:I I '----~h.t:: _'- / ( L..L" l0. _~ ~l J ~ n ~ ~ 1""--- _ .0µ 1.--- l.d ~ ~~I:V f'- N l~ ~ ffi ~ L ~ ~ rð~ rÀ ~ ~~ OJ ,I I ¿ØP . ~. _ I ~¡, ~ ,,- ~ -I øP V" CO 1ñ - 'I '\ / I ". :I: LI ---. .. ~ ~~ ~~ ,.' -- tII, . . . - - - - - - - - - - - - - - - - - - - . I Attachment: Yes or No I REQUEST FOR COUNCIL ACTION Summit Management, Site Plan Amendment, Boulder Ridge DATE: January 8, 2004 AGENDA ITEM Summit Management - Site Plan Amendment PREVIOUS ACTION The City Council and Planning Commission approved a development plan for summit management to construct a 44 unit apartment complex. The complex was limited to 6 - one bedroom units, 35 two bedroom units and 3 - three bedroom units. As you are aware the apartment complex was under construction and was destroyed by fire. The building was a complete loss. The property owner is in the process of rebuilding, however, based on the market needs he is requesting to reconfigure the unit types and change some of the exterior. '. RECOMMENDED COUNCIL ACTION Authorize the Mayor and Administrator to execute an amendment to the Development Agreement between the City of St. Joseph and Summit Management. The amendment will allow for 3 additional 3- bedroom apartments and 6 two bedrooms with den. The amendment will include a provision that the occupancy of the 2 bedroom with den will be limited and the den cannot function as a bedroom. COMMENTS/RECOMMENDA TIONS The revised development plan will conform to the R-3 zoning restrictions and additional parking will be provided. In addition the WAS/SAC fees will be reconfigured with a balance due as a result of the increased density. The Planning Commission reviewed this matter and voted 5-2 to authorize the amendment of the Development Agreement. The descending votes were a result of the two bedroom and dens and ifthey would be converted to three bedroom units. Their was discussion questioning how the City would enforce that the two bedroom with dens would not be converted to three bedrooms. In addition it was questioned if the 2 bedroom and dens were being added to avoid additional WAC/SAC fees. After considerable discussion, it was the consensus of the Planning Commission that they must act on the information before them and not speculate as to how the property may be used. The amended agreement restricts the density of the two bedrooms and den and that will be enforced by the rental housing inspector. . . CITY OF ST. JOSEPH AMENDMENT TO DEVELOPER AGREEMENT THIS AGREEMENT, made and entered into this 8th day of January, 2004, by and between Summit Management, LLC, a Minnesota limited liability company, hereinafter called "Developer", and the City of St. Joseph, Minnesota, a municipal corporation, hereinafter called the "City". . WIT N E SSE T H: WHEREAS, the Developer is the owner of certain real property located within the City limits which is legally described as Lot 1, Block 1, Indian Hills Park, according to the plat thereof on file with the Stearns County, Minnesota Recorder (the "Property"); and WHEREAS, the City and the Developer entered into a previous Development Agreement, dated July 15, 2003 and recorded as document number in the office of the Steams County Recorder, and vVHEREAS, the City and the Developer desire to amend the Developer Agreement in accordance \vith the plans and dra\vings listed on Exhibit C attached hereto, NOW, THEREFORE, in consideration of the mutual covenants expressed herein, IT IS HEREBY AGREED AS FOLLOWS: 1. That paragraph 3.2 of the Developer Agreement be amended to read as follows: "3.2. U1\TITS APPROVED: The Project is limited to 6 one-bedroom units, 26 two-bedroom units, 6 two-bedroom units with den/office, and 6 three-bedroom units." 2. That paragraph 3.6 of the Developer Agreement be amended to read as follows: . . · "3.6. BUILDING EXTERIOR: The building exterior shall consist of beige or tan horizontal lap siding with brown face brick details and the roof shall consist of green asphalt shingles. Any changes in the exterior materials shall require prior approval by the City Planning Commission. All two-bedroom units with den/office are shown on Exhibit A as having screened,.in porches. Pursuant to the changes shown in Exhibit C attached, the screened-in porches will be integrated into the interior construction with the exterior building material consisting of brick." 3. 3.8 of the Developer Agreement be amended to read as follows: "3.8. REQUIREMENTS FOR CERTIFICATE OF OCCUPANCY: Density shall be limited in the certificate of occupancy to reflect the approved units in paragraph 3.2. The two-bedroom plus den/office shall not be converted to three bedrooms." 4. That paragraph 3.6 of the Developer Agreement be amended to read as follows "3.10. OFF STREET PARKING AND LOADING: The Developer shall provide at least 111 off street parking spaces, including 3 handicapped spaces and loading area( s), as shown on the Development Plan. The parking lot shall be constructed with a hard surface consisting of asphalt or a similar surface material approved by the City Engineer." 5. The amendments to the original Development Plan are shown in the Exhibit C attached hereto and · ,incorporated herein, which changes are hereby approved by the City. 6. The Developer agrees to pay an additional $4,000 in WAC/SAC charges due to the increase in density from the original Development Plan. 7. In the event of any inconsistencies between the Developer Agreement, and this Amendment, the terms of this Amendment shall take precedence. 8. Except as expressly set forth in this Amendment, the Developer Agreement otherwise is unmodified, remains in full force and effect, and is incorporated and restated herein as if fully set forth at length. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment. CITY: ATTEST CITY OF ST. JOSEPH By By City Administrator/Clerk Mayor DEVELOPER: · SUMMIT MANAGEMENT, LLC . By Mark W. Lambert, President STATE OF MINNESOTA ) )ss COUNTY OF STEARNS ) On this _ day of January, 2004, before me, a notary public within and for said County, personally appeared and , to me personally known, who, being each by me duly sworn did say that they are respectively the Mayor and the City Administrator/Clerk of the City of St. Joseph, MÜmesota, 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/Clerk 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 January, 2004, before me, a notary public within and for said County, personally . appeared Mark W. Lambert, the President of Summit Management, LLC, a Minnesota limited liability company, the Developer named in the foregoing instrument, and that said instrument was signed on behalf of said company by authority of its Board of Governors and said President acknowledged said instrument to be the free act and deed of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Thomas G. Jovanovich - 5284X Susan M. Dege - 0290385 Rajkowski Hansmeier Ltd. 11 Seventh A venue North P.O. Box 1433 St. Cloud, Minnesota 56302 Telephone: (320) 251-1055 . · EXHIBIT C (Amendments to Development Plan) · · DEC-15-2003 MON 06:07 PM LAW OFFICES FAX NO. 651 223 5318 P. 02 I S MMIT MANAGEMENT, LLC. · 101 Eut Fifth Stree~ Suite 910 St. Paul, Minnesota 55101-1808 (651) 224-4741 (651)Z~5318(rax) MañI. w. Lcüert. PmW_ J)boect Dtal (ó51) 223-S493 I December 15; 2003 Ms. Judy Weyrens City Adnùnistrator City of St. Josep~ MN $637 Re: Dear Judy: I would again . to th the City ofSt. Josepb for all its help and understanding dwing the past weeks. It has bee!). a v difficuh loss but I was comforted to hear time and again that many in St. Joseph were loo~ fo d to seeing the building open and thought that it looked "nice". Hopefully; we can get ~d y with rebuilding in early January and open in August. i Enclosed please find a uple of minor revisions I would like to make to the Boulder Ridge Development Plan and Agree t prior to commencing reconstruction of the bui1àing. During the · month previous to the~, I actively pre-leasíng the builàing. As a result of this leasing activity, I Îound that there was much ter demand Îor three bedroom units andlor two bedroom units 'With _ 1 dens/offices and a weak;r d d for standard two bedroom units. In my approved buildinJ. I ba: e: I 6 - one bedroo~ unit 35 - two bedr~ uni I 3 - three bedroøm . I endment to provides for the following units: I would like to request 1 plan I 6 - one bedroomlunits 26 - two bedroofu uni 6- two bedroom ~ts 'th den/office 6 - three bedrooIþ unit ! In short I am requestin 3 additional three bedrooms (one additional bedroom in Units 110, 2107 and 310.. all ofw~ch w previously two bedroom W1Ìts), and I am requesting 6 den/offices in Units 101,201,301, lÙ2, 20 ,302 (all of which were previously two bedroom UIÙts with screened in deck). By my arcbìtþ cu1ation., we need 3 additional parking spaces. which we have added · in the east end of the p¡µ-king lot. The balance of the R-3 requirements stillcompiy because the perimeter of the builciinS and i size are not changing. ! i i ¡ ! I I DEC-1b-Z003 MON 06:08 eM LAW OFFICES FAX NO. 651 223 5318 P. 03 I would app . prompt consideration and approval of this request. I truly believe {. the community wiD be b ed with the minor unit plan revisions. If you have any additional questions, please feel ntact me at your convenience. Very Truly Yours, , SUMMIT MANAGEMENT, liC. ~/-- ~~~ Mark W. Lambert Enclosures . . . DEC-15-2003 MON 06:08 PM LAW OFFICES FAX NO. 651 223 5318 P. 04 I I I . - I C --.. I 10 I I I I I I 0 I I I I I:I I I 1,1 10 I 8'-' II I- I ,-= I I I ..Ä ;¡¡: I I I I I I I < ¡ I I 11 i II , 2'-011 - I , 0 b1 ---.....------- W I - 0 :;: ~ .. I~ I I I I I œ ¡ - I " ;: ( I W 1'1 I --œ---~ I ... - I ~ ~ 0 I I DEC-15-2003 MON 06:08 PM LAW OFFICES FAX NO. 651 2235318 P. 05 , -'- " "'-0· 2I1f'-0" "'-0· I~-'· ~ .... ~ T"'"~ f!!!' O. , O. "-0" 15'-0·""'" ~ 12'-0· '4 "¡II - , - ~ 1- ~~ '\. -~ 0 þ..) p ~ ~ [ .,..... Dt-.) m- - - ......- ('01 f') 28'-0" " lð 28'-0· J.:.. 1 ::.. W w 0 CJ I) I 01 CI ¡'" I....... m -~ m ~ ffi ~ z z ~ I~ L T wi: ~ 1111 } ro 191 m \ r ~ tJL. / + II~ I4J! 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