HomeMy WebLinkAbout[09] Field Street - Final Assessment Hearing
Council Agenda Item 9
MEETING DATE: October 24, 2017
AGENDA ITEM: Public Hearing – Final Assessment Hearing
Field Street
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The City Council conducted a public improvement hearing on
January 4, 2016 to consider the proposed improvements entitled Field Street which was also ordered at
this same meeting.
The City Council opened bids and on October 3, 2016 accepted the low bid of Douglas Kerr
Underground. The project was completed in October 2017
BACKGROUND INFORMATION: Since the construction of Field Street abuts property located in
St. Joseph Township that is currently undeveloped, the majority of the assessments will be deferred. MN
Statute 429 allows cities to defer assessments for a period of up to 30 years. Since before the project was
constructed City Staff/Officials have been meeting with property owners illustrating the location and
potential charges. Included with the meeting material are draft deferred assessment agreements for three
of the property owners. Staff is continues to work out the details and will have a final draft for the
Council meeting.
In addition, it can be noted from the final assessment roll that a trunk water and sewer fee is being
developed from this project, similar to what was done for Graceview Estates and CR 121. The design of
the infrastructure included a map illustrating benefiting properties which is then calculated by acre. As
water and sewer is extended to individual properties the trunk charge becomes due and payable. The map
included with the meeting material indicates the different trunk areas.
City staff has met with representatives of the College of St. Benedict regarding their proposed assessment.
In the meeting material is a letter of objection from the attorney representing the College of St. Benedict.
CSB representatives have indicated that they are willing to pay a portion of the assessment, but not the
majority. The Council must acknowledge the contention of assessment before the hearing closes. Staff
will continue to meet with CSB representatives to see of a mutually agreeable solution can be managed,
which will then come back to the Council for ratification. As with any property owner contesting the
assessment they have the right to have the matter heard before the court system.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Public Hearing Notice
Final Assessment Roll
Resolution 2017-055 Adopting Final Assessment Roll for 2016 Field Street Imp.
Agreement to Defer Assessment – Kluesner
Agreement to Defer Assessment – Meyer
Agreement to Defer Assessment – Heymans
Footage Computation Map
Truck Services Maps
Notice of Objection to Assessments - CSB
REQUESTED COUNCIL ACTION: Two separate actions are needed: 1) Authorize the Mayor and
Administrator to execute Resolution 2017-055 Adopting Final Assessment Roll for the 2016 Field Street
Improvement project; and 2) Authorize the Mayor and Administrator to execute the deferred assessment
agreements by and between the City of St. Joseph and Amy Kluesner; Raymond and Jackie Meyer,
Timothy and Anne Heymans.
City of St. Joseph
Public Hearing
Proposed Assessment – 2016 Field Street Improvements
TO WHOM IT MAY CONCERN:
Notice is hereby given that the council will meet at 6:30 PM on October 24, 2017, at the
St. Joseph Government Center, 75 Callaway St E to consider, and possibly adopt, the
proposed assessment for the 2016 Field Street Improvements which affect the following
area: between College Avenue S, beginning on College Avenue S at a point approximately
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1,550 feet north of Hill Street W, and the southerly extension of 7 Avenue SE to a point
approximately 600 feet south of the Graceview Estates 4 subdivision; and the improvement
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of 7 Avenue SE beginning at the intersection of 7 Avenue SE and Elena Ln in the
Graceview Estates 4 subdivision and a point approximately 600 feet south of the
Graceview Estates 4 subdivision by constructing sanitary sewer, water main, storm drain,
storm water treatment, bituminous street, trail, sidewalk, and lighting improvement.
Adoption by the council of the proposed assessment may occur at the hearing. The area
listed above is proposed to be assessed. The proposed assessment is proposed to be payable
in equal annual installments extending over a period of 15 years, the first of the
installments to be payable on or before the first Monday in January 2018, and will bear
interest at a rate of 4.75% per annum from the date of the adoption of the assessment
resolution. To the first installment shall be added interest on the entire assessment from the
date of the assessment resolution until December 31, 2017. To each subsequent installment
when due shall be added interest for one year on all unpaid installments.
You may at any time prior to certification of the assessment to the county auditor, pay the
entire assessment on such property, with interest accrued to the date of payment, to the
City of St. Joseph. No interest shall be charged if the entire assessment is paid within 30
days from the adoption of this assessment. You may at any time thereafter, pay to the City
of St. Joseph the entire amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such payment must be made
before November 15 or interest will be charged through December 31 of the succeeding
year. If you decide not to prepay the assessment before the date given above, the rate of
interest that will apply at 4.75 percent per year. You have the right to partially prepay the
assessment with any balance being certified to the County Auditor for collection under the
terms described above.
The proposed assessment roll is on file for public inspection at the City Administrator’s
office. The total amount of the proposed assessment is $816,019.84. Written or oral
objections will be considered at the meeting. No appeal to district court may be taken as to
the amount of an assessment unless a written objection signed by the affected property
owners is filed with the administrator prior to the assessment hearing or presented to the
presiding officer at the hearing. The council may upon such notice consider any objection
to the amount of a proposed individual assessment at an adjourned meeting upon such
further notice to the affected property owners as it deems advisable.
Under Minn. Stat. §§ 435.193 to 435.195 and City Ordinance No. 308, the council may, at
its discretion, defer the payment of this special assessment for any homestead property
owned by a person 65 years of age or older or retired by virtue of a permanent and total
disability for whom it would be a hardship to make the payments. When deferment of the
special assessment has been granted and is terminated for any reason provided in that law
and Ordinance (Resolution), all amounts accumulated plus applicable interest become due.
Any assessed property owner meeting the requirements of this law and Ordinance No. 308,
may, within 30 days of the confirmation of the assessment, apply to the city clerk for the
prescribed form for such deferral of payment of this special assessment on his/her property.
An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by
serving notice of the appeal upon the mayor or administrator of the city within 30 days
after the adoption of the assessment and filing such notice with the district court within ten
days after service upon the Mayor or Administrator.
Judy Weyrens
Administrator
Publish: October 6, 2017
FINAL SPECIAL ASSESSMENT ROLL DRAFT
SPECIAL ASSESSMENT RATE
(32' WIDE) STREET$142.06
2017 FIELD STREET IMPROVEMENTSSTORM SEWER$0.21
ST. JOSEPH, MNTRUNK WATER MAIN$1,085.23
SEH 135124, SAP 233-108-002TRUNK SANITARY SEWER$1,543.52
WATER MAIN$11,221.70
SANITARY SEWER$9,807.19
ASSESSED TRUNK TRUNK SANITARY SANITARY
BENEFITTING OR
FOOTAGESTORM SEWERWATER MAINWATER MAINSEWERSEWER
ADBUTTING FOOTAGESPECIAL ASSESSMENTS
TRUNK TOTAL DEFERRED
LONG SHORT TRUNK WATER SANITARY SANITARY TOTAL SPECIAL SPECIAL
PARCEL ID NO.PROPERTY DESCRIPTIONPROPERTY ADDRESSMAILING ADDRESSOWNER OF RECORDSIDESIDESTREETSQ FTACREEACHACREEACHSTREETSTORM SEWERMAINWATER MAINSEWERSEWERASSESSMENTASSESSMENT
LINE NO.
37 COLLEGE AVE S
184.53475.0500 Lot 001 Block 001 of COLLEGE ADDITION 524 COLLEGE AVE SST JOSEPH MN 56374COLLEGE OF ST BENEDICT 480.000.00240.00135005.000.000.000.000.00$34,093.68$27,804.52$0.00$0.00$0.00$0.00$61,898
.20
37 COLLEGE AVE S
284.53475.0513 Lot 001 Block 001 of COLLEGE 4TH ADDITION 430 COLLEGE AVE SST JOSEPH MN 56374COLLEGE OF ST BENEDICT 0.00795.00795.00336550.000.000.000.000.00$112,935.32$69,313.07$0.00$0.00$0.00$0.00$
182,248.39
75 CALLAWAY ST E
3WEST SIDE NEW 7THTBDST. JOSEPH MN 56374CITY OF ST. JOSEPH0.00228.00228.0058181.001.581.001.581.00$32,389.00$11,982.48$1,714.67$11,221.70$2,438.76$9,807.19$65,400.36
75 CALLAWAY ST E
4EAST SIDE NEW 7THTBDST. JOSEPH MN 56374CITY OF ST. JOSEPH0.00238.00238.0043098.001.272.001.272.00$33,809.57$8,876.11$1,378.25$22,443.39$1,960.27$19,614.37$84,743.44
29772 95TH AVE
531.20842.00015.01 A N336' OF W650' OF SE4NE429772 95TH AVE ST JOSEPH MN 56374RICHARD J VOS 0.00198.000.000.002.551.002.551.00$0.00$0.00$2,767.34$11,221.70$3,935.97$9,807.19$21,028.88
53.00A SE4NE4 LESS N 336' OF W 650' & NE4SE4 16 1ST AVE SE
631.20842.0000LESS E 742.5' & NE .01A OF SW4NE4 ST JOSEPH MN 56374 LEONARD J & ELIZABETH WALZ 0.000.000.000.0038.860.0027.750.00$0.00$0.00$42,172.14$0.00$42,832.60$0.00
158.00 A. NW4NE4, NE4NW4, LESS 10.01A S 5/8
OF W2NW4 LESS 1.00A & LESS S 33' W2SE4NE4
ALSO E 32 RDS ON N TIMES 48 RD S ON S OF 29748 91ST AVE
731.20826.0000SW4NE429748 91ST AVE ST JOSEPH MN 56374ROBERT B & RITA M RASSIER 0.000.000.000.0044.990.0044.960.00$0.00$0.00$48,824.61$0.00$69,396.53$0.00
4.38 A. PT OF NE4NW4 S OF N ROW RD (FIELD NATURAL GAS 75 CALLAWAY ST E
884.53433.0070ST) LESS .17 ACPRESSURIZATION AREAST. JOSEPH MN 56374CITY OF ST. JOSEPH468.760.00234.380.000.740.000.000.00$33,295.32$0.00$803.07$0.00$0.00$0.00$33,295.32
68.87A SE4NW4 LESS 8.00A & N2SW4 LESS 29482 COUNTY ROAD 121 RAYMOND A & JACQUELINE K
931.20848.000016.45A & LESS PLATTED29482 COUNTY ROAD 121 ST JOSEPH MN 56374MEYER 0.001050.711050.710.000.000.000.000.00$149,260.72$0.00$0.00$0.00$0.00$0.00$149,260.72
LOT 1 BLK 1 LESS PART LYING NLY OF FDL:COM
NW COR LOT 1-SE ALD W LN 40' TO POB-N89D E
357.19'-NELY 875.17' ALG CURVE-S43D E 161.17'-PO BOX 418
1031.21302.0152SELY ALG CURVE 17.04' TO E LN LOT 1 & TERM 29645 95TH AVE SAINT JOSEPH MN 56374 AMY KLUESNER 0.001253.951253.95147778.0024.450.0021.560.00$178,132.39$30,435.14$26,533.94$0.00$33,278.23
$0.00$208,567.53
LOT 2 BLK 1 LESS PART LYING NLY OF FDL:COM
NE COR LOT 1 BLK 1-S1D E ALG W LN 515.17' TO 29643 95TH AVE TIMOTHY PH & ANN M H
1131.21302.0157POB-SELY 92.71' ALG CURVE TO E LN & TERM29643 95TH AVE ST JOSEPH MN 56374 HEYMANS 0.0066.0066.00977.004.120.004.120.00$9,375.76$201.21$4,471.16$0.00$6,359.29$0.00$9,576.98
40.47A NW4SE4 LESS N269' OF W620' ALSO S231' 29641 95TH AVE
1231.20837.0000OF E700' OF SW4NE4 545 7TH AVE SE ST JOSEPH MN 56374STEVEN J HEYMANS 0.000.000.000.007.960.000.910.00$0.00$0.00$8,638.45$0.00$1,404.60$0.00
PO BOX 613
1331.20842.0050 10.00 A. W 330' OF E 742.5' OF NE4SE49405 295TH ST ST JOSEPH MN 56374MICHAEL G & ANNA M SCHERER 0.000.000.000.007.020.000.000.00$0.00$0.00$7,618.33$0.00$0.00$0.00
PO BOX 613
1431.20835.000012.50A E 25 RDS OF NE4SE49301 295TH ST ST JOSEPH MN 56374MICHAEL G & ANNA M SCHERER 0.000.000.000.009.940.000.000.00$0.00$0.00$10,787.21$0.00$0.00$0.00
19.83A NW4SW4 LESS PART PLATTED & LESS S 29365 91ST AVE
1531.20833.0000627' OF N 660' OF E 33' THEROF29365 91ST AVE SAINT JOSEPH MN 56374FLOYD OSTENDORF 0.000.000.000.0014.110.000.000.00$0.00$0.00$15,312.63$0.00$0.00$0.00
29493 KIWI CT ALPHONSE J & CYNTHIA M
1631.21288.0000 Lot 016 Block 001 of FOREST MANOR ADD 29493 KIWI CT ST JOSEPH MN 56374KREY 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29457 KIWI CT
1731.21287.0000 Lot 015 Block 001 of FOREST MANOR ADD 29457 KIWI CT ST JOSEPH MN 56374TIMOTHY F & NANCY J EBEL 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29427 KIWI CT
1831.21286.0000 Lot 014 Block 001 of FOREST MANOR ADD29427 KIWI CT ST JOSEPH MN 56374 JEFFREY & JANET HAVILAND 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29413 KIWI CT
1931.21285.0000 Lot 013 Block 001 of FOREST MANOR ADD29413 KIWI CT SAINT JOSEPH MN 56374BRIAN SCHUTLE 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29414 KIWI CT
2031.21284.0000 Lot 012 Block 001 of FOREST MANOR ADD29414 KIWI CT SAINT JOSEPH MN 56374ROBIN GRZYBOWSKI 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29422 KIWI CT JERRY L & PATRICIA
2131.21283.0000Lot 011 Block 001 of FOREST MANOR ADD29422 KIWI CT ST JOSEPH MN 56374WETTERLING 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29458 KIWI CT
2231.21282.0000Lot 010 Block 001 of FOREST MANOR ADD29458 KIWI CT ST JOSEPH MN 56374JEFFREY L MAXWELL 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
9219 295TH ST
2331.21281.0000 Lot 009 Block 001 of FOREST MANOR ADD9219 295TH ST ST JOSEPH MN 56374MANUEL J CAMPOS 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29471 KALE CT
2431.21280.0000Lot 008 Block 001 of FOREST MANOR ADD29471 KALE CT ST JOSEPH MN 56374KEVIN J PLAFCAN 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29457 KALE CT
2531.21279.0000Lot 007 Block 001 of FOREST MANOR ADD29457 KALE CT SAINT JOSEPH MN 56374JEFFREY FROMM 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29425 KALE CT
2631.21278.0000Lot 006 Block 001 of FOREST MANOR ADD 29425 KALE CT SAINT JOSEPH MN 56374CATHERINE ANDERSON 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
29413 KALE CT
2731.21277.0000Lot 005 Block 001 of FOREST MANOR ADD 29413 KALE CT ST JOSEPH MN 56374PATRICK J & JANET L ROSS 0.000.000.000.001.090.000.000.00$0.00$0.00$1,182.90$0.00$0.00$0.00
29410 KALE CT
2831.21276.0000Lot 004 Block 001 of FOREST MANOR ADD29410 KALE CT ST JOSEPH MN 56374JAMES HILTNER0.000.000.000.001.670.000.000.00$0.00$0.00$1,812.34$0.00$0.00$0.00
29436 KALE CT
2931.21274.0000Lot 003 Block 001 of FOREST MANOR ADD29436 KALE CT ST JOSEPH MN 56374SYLVESTER P & VERA THEISEN 0.000.000.000.001.360.000.000.00$0.00$0.00$1,475.92$0.00$0.00$0.00
29456 KALE CT
3031.21273.0000Lot 002 Block 001 of FOREST MANOR ADD29456 KALE CT ST JOSEPH MN 56374GENE M & TERRI L BOYSEN 0.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
PO BOX 104
Lot 001 Block 001 of FOREST MANOR ADD29472 KALE CT ST JOSEPH MN 56374BRIAN L FRANZ
3131.21272.00000.000.000.000.001.000.000.000.00$0.00$0.00$1,085.23$0.00$0.00$0.00
TOTALS1111.654847.744106.04721589.00174.714.00104.704.00$583,291.77$148,612.54$189,600.98$44,886.78$161,606.24$39,228.75$244,146.60$571,873.24
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Resolution 2017-055
Adopting Final Assessment
2016 Field Street Improvements
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the proposed assessment for the 2016 Field Street Improvements which
affects the following areas: between College Avenue S, beginning on College Avenue S at a point
approximately 1,550 feet north of Hill Street W, and the southerly extension of 7th Avenue SE to a point
approximately 600 feet south of the Graceview Estates 4 subdivision; and the improvement of 7th Avenue
SE beginning at the intersection of 7th Avenue SE and Elena Ln in the Graceview Estates 4 subdivision
and a point approximately 600 feet south of the Graceview Estates 4 subdivision by constructing sanitary
sewer, water main, storm drain, storm water treatment, bituminous street, trail, sidewalk, and lighting
improvement
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract of
land therein included is hereby found to be benefited by the proposed improvement in the amount of
the assessment levied against it.
2. Unless deferred, such assessment shall be payable in equal annual installments extending over a
period of 15 years, the first of the installments to be payable on or before the first Monday in January
2018, and shall bear an interest rate of 4.25 percent per annum from the date of the adoption of this
assessment resolution. To the first installment shall be added interest on the entire assessment
amount from the date of this resolution until December 31, 2017. To each subsequent installment
when due shall be added interest for one year on all unpaid installments.
3. It is hereby declared that it is the intention of the City to reimburse itself in the future for the portion
of the cost of this improvement paid for from municipal funds by levying deferred assessments as
provided in MN Statute § 429.051. The attached exhibit identifies the properties for which the
assessment will be deferred with the following terms:
For the years 2018 through December 31, 2037 only interest shall be applied to the special
assessment. The interest will be at a rate of 2% or $ 4,171.35 compounded annually. The City
will bill the property owner no later than October 15 of each calendar year which will be due
within 30 days
Beginning January 1, 2038 the deferred assessment will become due and payable. The total of
the assessment will be assessed for a term of ten years with an interest rate of 2%. Beginning
January 1, 2038 the assessment (interest and principal) will be divided into ten equal installments
collected with the real estate taxes ending in 2048.
1. The City agrees that the property owner shall be allowed to construct one additional single
family dwelling unit without the deferred special assessments becoming due and payable
subject to the following:
a. The single family dwelling unit will only be allowed for a member of the property
owner’s immediate family.
b. The new structure constructed must connect to the municipal water and sanitary sewer
system and will be responsible for paying the following trunk utility fees (See attached
trunk service maps):
i. 2005 Trunk Water Fee
ii. 2005 Trunk Sewer Fee
iii. 2017 Field Street Trunk Water Fee
iv. 2017 Field Street Trunk Sewer Fee
The property owner will also be responsible for paying the water and sewer utility access
fees (WAC/SAC) that are applicable at the time of construction and any other fees
associated with a constructing a single family residential home.
c. Direct driveway access to Field Street will not be allowed; however, a street assessment
for access to Field Street will be charged at the time of building and collected with the
building permit. .
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the city treasurer, except that no interest shall be
charged if the entire assessment is paid within 30 days from the adoption of this resolution;
and the property owner may at any time thereafter, pay to the city treasurer the entire amount
of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before November 15 or interest
will be charged through December 31 of the succeeding year.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
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Adopted by the council this 24 day of October 2017.
Rick Schultz, Mayor
Judy Weyrens, Administrator
AGREEMENT TO DEFER ASSESSMENT
This agreement is entered into this day of , 2017, by and between
Amy Kluesner Owner of the below described property, (herein after referred to as the “property owner”)
and the City of St. Joseph, a Minnesota political subdivision (herein referred to as the “City”)
Whereas, Amy Kluesner owns property legally described as:
Lot 1, Block 1, Grace Acres, Stearns County, Minnesota.
TOGETHER with a perpetual non-exclusive easement for the purpose of ingress and
egress to be used in common with the grantors, their heirs and assigns and others having
a like right over and across that part of the Northeast Quarter of the Northeast Quarter,
Section 15, Township 124 North, Range 29 West, lying west of a line drawn from the
point on the north line of said Northeast Quarter of the Northeast Quarter, distant 66 feet
East of the northwest corner of the Northeast Quarter of the Northeast Quarter to a point
on the south line of said Northeast Quarter of the Northeast Quarter distant 66 feet East of
the southwest corner of said Northeast Quarter of the Northeast Quarter.
AND TOGETHER with a non-exclusive easement described as: Beginning at the
southeast corner of the Northwest Quarter of the Northeast Quarter in said Section 15,
thence North along the east line of said Northwest Quarter of the Northeast Quarter (said
line also being the west line of the Northeast Quarter of the Northeast Quarter in said
Section 15), a distance of 66 feet; thence West parallel to the south line of said Northwest
Quarter of the Northeast Quarter a distance of 99 feet; thence South parallel to the east
line of said Northwest Quarter a distance of 66 feet to the point of intersection with the
south line of said Northwest Quarter of the Northeast Quarter; thence East along the
south line of said Northwest Quarter of the Northeast Quarter a distance of 99 feet to the
point of beginning and there terminating.
A.P.N 31-21302-0150
Whereas, the property owned by Amy Kluesner lies but within an area governed by an Orderly
Annexation Area (OAA); and
Whereas, the City‘s comprehensive transportation plan provides for the construction of an
east/west community collector street known as Field Street; and
Whereas, a community collector provides for access to and from neighborhoods, to business
centers, and to the arterial system with moderate emphasis on both access and mobility. Therefore, direct
driveway access will be discouraged; and
Whereas, the City ordered the improvement, solicited bids, and constructed the first phase of
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Field Street between College Avenue (CR 121) to 7 Avenue SE; and
Whereas, The City has issued debt to pay for the 2017 Field Street Improvements which include
an average annual coupon rate of 2.1807%and will levy special assessments that will bear an interest rate
of 4.25% for those benefitting property owners opting to extend their special assessment payment over a
fifteen year period; and
Whereas, the City has adopted a special assessment policy which provides for special assessing
benefitting property owners a proportionate share of the cost of the improvement; and
Whereas, the City Council on October 24, 2017, is considering adoption of the final special
assessment roll, assessing benefitting properties a proportionate share of the collector street improvement
costs based on the typical costs of a local residential street, 32 feet in width; and
Whereas, as the property owner will not be connecting to municipal utility services.
Therefore, in consideration of the actions of the parties and the mutual promises contained herein,
the parties hereby agree as follows:
1. The property owner agrees to the following final special assessment:
a. Street $ 178,132.39
b. Storm Sewer $ 30,435.14
c. Trunk Water Main $ 26,533.94
d. Trunk Sanitary Sewer $ 33,278.23
Total Special Assessment $ 208,567.53
2. The City agrees that any special assessments levied will be deferred pursuant to the following
terms and conditions:
a. For the years 2018 through December 31, 2037 only interest shall be applied to the
special assessment. The interest will be at a rate of 2% or $ 4,171.35 compounded
annually. The City will bill the property owner no later than October 15 of each calendar
year which will be due within 30 days.
(Alternate Language)
For the years 2018 through December 31, 2037 Interest shall accrue and compound
annually at a rate of 2%. Beginning January 1, 2018 deferred interest will be added from
October 24, 2017 through December 31, 2018. For each year thereafter shall be added
one year of interest.
b. Beginning January 1, 2038 the deferred assessment will become due and payable. The
total of the assessment will be assessed for a term of ten years with an interest rate of 2%.
Beginning January 1, 2038 the assessment (interest and principal) will be divided into ten
equal installments collected with the real estate taxes ending in 2048
3. The City agrees that the property owner shall be allowed to construct one additional single
family dwelling unit without the deferred special assessments becoming due and payable
subject to the following:
a. The single family dwelling unit will only be allowed for a member of the property
owner’s immediate family.
b. The new structure constructed must connect to the municipal water and sanitary sewer
system and will be responsible for paying the following trunk utility fees (See attached
trunk service maps):
i. 2005 Trunk Water Fee
ii. 2005 Trunk Sewer Fee
iii. 2017 Field Street Trunk Water Fee
iv. 2017 Field Street Trunk Sewer Fee
The property owner will also be responsible for paying the water and sewer utility access
fees (WAC/SAC) that are applicable at the time of construction and any other fees
associated with a constructing a single family residential home.
c. Direct driveway access to Field Street will not be allowed; however, a street assessment
for access to Field Street will be charged at the time of building and collected with the
building permit. .
4. This agreement contains the parties’ entire understanding with respect to the subject matter
contained herein and shall only be modified in writing signed by the party to be bound.
Dated this day of , 2017.
PROPETY OWNER CITY OF ST. JOSEPH
Amy Kluesner Rick Schultz, Mayor
Kevin Kluesner Judy Weyrens, Administrator
AGREEMENT TO DEFER ASSESSMENT
This agreement is entered into this day of , 2017, by and between
Raymond A. Meyer and Jacqueline K Meyer, husband and wife, Owner of the below described property,
(herein after referred to as the “property owner”) and the City of St. Joseph, a Minnesota political
subdivision (herein referred to as the “City”)
Whereas, the property owner owns property legally described as:
That part of the Southeast Quarter of the Northwest Quarter of Section 15, Township 124
North, Range 29 West, Stearns County, Minnesota, lying north of the following described
line:
Commencing at the northeast corner of said Southeast Quarter of the Northwest Quarter;
thence on an assigned bearing of South 00 degrees 59 minutes 10 seconds East, along the
east line of said Southeast Quarter of the Northwest Quarter, a distance of 40.00 feet to
the point of beginning of the line to be herein described; thence South 89 degrees 00
minutes 23 seconds West, parallel to the north line of said Southeast Quarter of the
Northwest Quarter, a distance of 367.70 feet; thence westerly 252.47 feet along a
tangential curve concave to the north, with a radius of 790.00 feet and a central angle of
18 degrees 18 minutes 38 seconds, to the north line of said Southeast Quarter of the
Northwest Quarter, and said line there terminating. Containing 21,361 square feet, more
or less.
Whereas, the property owned by Meyer’s lies within the Town of St. Joseph, but within an area
governed by an Orderly Annexation Area (OAA); and
Whereas, the City‘s comprehensive transportation plan provides for the construction of an
east/west community collector street known as Field Street; and
Whereas, a community collector provides for access to and from neighborhoods, to business
centers, and to the arterial system with moderate emphasis on both access and mobility. Therefore, direct
driveway access will be discouraged; and
Whereas, the City ordered the improvement, solicited bids, and constructed the first phase of
th
Field Street between College Avenue (CR 121) to 7 Avenue SE; and
Whereas, The City has issued debt to pay for the 2017 Field Street Improvements which include
an average annual coupon rate of 2.1807%and will levy special assessments that will bear an interest rate
of 4.25% for those benefitting property owners opting to extend their special assessment payment over a
fifteen year period; and
Whereas, the City has adopted a special assessment policy which provides for special assessing
benefitting property owners a proportionate share of the cost of the improvement; and
Whereas, the City Council on October 24, 2017, is considering adoption of the final special
assessment roll, assessing benefitting properties a proportionate share of the collector street improvement
costs based on the typical costs of a local residential street, 32 feet in width; and
Whereas, as the property owner will not be connecting to municipal utility services.
Therefore, in consideration of the actions of the parties and the mutual promises contained herein,
the parties hereby agree as follows:
1. The property owner agrees to the following final assessment:
Street Assessment $ 149,260.72
2. The City agrees that any assessments levied will be deferred pursuant to the following terms
and conditions:
a. For the years 2018 through December 31, 2037 only interest shall be applied to the
assessment. The interest will be at a rate of 2% or $ 2,985.21 annually. The City will bill
the property owner no later than November 15 of each calendar year which will be due
within 30 days.
(Alternate Language)
For the years 2018 through December 31, 2037 Interest shall accrue and compound
annually at a rate of 2%. Beginning January 1, 2018 deferred interest will be added from
October 24, 2017 through December 31, 2018. For each year thereafter shall be added
one year of interest.
b. Beginning January 1, 2038 the deferred assessment will become due and payable. The
total of the assessment will be assessed for a term of ten years with an interest rate of 2%.
The assessment (interest and principal) will be divided into ten equal installments
collected with the real estate taxes.
3. The City agrees that the property owner shall be allowed to construct one additional single
family dwelling unit without the deferred special assessments becoming due and payable
subject to the following:
a. The single family dwelling unit will only be allowed for a member of the property
owner’s immediate family.
b. The new structure constructed must connect to the municipal water and sanitary sewer
system and will be responsible for paying the following trunk utility fees (See attached
trunk service maps):
i. 2005 Trunk Water Fee
ii. 2005 Trunk Sewer Fee
The property owner will also be responsible for paying the water and sewer utility access
fees (WAC/SAC) that are applicable at the time of construction and any other fees
associated with a constructing a single family residential home.
c. Direct driveway access to Field Street will not be allowed; however, a street assessment
for access to Field Street will be charged at the time of building and collected with the
building permit. .
4. This agreement contains the parties’ entire understanding with respect to the subject matter
contained herein and shall only be modified in writing signed by the party to be bound.
Dated this day of , 2017.
PROPETY OWNER CITY OF ST. JOSEPH
Raymond A. Meyer Rick Schultz, Mayor
Jacqueline Meyer Judy Weyrens, Administrator
AGREEMENT TO DEFER ASSESSMENT
This agreement is entered into this day of , 2017, by and between
Timothy P.H. Heymans and Ann M.H. Heymans, husband and wife, Owner of the below described
property, (herein after referred to as the “property owner”) and the City of St. Joseph, a Minnesota
political subdivision (herein referred to as the “City”)
Whereas, the property owner owns property legally described as:
That part of Lot 2, Block 1, Grace Acres, Stearns County, Minnesota, lying northerly of
the following described line:
Commencing at the northeast corner of Lot 1, Block 1, said plat; thence on an assigned
bearing of South 01 degrees 00 minutes 13 seconds East, along the west line of said Lot
2, a distance of 515.17 feet to the point of beginning of the line to be herein described;
thence southeasterly 92.71 feet along a non-tangential curve concave to the northeast,
with a radius of 1148.00 feet and a central angle of 04 degrees 37 minutes 38 seconds, the
chord of said curve bears South 46 degrees 22 minutes 58 seconds East 92.69 feet, to the
east line of said Lot 2, and said line there terminating. Containing 35,646 square feet,
more or less.
Whereas, the property owned by Heyman’s lies within the Town of St. Joseph, but within an area
governed by an Orderly Annexation Area (OAA); and
Whereas, the City‘s comprehensive transportation plan provides for the construction of an
east/west community collector street known as Field Street; and
Whereas, a community collector provides for access to and from neighborhoods, to business
centers, and to the arterial system with moderate emphasis on both access and mobility. Therefore, direct
driveway access will be discouraged; and
Whereas, the City ordered the improvement, solicited bids, and constructed the first phase of
th
Field Street between College Avenue (CR 121) to 7 Avenue SE; and
Whereas, The City has issued debt to pay for the 2017 Field Street Improvements which include
an average annual coupon rate of 2.1807%and will levy special assessments that will bear an interest rate
of 4.25% for those benefitting property owners opting to extend their special assessment payment over a
fifteen year period; and
Whereas, the City has adopted a special assessment policy which provides for special assessing
benefitting property owners a proportionate share of the cost of the improvement; and
Whereas, the City Council on October 24, 2017, is considering adoption of the final special
assessment roll, assessing benefitting properties a proportionate share of the collector street improvement
costs based on the typical costs of a local residential street, 32 feet in width; and
Whereas, as the property owner will not be connecting to municipal utility services.
Therefore, in consideration of the actions of the parties and the mutual promises contained herein,
the parties hereby agree as follows:
1. The property owner agrees to the following final assessment:
a. Street $ 9,675.76
b. Storm Sewer $ 201.21
c. Trunk Water Main $ 4,471.16
d. Trunk Sanitary Sewer $ 6,359.29
Total Assessment $ 9.576.98
2. The City agrees that any assessments levied will be deferred pursuant to the following terms
and conditions:
a. For the years 2018 through December 31, 2037 only interest shall be applied to the
assessment. The interest will be at a rate of 2% or $ 191.53 annually. The City will bill
the property owner no later than November 15 of each calendar year which will be due
within 30 days.
(Alternate Language)
For the years 2018 through December 31, 2037 Interest shall accrue and compound
annually at a rate of 2%. Beginning January 1, 2018 deferred interest will be added from
October 24, 2017 through December 31, 2018. For each year thereafter shall be added
one year of interest.
b. Beginning January 1, 2038 the deferred assessment will become due and payable. The
total of the assessment will be assessed for a term of ten years with an interest rate of 2%.
The assessment (interest and principal) will be divided into ten equal installments
collected with the real estate taxes.
3. The City agrees that the property owner shall be allowed to construct one additional single
family dwelling unit without the deferred special assessments becoming due and payable
subject to the following:
a. The single family dwelling unit will only be allowed for a member of the property
owner’s immediate family.
b. The new structure constructed must connect to the municipal water and sanitary sewer
system and will be responsible for paying the following trunk utility fees (See attached
trunk service maps):
i. 2005 Trunk Water Fee
ii. 2005 Trunk Sewer Fee
iii. 2017 Field Street Trunk Water Fee
iv. 2017 Field Street Trunk Sewer Fee
The property owner will also be responsible for paying the water and sewer utility access
fees (WAC/SAC) that are applicable at the time of construction and any other fees
associated with a constructing a single family residential home.
c. Direct driveway access to Field Street will not be allowed; however, a street assessment
for access to Field Street will be charged at the time of building and collected with the
building permit. .
4. This agreement contains the parties’ entire understanding with respect to the subject matter
contained herein and shall only be modified in writing signed by the party to be bound.
Dated this day of , 2017.
PROPETY OWNER CITY OF ST. JOSEPH
Timothy P.H. Heymans Rick Schultz, Mayor
Ann M.H. Heymans Judy Weyrens, Administrator
� 1010 WEST ST GERMAIN STREET THOMAS E MATHEWS
SUITE 500 ATTORNEY
� ST. ClOUD, MN 56301-3406 DIRECT DIAL 320 202 i329
MAIN. 320 252 4414 FAX 320 257 5740
� � FAX. 32�.252.4482 THOMAS MATHEWS@GPMLAW.COM
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OCT � 7 ?_017
NOTICE OF OBJECTION TO ASSESSMENTS �l�����` `�������'
October 12, 2017
Mayor Rick Schultz
City of St. Joseph
City Hall
25 College Avenue North
St. Joseph, MN 56374
RE: Field Street Improvements
Our File No. 171943.419586
Dear Sir:
I am responding on behalf of the College of Saint Benedict(CSB)regarding the improvements to
Field Street and potential assessments for the improvements.
CSB has received the following Final Special Assessment Roll Draft:
Parcel Street Storm Sewer
84.5347.OSQ0 (President's Residence) $ 34,093.66 $27,804.52
84.53475.0513 (Athletic Fields) $112,935.32 $69,313.07
As addressed in this letter, CSB objects to each of these assessments.
CSB's obligations to the City regarding assessments for the three developments (President's
resident, student residence, and athletic fields) are documented in the following agreements:
1. The Agreement between the City of St. Joseph, Minnesota and The College of
Saint Benedict Relating to the Acquisition of Land for the Location of Roads
Dated May 19, 2003 (the "2003 AgreemenY').
2. The Development Agreement dated August 5, 2004, relating to the President's
residence, (the"2004 Development Agreement").
GRAY,P4AN'I',MOOTY,MOOTY�BENNETT, P.A.
A FULL-SERVICE LAW FIRM
MINNEAPOLIS,MN • Si. CLOUD,MN • WASHWGTON,DC
WWW GPMLAW.COM
Mayor Rick Schultz
October 12, 2017
Page 2
3. The Development Agreement dated October 31, 201 l, relating to the athletic
fields, (the "2011 Development Agreement").
4. Memorandum of Understanding, Field Street Project, dated as of July 26, 2016
(the "2006 MOU").
I. The City cannot properly assess parce184.5347.0500 (President's Residence) for the
following reasons:
1. In accordance with the 2004 Development Agreement, CSB was assessed and
paid the sum of$19,341.40 for storm water, the amount documented by the City's
letter of Apri126, 2005. This was assessed for downstream storm water
improvement costs which may have been, or will be, incurred by the City. The
projected stortn water assessment would mean that CSB is paying twice for the
same item.
2. The value of the benefit assessed to the parcel exceeds the increase in market
value due to the improvement. The President's Residence was constructed with
special features usable for special functions that are not found in a single-family
dwelling. In essence, the facility is a special-use facility, and neither the structure
nor the land can be subdivided or converted to any other use. The Field Street
improvements provide no potential increase in the market value of the property.
II. The City cannot properly assess parcel 84.53475.0513 (Athletic Fields) for the following
reasons:
1. The 2011 Development Agreement, in part, provides that CSB is required to make
improvements for managing and treating storm water runoff regarding the athletic
field development. CSB shall receive a credit, as set forth in the 2011
Development Agreement, for the costs incurred by CSB. The 2011 Development
Agreement is the controlling Agreement relating to storm water assessments.
CSB has complied with the terms of the 2011 Development Agreement and paid
all assessments for storm water relating to the athletic fields.
2. The 2016 MOU granted the City an easement over what was later platted as
Outlot B in College 4th Addition, with the requirement by CSB to deed the
property to the City when the plat was recorded. The plat is recorded, and a deed
needs to be delivered to the City. Outlot B consists of 58,899 square feet. Outlot
B should be considered to be owned by the City, and CSB should not be assessed
for such property.
Mayor Rick Schultz
October 12, 2017
Page 3
3. The City's street assessment policies do not apply to CSB relating to the
assessment for the Field Road. Pursuant to the terms of the 2003 Agreement,the
City agreed that CSB would not be assessed for any costs relating to the Field
Road unless CSB had a need for access.
a. During the development process of the athletic fields, CSB demonstrated
that it had no need to provide an access to the Field Road. The City would
not approve the athletic field development without a second access for
emergencies. The second access was not required by zoning or building
requirements. CSB had no need for the access, did not request said access,
and provided for emergency access by other means as approved by the
Planning Commission, but later overturned by the Council and therefore
should not be assessed.
b. In the event that access is needed,the charge or assessment is determined
by agreement of both the City and CSB and not by the City's assessment
policies. As of this date, there has been no mutual agreement by the
parties.
c. The lineal footage includes Outlot B, City property. That property needs
to be excluded in the calculation of the street assessment.
4. By the tertns of the 2011 Development Agreement, Outlot D is required to be
used only for recreational and athletic purposes and can be developed only as part
as Phase II as shown in the 2011 Development Agreement. The Field Street
improvements provide no potential increase in the market value of the property.
In fact, the improvements may actually lessen the value.
Very truly yours,
GRAY, PLANT, MOOTY,
MOOTY& BENNETT, P.A.
�''''�'�-. cZ.
Thomas E. Mathews
cc: Judy Weyrens(via E-Mail only)
Susan Palmer(via E-Mail only)
Brad Sinn(via B-Mail only)
TEM:ths
GP:4835-9719-6369 vl