HomeMy WebLinkAbout2004 [01] Jan 21
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.. CITY OF ST. JOSEPH
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www.cityofstjoseph.com
St. Joseph Economic Development Authority
Meeting Notice
Administrdtor Wednesday, January 21, 2001 tf
Judy Weyrens 3:00 p.m. City Hall
MdYor
Ldrry I. Hosch 1. Call to Order.
Councilors 2. Approval of Agenda.
AI Rdssier
Ross Rieke 3. Election of Officers of the Board - 2004
Gdry Utsch a. Chair
Ddlc Wick b. Vice Chair
c. Treasurer
d. Secretary
. 4. Approval of Minutes.
a. December 17, 2002.
5. Financial Report.
a. Approval of Accounts Payable.
b. Financial Report
6. Business.
a. 2004 Meeting Schedule and Time
b. Buettner Business Park Covenants Amendment: Applicability to
commercial lots.
c. EDA Project Prioritization.
d. 2003 Annual Report of EDA Activities
7. Director Report.
a. Prospect List/Activity Report.
b. Staff Meeting.
8. Board Member Announcements.
9. Adjournment.
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2.) College Avenue North' PO )ox 668' Sdint. joseph, Minnesotd )6,74
Ph 0 n e ,2.0,6, ·72. 0 I I:d x ,2.0 . ,6, .0'42.
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. CITY OF ST. JOSEPH
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www.cityofstjoseph.com
DATE: January 14, 2004
Administrdtor MEMO TO EDA Board Members
Judy Weyrens ~JlJY\. ~... L' .~
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FROM: Joanne Foust and Cynthia Smith-Strack, MDG, Inc.
MdYor
Ldrry I. Hosch RE: EDA Board Annual Meeting
Councilors
AI Rdssier Background:
Ross Rieke State statutes requires the EDA to conduct an annual meeting. As a part of this meeting
Gdry Utsch the election of officers is scheduled.
Ddle Wick EDA Board appointments for 2004 are as follows:
Tom Skahen (2007)- at large
Bruce Gohman (2006) - at large
. Ross Reike (2006) City Council
Mike Deutz (2005)- at large
Larry Hosch (2005) - Mayor
The 2003 Officers were: Chair - Mike Deutz, Vice Chair- Larry Hosch, Treasurer - Ross
Reike, and Secretary - Bruce Gohman.
Action:
Nominations for the Board Officers shall be made during the meeting.
A MOTION to elect the following officer positions is in order:
Chair
Vice Chair
Treasurer
Secretary
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2.) College Avenue North' PO !)ox 668' Sdint. Joseph, Minnesotd )6'74
Phone 12.0 ,6'.72.01 I'd X 12.0.,6,.0'42.
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. CITY OF ST. JOSEPH
ECONOMIC DEVELOPMENT AUTHORITY
Meeting Minutes - Wednesday, December 17, 2003
Present: EDA Board Members Mike Deutz, Bruce Gohman, Larry Hosch, Tom Skahen and Ross Rieke
(3:09 p.m.).
Absent: None.
Also present: Cynthia Smith-Strack of Municipal Development Group.
President Deutz called the regular meeting of the S1. Joseph EDA to order at 3:00 p.m.
Agenda.
Moved by Gohman seconded by Skahen to approve the agenda. Motion carried 4-0.
Minutes.
The minutes from the November 19, 2003 Regular EDA meeting were discussed.
Moved by Hosch seconded by Gohman to approve the minutes from the regular EDA meeting held
November 19, 2003. Motion carried 4-0.
EDA Accounts Payable.
Strack provided an overview of accounts payable including the MDG contract for November in the amount
of $1,624.93 and $1,215.00 for reimbursement of 'banked' for the year.
. Rieke arrived at the meeting (3:09 p.m.).
Moved by Hosch seconded by Skahen to approve the EDA Accounts Payable as presented. Motion
carried 5-0.
Financial Report
Strack provided a brief overview of EDA expenditures and revenues to date for October and November
2003, noting she had requested the City's Financial Officer review Fund 250 (Revolving Loan Fund)
following posting to ensure payments received were credited.
Moved by Hosch, seconded by Skahen to approve financial reports from October and November. Motion
carried 5-0.
High Speed Data Line.
Strack noted as per the report in the packet, a representative from Owest contacted MDG, Inc. in the last
week of November to report the company would be installing DSL in the industrial areas in the late spring
or early summer of 2004. Owest lines will be able to serve current industrial parks, businesses adjacent
to CSAH 134 and possibly the new industrial area. DSL service charges will begin at $29.00 per month.
It was further noted that a meeting with US Cable and businesses interested in high speed lines was not
scheduled as MDG, Inc. phoned the company regarding their interest in holding the meeting in light of the
information received from Owes1.
Annual Report: EDA to City Council
Strack indicated MDG, Inc. prepared a draft annual report to the City Council on behalf of the EDA. The
report was included in the packet with a request for review and comment by the EDA. Strack highlighted
. the report, with discussion following.
EDA Minutes - December 17, 2003 Page 1
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. A request was made to add a total to the chart of estimated new taxes generated. In addition, it was
recommended the fourth recommendation for highway commercial development recommendations/goals
be expanded to include a statement in support of downtown business.
Gohman exited the meeting at 3:45 p.m.
Following additional discussion it was determined prioritization of goals and recommendations is
necessary to better define the 2004 work plan. Prioritization of goals will be added to the January EDA
agenda with Board Members asked to prioritize goals prior to the meeting.
Prospect List/Activity Report.
A report outlining communication with various contacts was included in the EDA's packet.
Director's Report.
Strack noted a staff meeting was held earlier in the day. The City's new Building Official Ron Wasmund
of Inspectron addressed staff noting an informational meeting was planned for 4:00 p.m. in the City
Council Chambers. EDA and staff members are invited to attend the meeting.
Board Member Reports.
A discussion regarding the relationship between the City Council and appointed boards/commissions was
held.
Adjournment
Motion by Skahen, seconded by Rieke to adjourn. Motion carried 4-0. Meeting adjourned at 4:15 p.m..
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EDA Minutes - December 17, 2003 Page 2
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. CITY OF ST. JOSEPH
. www.cityofstjoseph.com
DATE: January 14, 2004
Administrdtor MEMO TO: St. Joseph Economic Development Authority
Judy Weyrens ~v'\l) f'" ~c.-~
FROM: Joanne Foust & Cyn . I" mith-Strack, Municipal Development Group
MdYor RE: Accounts Payable- December, 2003 and Financial Report
Ldrry I. Hosch
Councilors A. Accounts Payable:
AI Rdssier Following are Accounts Payable for the EDA's Consideration:
Ross Rieke Payable To For Fund Amount
Gdry Utsch MDG, Inc. December Econ. Dev. Service 150-46500-300 $1,701.96
Odic Wick
Tom Skahen Per Diem 2003 150-46500-1 03 $ 300.00
Bruce Gohman Per Diem 2003 150-46500-1 03 $ 320.00
Michael Deutz Per Diem 2003 150-46500-103 $ 380.00
. Borgert Products TIF 1-3 Payment 2nd:Y2 2003 155-31050-000 $8,445.97
Total $11,147.93
Action:
A MOTION is in order to approve the Accounts Payable
B. Financial Report:
Attached are the December financial reports for the EDA consisting of:
1. EDA Revenues.
2. EDA Expenditures.
3. Check Register - December.
4. Fund Balances (Econ Devl150, TIF 1-3 155, TIF 1-4 156 and RLF 250).
Action:
A MOTION to approve the financial report is in order.
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2.) Coil e g e A v e n u e Nor t h . POI) 0 x 6 6 8 . S din t. 0 s e ph. M inn e sot d ) 6 , 7 4
Phone 12.0.16,.72.01 l:c1 x 12.0.,6,.0'42.
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. ~. INVOICE
MUNICIPAL DEVELOPMENT GROUP, INC.
25562 WILLOW LANE
NEW PRAGUE, MN 56071 City of St. Joseph
952-758-7399
FAX: 952-758-3711 Attn: Judy Weyrens
mdg@bevcomm.net City Administrator
PO 668
St. Joseph, MN 56374
Invoice Date 12-31-03 ~ Payment Terms: 30 days II Customer ID #: ST J03ED I
Project December Economic Development Services
See attached detail
Amou nt: $1,500.00 Monthly contract fee-35 hrs
$ 201.96 Mileage: 561 miles x .36
$1,701.96 Total
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Remit To: Municipal Development Group, Inc.
25562 Willow Lane
. New Prague, MN 56071
Dates-EDA
December 04, 2003 EDA Office Hours 7.00 hrs. C. Strack
December 11, 2003 EDA Office Hours 7.00 hrs. C. Strack
December 18, 2003 EDA Office Hours & EDA meeting 7.00 hrs. C. Strack
December 24, 2003 Draw down from Banked Hours 7.00 hrs.
December 30, 2003 EDA minutes 7.00 hrs. C. Strack
Total December, 2003 28.00 hrs - Invoice for 35 hours
Banked Hours: December 24th 7.0 hours paid out from bank; balance as of 1-14-
03 = zero.
Thank you! We appreciated the opportunity to work with you!
L
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I Check No. I ¿L/2A"cz¿" ~ fie(~
Principal
. Date:
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.
City of 51. Joseph 01/14/0412:44 PM
. Page 1
. EDA Expenditures
Current Period: December 2003
YTD %
OBJ OBJ Descr Budget Exp Expense Balance of Budget
'=UND 150 Economic Development
DEPART 46500 Economic Development Authority
103 Legislative Bodies $700.00 $700.00 $0.00 100.00%
151 Workers Compo Insur. Premo $100.00 $70.00 $30.00 70.00%
200 Office Supplies $500.00 $139.32 $360.68 27.86%
300 Professional Services $21,600.00 $21,728.48 -$128.48 100.59%
303 Engineering Fee $2,000.00 $0.00 $2,000.00 0.00%
304 Legal Fees $1,000.00 $0.00 $1,000.00 0.00%
321 Telephone $1,200.00 $786.18 $413.82 65.52%
322 Postage $200.00 $112.00 $88.00 56.00%
327 Tax Increment Certification $0.00 $0.00 $0.00 0.00%
331 Travel & Conference Expense $500.00 $0.00 $500.00 0.00%
340 Advertising $500.00 $0.00 $500.00 0.00%
433 Dues & Subscriptions $0.00 $0.00 $0.00 0.00%
582 Computer Software $980.00 $0.00 $980.00 0.00%
587 Special Projects $0.00 $0.00 $0.00 0.00%
700 Misc $0.00 $25,000.00 -$25,000.00 0.00%
DEPART 46500 Economic Development Autho $29,280.00 $48,535.98 -$19,255.98 165.76%
=UND 150 Economic Development $29,280.00 $48,535.98 -$19,255.98 165.76%
=UND 155 TIF 1-3 Borgert (SKN)
DEPART 46500 Economic Development Authority
. 300 Professional Services $0.00 $510.00 -$510.00 0.00%
327 Tax Increment Certification $0.00 $0.00 $0.00 0.00%
340 Advertising $0.00 $19.43 -$19.43 0.00%
600 Debt Service - Principal $0.00 $4,971.94 -$4,971.94 0.00%
611 Bond Interest $0.00 $11,920.00 -$11,920.00 0.00%
620 Agent Fees $0.00 $0.00 $0.00 0.00%
DEPART 46500 Economic Development Autho $0.00 $17,421.37 -$17,421.37 0.00%
DEPART 49301 Transfer to other Funds
700 Misc $0.00 $15,438.97 -$15,438.97 0.00%
DEPART 49301 Transfer to other Funds $0.00 $15,438.97 -$15,438.97 0.00%
=UND 155 TIF 1-3 Borgert (SKN) $0.00 $32,860.34 -$32,860.34 0.00%
=UND 156 TIF 1-4 St. Joe Development
DEPART 46500 Economic Development Authority
300 Professional Services $0.00 $640.00 -$640.00 0.00%
304 Legal Fees $0.00 $285.50 -$285.50 0.00%
327 Tax Increment Certification $0.00 $0.00 $0.00 0.00%
340 Advertising $0.00 $19.42 -$19.42 0.00%
600 Debt Service - Principal $0.00 $0.00 $0.00 0.00%
611 Bond Interest $0.00 $0.00 $0.00 0.00%
620 Agent Fees $0.00 $0.00 $0.00 0.00%
DEPART 46500 Economic Development Autho $0.00 $944.92 -$944.92 0.00%
=UND 156 TIF 1-4 St. Joe Development $0.00 $944.92 -$944.92 0.00%
=UND 250 Revolving Loan Fund
.EPART 46500 Economic Development Authority
490 Revolving Loan $0.00 $42,000.00 -$42,000.00 0.00%
DEPART 46500 Economic Development Autho $0.00 $42,000.00 -$42,000.00 0.00%
=UND 250 Revolving Loan Fund $0.00 $42,000.00 -$42,000.00 0.00%
15
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City of 51. Joseph 01/14/0412:44 PM
Page 2
. EDA Expenditures
.
Current Period: December 2003
YTD %
OBJ OBJ Descr Budget Exp Expense Balance of Budget
$29,280.00 $124,341.24 -$95,061.24 424.66%
.
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City of 51. Joseph 01/14/0412:44 PM
Page 1
- EDA Revenues
. Current Period: December 2003
YTD %
SOURCE SOURCE Descr Budget Rev Revenue Balance of Budget
FUND 150 Economic Development
31010 Current Ad Valorem Taxes $29,280.00 $0.00 $29,280.00 0.00%
31050 Tax Increment $0.00 $0.00 $0.00 0.00%
34150 TIF/MIF DEPOSIT $0.00 $0.00 $0.00 0.00%
34151 lOB DEPOSIT $0.00 $0.00 $0.00 0.00%
36210 Interest Earnings $0.00 $293.17 -$293.17 0.00%
39201 Transfers from Other Fund $0.00 $54,280.00 -$54,280.00 0.00%
FUND 150 Economic Development $29,280.00 $54,573.17 -$25,293.17 186.38%
FUND 155 TIF 1-3 Borgert (SKN)
31050 Tax Increment $0.00 $17,780.98 -$17,780.98 0.00%
39201 Transfers from Other Fund $0.00 $0.00 $0.00 0.00%
=UND 155 TIF 1-3 Borgert (SKN) $0.00 $17,780.98 -$17,780.98 0.00%
=UND 156 TIF 1-4 St. Joe Development
31050 Tax Increment $0.00 $0.00 $0.00 0.00%
34150 TIF/MIF DEPOSIT $0.00 $0.00 $0.00 0.00%
34151 lOB DEPOSIT $0.00 $0.00 $0.00 0.00%
=UND 156 TIF 1-4 St. Joe Development $0.00 $0.00 $0.00 0.00%
=UND 250 Revolving Loan Fund
33130 Federal Grants-Community $0.00 $42,000.00 -$42,000.00 0.00%
36210 Interest Earnings $0.00 $287.89 -$287.89 0.00%
.212 CDAP Loan Interest $0.00 $678.80 -$678.80 0.00%
312 CDAP Loan Proceeds $0.00 $3,188.65 -$3,188.65 0.00%
=UND 250 Revolving Loan Fund $0.00 $46,155.34 -$46,155.34 0.00%
$29,280.00 $118,509.49 -$89,229.49 404.75%
.
\1
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City of 51. Joseph 01/14/0412:49 PM
Page 1
. EDA Check Register
·
:;HECK # Search Name Comments FUND DEPART Amount
)33606 MUNICIPAL DEVELOPMENT CORP nov ecta services 150 46500 $1,624.93
)33631 US LINK november services 150 46500 $64.05
)33672 BORGERT PRODUCTS, INC/SKN TIF payment-intere 155 46500 $5,929.00 . .
)33672 BORGERT PRODUCTS, INC/SKN TIF payment-prinei 155 46500 $2,516.97
)33677 DEUTZ, MICHAEL 2003 ecta meetings 150 46500 $380.00
)33681 GOHMAN, BRUCE 2003 ecta meetings 150 46500 $320.00
)33692 MUNICIPAL DEVELOPMENT CORP pay ctee bank 150 46500 $1,215.00
)33696 POSTAGE BY PHONE postage 150 46500 $12.00
)33698 SKAHEN, TOM 2003 ecta meetings 150 46500 $300.00
$12,361.95
·
·
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City of 51. Joseph 01/14/041:06 PM
Page 1
. Cash and Investment
· Current Period: December 2003
MTD MTD Current
FUND FUND Descr Begin Yr Debit Credit Balance
150 Economic Development $2,997.35 $0.00 $3,915.98 $6,037.19
155 TIF 1-3 Borgert (SKN) $24,933.78 $8,890.49 $8,445.97 $2,248.24
156 TIF 1-4 St. Joe Development $0.00 $0.00 $0.00 -$944.92
250 Revolving Loan Fund $4.16 $0.00 $0.00 $4,159.50
$27,935.29 $8,890.49 $12,361.95 $11,500.01
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.
- CITY OF ST. JOSEPH
. www.cityofstjoseph.com
DATE: January 14, 2004
Administrdtor MEMO TO EDA Board Members
TnlF. .. L)
Judy Weyrens FROM: Joanne Foust and Cynbíîa Smith-Strack, MDG, Inc.
MdYor RE: EDA Meeting Schedule - 2004
l.drry ]. Hosch
Councilors Background:
AI Rdssier In 2003, the EDA Board made a motion to hold the regularly scheduled board meetings
Ross Rieke on the third Wednesday of every month. If the EDA Board wishes to follow the same
schedule, the 2004 meetings would be as follows:
Gdry Utsch February 18th
Odle Wick March 1 ih
April 21st
May 9th
June 16th
. July 21 st
August 18th
September 15th
October 20th
November 1 ih
December 15th
It is noted that at the December 2003 meeting discussion occurred regarding convening
EDA meetings at 3:00 p.m. rather than 4:00 p.m. If the EDA wishes to change the
standardized meeting time direction to staff to that effect is in order.
At the November, 2003 meeting MDG, Inc. was directed to review the 2004 calendar
and choose four weeks in which weekly office hours would not be held. Pursuant to the
directive, MDG, Inc. proposes to not establish official office hours for the weeks of:
July 5th
November 22nd
December 2ih
In addition, MDG, Inc. proposes one floating week without established office hours to be
used during a period of inclement weather or as negotiated.
Action:
If this schedule is acceptable, a MOTION needs to be made adopting the schedule. As
. always, the EDA can hold special meetings at any other time as deemed necessary.
2.) College Avenue North' PO I">ox 668 . Sdint. Joseph, Minnesotd )6,74
Phone ,2.0 16,.72.2 f I'd X 12.0.16,.0142.
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JJ
-.
... CITY OF ST. JOSEPH
. www.cityofstjoseph.com
DATE: January 14, 2004
MEMO TO: Economic Development Authority
Administrdtor _'~îF'¡ G~
FROM: Joanne Foust & Cynthia 13m' -Strack, Municipal Development Group
Judy Weyrens
RE: Proposed Amendment to Covenants - St. Joseph (Buettner) Business Park
Mdyor
Ldrry J. Hosch Request:
The Economic Development Authority has received a written petition for amendment to the
Councilors "Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park".
AI Rdssier
Ross Rieke The proposed amendment would exempt the following parcels from a required minimum lot
Gdry Utsch size of three (3) acres:
Odle Wick 1. Lot 1, Block 4
2. Lots 1 & 2, Block 3
A proposed amendment and restatement of the Buettner Business Park Covenants has been
. drafted by the original property owner's attorney on behalf of the undersigned property
owners. A sample of the document was received on January 14th for inclusion in the EDA
packet. The original document is being circulated to all property owners within the Buettner
Business Park, Buettner Business Park 2 and Buettner Business Park Three for signatures.
Covenants currently in effect provide for amendment or modification pursuant to a written
instrument executed by the owners of 70% of the property (measured by the square footage
of the buildable lots) owners and approval by the St. Joseph Economic Development
Authority.
Additional information of percentage of property owners executing the proposed amendment
is expected to be available at the EDA meeting.
The City Attorney has received and will review a copy of the proposed amendment and
restatement. Additional information regarding review by the City Attorney will be available at
the EDA meeting.
A copy of the following are attached for your information:
1. The proposed "Amendment and Restatement of Buettner Business Park
Protective Covenants"; and,
2. A copy of the current "Buettner Business Park Protective Covenants" recorded at
the county.
Section 1 .03 - Alteration of Lot Lines is proposed to be amended by inserting the following
statement: "Notwithstanding anything to the contrary stated above, the subdivision
restrictions contained herein shall not apply or restrict the subdivision of Lot 1, Block 4,
. Buettner Business Park and Lots 1 and 2, Block 3, Buettner Business Park."
2.) College Avenue North' PO )ox 668' Sdint. Joseph. Minnesotd )6"374
Phone 12.0.,6'~:5 I:d x 12.0.,6,.0'42.
.
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-
· The proposed language is found on page 4 of the proposed covenant amendment and
restatement and would release said lots (currently zoned as B-2 Highway 75 Business) from
a required minimum three-acre lot size. If approved the minimum lot size established by the
City of St. Joseph Zoning Ordinance -10,000 sq. ft. with a minimum width of 100 feet would
serve as the minimum lot size.
Background:
The request has been initiated due to uncertainty regarding whether or not certain parcels
were/are subject to the minimum lot size requirements established by the amended
covenants. Page one of the Covenants currently in effect reference an "Exhibit A" which is
not attached to the recorded document. It is not clear at this time whether or not it was the
intent of the EDA to require Lot 1, Block 4 and Lots 1 & 2 of Block Three of the Buettner
Business Park be subject to the covenants or what document "Exhibit A" references. It is
noted said parcels were exempted from the Sales and Marketing Agreement previously in
effect by and between Mr. Buettner and the St. Joseph Economic Development Authority via
an "Exhibit A". However, an "Exhibit A" recorded with the original covenants did subject said
parcels to the covenants.
The City Attorney has reviewed all correspondence relative to an "Exhibit A" and does not
have a documented record of an attachment to the protective covenants.
Recommendation:
Due to the variation of type and intensity of uses allowed (i.e. Highway Business vs. Light
Industrial), the market value of property and the EDA's desire to assist and promote
commercial and industrial development it is recommended the request to relieve Lot 1, Block
4 and Lots 1 & 2, Block 3 from a minimum 3-acre lot size requirement be approved.
· Action:
Following discussion, if the EDA views the proposed amendment to release Lot 1, Block 4
and Lots 1 & 2, Block 3 from the three acre minimum lot size as favorable, a MOTION to
approve the "Amendment and Restatement of Buettner Business Park Covenants" and to
authorize the EDA President and Secretary to sign the Covenants, upon signature by a
minimum of 70% of the property owners (calculated by by the square footage of the buildable
lots), is in order.
·
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.-'SØJ ST. JOSEPH EXHIBIT .
. BUSINESS PARK
1-~. JOSEPH, MINNESOTA. NO.1 .
.
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.
AMENDMENT AND RESTATEMENT
OF
BUETTNER BUSmESSPARK
PROTECTIVE COVENANTS
Buettner Business Park consists of the property legally described as follows:
Buettner Business Park:
Lot 1 , Block 1
. Lot 1, Block 2
Lot 1, Block 3
Lot 2, Block 3
Lot 1, Block 4
Lot 1, Block 5
Outlot A
Buettner Business Park 2:
Lot 1, Block 1
Lot 2, Block 1
Lot 3, Block 1
Buettner Business Park Three:
Lot 1, Block 1
Lot 2, Block 1
Lot 3, Block 1
(collectively the "Property").
The Property is subject to covenants, conditions and restrictions contained in Buettner
Business Park Protective Covenants dated September 23, 1999, recorded September 27, 1999, as
Document No. 925652, in the office of the County Recorder for Steams County, Minnesota (the
. "Original Protective Covenants"). The Property is also subject to covenants, conditions and
restrictions contained in Buettner Business Park Protective Covenants dated July 25, 2002,
U
"' recorded July 26, 2002, as Document No. 1018146, in the office of the County Recorder for
. Steams County, Minnesota (the "Amended Protective Covenants").
The Original Protective Covenants and Amended Protective Covenants (collectively the
"Covenants'') at Section 1.05 provide the procedure for amendment or modification of the
Covenants. The procedure for amendment requires execution by holders of seventy percent
(70%) of the Property Owners as measured by the square footage of the buildable lots. During
the initial ten (10) years of the Covenants, any amendment also requires approval of the
Economic Development Authority of St. Joseph, Minnesota ("EDA"). An amendment is
effective when filed for recording with the Steams County Recorder's office.
The Property consists of2,474,164.44 square feet of the buildable lots.
As of the date of this agreement, the Property is owned as follows:
Buettner Business Park:
Property Owner Legal Description
Leo & Gloria Buettner Lot 1, Block 1
S1. Joe Development, LLC Lot I, Block 2
Leo & Gloria Buettner Lot 1, Block 3
Leo & Gloria Buettner Lot 2, Block 3
Leo & Glona Buettner Lot 1, Block 4
. Gary R. Hawkins, as Trustee of the Lot 1, Block 5
Gary R. Hawkins Revocable Trust
and Marjorie W. Hawkins as Trustee of
the Marjorie W. Hawkins Revocable Trust
City of St. Joseph Outlot A
Buettner Business Park 2:
Property Owner Legal Description
Leo & Gloria Buettner Lot 1, Block 1
Jeffrey P. & Elaine P. Ramler Lot 2, Block 1
BTL Properties, LLC Lot 3, Block 1
David Mehr, President
Michelle Mehr, Vice President
Buettner Business Park Three:
Property Owner Legal Description
Leo & Gloria Buettner Lot I, Block 1
Leo & Gloria Buettner Lot 2, Block I
North Central Truck Accessories, Inc. Lot 3, Block 1
Timothy J. Ross, President/CEO
.
2
J1
-
· The ownership of the Property by square footage is as follows:
Property Owner
Square Footage
Leo & Gloria Buettner 1,576,392.84
St. Joe Development, LLC 348,480.00
BTL Properties, LLC 130,680.00
Jeffrey P. & Elaine P. Ramler 130,680.00
North Central Truck Accessories, Inc. 174,240.00
Gary R. & MaIjorie W. Hawkins Trusts 113,691.60
City of St. Joseph 56,018.16 (this is not a buildable lot)
In excess of seventy percent (70%) of the property owners ("Consenting Property
Owners") wish to amend the Covenants. The Consenting Property Owners also wish to avoid
any future confusion as to the applicable Covenants against the Property by restating all the
Covenants as amended in this Amendment and Restatement of Buettner Business Park Protective
Covenants (the "Declaration"). This Declaration shall supercede and replace the Original
Protective Covenants and Amended Protective Covenants in their entirety.
The Consenting Property Owners own percent ( %) of the square footage of
buildable lots.
The EDA has approved the amendment and restatement of the Covenants by execution of
tIus Dt:daralion.
· Attached as Exhibit "A" is an Affidavit of Service on Owners showing that notice of this
. Declaration has been gtven to all property owners.
THEREFORE, the Consenting Property Owners and the EDA hereby define, publish and
declare the following Covenants against the Property. This Declaration shall supercede the
Covenants and shall be binding upon the ultimate recipient of the Property as follows:
SECTION I
GENERAL TERMS
Section 1.01 - Nature. The Covenants hereinafter set forth shall be considered as
Covenants running with the land, be binding on all persons claiming ownership of the Property
and the duration of the Covenants will run in perpetuity with the land and facilities, except as
stated in Section 1.02. The administration of such Covenants will be a responsibility of the
EDA, but any party or entity owning any portion of the Property may take any action permitted
under law to enforce these Covenants in the event of a violation to another property owner.
Section 1.02 - Term of Covenants. The Covenants hereinafter set forth shall be
considered as Covenants on said Property, administered by the EDA, for a period of twenty (20)
years from the date of execution of the Original Protective Covenants which was September 23,
1999. During the initial ten (10) year term commencing on September 23, 1999, they may be
· terminated only with the written consent of eighty percent (80%) of the property owners and the
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- consent of the EDA. During the second ten (10) year term of these Covenants, the Covenants
. may be terminated by written action of at least seventy percent (70%) of the property owners as
measured by the square footage of the buildable lots. Thereafter, these Covenants will continue
to renew annually unless terminated by written action of fifty-one percent (51%) of the property
owners, as measured by the square footage of the buildable lots.
Section 1.03 - Alteration of Lot Lines.
Combination: An owner of adjoining lots may combine lots so as to make the
development of a facility more compatible with setback requirements. Such a combination may
be subject to the vacation of utility easement and will require approval from the S1. Joseph City
Council. Upon combination of lots, the multiple parcels which are combined shall be one
building lot and not be split thereafter.
Subdivision: An owner of a lot may subdivide a lot into two separate parcels, but may
do so only by following and complying with the rules and regulations established by the City of
S1. Joseph Subdivision Ordinance, and so long as each remaining lot, following the subdivision,
is at least three (3) acres in size.
Notwithstanding anything to the contrary stated above, the subdivision restriction] ¡
contained herein shall not apply or restrict the subdivision of Lot 1, Block 4, Buettner .
Business Park and Lots 1 and 2, Block 3, Buettner Business Park.
. Section 1.04 - Acknowledgment of City. The owners of lots acknowledge that this
Property is in the City of St. Joseph ("City") and all purchasers and assigns hereafter are given
notice that all properties are subject to the regulations and requirements of said Cjty.
Section 1.05 - Amendments. The Declaration may be amended or modified by an
instrument in writing, executed by the owners of seventy percent (70%) of the Property as
measured by the square footage of the buildable lots. During the initial ten (10) years of these
Covenants, any amendment must also be approved by the EDA to be effective. An instrument
executed in accordance with this section-shall be effective when filed for recording with the
Stearns County Recorder's office. No amendment or modification to this Declaration may
impose additional restrictions on the Property.
Section 1.06 - Severability. If any part, term or provision of these Covenants is by the
Courts held to be illegal or in contlict with any law of this state where made, the validity of the
remaining portions or Covenants shall not be affected and the rights and obligations shall be
constructed and enforced as if these Covenants did not contain the particular part, term or
provision held to be invalid.
Section 1.07 - Mortgages. If any lot is sold under a foreclosure of any mortgage, the
purchaser at such foreclosure sale and the purchaser's heirs, successors and assigns shall own
such lot, subject to all of the covenants, conditions and restrictions of this Declaration.
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- Section 1.08 - Dues and Assessments. The owners of lots shall not be obligated to
. pay any dues in conjunction with the covenants, conditions and restrictions imposed by this
Declaration. Special assessments may be levied on any lot by the City for public works projects
as pennitted by law.
SECTION II
ECONOMIC DEVELOPMENT AUTHORITY
Section 2.01 - Duties. During the initial ten (10) year tenn of the Covenants, it
shall be the duty of the EDA to consider and act upon such proposals or plans from time to time
submitted pursuant to Section III and to perform such other duties from time to time delegated to
it by these Covenants.
X Section 2.02 - Liability. Neither the City of St. Joseph; Leo C. Buettner, Gloria L. -#
Buettner'or the EDA or any officers thereof shall be liable to any owner or association of owners
for any damages, loss or prejudice suffered or claimed on account of:
A. The approval or rejection of any plans, drawings and specifications,
whether or not defective;
B. The construction or performance of any work, whether or not pursuant to
approved plans, drawings and specifications;
C. The development or manner of development of any property within the
CIty; and
. D. A violation of these Covenants by another owner.
SECTION III
CONSTRUCTION REQUIREMENTS
Section 3.01 - Prior Approval of Structures. No buildings or structures shall be
constructed, erected, excavated or maintained upon any lot within the development without prior
review and approval by the EDA of all plans. All plans to be approved by the EDA must be sent
or dropped off at the St. Joseph City Hall, St. Joseph, Minnesota. The EDA will review the plans
in a timely manner and will approve or deny the plans based on compliance or non-compliance
with these Covenants. If the EDA has not made a decision within sixty (60) days of the receipt
of a completed application, the plans will be considered in compliance with Covenants and
approved. The plans and specifications shall include a set of drawings which will become
property of the City and include the following:
A. Horizontal floor plan and the exterior elevations in relation to the
proposed fmished grade;
B. A full description of exterior building materials;
C. Parking and landscaping plans subject to Sections 3.02 and 3.03,
D. Outdoor storage sketch indicating the types and quantities of materials to
be stored outdoors; the exact area and dimensions of the portion of the site
to be designated for outdoor storage; and the location, type and
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- dimensions of fencing and screening materials to be used to enclose
· outdoor storage; and
E. Other reasonable details that may be requested.
Section 3.02 - Landscaping and Parking Lot Screening. All open areas of any site,
tract or parcel shall be upgraded to provide proper drainage and except for areas used in parking,
drives or storage shall be landscaped with trees, shrubs or planted ground cover. It shall be the
owner's responsibility to see that this landscaping is maintained in an attractive and well-kept
condition after the initial sale by the landowner. All vacant lots, tractors or parcels shall also be
property maintained in accordance to the City's Weed Ordinance.
When a parking lot is located adjacent to a public right-of-way, a strip of landscaping
shall shield views of parked cars to passing motorists and pedestrians. Parking lots are required
to have a six foot landscaped strip with a minimum three (3) foot grade drop from the right-of-
way to the parking lot. One (1) shade tree and five (5) shrubs are required for every thirty-five
(35) linear feet. Sigh hazards for passing traffic and employees shall be avoided by prohibiting
solid hedges over four (4) feet as a screening material.
Section 3.03 - Landscaped Greenway. Property owner shall maintain a ten (10)
foot wide greenway adjacent to the drainage and utility easements that abut County Road 133
right-of-way. Within this greenway, trees shall be planted and maintained by the property owner
at thirty-five (35) foot intervals. Trees shall be deciduous and shall be at least two-inch caliper at
· a point one (1) foot above the ground surface when planted. Species of trees shall be subject to
approval of the EDA. The surface of the greenway and adjacent drainage and utility easements
may be sodded or seeded, and shall be maintained as a owed lawn. Automatic underground
sprinkler systems designed to provide water to the greenway and easement areas are encouraged,
but not mandatory.
Section 3.04 - Pole Barns. The construction of a pole barn shall be prohibited in all
areas. A pole barn is defined as a structure, the basic support and framework of which is
provided by wooden poles inserted into the ground vertically similar to a telephone pole.
Section 3.05 - Acceptable Construction Material. All construction of new facilities
shall consist of pre-cast or cast tip up concrete walls, concrete block (painted or decorative), post
frame/steel ftame with a concrete block or poured concrete complete perimeter foundation with
frost footings extending a minimum of eight inches (8") above the final grade. and stick built
construction. Pre-finished architectural metal panels, with a minimum twènty (20) year
manufacturer color-fast warranty, may be used as a construction material, provided the
requirements of Section 3.06 are adhered to. Surface painted metal and unfinished metal panels
are not permitted as acceptable construction materials.
Section 3.06 - Exterior Building Standards. Buildings built with the materials defined in
Section 3.05 shall require a minimum of twenty-five percent (25%) of the exterior building finish
directly facing streets consist of materials comparable to the list of acceptable materials listed in
this Section. Pre-cast or cast in place concrete btÙldings shall provide as much adornment as is
· possible considering their exterior finish limitations.
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. Approved Exterior Building Finishes:
·
A. Face Brick
B. Natural Stone or Cultured Rock
C. Glass
D. Vinyl
E. Stucco
F. Aluminum Lapsiding
G. Cut Block
H. Concrete Block (the surface must be treated with an applied decorative
texture or material)
1. Other approved decorative siding
Section 3.07 - Conditionally Approved Materials. Pre-finished architectural metal
panels may be utilized for accent and/or architectural components of a building such as the entry
or entry appendage, a required enclosure or screen (unless expressly prohibited by section
language) or· architectural roofing as an intended designed accent or a mandatory component of a
prototype national or regional building program.
Section 3.08 - Environment. The EDA will request information from property owners
such as the proposed use of the lot and siting of the structures. The intent is to encourage uses
and designs which protect the environmental quality of the area.
· SECTION IV
ON-SITE REQUIREMENTS
Section 4.01 - Hazard. Every operation shall be carried on with reasonable
precautions against fire and explosion.
Section 4.02 - Air Quality. Any activity or operation shall conform to Minnesota Rules
Chapters 7002-7030 (as may from time to time be amended) relating to air quality standards. Air
quality standards apply to the emission of noise, odors, particulate matters, etc.
Section 4.03 - Glare. Any lighting used to illuminate off-street parking area, sign accent
lighting for the main building structure, whether direct or reflected, shall be arranged to
minimize visibility and not to be visible from the property line.
Section 4.04 - Waste. All solid waste material, debris or other refuge shall be
contained within an enclosure as specified in Section 5.01, Refuse Enclosure. All liquid waste
containing organic or toxic materials shall be discharged in a manner described by the Minnesota
Pollution Control Agency ("MPCA"). Any temporary storage of any such materials shall be
contained in an approved manner complying with the state and federal office of fire marshal,
-* MPCA and agricultural department.
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. Section 4.05 - Radiation and Electrical Emission. All activities that emit radioactivity
· and/or electrical emissions shall be in strict compliance with the Minnesota Pollution Control
Agency Act and Federal Communications Commission.
SECTION V
SCREENING AND ENCLOSURES
Section 5.01 - Refuse Enclosure. All refuse containers shall be kept in a three sided
enclosure constructed of a brick, stone, decorative concrete material or a durable material (i.e.
screened chain link) with a latched gate for the fourth side. A minimum height of five (5) feet
for the enclosure will be required.
Section 5.02 - Loading Dock and Garage Entrance Screening. Loading docks and
garage entrances and exits shall be screened to minimize visibility from any public street and/or
any adjacent building structures front or side yard viewing point.
Section 5.03 - Outdoor Storage Screening. Outdoor storage of equipment and materials
directly related to the use of the principal building, provided the storage area does not exceed
seven (7) times the gross floor area of the principal building and the area is contained within and
screened with an eight (8) foot high chain link lathe fence. Outdoor storage and fence setbacks
shall conform with the City's Zoning Ordinance regulations.
SECTION VI
· COVENANT ADMINISTRATION
Section 6.01 - Enforcement. The EDA shall have the authority to enforce the Covenants.
The EDA will have the authority to bring action for specific performance or injunctive relief to
enforce any protective and servitude contained herein. Any owner of Property shall also have
the authority to bring an action against another owner seeking enforcement of these Covenants.
Section 6.02 - Restatement. This DecIaration is intended to amend, restate and totally
supercede the Original Protective Covenants recorded as Document No. 925652 and the
Amended Protective Covenants recorded as Document No. 1018146.
IN WITNESS WHEREOF, the undersigned have executed this agreement on the date set
opposite their signature and have indicated their consent to the amendment and restatement or
have withheld their consent as indicated.
·
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. EDA
·
ECONOMIC DEVELOPMENT
AUTHORITY OF ST. JOSEPH
Leo C. Buettner
By
Its President
Gloria Buettner
By Date: 2004
Its Secretary
Consent
Date: , 2004 Withheld Consent
-
Consent
Withheld Consent
Gary R. Hawkins, as Trustee of the
Gary R. Hawkins Revocable Trust
ST. JOE DEVELOPMENT, LLC
· By Marjorie W. Hawkins, as Trustee of
Michael Gohman the Marjorie W. Hawkins Revocable
Its Chief Manager Trust
Date: ,2004 Date: , 2004
Consent Consent
Withheld Consent Withheld Consent
CITY OF ST. JOSEPH
Jeffrey P. Ramler
By
Larry Hosch
Its Mayor Elaine P. Ramler
Date: , 2004 Date: ,2004
Consent Consent
Withheld Consent Withheld Consent -
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· BTL PROPERTIES, LLC NORTH CENTRAL TRUCK
ACCESSORIES, INC.
By
David Mehr By
Its President Timothy J. Ross
Its President
Date: ,2004
Date: , 2004
Consent
Withheld Consent Consent
Withheld Consent
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
· ' 2004, by , the President and
, the Secretary of the Economic Development Authority of
St. Joseph.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this day of , 2004, betòre me, a Notary Public within and
for said County. personally appeared Leo C. Buettner, to me known to be the same person
described in and who executed the foregoing instrument and acknowledged that he, Leo C.
Buettner, executed the same as his free act and deed.
Notary Public
·
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-
. STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this day of , 2004, before me, a Notary Public within and
for said County, personally appeared Gloria Buettner, to me known to be the same person
described in and who executed the foregoing instrument and acknowledged that she, Gloria
Buettner, executed the same as her free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
. ' 2004, by Michael Gohman, the Chief Manager of S1. Joe
Development, LLC, a limited liability company under the laws of the State of Minnesota, on
behalf of the company.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this _ day of , 2004, before me. a Notary Public within and
for said County, personally appeared Gary R. Hawkins, as Trustee of the Gary R. Hawkins
Revocable Trsut, to me known to be the same person described in and who executed the
foregoing instrument and acknowledged that he, Gary R. Hawkins, as Trustee, executed the same
as his free act and deed.
. Notary Public
II
3(,
...
-
. STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this day of , 2004, before me, a Notary Public within and
for said County, personally appeared Matjorie W. Hawkins, as Trustee of the Marjorie W.
Hawkins Revocable Trust, to me known to be the same person described in and who executed
the foregoing instrument and acknowledged that she, Marjorie W. Hawkins, as Trustee"
executed the same as her free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
-
. ' 2004, by Larry Hosch, the Mayor of the City of St. Joseph.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
On this day of , 2004, before me, a Notary Public within and
for said County, personally appeared Jeffrey P. Ramler, to me known to be the same person
described in and who executed the foregoing instrument and acknowledged that he, Jef:trey P.
Ramler, executed the same as his:tree act and deed.
Notary Public
.
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~ STATE OF MINNESOTA )
· ) ss.
COUNTY OF STEARNS )
On this day of , 2004, before me, a Notary Public within and
for said County, personally appeared Elaine P. Ramler, to me known to be the same person
described in and who executed the foregoing instrument and acknowledged that she, Elaine P.
Ramler, executed the same as her free act and deed.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
, 2004, by David Mehr, the Chief Manager/President of BTL
Properties, LLC, a limited liability company under the laws of the State of Minnesota, on behalf
· of the company.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF STEARNS )
The foregoing instrument was acknowledged before me this day of
-
, 2004, by Timothy J. Ross, the President of North Central Truck
Accessories, Inc., a corporation under the laws of the State of Minnesota, on behalf of the
corporation.
Notary Public
· f:\t1Ies\:ïOO·S99\ I 0560\I>rotectCovc:nant~
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"
. EXHIBIT "A" TO AMENDMENT AND RESTATEMENT OF
. BUETTNER BUSINESS PARK PROTECTIVE COVENANTS
AFFIDAVIT OF SERVICE ON OWNERS
STATE OF MINNESOTA )
) 55.
COUNTY OF STEARNS )
Jerome Hettwer of 26 Sixth A venue North, St. Cloud, County of Stearns, State of
Minnesota, being duly sworn on oath, says that he served a copy of the Amendment and
Restatement of Buettner Business Park Protective Covenants on the owners of Property in
Buettner Business Park, Buettner Business Park 2 and Buettner Business Park Three by serving
on them by hand delivery a true copy thereof at the Property owned by them as follows:
Buettner Business Park:
Property Owner Legal Description
Leo & Gloria Buettner Lot 1, Block 1
St. Joe Development, LLC Lot 1, Block 2
Leo & Gloria Buettner Lot 1, Block 3
Leo & Gloria Buenner Lot 2, Block 3
. Leo & Gloria Buettner Lot 1, Block 4
Gary R. Hawkins, as Trustee of the Lot 1, Block 5
Gary R. Hawkins Revocable Trust
and MarjorieW. Hawkins as Trustee of
the MaIjorie W. Hawkins Revocable Trust
City of St. Joseph Outlot A
Buettner Business Park 2:
Property Owner Legal Description
Leo & Gloria Buettner Lot 1, Block 1
Jeffrey P. & Elaine P. Ramler Lot 2, Block 1
BTL Properties, LLC Lot 3, Block 1
David Mehr, President
Michelle Mehr, Vice President
Buettner Business Park Three:
Property Owner Legal Description
Leo & Gloria Buettner Lot 1, Block 1
Leo & Gloria Buettner Lot 2, Block 1
North Central Truck Accessories, Inc. Lot 3, Block 1
. Timothy J. Ross, President/CEO
39
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~ The undersigned also provided notice of the January 21, 2004 meeting of the Economic
. Development Authority of 8t. Joseph at which meeting the Economic Development Authority of
St. Joseph will be requested to provide its consent.
Jerome Hettwer
Sworn to and subscribed before me this
_ day of January, 2004.
Notary Public
c:\files\5 00-599\1 0560\AffServOwners
.
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· 1018146
02~pl26 PHt2:34
, COUNTY RECORDER
STEARNS CO. MN
P TRJC:IA ~t OVERMAN
:7)Y . DEPUTY
Buettner Business Park
Protective Covenants
All property owners are now advised that they will be expected to abide by the protective
covenants hereby established by the Property Owner and the 51. Joseph Economic Development
Authority. These standards are intended to assure the integrity of the Buettner Business Park
and protect the property values and adjoining property uses and may be revised from time to
time.
WHEREAS, Leo 8uettner and Gloria !:iuettner (hereinafter the "Owners') are tlie owners of
· certain real property located in Stearns County, Minnesota, and legally described in the attached
Exhibit A (hereinafter the 'Property'); and,
WHEREAS, the Owners are developing the Property as a commercial/industrial park with the
assistance and cooperation of the City of St. Joseph (hereinafter the 'City') and the St. Joseph
Economic Development Authority (hereinafter the 'EDA'); and,
. WHEREAS, the Owners desire to establish certain covenants and conditions regulating the
development and use of the Property for the purpose of promoting the general welfare of the
community and a consistent standards for use of the Property to enhance the Property's
marketability; and,
WHEREAS, the City and the Owners have authorized the EDA to administer the protective
covenants consistent with the terms set forth herein; and,
WHEREAS, the Property will remain subject to covenants, restrictions and easements hereinafter
set forth in addition to such ordinance as from time to time may be adopted to ensure property
use and appropriate development-and improvement of each building within the Property; and,
WHEREAS, the standards are not intended to unduly interfere, restrict and exclude or artificially
increase the cost of construction. Property owners may expect the fullest cooperation from the
City and EDA office in establishing, prospering, expanding and enjoying their part of the Buettner
Business Park.
THEREFORE, the Owner define, publish and declare the following protective covenants which
shall be binding upon the ultimate recipient of the Property as follows:
·
Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park Page 1
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.
. SECTION I
GENERAL TERMS
Section 1.01. Nature
The protective covenants hereinafter set forth shall be considered as covenants running with the
land, be binding on the all persons claiming ownership of the property in the Buettner Business
Park and the duration of the covenants will run in perpetuity with the land and facilities, except as
stated in Section 1.02. The administration of such covenants will be a responsibility of the EDA,
but any party or entity owning any portion of the Property may take any action permitted under
law to enforce these covenants in the event of a violation to another Property Owner.
Section 1.02. Term of Covenants.
The protective covenants hereinafter set forth shall be considered as covenants on said property,
administered by the EDA, for a period of 20 years from the date of their execution. During the
initial 1 O-year term of these covenants, they may be terminated only with the written consent of
eighty percent (80%) of the property owners and the consent of the EDA. During the second 10-
year term of these covenants, the covenants may be terminated by written action of at least
seventy percent (70%) of the Property owners as measured by the square footage of the
buildable lots contained within the Buettner Business Park. Thereafter, these covenants will
continue to renew annually unless terminated by written action of fifty-one percent (51 %) of the
Property Owners, as measured by the square footage of the buildable lots contained within the
Buettner Business Park.
Section 1.03. Alteration of lot lines.
. Combination: an owner of adjoining lots may combine lots so as to make the development of a
facility more compatible with setback requirements. Such a combination may be subject to the
vacation of utility easement and will require approval from the St. Joseph City Council. Upon
combination of lots, the multiple parcels which are combined shall be one building lot and not be
split thereafter.
Subdivision: An owner of a lot may subdivide a lot into two separate parcels, but may do so only
by following and complying with the rules and regulations established by the City of St. Joseph
Subdivision Ordinance, and so long as each remaining lot, following the subdivision, is at least
three (3) acres in size.
Section 1.04. Acknowledaement of City.
The owners of lots in the Development Park acknowledge that this land is in the City of St.
Joseph and all purchasers and assigns hereafter are given notice that all properties are subject to
the regulations and requirements of said City.
Section 1.05. Amendments.
This Declaration may be amended or modified by an instrument in writing, executed by the
holders of seventy percent (70%) of the Property Owners as measured by the square footage of
the buildable lots contained within the Buettner Business Park. During the initial ten (10) years of
these covenants, any amendment must also be approved by the EDA to be effective. An
instrument executed in accordance with this section shall be effective when filed for recording
with the Stearns County Recorder's Office. No amendment or modification to this Declaration
may impose additional restrictions on the Property.
Section 1.06. Severability.
. If any part, term or provision of these protective covenants is by the Courts held to be illegal or in
conflict with any law of this state where made, the validity of the remaining portions or covenants
Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park Page 2
~,.r'r' f or I
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. shall not be affected and the rights and obligations shall be constructed and enforced as if these
. covenants did not contain the particular part, term or provision held to be invalid.
Section 1.07. MortQaQes.
If any lot is sold under a foreclosure of any mortgage, the purchaser at such foreclosure sale and
the purchaser's heirs, successors and assigns shall own such lot, subject to all of the covenants, I
conditions and restriction of this declaration.
Section 1.08. Dues and Assessments.
The owners of lots shall not be obligated to pay any dues in conjunction with the covenants,
conditions and restrictions imposed by this declaration. Special assessments may be levied on
any lot, by the City of St. Joseph, for public works projects as permitted by law.
SECTION II
ECONOMIC DEVELOPMENT AUTHORITY
Section 2.01. Duties.
During the initial ten (10) year term of the covenants, it shall be the duty of the EDA to consider
and act upon such proposals or plans from time to time submitted pursuant to Section III and to
perform such other duties from time to time delegated to it by these Protective Covenants.
Section 2.02. Liability.
Neither the City, Owners or the EDA or any officers thereof shall be liable to any owner or
association of owners for any d::!m::!op.!';, In!';!'; nr prejudice sLJffere.d...or claimed on account of:
. a. The approval or rejection of any plans, drawings and specifications, whether or not
defective,
b. The construction or performance of any work, whether or not pursuant to approved
plans, drawings and specifications,
c. The development or manner of development of any property within the City; and,
d. A violation of these Protective Covenants by another owner.
SECTION III
CONSTRUCTION REQUIREMENTS
Section 3.01. Prior Approval of Structures.
No buildings or structures shall be constructed, erected, excavated or maintained upon any lot
within the Development without prior review and approval by the EDA of all plans. All plans to be
approved by the EDA must be sent or dropped off at the St. Joseph City Hall, St. Joseph,
Minnesota. The EDA will review the plans in a timely manner and will approve or deny the plans
based on compliance or non-compliance with these covenants. If the EDA has not made a
decision within 60-days of the receipt of a completed application, the plans will be considered in
compliance with covenants and approved. The plans and specifications shall include a set of
drawings which will become property of the City and include the following:
1. Horizontal floor plan and the exterior elevations in relation to the
proposed finished grade;
2. A full description of exterior building materials;
3. Parking and landscaping plans subject to Section 3.02 and 3.03,
. and
Declaration of Covenants. Conditions and Restrictions for the Buettner Business Park Page 3
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. 4. Outdoor storage sketch indicating the types and quantities of
. materials to be stored outdoors; the exact area and dimensions
of the portion of the site to be designated for outdoor storage;
and, the location, type and dimensions of fencing and screening
materials to be used to enclose outdoor storage.
5. Other reasonable details that may be requested.
Section 3.02. LandscapinQ and ParkinQ Lot ScreeninQ.
All open areas of any site, tract or parcel shall be upgraded to provide proper drainage, and
except for areas used in parking, drives or storage, shall be landscaped with trees, shrubs or
planted ground cover. It shall be the owner's responsibility to see that this landscaping is
maintained in an attractive and well-kept condition after the initial sale by the landowner. All
vacant lots, tracts or parcels shall also be properly maintained in accordance to the St. Joseph
Weed Ordinance.
When a parking lot is located adjacent to a public right-of-way, a strip of landscaping shall shield
views of parked cars to passing motorists and pedestrians. Parking lots are required to have a six
foot landscaped strip with a minimum three-foot grade drop from the right-of-way to the parking
lot. One shade tree and five shrubs are required for every thirty-five (35) linear feet. Sight
hazards for passing traffic and employees shall be avoided by prohibiting solid hedges over four
(4) feet as a screening material.
Section 3.03. Landscaped Greenway.
Property owner shall maintain a 1 O-foot wide greenway adjacent to the drainage and utility
easements that abut County Road #133 right-of-way. Within this greenway, trees shall be
planted and maintained by the property owner at 35-foot intervals. Trees shall be deciduous and
shall be at least two-inch caliper at a point one-foot above the ground surface when planted.
Species of trees shall be subject to approval of the EDA. The surface of the greenway and
. adjacent drainage and utility easements may be sodded or seeded, and shall be maintained as a
owed lawn. Automatic underground sprinkler systems designed to provide water to the greenway
and easement areas are encouraged, but not mandatory.
Section 3.04. Pole Barns.
The construction of a pole barn shall be prohibited in all areas of the Development. A pole barn is
defined as a structure, the basic support and framework of which is provided by wooden poles
inserted into the ground vertically similar to a telephone pole.
Section 3.05. Acceptable Construction Material.
All construction of new facilities shall consist of pre-cast or cast tip up concrete walls, concrete
block (painted or decorative), post frame/steel frame with a concrete block or poured concrete
complete perimeter foundation with frost footings extending a minimum of eight inches (8") above
the final grade, and stick built construction. Pre-finished architectural metal panels, with a
minimum twenty (20) year manufacturer color-fast warranty, may be used as a construction
material, provided the requirements of Section 3.06 are adhered to. Surface painted metal and
unfinished metal panels are not permitted as acceptable construction materials.
Section 3.06. Exterior Building Standards.
Buildings in the Development built with the materials defined in Section 3.05 shall require a
minimum of twenty-five (25%) of the exterior building finish directly facing streets consist of
materials comparable to the list of acceptable materials listed in this Section. Pre-cast or cast in
place concrete buildings shall provide as much adornment as is possible considering their
exterior finish limitations.
Approved Exterior Building Finishes:
a. Face Brick
. b. Natural Stone or Cultured Rock
Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park Page 4
" L{ n~' ì
'./ ______,J.1_
4'1
¡
.,
. c. Glass
· d. Vinyl
e. Stucco
f. Aluminum Lapsiding
g. Cut Block
h. Concrete Block (the surface must be treated with an applied decorative texture or
material)
i. Other approved decorative siding.
Section 3.07. Conditionally Approved Materials.
Pre-finished architectural metal panels may be utilized for accent and/or architectural components
of a building such as the entry or entry appendage, a required enclosure or screen (unless
expressly prohibited by section language) or architectural roofing as an intended designed accent
or a mandatory component of a prototype national or regional building program.
Section 3.08. Environment.
The EDA will request information from property owners such as the proposed use of the lot and
siting of the structures. The intent is to encourage uses and designs which protect the
environmental quality of the area.
SECTION IV
ON-SITE REQUIREMENTS
Section 4.01. Hazard.
Every operation shall be carried on with reasonable precautions against fire and explosion.
· Section 4.02. Air Quality.
Any activity or operation shall conform to Minnesota Rules Chapters 7002-7030 (as may from
time to time be amended) relating to air quality standards. Air quality standards apply to the
emission otnoise, odors, particulate matters, etc.
Section 4.03 Glare.
Any lighting used to illuminate off-street parking area, sign accent lighting for the main building
structure, whether direct or reflected shall be arranged to minimize visibility and not to be visible
from the property line.
Section 4.04 Waste.
All solid waste material, debris or other refuge shall be contained within an enclosure as specified
in Section 5.01, Refuse Enclosure. All liquid waste containing organic or toxic materials shall be
discharged ina manner described by the Minnesota Pollution Control Agency. Any temporary
storage of any such materials shall be contained in an approved manner complying with the state
and federal office of Fire Marshal, PCA and agricultural department.
Section 4.05 Radiation and Electrical Emission.
All activities that emit radioactivity and/or electrical emissions shall be in strict compliance with the
Minnesota Pollution Control Agency Act and Federal Communications Commission.
SECTION V
SCREENING AND ENCLOSURES
· Section 5.01. Refuse Enclosure.
Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park Page 5
""'''"'' ,So of 'ì
~), ~t..-'r_,,::... __
~
i
.
. All refuse containers shall be kept in a three sided enclosure constructed of a brick, stone,
. decorative concrete material or a durable material (i.e. screened chain link) with a latched gate for
the fourth side. A minimum height of five (5) feetfor the enclosure will be required.
Section 5.02. LoadinQ Dock and GaraQe Entrance ScreeninQ.
Loading docks and garage entrances and exits shall be screened to minimize visibility from any
public street and/or any adjacent building structures front or side yard viewing point.
Section 5.03. Outdoor StoraQe ScreeninQ.
Outdoor storage of equipment and materials directly related to the use of the principal building,
provided the storage area does not exceed seven (7) times the gross floor area of the principal
building and the area is contained within and screened with an eight (8) foot high chain link lathe
fence. Outdoor storage and fence setbacks shall conform with the City's Zoning Ordinance
regulations.
SECTION VI
COVENANT ADMINISTRATION
. Section 6.01. Enforcement.
The EDA shall have the authority to enforce the covenants established in the Buettner Business
Park. The EDA will have the authority to bring action for specific performance or injunctive relief
to enforce any protective and servitude contained herein. Any owner of Property within the
Buettner Business Park shall also have the authority to bring an action against another owner
seeking enforcement of these covenants.
Section 6.02. Recision/Amendment.
The execution and recording of these Amended Buettner Business Covenants executed on the
2ih day of September, 1999 and recorded in the office of the Stearns County Recorder on
as Document No. . The parties executing this Amendment represent the
St. Joseph EDA to approve and adopt an Amendment of the original Protective Covenants
pursuant to Section 1.05 thereof.
IT WITNESS WHEREOF, the undersigned has executed this instrument on the ;2Ytfiayof
~,2002. ----
4
}
St. Joseph EDA:' j /
¿BY>./>'''-;? /7. ¿~ _/~ By /þt:lÆ-ICI' ç/~~/l£r:iJhd
"-
STATE OF MINNESOTA
COUNTY OF STEARNS
.
Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park Page 6
¡;;''''l~} & ,," .'(
)J~"'" ~...______ui_
y(?
:1.0:18146
.
- The foregoing instrument was acknowledged before me this ';';6 d" day of
. ~ (I £Á/~ ,2002 by Æ"'(,/b~ G()h/17é1l'tdndtqdlvdS?¡¡:¡¿~ct.. ' the President and
Seer ry of teSt. Joseph Economic Development Authority, respectively.
/~(çutt-&.u ~{~ e MARY REBER GENEROUS
. NOTARY PUBUC· M!~:~"::OTA
.. . I ,.{ r -- ..
My CommISSIOn Expires <,~.;. "y..æt5 .
IT WITNESS WHEREOF, the undersigned has exec . "'~, -~ "
V~/"'1 ' 20ot..
prO~ffi:. !1 BY~:t~
By {f / ~
STATE OF MINNESOTA
COUNTY OF STEARNS
The foregoing instrument was acknowledged before me this ;; 'f ~ .
day of
~ ' 2002 by Leo Buettner and Gloria Buettner, the Owners.
,. :.-'.1-
.. ('
. ..
Recorded: 2002
Document Number:
.
Declaration of Covenants, Conditions and Restrictions for the Buettner Business Park Page 7
y.7 "( or-.:J.
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.
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.
THIS PAGE INTENTIONALL Y LEFT BLANK
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LfB
.
. CITY OF ST. JOSEPH
· www.cityofstjoseph.com
Date: January 14, 2004
Administrator Memo To: EDA Board Members
Judy Weyrens
Memo From: Joanne Foust and Cynthia Smith-Strack, Municipal Development Group
MdYor RE: EDA Project Prioritization
Ldrry I. Hosch
Councilors Background:
AI Rdssier The EDA at its December 17, 2003 EDA meeting while discussing the 2003 Annual Report to the
Ross Rieke City Council noted a need to prioritize goals/objectives for 2004. Staff was directed to develop a
Gdry Utsch survey for completion by EDA members prior to the January 21 st EDA meetinq. A copy of the survey
instrument was attached to individual EDA packets. Board Members were asked to complete the
Odle Wick survey and return to the City by noon on January 20th.
Completed surveys were forwarded to MDG for calculation. Results will be presented to the EDA at
the January 21 st meeting.
· Action:
Following receipt of survey results, the EDA is to set its top two or three goals for 2004.
·
'Ir
2.) Coil e g e A v en u e No rt h . P 0/) 0 x 668 . S din t. 10 s e ph. M inn c sot d ) 6,74
Phone 12.0.,6,.72.01 I\~ x 12.0.,6,.0,42.
..
~
Please Check
Goal.Statement Priority Ranking (X) Top Two
(scale of 1 to 5, with 1 = poor and 5 = excellent) Overall
Priorities
Research the establishment of a low interest loan through state and regional
sources or local tax levies to support commercial/industrial technology 1 2 3 4 5
upgrades.
Promote rehabilitation of substandard properties and/or preservation of
structures for rehabilitation in the downtown through the establishment of a 1 2 3 4 5
redevelopment TIF district.
Gauge downtown business interest in participating in a commercial
rehabilitation program and if strong interest exists, consider the application 1 2 3 4 5
for funding to the Small Cities Development Program.
Work with the College of St. Benedict and the Chamber of Commerce to
proactively and consistently promote a downtown atmosphere that projects
an image and ambiance associated with St. Joseph's history and its 1 2 3 4 5
association with higher education as a means of creating a distinct identity
for the City's downtown.
Sponsor or work with community organizations and the Minnesota Green
project to sponsor downtown landscape and holiday light displays which 1 2 3 4 5
reflect the interdependence of the City and the College.
.age and promote efforts to achieve commercial (re)development in 1 2 3 4 5
, , ' hway commercial district.
Retain existing industrial uses and encourage new industrial development to 1 2 3 4 5
locate in existing industrial parks and industrially zoned areas.
Work diligently with property owners to develop future industrial areas .
adjacent to current industrial zoned land, to assure an adequate supply of 1 2 3 4 5
industrial land is available for development in the future.
Promote industrial developments that maximize the return on city
investments in pUblic facilities and services, expand the tax base, provide 1 2 3 4 5
quality employment opportunities and compliment existing services.
Identify activities complementary to existing industrial uses and 1 2 3 4 5
promote/facilitate the development of such industries.
Work with developers of new industrial parks to develop covenants which 1 2 3 4 5
provide for aesthetically pleasing and quality developments.
Work with the College of St. Benedict to explore cooperative ventures to
provide cultural activities for the community as a means of drawing persons 1 2 3 4 5
into the downtown.
Work with an appointed committee to identify the image desired for the
downtown commercial district and the desirability of adopting design
standards which address items such as the exposure of original architectural 1 2 3 4 5
features, colors, awnings, construction materials and historic preservation. If
determined design standards are desirable.
_age and assist the establishment of governmental, semi- 1 2 3 4 5
mental and public services in the downtown business district.
Lead the establishment of governmental, semi-governmental and public
services (Le. development of community center, public park, gathering 1 2 3 4 5
space, etc. ) in the downtown business district.
5t/
.
" CITY OF ST. JOSEPH
. www.cityofstjoseph.com
Date: January 14, 2004
Administfdtor Memo To: EDA Board Members
Judy Weyrens Joâ~~~ì t:ust and Cynthi~-Jrr,~h-Strack, Municipal Development Group
Memo From:
Mayor RE: Draft EDA Annual Report to City Council
Ldrry I. Hosch
Background
Councilors The EDA is required to report annually on its activities to the City Council. Attached is a draft of the
AI Rdssier 2003 annual report which reflects recommendations made at the December 17, 2003 EDA meeting.
Ross Rieke EDA Action:
Gdry Utsch Following discussion, a MOTION to approve the annual report and authorize and direct MDG to
Oale Wick submit the report to the City Council on behalf of the EDA is in order.
.
.
51
2.) College Avcnue North' PO I) ox 668' Sdint. oseph. Minnesota )6,74
Phone ,2.0.,6,.72.01 I:d x 12.0.16,.0,42.
J DRAFT
.
. 2003 ANNUAL REPORT OF THE ST. JOSEPH EDA
The following activities and events occurred during the calendar year of 2003.
2003 APPOINTMENTS:
The following appointments to offices were made at the February 20, 2003 EDA meeting:
Chair: Mike Deutz (At-large representative, term expires 2005).
Vice Chair: Larry Hosch (Mayor, term expires 2005).
Treasurer: Ross-Rieke (Council Representative, term expires 2006).
Secretary: Bruce Gohman (At-large representative, term expires 2006).
Member at Large: Tom Skahen (At-large representative, sworn in February 19, 2003; term expires
2007)
Former Council Member Bob Loso diligently served as the Council Representative to the EDA from February,
2001 through December, 2002. Mr. Loso decided not to seek re-election in 2002.
MEETING DATES:
The St.Joseph Economic Development Authority met 17 times during the year 2003. The meeting dates were
as follows:
January 22, 2003 May 12, 2003 (Special) August20,2003
February 19, 2003 May 21,2003 September 17, 2003
March 19, 2003 June 18, 2003 October 15, 2003
April 16, 2003 July 16, 2003 November 19, 2003
April 22, 2003 (Special) July 30, 2003 (Special) December 17, 2003
. May 8, 2003 (Special) August 6, 2003 (Special)
MISSION:
The mission of the EDA is to provide a professional management program which assists industrial and
commercial development activities that minimize impacts to the environment, transportation system, municipal
water and sewer and financial resources for the City of St. Joseph.
2003 PROSPECTSITECHNICAL ASSISTANCE/COORDINATION
The EDA members and their staff/consultants worked with a number of commercial and industrial businesses
during 2003. Twenty-four (24) new business contacts were made during 2003, and seventeen (17) contacts
from previous years were followed up with. Of the prospects approximately 43% were commercial/service
businesses while 57% were industrial or manufacturing businesses.
Following is a summary of the various contacts. Businesses have been identified with a project number to
protect the confidentiality of the company, which is sometimes a concern while they explore expansion
opportunities.
Project 01-A:
This project was finalized in 2003 with the construction completion and lessee occupation of a 67,000 square
foot production facility in the Buettner Business Park. The project included assistance from the Minnesota
Investment Fund in the form of a $42,000 grant to the City of St. Joseph which was, in turn, loaned to the
company for purchase of equipment. A St. Joseph revolving loan fund has been established in conjunction with
the MIF grant.
Proiect 01-E:
This project involves the expansion of an existing service business in the community. MDG has continued to
. remain in contact with the business on a regular basis over the past 2 1/2 years.
Project 01-F:
City of St. Joseph EDA 2003 Annual Report 1
5)
, DRAFT
. This project involves the locating of a fast food restaurant in the City of St. Joseph. Follow-up discussions
. occurred on numerous occasions throughout the past 2 1/2 years with assistance in locating potential sites and
information regarding the status of individual parcels. MDG, Inc. continues to update the prospect on proposed
residential and commercial/industrial expansion within the community.
Proiect 01-J:
This developer owns a commercial subdivision in St. Joseph. MDG has provided information on the available
sites to prospects over the past two years. Two structures have been constructed in the subdivision with a third
proposed to begin in Spring, 2004.
Proiect 01-N:
MDG, Inc. has been in contact with this prospect for the past 2 1/2 years. This prospect has purchased a
commercial lot in the Indian Hill Subdivision with construction planned for 2004.
Project 02-E:
This company contacted the City in February, 2002 regarding commercial sites ~ to 1 acre in size for a 5,000
square foot commercial enterprise. MDG, Inc. continues to be in contact with this prospect, who has indicated
the project is still being considered, however, it is on-hold pending an upturn in the economy.
Project 02-G:
Construction of an approximately 13, 000 square foot facility was initiated in 2003.
Project 02-H:
MDG, Inc. continues to forward building and leasing information regarding this facility located in the B-2
Highway 75 Business District to prospects.
Project 02-L
. This company contacted the city regarding potential space for the construction of a office/warehouse and office
facility. The prospect is constructing a 12,800 square foot multi-tenant building in Buettner Business Park, with
plans to expand to a total square footage of 32,000.
Project 02-P:
This prospect was forwarded to the EDA staff by a City staff member. The staff member indicated the company
was looking for expanded space to either lease or purchase. EDA staff continued to remain in contact with this
prospect regarding potential lease/purchase opportunities within the city throughout the first half of the year.
The project is currently inactive.
Project 02-V
This company contacted the City in the fall of 2002. MDG, Inc. followed-up and met with the owner to discuss
sites, zoning, covenants and incentives. Follow-up on the project continued throughout the 2003, the project is
currently inactive.
Project 02-Y
This prospect contacted MDG in the fall of 2002 indicating he had met with City representatives a few years ago
regarding new construction in the Buettner Business Park. Although development plans are in initial stages at
this time, MDG continues to remain in contact with this prospect.
Project 02-2
This company contacted the MDG regarding relocation of their current commercial facility in the fall of 2002.
MDG, Inc. worked with the prospect and a local landowner to negotiate the transfer of a subject parcel to the
prospect for redevelopment/rehabilitation. The project was closed when the prospect was unable to secure
financing.
Project 02-AA
. This prospect closed on a 3.0 acre parcel in Buettner Business Park in February, 2003. Construction of a 6,000
to 10,000 square foot facility is expected to occur in 2004.
City of St. Joseph EDA 2003 Annual Report 2
53
~ DRAFT
~ Project 02-CC
. This prospect contacted MDG in late fall, 2002 regarding available acreage within the Buettner Business Park.
MDG continued to follow up with the contact throughout the year. The prospect ultimately purchased acreage in
a township industrial park.
Proiect 02-EE
This developer met with MDG in December, 2003 regarding construction of a 6,000 square foot restaurant. The
project is proceeding with opening expected in 2004.
Project 02-FF:
This prospect phoned the City in late December, 2003 inquiring about a specific lot in the Buettner Business
Park. MDG, Inc. remains in contact with the prospect.
Proiect 03-A:
MDG, Inc. has been working with representatives from this project throughout the year. The property owners
are interested in a highway commercial development in an area not yet annexed into the City.
Project 03-B:
This business contacted the city in January 2003 inquiring about availability of 1 to 1 Y:z acres of industrial land.
MDG followed up with the contact and industrial property owners. The prospect ultimately secured a parcel in
the City of Richmond.
Proiect 03-C:
This prospect contacted the City in January 2003 regarding 2,000 s.f. of short-term commercial lease space.
MDG, Inc. met with the prospects and followed up on subsequent occasions. The prospect secured short-term
lease space in an existing building in Waite Park.
. Proiect 03-D:
St. Cloud Area economic development contacts were invited to a presentation at the St. Cloud Area Economic
Development Partnership in January 2003 where two entrepreneur's shared their interest pursuing project
involving processing plant which would flavor pre-dressed poultry for distribution to the home replacement meal
market. Follow up phone calls, meetings and discussions occurred with the prospect on numerous occasions
over the next few months. The prospects narrowed the field of potential locations to St. Joseph and St. Cloud
and ultimately chose St. Cloud due to the size of the City.
Proiect 03-E:
This prospect met with MDG in February 2003 to receive information on lots in the Buettner Business Park.
MDG provided the prospect with site information, assessment and covenants and followed up on several
occasions thereafter. The prospect decided to expand at their current location in the St. Joseph Industrial Park
rather than purchase land in the Buettner Business Park.
Project 03-F:
This prospect phoned the City requesting information on industrial zoning requirements and covenants for the
Buettner Business Park. MDG, Inc. forwarded information as requested. Follow up calls revealed a firm
commitment on the part of the prospect to building a pole building.
Proiect 03-G:
This prospect contacted the City via fax requesting information on industrial acreage, zoning requirements and
Buettner Business Park covenants. MDG, Inc. forwarded information and followed up on several occasions.
The prospect decided to purchase acreage in the Industries West Business Park.
Proiect 03-H:
This company purchased 4.0 acres in Buettner Business Park and is currently constructing a 30,000 s.f. facility.
. Proiect 03-1:
This lead contacted the City in search of 5,000 s.f. of retail space to lease. MDG, Inc. remains in contact with
this prospect.
City of St. Joseph EDA 2003 Annual Report 3
51
~ DRAFT
~
. Proiect 03-J:
This company contacted the City regarding leasing of warehouse space in the Spring of the year. The company
submitted an offer to lease an existing facility within the City, however the offer was declined. The company
decided to expand in its current location in Avon.
Project 03-K:
This prospect contacted the City in May 2003. The prospect was in the very initial stages of researching the
establishment of a retail business within the community. The prospect is currently searching for available
acreage and/or lease space. MDG, Inc. remains in contact with this prospect.
Project 03-L:
This contact phoned the City in the Spring to inquire about the availability of lots within Buettner Business Park.
MDG, Inc. has remained in contact with the prospect who did not wish to have contact information released to
any other parties. The contact indicates construction is one to 1 1/2 years away.
Proiect 03-M:
Prospect 03-M contacted the City in May 2003 to inquire about commercial facilities available for lease. The
prospect was seeking facilities meeting specific guidelines. Although MDG, Inc. has remained in contact with
the prospect, the project is inactive at this time.
Project 03-N:
This project involved the purchase of industrial land for the construction of a 10,000 to 20,000 sJ. facility. The
project stalled as the prospect could not reach an agreement on the purchase of property. The project has been
inactive since July of this year.
Proiect 03-0:
. MDG, Inc. assisted this business owner by researching various programs which may provide grant assistance to
culturally significant projects.
Proiect 03-P:
A commercial construction company approached the City on behalf of a client interested in purchasing industrial
acreage. Information regarding available acreage, services available, financial assistance for qualifying
projects, zoning standards, covenants and contact information for the appropriate real estate representative
were forwarded to the commercial construction contact person. MDG, Inc. followed up on several occasions.
The prospect ultimately purchased acreage in a different community.
Project 03-0:
A real estate representative forwarded information regarding this project to the City. MDG, followed up on
several occasions with the realtor who has indicated the business decided to expand in Sartell.
Project 03-R:
This prospect phoned the City regarding available industrial acreage to purchase. The prospect was interested
in acreage below the minimum lot size within the Buettner Business Park. MDG, Inc. remains in contact with
this prospect on a bi-monthly basis.
Proiect 03-S:
MDG, Inc. has been meeting with representatives of an estate which includes several acres of land guided for
future industrial development. MDG, Inc. has met with representatives on several occasions and continues to
work actively on the project.
Proiect 03- T:
MDG, Inc. received a call from a realtor representing a client interested in purchasing a small amount of
commercial acreage. MDG, Inc. continues to work on the project.
. Proiect 03-U:
City of St. Joseph EDA 2003 Annual Report 5S- 4
t DRAFT
~ Inquiry forwarded to MDG in October regarding a commercial development in St. Joseph. MDG, Inc. continues
. to be in contact with the prospect.
Proiect 03-V:
This prospect left a message for the City Administrator in October regarding expansion of an existing
commercial enterprise to the City of St. Joseph. MDG attempted to follow up on a number of occasions. The
prospect has entered into a purchase agreement for a facility within the City, the establishment is expected to
open in Mayor June 2004.
Proiect 03-W:
This prospect phoned the City in October requesting information on the Highway 75 Business District
requirements. MDG, Inc forwarded information and followed up on several occasions. The contact has
indicated the project is in limbo at this time.
BUILDING PERMITS: 1998 - 2003
Following is a five year comparison of building permits let for commercial and industrial projects in the City of St.
Joseph:
1998 Sunset Mfging $250,000.00
1998 MCO Addition $300,000.00
1998 Borgert Products $725,000.00
1998 Kittridge Truck Storage $80,000.00
1998 Tamarack Addition $51,000.00
1998 Caseys $500,000.00
Subtotal $1,906,000.00
. 1999 Comm/rental $175,000.00
1999 Storage $60,000.00
1999 Bank $1,200,000.00
Subtotal $1,435,000.00
2000 Vicwest Remodel $21,000.00
2000 Vet Clinci $270,000.00
2000 Gas & Bait Expansion $16,500.00
2000 Lemmer Commercial $54,000.00
Subtotal $361,500.00
2001 Spring Green $143,000.00
2001 Autobody 2000 $280,000.00
2001 Ministorage $90,000.00
2001 Sunset Mfging $80,000.00
Subtotal $593,000.00
Year Project Permit Amt.
2002 Essilor $20,000.00
2002 Scherer Trucking $26,530.00
2002 Tanner Systems $350,000.00
2002 Bill Nelson $650,000.00
2002 Vicwest $2,500,000.00
2002 American Manufacturing $210,000.00
. 2002 St. Joseph Business Ctr. $148,000.00
2002 Knight Builders $225,000.00
City of St. Joseph EDA 2003 Annual Report 5
5[;
t. DRAFT
... 2002 Borgert Products $99,000.00
. 2002 Deutz $350,000.00
2002 Deutz $108,900.00
Subtotal $4,687,430.00
2003 Mn. Home Improvements 132,000.00
2003 DM Partnership 400,000.00
2003 OMS/MAC 1,409,000.00
2003 Lemmer Trucking 25,000.00
2003 North Central Truck Accessories 1,058,300.00
2003 BTL Properties 400,000.00
2003 DM Builders 4,895.00
2003 Midnight Haulers 2,500.00
2003 Midnight Haulers 30,000.00
Subtotal $3,461,695.00
TOTAL $12,444,625.00
DIVERSIFICATION OF THE TAX BASE:
The following summary and chart indicate the progress toward the EDA's goal of diversifying the tax base:
City of S1. Joseph - Historical Commercial & Industrial
Construction
1997 $895,000.00
1998 $1,906,000.00
1999 $1,435,000.00
. 2000 $361,500.00
2001 $593,000.00
2002 $4,687,430.00
2003 $3,461,695.00
Total $12,444,625.00
Historical CII Market Value Increase
a= $5,000,000
~ >- $4,000,000
- $3,000,000
- .-
o .~
()- $2,000,000
;j (,)
_ n:s $1,000,000
n:s
> $0
1997 1998 1999 2000 2001 2002 2003
I Year
.
City of 81. Joseph EDA 2003 Annual Report 6
51
t DRAFT
.. Estimated Annual* Increase in Taxes
. For All Jurisdictions
Year City County School State Misc
1997 $ 5,591.88 $ 4,905.49 $ 5,500.44 $ 6,302.59 $ 245.43
1998 $ 16,241.82 $ 14,248.16 $ 15,976.22 $ 18,306.09 $ 196.37
1999 $ 12,995.39 $ 11,400.22 $ 12,782.88 $ 14,647.05 $ 43.96
2000 $ 2,909.47 $ 2,552.34 $ 2,861.89 $ 3,279.25 $ 69.68
2001 $ 4,611.19 $ 4,045.17 $ 4,535.78 $ 5,197.25 $ 636.83
2002 $ 42,143.93 $ 36,970.81 $ 41,454.76 $ 47,500.25 $ 476.41
2003 $ 31,528.04 $ 27,658.00 $ 31,012.47 $ 35,535.12 $1,753.17
TOTAL $116,021.72 $101,780.18 $114,124.45 $130,767.60 $3,421.85
. Based on taxes payable 2004 (i.e. city tax rate 48.31; county tax rate of 42.38; school tax rate of 47.52; state tax rate of 54.45 and misc. tax rate. 73%
and tax capacity rates for commercial property of 1.5% for first $150,000 in value and 2.0% thereafter.
I
I ESTIMATED NEW MUNICIPAL TAXES
I
I
i Total
I 2003
2002
. ... 2001
co
() 2000
>
1999
1998
I
I 1997
I
I $0 $50,000 $100,000 $150,000
I
Amount
I
ADDITIONAL PROJECTS:
The St. Joseph EDA actively pursued other projects during 2003.
Marketing Outreach
The EDA created and distributed a survey to over forty business contacts. The purpose of the survey was to
gauge the level of service offered by the City to the business community and potential commercial/industrial
businesses. A limited number of responses were received with results varying widely.
EDA staff compiled and have on file a commercial/industrial property site inventory and summary of available
parcels. Staff have also compiled a comprehensive list of business owners within the City.
Revolving Loan Fund and MCCF Participation
. One of the goals of the EDA since its inception has been to form a local revolving loan fund to assist local
projects with below market rate loans. In 2002 a revolving loan fund was established, principal and interest
payments from a MIF granUloan have been building the fund, which has a current balance of_.
City of 81. Joseph EDA 2003 Annual Report 7
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· The City of St. Joseph, upon EDA recommendation, has also opted to participate in the Minnesota Community
Capital Foundation (MCCF). The MCCF became operable in February of this year. EDA staff have distributed
information to several development prospects regarding the fund. Through the MCCF the City is able to offer up
to $250,000 to qualified projects for a variety of uses (including working capital) on reoccurring basis. To date
the MCCF has an estimated 62 participants.
COMMISSION PARTICIPATION:
St. Joseph EDA representatives participated in the Stearns County Economic Development Partnership. In
addition to regular economic development activities the EDA also participated in:
. Worked with local telecom providers to provide for the extension high-speed data lines to the
industrial portions of the City.
. Review of development plans as requested by the City Council and as authorized by the Buettner
Business Park covenants.
II Began working with property owners for the development of future industrial acreage.
II The EDA issued a $700,000 lease revenue bond in conjunction with the construction of a public
maintenance facility. The City will make lease payments to the EDA to make the bond payments.
The EDA held several special meetings in conjunction with this project and change orders related to
facility construction.
II The EDA created a proposed budget for approval by the City Council for the following funds: Fund
150 (EDA Fund); Fund 155 (TIF 1-3); Fund 156 (TIF 1-4); and, Fund 250 (RLF).
GOALS FOR 2004:
Following are proposed EDA goals for 2004. The first set of goals involve participation directly by the EDA (i.e.
· the EDA's Work Plan), the remaining goals apply to community development in general but do not require
specific action by the EDA.
EDA Work Plan:
Recommendations relatinQ to technoloQY:
1. Research the establishment of a low interest loan through state and regional sources or local tax levies
to support commercial/industrial technology upgrades.
~ Implementation: St. Joseph Economic Development Authority and City Council.
Recommendations for Downtown Commercial (Re) Development:
1. The EDA should continue to promote rehabilitation of substandard properties and/or preservation of
structures for rehabilitation in the Downtown. Uses should be centered on activities dependent on
pedestrian traffic.
~ Implementation: St. Joseph Economic Development Authority.
2. 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.
3. The EDA should work with the College of St. Benedict and the Chamber of Commerce to proactively
and consistently promote a downtown atmosphere that projects an image and ambiance associated
· with St. Joseph's history and its association with higher education as a means of creating a distinct
identity for the City's downtown.
City of St. Joseph EDA 2003 Annual Report 57 8
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. ~ Implementation: St. Joseph Economic Development Authority, College of St. Benedict and
. Chamber of Commerce.
4. Sponsor or work with community organizations and the Minnesota Green project to sponsor downtown
landscape and holiday light displays which reflect the interdependence of the City and the College.
~ Implementation: St. Joseph Economic Development Authority.
Recommendations for HiQhway Commercial Developments:
1. Continue to encourage and promote efforts to achieve commercial redevelopment.
~ Implementation: Economic Development Authority.
Recommendations for Industrial Development:
1. Existing industrial uses should be retained and new industrial development should be encouraged to
locate in existing industrial parks and industrially zoned areas.
~ Implementation: Economic Development Authority and City Council.
2. 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.
. 3. The Economic Development Authority should promote industrial development that maximize the return
on city investments in public facilities and services, expand the tax base, provide quality employment
opportunities and compliment existing services.
~ Implementation: Economic Development Authority.
4. 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
5. 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.
Overal/: The City should focus on providing a balance of industrial growth to support the community's tax base
and to provide jobs, commercial growth to provide services to employees and residents and housing
development to provide housing opportunities for al/.
Community Development Goals:
Recommendations relatinQ to the presence of the colleQe and university in the area:
1. The City and College of St. Benedict should explore cooperative ventures to provide cultural activities
. for the community.
~ Implementation: College of St. Benedict, City's Community Education.
City of St. Joseph EDA 2003 Annual Report 9
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. Recommendations relatinQ to historic preservation:
1. The City Council should appoint a committee to identify the image desired for the downtown commercial
district and the desirability of adopting design standards which address items such as the exposure of
original architectural features, colors, awnings, construction materials and historic preservation. If
determined design standards are desirable, it is recommended the City assist through the establishment
of a low interest revolving loan fund to financially encourage and support such changes. Application for
a commercial rehabilitation small cities development grant may assist in the fund development.
~ Implementation: City Council to appoint a committee.
Recommendations for Downtown Commercial (Re) Development:
1. Governmental and semi-governmental services and buildings including the City offices and the post
office impact the vitality of the downtown business district. These services should be encouraged to
remain (City Hall) and permitted (Post Office) in the downtown business district. The City may wish to
work with the Postal Service to extend the carrier delivery service area and post office hours.
~ Implementation: City Council and Postal Service.
2. To further accommodate downtown (re) development the City Council should consider appointing a
committee to review downtown commercial district standards or design guidelines including construction
materials, colors, restoration of original architectural features, signage and awnings and/or establishing
a low interest revolving loan fund to assist with the implementation of these goals.
~ Implementation: City Council.
. 3. Traffic circulation and congestion concerns should be addressed through volume analyses and origin-
destination studies to determine causes of problems and effects if not resolved, and potential benefits to
be derived by proposed solutions.
~ Implementation: Police Department, Public Works Department, City Engineer and City
Council.
4. The City should consider ways to alleviate the parking shortages in the downtown through the use of
signs to limit specific spaces to two hours or less parking as well as signage to direct customers to the
municipal parking lot.
~ Implementation: Planning Commission and City Council.
5. New single-family housing within the downtown core area should be prohibited due to compatibility
concerns. Housing more appropriate in this type of setting is of a multiple family type, such as senior
housing in which residents may walk to nearby services. Adequate off-street parking and open space
should be provided for residential uses.
~ Implementation: Planning Commission and City Council.
6. The pedestrian circulation system should be enhanced by improving sidewalks, street furniture, and
mitigate conflicts with traffic and street intersections by providing proper separation and signage control
and enforcing such signage regulations.
~ Implementation: Public Works Department and City Council with enforcement by the Police
Department.
.
City of St. Joseph EDA 2003 Annual Report 10
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... Recommendations for Hiç¡hwav Commercial Developments:
. 1. Commercial developments along County Road 75 and County Road 2 should be complimentary to
commercial and service uses of the Downtown.
~ Implementation: Planning Commission and City Council through the identification of
'permitted uses' within the highway and general commercial areas in the zoning ordinance.
2. Commercial developments along 1-94/County Road 2 and County Road 75 should be of a specialized
nature exhibiting the unique needs associated with major highway access and visibility.
~ Implementation: Planning Commission and City Council through the identification of
'permitted uses' within the highway commercial areas in the zoning ordinance.
3. A plan to extend lighting along County Road 2, from the Interstate 94/County Road 2 intersection into
the community should be developed and implemented.
~ Implementation: Public Works Department, City Engineer and City Council.
4. The City should encourage Stearns County to proceed with the right-of-way acquisition for the County
Road 2/ County Road 3 extension with concern given in support of businesses within the downtown.
~ Implementation: City Council and Stearns County Highway Department.
5. Commercial and service centers should be developed as cohesive, highly interrelated and coordinated
units with adequate off-street parking and appropriate regulated points of access.
. ~ Implementation: Planning Commission and City Council, through the zoning ordinance and
site plan approval.
6. Commercial maintenance codes may be enacted and enforced to help insure that the commercial
development maintains community character on an ongoing basis.
~ Implementation: Building Inspector and City Council.
7. Safe and convenient pedestrian movement should be considered within all service and commercial
districts, including research on the feasibility of an overpass or underpass for bicycle/pedestrian traffic
over or under County Road 75.
~ Implementation: Street Commissioner, City Engineer and City Council.
Recommendations for Industrial Development:
1. Traffic generated by industrial activity should be prohibited from penetrating residential neighborhoods.
~ Implementation: Planning Commission and City Engineer through site plan approval and
long range transportation planning.
2. Existing industrial uses and new industrial development should not cause pollutants or contaminants to
be emitted into the surrounding environment (including air, soils, ground water, drainageways, sanitary
sewer and storm sewer) in excess of State and Federal regulations.
~ Implementation: Building Inspector and Planning Commission.
. 3. Industrial areas should be adequately screened and appropriately landscaped and designed according
to City standards. For both existing and new industrial development, regulations should be maintained
with criteria regarding: building appearance and materials; screening of outside storage areas;
City of 81. Joseph EDA 2003 Annual Report 11
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'"' screening of off-street parking facilities; use of landscaping; and proper handling of environmentally
· sensitive areas.
~ Implementation: Planning Commission, Economic Development Authority and City Council.
4. Efforts should be undertaken to limiting heavylnoisy industry to a specific area within current and future
industrial zoning districts to reduce the impact of these industries on residential areas.
~ Implementation: Planning Commission and City Council.
5. Due consideration should be given to all potential physical implications and services and facility
demands (Le., traffic generation, sewer and water demands, etc) of any proposed industrial
development. Extension of utilities and annexation of areas about to become industrial in nature should
occur prior to the issuance of building permits for the industrial construction.
~ Implementation: St. Joseph Public Works Department, City Engineer, Planning
Commission and Council.
6. The City should work with the Stearns County Highway Department to redesign County Road 133 to
increase the weight limits from 9 ton restrictions to 10 ton weight restrictions or to waive the restrictions.
~ Implementation: Public Works Department, City Engineer and City Council.
·
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MUNICIPAL
DEVELOPMENT GROUP, INC.
DATE: January 14,2004
MEMO TO: Economic Development Authority
FROM: 'JreÞf to-~
Joanne oust & Cynthia Smlth- track, Municipal Development Group
RE: Economic Development Activity Report - December/January 2003
Municipal Development Group, Inc. has been interacting with a number of prospects throughout the past month.
Following is a summary of activities that have transpired. If you have any questions on any of these or other
projects, please do not hesitate to contact us at 952-758-7399. A project number has been assigned to protect the
confidentiality of the businesses prospects.
Project 01-E:
This project involves the expansion of a service within the community. MDG has been keeping in touch with the
project contact over the past two years, the latest communications occurred via mailings on December 17'h and
January 14th. MDG mailed this prospect a holiday card on behalf of the EDA.
· Project 01-F:
.. This company has been in contact with the EDA regarding potential sites for a commercial business since August,
2001. MDG has forwarded the contact information on a number of sites. MDG's latest outreach to the realtor was
via email on December 17'h. MDG mailed this prospect a holiday card on behalf of the EDA. A letter was mailed
to the company representative on January 14th.
Project 01-J:
This developer owns a commercial subdivision in St. Joseph and has constructed a commercial building. MDG has
been working with the developer and has forwarded potential business leads. MDG mailed this prospect a holiday
. th th th
card on behalf of the EDA. MDG phoned DOrian on December 30 and January 7 and 14 to follow up.
Project 01-N:
This company has been searching for commercial lots for the construction of an office building since the fall of
2001. Contact with this developer has occurred on numerous occasions, the latest on December 10, 2003.
Construction is expected to occur next spring. MDG mailed this prospect a holiday card on behalf of the EDA.
Project 02-E:
This company is looking for approximately 1 acre of land for an industrial use for an e1Pansion. MDG followed up
with the company representative via mail on December 10, 2003 and January 14t: The contact noted that
expansion plans are now on hold. MDG mailed this prospect a holiday card on behalf of the EDA.
Project 02-L: This business is currently constructing a building in Buettner Business Park. MDG followed up on
with a mailing on December 10, 2003 and via email on December 17'h. MDG mailed this prospect a holiday card
on behalf of the EDA.
Project 02-Y:
· This prospect contacted MDG on October 7, 2002 regarding new construction in the Buettner Business Park. MDG
has had numerous follow-up conversations with the company and supplied information requested on other sites.
MDG followed-up on December 17'h via a mailing and January 14th by phone. MDG mailed this prospect a holiday
card on behalf of the EDA.
EDA Monthly Project Report - Deœmber 2003/January 2004 6~ Municipal Development Group - Page 1
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. Project 02-AA:
This business purchased land in Buettner Business Park earlier this year. They are starting building and site plans
for proposed construction in the spring of 2004. MDG mailed this prospect a holiday card on behalf of the EDA.
MDG followed-up with the contact on December 17, 2003 with the mailing of an industrial development manual and
. cover letter and via email on January 14th.
Project 02-FF:
This prospect contacted MDG about a year ago regarding available acreage within the Buettner Business Park.
MDG mailed this prospect a holiday card on behalf of the EDA. MDG followed-up most recently with via mail on
December 17, 2003 and January 14th.
Project 03-A:
These developers are interested in a large highway commercial development in an area not yet annexed into the
City. MDG has been working with them over the past several months. MDG mailed this prospect a holiday card on
behalf of the EDA. Additional contact with the developers occurred on December 2nd, sth, 10th, and 30th and
January 7'h and 14th.
Project 03-1:
This contact phoned the City last spring regarding 5,000 s.f. of retail lease space. MDG has been following up
routinely with the contact occurring on December 17'h via mail and a phone conversation on January 14th. MDG
mailed this prospect a holiday card on behalf of the EDA.
Project 03-K:
This contact requested information from MDG on starting a business and zoning regulations in the Central
Business District, last spring. MDG mailed this prospect a holiday card on behalf of the EDA. A letter was mailed
on December 17'h and the prospect was contacted via phone on December 30th. This prospect has indicated the
. parent company for her perspective business will be sold and so the project is on-hold indefinitely.
Project 03-L:
This contact originally contacted the City in the spring of this year regarding industrial acreage within the
community. MDG mailed this prospect a holiday card on behalf of the EDA.
Project 03-R:
This prospect contacted the City in the summer of 2003 inquiring about vacant industrial acreage. MDG forwarded
information and continues to remain in contact with the prospect. MDG mailed this prospect a holiday card on
behalf of the EDA. A letter was mailed on December 17'11 to keep in touch. Latest outreach occurred on January
7'h. h
via pone.
Project 03-5:
This project involves the possible expansion of the industrial acreage in the community. MDG has been working
with the property owners on the project since August of 2003. MDG mailed this prospect a holiday card on behalf
of the EDA. MDG followed up with the property owner on December 10th and 31st and January 7'h.
Project 03-T:
This prospect contacted the City in the in the fall of 2003 regarding commercial acreage in the downtown. MDG
mailed this prospect a holiday card on behalf of the EDA and last followed up via phone on December 10th, email
on December 17'h and 30th and January 7'h.
Project 03-U:
Inquiry forwarded to MDG on October 1, 2003 regarding a potential commercial development in St. Joseph. MDG
followed up with the contact on December 2nd, 10th, 17'h and 30th. MDG mailed this prospect a holiday card on
behalf of the EDA. A phone message was left on January 14th.
- Project 03-V:
This prospect left a message for the City Administrator on Wednesday, October 08, 2003 regarding expansion of
- existing regional commercial enterprise to the City of St. Joseph. MDG mailed this prospect a holiday card on
behalf of the EDA. The prospect has secured a presence in the City.
EDA Monthly Project Report - December 2003/January 2004 Municipal Development Group - Page 2
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. Project 03-W:
· This developer contacted the City on October 8, 2003 regarding the expansion of an existing facility. MDG has
followed up by supplying information and offering assistance. MDG mailed this prospect a holiday card on behalf of
the EDA. The latest follow-up occurred via mail on December 17th. Project contact has indicated the potential
expansion is 'in limbo' right now.
Project 03-X:
This developer contacted the City on October 8, 2003 regarding the expansion of an existing facility. MDG
forwarded zoning information via fax. MDG mailed a holiday card to this prospect on behalf of the EDA. A follow-
up mailing was sent on December 17, 2003 and a phone message left on January 14th.
Project 01-P:
MDG called and left a message re: offer to assist if considering expansion) for this previous contact on December
10th at the suggestion of an EDA Board Member. MDG spoke with the contact on December 30th. The contact
indicated interior remodeling is progressing, but an actual facility expansion is probably 1"Y2 to two years away.
Other:
In an attempt to reduce banked office hours an MDG representative was not in the office on Wednesday,
December 24th. MDG updated residential growth summary at the request of a representative from Larson-Allen.
Five year historical commercial/industrial building activity summaries were also forwarded. The realtor representing
the Buettner Business Park was contacted regarding replacement of sign which has fallen into disrepair. Research
was performed regarding the intent of the Buettner Business Park covenants relative to commercial lot.
·
·
EDA Monthly Project Report - December 2003/January 2004 Municipal Development Group - Page 3
61