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HomeMy WebLinkAbout03.18.24 CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 St. Joseph City Council March 18, 2024 6:00 PM **The City Council meeting will be conducted in-person in the council chambers of the St. Joseph Government Center. Members of the public can attend in-person or via Zoom. ** Join Zoom Meeting https://us06web.zoom.us/j/86283123099?pwd=USVeByDQZlSu0SbO01LLNNXbQ7KV29.1 Meeting ID: 862 8312 3099 Passcode: 112212 1. 6:00 PM Call to order - Pledge of Allegiance 2. Public Comments Up to 3 speakers will be allowed for up to 3 minutes each to address the council with questions/concerns/comments (regarding an item NOT on the agenda). No Council response or action will be given/taken other than possible referral to Administration. 3. Approve Agenda 4. Consent Agenda a. Minutes – Requested Action: Approve the minutes of March 4, 2024 b. Bills Payable – Requested Action: Approve Check Numbers 61641-61689, Payroll & Account Payable EFT #3295-3311; Regular Pay Period 5. c. Financial Report – Requested Action: Approve the February financial reports as presented. d. Donations – Requested Action: Approve Resolution 2024-012 Accepting Donations. e. Application to Conduct Off-Site Gambling, Optimist Club – Requested Action: Approve Resolution 2024-011 approving application to conduct off-site gambling for the Optimist Club of St. Cloud. f. Early Voting Agreement with Stearns County – Requested Action: Approve the early voting agreement between the City of St. Joseph and Stearns County. g. 2023 TIF Reports Service Contract – Requested Action: Accept Northland Securities consulting services for the 2023 TIF report preparation for TIF 2-2, TIF 2-3, TIF 4-1. h. Amendment to the Orderly Annexation Agreement (OAA) – Requested Action: Approve Resolution 2024-013 amending the OAA to incorporate parcel 82.44015.0145 into St. Joseph Township. i. Surplus Property – Requested Action: Declare 1997 Grass Rig and old turnout gear as surplus property. 5. Planning Items a. Special Home Occupation License, 201 Pondview Lane b. Public Hearing – Variance to Rear Building Setback 13 2nd Ave NW, House of Hern c. Non-Conforming Structure Extension Request 13 2nd Ave NW, House of Hern d. Parking Proposal – House of Hern e. Public Hearing – Variance to Parking Lot Setback 202 MN St W, House of Hern f. Public Hearing – Variance on impervious surface coverage 202 MN St W, House of Hern 6. Joetown Blocks - Street Closure, Special Event Request – St. Joseph CVB 7. Discussion on Potential Beltline Funding Formulas, Area Planning Organization (APO) 8. Engineer Reports a. Resolution Approving County Project within Municipal Corporate Limits b. Resolution Relating to Parking Restrictions related to CSAH 133 Improvements 9. Department Reports CITY OF ST. JOSEPH www.cityofstjoseph.com 75 Callaway Street East | Saint Joseph, Minnesota 56374 Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342 10. Mayor and Council Reports/Updates 11. Adjourn March 4th, 2024 Page 1 of 3 Pursuant to due call and notice thereof, the City Council for the City of St. Joseph met in regular session on Monday, March 4th, 2024, at 6:00PM in the St. Joseph Government Center. Members Present: Mayor Rick Schultz, Councilmembers Kevin Kluesner, Bob Loso, Kelly Beniek Absent: Adam Scepaniak City Representatives Present: City Administrator David Murphy, Public Works Director Ryan Wensmann, Community Development Director Nate Keller, City Engineer Randy Sabart, Police Chief Dwight Pfannenstein, City Clerk Kayla Klein, Finance Director Lori Bartlett, City Attorney Sue Dege Public Comments: None. Approve Agenda: Loso motioned to approve the agenda; seconded by Kluesner and passed unanimously. Consent Agenda: Kluesner made a motion to approve the consent agenda; seconded by Schultz. Schultz pulled item d. for discussion. The motion to approve consent agenda items a. – c. passed unanimously. Consent Agenda: a. Minutes – Requested Action: Approve the minutes of February 20, 2024 b. Bills Payable – Requested Action: Approve Check Numbers 61587-61640, Payroll & Account Payable EFT #3275-3294; Regular Pay Period 4. c. Plow Truck Purchase – Requested Action: Approve the purchase of a plow truck from the City of Apple Valley in the amount of $65,000.00. d. FEMA Grant Writer and Grant Application Submittal, St. Joseph Fire Department – Requested Action: Hire a grant write for $400.00 to apply for the FEMA 95/5 grant to replace the fire department radios. Schultz shared the League of MN Cities has a new program that assists cities with hiring grant writers. He suggested checking into the resources available from the LMC. They may be more cost effective than what has been proposed. After discussion between staff and council, consensus was to explore the services available from the LMC if time allows. If time is of the essence in applying for the grant, the Fire Department may pursue hiring the proposed grant writer. Loso motioned to approve item d. with the stipulation that the Fire Department exercises due diligence by checking to see if utilizing LMC services would be cost effective versus hiring the grant writer that has been proposed; seconded by Schultz and passed unanimously. Kinetic, Jason Wood: Jason Wood from Kinetic provided the council with an update of campaign and fundraising efforts for the Community Center. Jason informed the council his intent is to hold one on one meetings with council members within the coming week. Municipal Dispensary: City Administrator David Murphy asked the council if they would be in favor of staff spending time researching municipal dispensaries. Murphy shared some of the caveats: • State law authorizes cities to operate municipal cannabis retail stores. • Cannabis is still illegal under federal law. • There is a working group of a few dozen cities in MN exploring the idea of a municipal dispensary. • The League of MN Cities has shared there are no known municipal dispensaries currently. • The League of MN Cities Insurance Board has not authorized coverage of municipal dispensaries due to the uncertain status of federal law. After discussion, the council gave staff authorization to continue following the MN cities who are exploring municipal dispensaries. Council also suggested staff work on an ordinance that would put a moratorium on dispensaries until January 1st, 2025. March 4th, 2024 Page 2 of 3 St. Joseph Township Fire Contract Amendment: City Administrator David Murphy shared that staff is looking for feedback from the council regarding the most recent draft of the contract. St. Joseph Township is also reviewing the most recent draft of the contract. The city attorney has reviewed and approved the contract based on form and content. The contract calls for a buyout of the township’s interest in equipment and property. If the city and township agree on the contract, it will be brought back at a future meeting for council action. Loso feels the operational costs for the city will increase and the city will need to plan accordingly. Loso, Kluesner and Beniek all agree that the contract length of 10 years may be a bit long. Lexipol Policy Subscription, St. Joseph Police Department: Police Chief Dwight Pfannenstein shared on February 6th of this year the MN Post board conducted an on-site audit. One of the talking points of the audit was that the current version of the police policy manual has references back to 2003. It was suggested that our policy manual be updated before the next audit in 3 years. The Lexipol subscription would keep up with changing state mandates without taking away staff time to research nor would we have the legal expense of having to utilize the city attorney. Additionally, Sartell, Waite Park and Stearns County subscribe to Lexipol, a subscription would provide policy consistency between departments as our officers provide mutual aid to those departments. Council and staff discussed funding for this year and next year. Finance Director Lori Bartlett informed the council that there are funds available for this year; next year the subscription will be added as a new line item. Schultz asked who would have access to the subscription. Pfannenstein replied there will be different user and admin levels. Kluesner made a motion to approve the Lexipol Policy Subscription; seconded by Beniek and passed unanimously. Promotion of Utility Worker: Public Works Director Ryan Wensmann informed the council that since the recent resignation of Randy Torborg, another vacancy became available in the utility department. Per the union contract, the position was posted internally. Mike Johnson, who has been a maintenance worker since 2003, was the only applicant for the position. Wensmann shared Johnson is fully qualified for the position and supports the promotion of Mike Johnson. Johnson’s promotion will create a second opening in the maintenance department. Seventeen applications were received for the maintenance worker position, both openings will be filled using the applications that have been received. Schultz made a motion to approve the promotion of Michael Johnson (MJ) to Utility Worker Position Grade 6, step 7 effective March 5th, 2024; seconded by Beniek and passed unanimously. Engineer Reports: City Engineer Randy Sabart provided the council an update on the County Road 133/Elm Street E Roundabout Improvement Project. Friday, March 1st Stearns County, and their consultant on the project shared the almost completed drawings which Sabart went over with the council. Sabart reminded the council the project is not slated to begin until after the CO RD 75 bridge project is completed. Department Reports: Community Development Director Nate Keller shared he is continuing to follow the many zoning and land use bills being addressed during the legislative session. Housing is a priority for the legislature this session. Keller will be creating a summary with potential impacts they may have and share it with the council. Wensmann asked the council for direction. He was asked by the Winterwalk Committee if they could leave the lights on the trees until next year and only remove the extension cords. The council’s consensus was to have the lights taken down. March 4th, 2024 Page 3 of 3 Mayor and Council Reports/Updates: Tracy Morrison and Tom Emmer’s office sent out the community funding project request. These are congressional spending dollars. We applied last year; it got promoted but did not get funded. Schulz would like to apply again this year to request funding for the sewer main extension. The League of MN Cities Day on the Hill is March 7th. Schultz is planning to meet with the legislators. Schultz spoke with CSB/SJU’s, President Bruess, Ph. D about the newly installed flashing crosswalk signage on CR 121. The student senate had funds available and worked with the County on getting the signage installed. Councilmember Beniek shared that she is looking forward to talking about the possibility of a CO RD 75 pedestrian bridge at an upcoming work session. She explained it is needed due to the rapidly growing businesses in that area of the city. Councilmember Loso asked if parking restrictions can be lifted until November 1st and suggested the winter parking ordinances be revised. Council and staff supported lifting the winter parking restrictions effective immediately. Adjourn: Kluesner made a motion to adjourn at 7:16PM; seconded by Beniek and passed unanimously. Kayla Klein City Clerk STAFF MEMO Prepared by: Debbie Kulzer Meeting Date: 3/18/24 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4b Reviewed by: Item: Bills Payables ACTION REQUESTED Approve the bills payables as presented. BOARD/COMMISSION/COMMITTEE RECOMMENDATION none PREVIOUS COUNCIL ACTION See below REFERENCE AND BACKGROUND The council approved staff to make the following payments through the payroll contracts, regular monthly invoices with due dates prior to the next scheduled council meeting, or actions taken at previous council meetings. The information here is to provide you all checks and electronic payments made for verification of the disbursement completeness. BUDGET IMPACT Bills Payable – Checks Mailed Prior to Council Approval Regular PP 5 $71,657.78 Payroll & Accounts Payable EFT #3295 - #3311 $129,372.60 Check Numbers #61641 - #61682 $92,924.67 __________________________________________________ Total $293,955.05 Bills Payable – Checks Awaiting Council Approval Check Numbers - #61683 -61689 $23,024.23 Total $23,024.23 Total Budget/Fiscal Impact: $316,979.28 Various Funds STAFF RECOMMENDED ACTION Approve the bills payables as presented. SUPPORTING DATA/ATTACHMENTS Bill listing by EFT, paid prior to council approval and awaiting to be paid upon council approval. GL Check Check Vendor Invoice Invoice Check Period Issue Date Number Number Payee Number GL Account Amount 45375 3/6/2024 ACH PAYROLL REG PP 5 VARIOUS 71,657.78$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - Fire 210-42220-210 556.85$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - Kayla 101-41410-210 466.25$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - Lori 101-41430-331 898.46$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - Nate 101-41910-300 668.00$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - PD 101-42120-171 783.70$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - Public Works 101-41941-210 1,225.30$ 24-Mar 3/7/2024 3295 108258 MAGNIFI FINANCIAL CREDIT CARD Jan 2024 STMT - Rhonda 101-45204-308 82.75$ 24-Mar 3/1/2024 3296 108294 MAGNIFY DEBIT CARD 03.01.24 602-49450-230 40.06$ 24-Mar 3/6/2024 3298 106468 AMERICAN FUNDS PR0301241 101-21705 150.00$ 24-Mar 3/6/2024 3299 1224 EFTPS PR0301241 101-21703 20,368.47$ 24-Mar 3/6/2024 3300 897 MN DEPARTMENT OF REVENUE PR0301241 101-21702 4,516.04$ 24-Mar 3/6/2024 3301 63 PERA PR0301241 101-21704 20,878.37$ 24-Mar 3/6/2024 3302 105209 SENTRY BANK PR0301241 101-21715 1,696.68$ 24-Mar 3/6/2024 3303 106189 VOYA FINANCIAL PR0301241 101-21705 1,775.00$ 24-Mar 3/6/2024 3304 108126 WEX PR0301241 101-21715 692.92$ 24-Mar 3/14/2024 3305 108269 FORTE PAYMENTS, INC.FEB 2024 FEES 101-41430-300 212.54$ 24-Mar 3/14/2024 3306 107068 MEDICA MARCH 2024 STMT 101-21706 38,182.58$ 24-Mar 3/14/2024 3307 897 MN DEPARTMENT OF REVENUE Feb-24 603-00000-31320 7,433.00$ 24-Mar 3/14/2024 3308 106563 PAYMENT SERVICE NETWORK FEB 2024 STMT 101-41530-300 381.90$ 24-Mar 3/14/2024 3309 106705 SPEEDWAY FEB 2024 STMT 602-49450-205 1,193.13$ 24-Mar 3/14/2024 3310 108126 WEX TORBORG VEBA 102-45202-110 22,651.80$ 24-Mar 3/14/2024 3311 100136 XCEL ENERGY 867057717 652-43160-386 4,518.80$ 24-Mar 3/7/2024 61641 1238 AFSCME COUNCIL 65 12 101-21707 732.00$ 24-Mar 3/7/2024 61642 108291 ALLIANCE BUILDING CORPORATIONOverpayment 02.13.24 601-00000-37115 303.21$ 24-Mar 3/7/2024 61643 104694 BADGER METER, INC 80151840 601-49430-300 567.85$ 24-Mar 3/7/2024 61644 105401 BEST-WAY FABRICATING, INC.27840 601-49421-220 452.00$ 24-Mar 3/7/2024 61645 2003 BRAUN INTERTEC ENGINEERING,IN B377383 205-45202-531 5,990.00$ 24-Mar 3/7/2024 61645 2003 BRAUN INTERTEC ENGINEERING,IN B377403 205-45202-531 1,880.00$ 24-Mar 3/7/2024 61646 106494 BRUNO PRESS 12 220-46500-300 750.00$ 24-Mar 3/7/2024 61647 1265 CINTAS CORPORATION NO. 2 Jan 24 STMT 101-41430-210 1,002.47$ 24-Mar 3/7/2024 61648 106408 CUSTOMIZED FIRE RESCUE TRAIN 2580 210-42240-443 500.00$ 24-Mar 3/7/2024 61649 106875 DTM FLEET SERVICE 1888 101-42152-230 127.50$ 24-Mar 3/7/2024 61650 378 EMERGENCY APPARATUS MAINT. I 130821 210-42260-230 387.11$ 24-Mar 3/7/2024 61650 378 EMERGENCY APPARATUS MAINT. I 130876 210-42260-230 458.59$ 24-Mar 3/7/2024 61651 108196 ENR UNLIMITED 2024 Subscription 101-41530-433 99.99$ 24-Mar 3/7/2024 61652 106994 FARM-RITE EQUIPMENT, INC.P79139 101-43125-230 65.17$ 24-Mar 3/7/2024 61653 342 FASTENAL COMPANY MNST1202798 110-45202-530 479.23$ 24-Mar 3/7/2024 61653 342 FASTENAL COMPANY MNST1202983 601-49421-220 132.14$ 24-Mar 3/7/2024 61653 342 FASTENAL COMPANY MNST1203135 601-49421-220 163.44$ 24-Mar 3/7/2024 61653 342 FASTENAL COMPANY MNST1203145 601-49421-220 30.29$ 24-Mar 3/7/2024 61654 1234 FASTSIGNS 282-98551 603-43230-210 582.00$ 24-Mar 3/7/2024 61655 592 GALLS, INC 26680112 210-42220-580 15.00$ 24-Mar 3/7/2024 61655 592 GALLS, INC 26825640 210-42220-580 152.99$ 24-Mar 3/7/2024 61655 592 GALLS, INC 26958331 210-42220-580 5.59$ 24-Mar 3/7/2024 61655 592 GALLS, INC 27052900 101-42120-171 (10.00)$ 24-Mar 3/7/2024 61656 108293 IAMRESPONDING.COM 23-11862 210-42240-433 735.00$ 24-Mar 3/7/2024 61657 108265 KENNEDY & GRAVEN, CHARTERED 01.31.24 101-41610-304 152.00$ 24-Mar 3/7/2024 61657 108265 KENNEDY & GRAVEN, CHARTERED 01.31.24 (2)603-43230-304 142.50$ 24-Mar 3/7/2024 61658 108160 KINETIC 16257 110-45205-300 17,500.00$ 24-Mar 3/7/2024 61659 1145 LAW ENFORCEMENT LABOR SERVIC 12 101-21707 775.50$ 24-Mar 3/7/2024 61660 1 LEES ACE HARDWARE JAN 2024 STMT 210-42220-210 35.96$ 24-Mar 3/7/2024 61661 172 MARCO BUSINESS PRODUCTS INV12169119 101-41942-220 840.00$ 24-Mar 3/7/2024 61662 105921 MARCO, INC 522643659 101-41430-410 453.47$ 24-Mar 3/7/2024 61663 107058 METERING & TECHNOLOGY SOLUT INV4272 601-49430-210 1,015.23$ 24-Mar 3/7/2024 61663 107058 METERING & TECHNOLOGY SOLUT INV4470 601-49430-210 810.86$ 24-Mar 3/7/2024 61664 105417 MIDCONTINENT COMMUNICATION 1.57323E+13 101-42151-320 20.00$ 24-Mar 3/7/2024 61665 108185 MIMBACH FEB 24 STMT 101-45202-230 100.77$ 24-Mar 3/7/2024 61666 460 MINNESOTA COMPUTER SYSTEMS,391515 210-42210-200 91.70$ 24-Mar 3/7/2024 61667 1078 MN DEPARTMENT OF HEALTH 2024 - 1ST QTR MDS FEE 601-49440-444 4,502.00$ 24-Mar 3/7/2024 61668 1616 MVTL LABORATORIES, INC 1240546 602-49480-312 551.50$ 24-Mar 3/7/2024 61669 1237 NORTH CENTRAL BUS & EQUIPMEN 1212 602-49450-550 1,433.95$ 24-Mar 3/7/2024 61669 1237 NORTH CENTRAL BUS & EQUIPMEN 1234 602-49450-550 143.82$ 24-Mar 3/7/2024 61669 1237 NORTH CENTRAL BUS & EQUIPMEN 801615 602-49450-550 40,820.00$ 24-Mar 3/7/2024 61670 104602 NORTH STAR SIGNS & ENGRAVING 26601 101-45202-230 405.00$ 24-Mar 3/7/2024 61671 106764 O REILLY AUTO PARTS 5771-324990 101-43125-230 170.17$ 24-Mar 3/7/2024 61671 106764 O REILLY AUTO PARTS 5771-325302 101-43125-230 (22.00)$ 24-Mar 3/7/2024 61671 106764 O REILLY AUTO PARTS 5771-325510 101-45202-230 7.92$ 24-Mar 3/7/2024 61672 103475 POWERHOUSE OUTDOOR EQUIP 692515 101-45202-210 117.99$ 24-Mar 3/7/2024 61673 103727 SCHWIETERS CHEV-COLD SPRING 458344 101-43120-230 598.13$ 24-Mar 3/7/2024 61673 103727 SCHWIETERS CHEV-COLD SPRING 458501 602-49450-230 536.25$ 24-Mar 3/7/2024 61673 103727 SCHWIETERS CHEV-COLD SPRING 458774 101-43120-230 (598.13)$ 24-Mar 3/7/2024 61674 105286 SCR W96533 101-41942-220 328.75$ 24-Mar 3/7/2024 61675 105615 SHIFT TECHNOLOGIES, INC.12159 101-41710-310 108.00$ 24-Mar 3/7/2024 61676 108095 SNAP-ON INDUSTRIAL ARV / 60353376 109-43201-580 90.46$ 24-Mar 3/7/2024 61677 107028 SPECTRUM SUPPLY 49798 210-42220-220 332.66$ 24-Mar 3/7/2024 61678 107340 THE BRIDGE-WORLD LANGUAGE CT 30033 101-42120-300 280.00$ 24-Mar 3/7/2024 61679 2022 UNUM LIFE INSURANCE Mar-24 101-21713 2,170.10$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI120437 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI120438 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI17409 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI17533 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI18142 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI18734 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI19464 101-45202-300 179.00$ 24-Mar 3/7/2024 61680 106268 WRUCK SEWER & PORTABLE RENTAI19712 101-45202-300 179.00$ 24-Mar 3/7/2024 61681 1457 ZARNOTH BRUSH WORKS INC 0197019-IN 101-43125-210 935.90$ 24-Mar 3/7/2024 61682 178 POSTMASTER MARCH 2024 UB NEWSLETTER, 101-45204-201 1,040.64$ 24-Mar 3/14/2024 61683 105553 CIVICPLUS 293831 109-41430-582 6,011.60$ 24-Mar 3/14/2024 61684 107854 FUNFLICKS, INC.24584537 215-45204-308 1,086.89$ 24-Mar 3/14/2024 61685 103063 INSPECTRON INC 1191 101-42401-300 8,500.00$ 24-Mar 3/14/2024 61686 105683 JOVANOVICH, DEGE & ATHMANN 28073 419-43120-530 1,012.50$ 24-Mar 3/14/2024 61687 105615 SHIFT TECHNOLOGIES, INC.12190 101-41710-310 252.00$ 24-Mar 3/14/2024 61688 103423 STEARNS COUNTY AUDITOR-TREAS 2024-00000065 101-41530-300 884.00$ 24-Mar 3/14/2024 61689 82 ST. CLOUD AREA PLANNING ORG.2024 - 1st Half Assesment 101-41110-433 5,277.24$ Payroll $71,657.78 Accounts Payable & Payroll EFT $129,372.60 Check #'s $92,924.67 Council Approval Checks $23,024.23 STAFF MEMO Prepared by: Lori Bartlett Meeting Date: 3-18-24 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4c Reviewed by: Item: February Treasurer’s Report ACTION REQUESTED Consider acceptance of the treasurer’s reports through February 2024. BOARD/COMMISSION/COMMITTEE RECOMMENDATION none PREVIOUS COUNCIL ACTION none REFERENCE AND BACKGROUND Cash/investment presented as February 29, 2024. Budget to actual reports attached for Council review. The data is operational in nature. Some of the activity is for 2023 activity. The 2023 activity will be reversed out after the audit is completed later this spring. The cash and investment balance decreased $883,676 since the beginning of the year. The first six months the city will spend down the cash and investments. There will be some activity of cash receipting, but the largest receipts for the tax settlements will be received in June and July. The budget carryover from 2023 will provide the working capital to cover the cash flows until taxes and state aids are received. Investments earnings average 3.96% interest rate with an average maturity of 27 months. The General fund spent 17% of the expenditure budget and received 4% of the revenue budget at the end of February. The Enterprise funds spent 7% (less depreciation) and received 16% of the revenue budget. BUDGET IMPACT Information only STAFF RECOMMENDED ACTION Accept the treasurer’s reports through February 2024. SUPPORTING DATA/ATTACHMENTS Financial Statement – Cash Allocation Financial Statements – General Fund Financial Statements - Enterprise Funds CITY OF ST JOSEPH COMBINED CASH INVESTMENT FEBRUARY 29, 2024 COMBINED CASH ACCOUNTS 001-10100GENERAL CHECKING24,280,965.57 TOTAL COMBINED CASH24,280,965.57 001-10199CASH ALLOCATED TO OTHER FUNDS( 24,280,965.57) TOTAL UNALLOCATED CASH.00 CASH ALLOCATION RECONCILIATION 101ALLOCATION TO GENERAL FUND2,564,593.13 102ALLOCATION TO EMPLOYEE RETIREMENT RESERVE393,755.87 104ALLOCATION TO ARPA COVID-19 GRANT185,581.54 106ALLOCATION TO PUBLIC SAFETY AID312,930.00 108ALLOCATION TO CABLE PEG ACCESS FEE16,157.94 109ALLOCATION TO GENERAL CAPITAL OUTLAY619,007.76 110ALLOCATION TO DEBT SERVICE RELIEF90,320.10 200ALLOCATION TO ST CLOUD AREA LOCAL SALES TAX1,386,671.83 205ALLOCATION TO PARK DEDICATION FEES444,938.27 210ALLOCATION TO FIRE DEPARTMENT573,172.64 215ALLOCATION TO CHARITABLE GAMBLING2,120.55 220ALLOCATION TO CVB21,850.42 225ALLOCATION TO DEED CDAP HOUSING GRANTS56,313.13 250ALLOCATION TO EDA65,081.62 251ALLOCATION TO REVOLVING LOAN FUND492,403.08 253ALLOCATION TO TIF 4-1 FORTITUDE SENIOR APTS29,784.79 257ALLOCATION TO TIF 2-1 MILLSTREAM SHOPS LOFTS43,392.63 259ALLOCATION TO TIF 2-3 BAYOU BLUES ALLEY FLAT3,138.15 301ALLOCATION TO 2016 CIP BONDS \[GOVT CENTER\]151,042.64 302ALLOCATION TO 2022A GO ABATE BONDS\[COMMCTR1\]532,770.87 304ALLOCATION TO 2016 IMP BONDS \[FIELD ST\]194,654.13 305ALLOCATION TO 2017B IMP BONDS \[CBD ALLEYS\]5,047.10 306ALLOCATION TO 2018 EQUIPMENT CERTIFICATES1,035.08 307ALLOCATION TO 2019A IMP BONDS \[OVERLAYS\]220,806.29 308ALLOCATION TO 2019A IMP BONDS \[IND PARK\]1,059,873.84 309ALLOCATION TO 2020A EQUIPMENT CERTIFICATES( 1,488.77) 310ALLOCATION TO 2020B IMP BONDS \[20TH AVE SE\]65,128.39 311ALLOCATION TO 2021 IMP BOND \[MN ST/OVERLAYS\]87,000.98 312ALLOCATION TO 2020B CIP BONDS \[SHOP 3\]4,215.12 313ALLOCATION TO 2020B REFUND BONDS \[2013 ST\]19,293.04 314ALLOCATION TO 2020C CO REFUND \['14 PARK TER\]3,418.32 315ALLOCATION TO 2022 IMP BONDS \[OVERLAYS\]50,520.71 316ALLOCATION TO 2022A EQUIP CERT \[FD TRUCK\]21,220.78 317ALLOCATION TO 2023A IMP \[OVERLAY/ELM ST ROW\]62,278.36 318ALLOCATION TO 2023A EQUIP CERT \[GEN EQ\]11,842.16 319ALLOCATION TO 2024 IMP BONDS \[OVERLAY/ELM ST( 1.23) 402ALLOCATION TO COMMUNITY CENTER PHASE I6,351,776.32 410ALLOCATION TO 2020 20TH AVE WATERMAIN LOOP386,008.76 411ALLOCATION TO 2021 MN/ALLEY/18/20/NORTHLAND574,870.43 415ALLOCATION TO 2022 ST IMP \[GV,17TH,18TH,1ST\]43,357.70 417ALLOCATION TO 2023 ST IMP/'24 ELM ST ROW ACQ1,134,612.58 418ALLOCATION TO 2023 EQUIP CERTIFICATES151,713.21 419ALLOCATION TO FUND 4194,406.39 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:33AM PAGE: 1 CITY OF ST JOSEPH COMBINED CASH INVESTMENT FEBRUARY 29, 2024 501ALLOCATION TO WAC/WATER TRUNK FEES374,132.30 502ALLOCATION TO SAC/SEWER TRUNK FEES37,751.00 601ALLOCATION TO WATER FUND1,554,812.26 602ALLOCATION TO SEWER FUND3,016,701.64 603ALLOCATION TO REFUSE/RECYCLING/COMPOST212,289.57 651ALLOCATION TO STORM WATER UTILITY526,978.54 652ALLOCATION TO STREET LIGHT UTILITY121,683.61 TOTAL ALLOCATIONS TO OTHER FUNDS24,280,965.57 ALLOCATION FROM COMBINED CASH FUND - 001-10199( 24,280,965.57) ZERO PROOF IF ALLOCATIONS BALANCE.00 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:33AM PAGE: 2 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 101 - GENERAL FUND ASSETS 101-10199CASH2,564,593.13 101-10200PETTY CASH200.00 101-10450INTEREST RECEIVABLE24,780.60 101-10500ACCOUNTS RECEIVABLE( 2,333.34) 101-10550DUE FROM OTHER GOV UNITS19,423.24 101-10700TAXES RECEIVABLE - DELINQUENT9,995.20 101-12100SPECIAL ASSESSMENTS RECEIVABLE1,775.54 TOTAL ASSETS2,618,434.37 LIABILITIES AND EQUITY LIABILITIES 101-20200ACCOUNTS PAYABLE7,849.93 101-21704PERA21.57 101-21706MEDICAL/DENTAL INSURANCE( 9,256.31) 101-21707FEDERATION DUES( 257.75) 101-21711LIFE INSURANCE76.95 101-21712FIRE DEPT LUNCH LIABILITY3,925.06 101-21713DISABILITY INSURANCE( 2,318.75) 101-21716FLEX- DEPENDENT CARE REIMB2,833.28 101-22200UNEARNED REVENUE1,911.90 101-22204DEFERRED INFLOW OF RESOURCES11,770.74 TOTAL LIABILITIES16,556.62 FUND EQUITY 101-25310UNASSIGNED FUND BALANCE3,104,804.32 REVENUE OVER EXPENDITURES - YTD( 502,926.57) TOTAL FUND EQUITY2,601,877.75 TOTAL LIABILITIES AND EQUITY2,618,434.37 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 102 - EMPLOYEE RETIREMENT RESERVE ASSETS 102-10199CASH393,755.87 102-10550DFOGU15.17 TOTAL ASSETS393,771.04 LIABILITIES AND EQUITY FUND EQUITY 102-25310UNASSIGNED FUND BALANCE393,755.87 REVENUE OVER EXPENDITURES - YTD15.17 TOTAL FUND EQUITY393,771.04 TOTAL LIABILITIES AND EQUITY393,771.04 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 104 - ARPA COVID-19 GRANT ASSETS 104-10199CASH185,581.54 TOTAL ASSETS185,581.54 LIABILITIES AND EQUITY FUND EQUITY 104-25310UNASSIGNED FUND BALANCE185,581.54 TOTAL FUND EQUITY185,581.54 TOTAL LIABILITIES AND EQUITY185,581.54 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 106 - PUBLIC SAFETY AID ASSETS 106-10199CASH312,930.00 TOTAL ASSETS312,930.00 LIABILITIES AND EQUITY FUND EQUITY 106-25310UNASSIGNED FUND BALANCE312,930.00 TOTAL FUND EQUITY312,930.00 TOTAL LIABILITIES AND EQUITY312,930.00 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 108 - CABLE PEG ACCESS FEE ASSETS 108-10199CASH16,157.94 TOTAL ASSETS16,157.94 LIABILITIES AND EQUITY FUND EQUITY 108-25310UNASSIGNED FUND BALANCE15,553.02 REVENUE OVER EXPENDITURES - YTD604.92 TOTAL FUND EQUITY16,157.94 TOTAL LIABILITIES AND EQUITY16,157.94 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 109 - GENERAL CAPITAL OUTLAY ASSETS 109-10199CASH619,007.76 109-10550DUE FROM OTHER GOV T UNITS747.10 TOTAL ASSETS619,754.86 LIABILITIES AND EQUITY LIABILITIES 109-20200ACCOUNTS PAYABLE90.46 TOTAL LIABILITIES90.46 FUND EQUITY 109-25310UNASSIGNED FUND BALANCE629,393.66 REVENUE OVER EXPENDITURES - YTD( 9,729.26) TOTAL FUND EQUITY619,664.40 TOTAL LIABILITIES AND EQUITY619,754.86 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 110 - DEBT SERVICE RELIEF ASSETS 110-10199CASH90,320.10 110-10550DUE FROM OTHER GOV T UNITS244.42 110-10600PREPAIDS17,500.00 110-10700TAXES RECEIVABLE - DELINQUENT255.04 110-12100SPECIAL ASSESSMENTS RECEIVABLE244,716.13 TOTAL ASSETS353,035.69 LIABILITIES AND EQUITY LIABILITIES 110-20200ACCOUNTS PAYABLE479.23 110-22204DEFERRED INFLOW OF RESOURCES244,971.17 TOTAL LIABILITIES245,450.40 FUND EQUITY 110-25310UNASSIGNED FUND BALANCE160,048.53 REVENUE OVER EXPENDITURES - YTD( 52,463.24) TOTAL FUND EQUITY107,585.29 TOTAL LIABILITIES AND EQUITY353,035.69 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 GENERAL FUND PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE COUNCIL( 897.99)( 1,597.99)( 8,680.00)( 7,082.01)( 18.4) ORDINANCE & PROCEEDINGS.00.00( 3,000.00)( 3,000.00).0 MAYOR( 253.00)( 253.00)( 2,570.00)( 2,317.00)( 9.8) ELECTIONS.00.00( 400.00)( 400.00).0 GENERAL ADMINSTRATION28,746.8481,449.764,357,740.004,276,290.241.9 FINANCE( 325.05)( 1,181.45)( 17,980.00)( 16,798.55)( 6.6) CITY ATTORNEY( 90.00)( 90.00)( 20,000.00)( 19,910.00)( .5) INFORMATION TECHNOLOGY( 672.50)( 1,325.50)( 15,250.00)( 13,924.50)( 8.7) PLANNING AND ZONING( 390.91)( 390.91)( 6,005.00)( 5,614.09)( 6.5) GENERAL GOVERNMENT( 4,636.57)( 4,636.57)( 2,730.00)1,906.57(169.8) GOVERNMENT CENTER( 9,853.45)( 9,853.45)( 39,625.00)( 29,771.55)( 24.9) CABLE COMMISSION.00.00( 175.00)( 175.00).0 POLICE SERVICES( 43,885.56)( 39,440.38)79,810.00119,250.38( 49.4) POLICE TRAINING( 1,860.00)( 1,860.00)( 5,000.00)( 3,140.00)( 37.2) PD COMMUNICATION SERVICE( 1,000.09)( 1,217.86)( 16,095.00)( 14,877.14)( 7.6) BUILDING INSPECTIONS.00( 604.36)( 2,940.00)( 2,335.64)( 20.6) EMERGENCY MANAGEMENT( 8.89)( 8.89)( 1,505.00)( 1,496.11)( .6) STREET MAINTANENCE( 8,376.75)49,041.57114,420.0065,378.4342.9 ENGINEERING SERVICES( 4,834.60)( 4,834.60)( 40,000.00)( 35,165.40)( 12.1) MAINTENANCE SHOPS( 2,946.05)( 3,296.60)( 28,180.00)( 24,883.40)( 11.7) SKATE PARK AND ICE RINK( 102.03)( 102.03)( 1,475.00)( 1,372.97)( 6.9) BASEBALL PARK.00.001,390.001,390.00.0 PARK AREAS( 13,142.84)7,620.98( 13,370.00)( 20,990.98)57.0 RECREATION1,466.01( 45.24)( 12,520.00)( 12,474.76)( .4) OTHER FINANCING SOURCES.002,370.00.00( 2,370.00).0 63,063.43)69,743.484,315,860.004,246,116.521.6 EXPENDITURES COUNCIL17,254.4519,961.9175,745.0055,783.0926.4 LEGISLATIVE COMMITTEES.00.004,920.004,920.00.0 ORDINANCE & PROCEEDINGS.00.003,000.003,000.00.0 MAYOR944.931,636.8612,025.0010,388.1413.6 ELECTIONS158.82158.8238,900.0038,741.18.4 GENERAL ADMINSTRATION4,196.53( 13,044.47)( 3,914,655.00)( 3,901,610.53)( .3) FINANCE20,522.3744,990.10302,640.00257,649.9014.9 AUDIT SERVICES8,000.008,000.0036,600.0028,600.0021.9 COUNTY ASSESSOR.00.0028,750.0028,750.00.0 CITY ATTORNEY90.0090.0020,000.0019,910.00.5 INFORMATION TECHNOLOGY672.501,325.5016,250.0014,924.508.2 PLANNING AND ZONING8,242.7416,317.88181,565.00165,247.129.0 GENERAL GOVERNMENT6,275.279,572.8014,585.005,012.2065.6 GOVERNMENT CENTER14,666.2915,573.4167,625.0052,051.5923.0 CABLE COMMISSION231.29462.584,760.004,297.429.7 POLICE SERVICES172,794.50315,936.361,951,995.001,636,058.6416.2 POLICE TRAINING4,995.006,075.0017,500.0011,425.0034.7 PD COMMUNICATION SERVICE1,000.091,217.8616,945.0015,727.147.2 PD AUTOMOTIVE SERVICES2,940.052,975.0469,835.0066,859.964.3 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 1 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 GENERAL FUND PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT BUILDING INSPECTIONS8,500.009,104.36115,225.00106,120.647.9 EMERGENCY MANAGEMENT8.891,278.893,455.002,176.1137.0 STREET MAINTANENCE29,919.08( 3,399.69)187,265.00190,664.69( 1.8) ICE & SNOW REMOVAL7,249.2016,226.17208,740.00192,513.837.8 ENGINEERING SERVICES4,834.604,834.6040,000.0035,165.4012.1 MAINTENANCE SHOPS4,446.935,175.7839,980.0034,804.2213.0 STREET SWEEPING24.72309.8025,400.0025,090.201.2 SKATE PARK AND ICE RINK102.03177.3911,730.0011,552.611.5 BASEBALL PARK.00.002,610.002,610.00.0 PARK AREAS37,183.5835,104.43340,215.00305,110.5710.3 RECREATION1,230.765,235.1976,395.0071,159.816.9 OTHER FINANCING SOURCES.00( 2,370.00).002,370.00.0 356,484.62502,926.57.00( 502,926.57).0 419,548.05)( 433,183.09)4,315,860.004,749,043.09( 10.0) FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 2 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 EMPLOYEE RETIREMENT RESERVE PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE GENERAL ADMINSTRATION.0015.1714,590.0014,574.83.1 OTHER FINANCING SOURCES.00.005,995.005,995.00.0 0015.1720,585.0020,569.83.1 EXPENDITURES GENERAL ADMINSTRATION.00( 15.17)( 14,590.00)( 14,574.83)( .1) OTHER FINANCING SOURCES.00.00( 5,995.00)( 5,995.00).0 00( 15.17)( 20,585.00)( 20,569.83)( .1) 0030.3441,170.0041,139.66.1 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 3 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 ARPA COVID-19 GRANT PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE EXPENDITURES POLICE SERVICES.00.0038,000.0038,000.00.0 PARK AREAS.00.00150,000.00150,000.00.0 00.00188,000.00188,000.00.0 00.00( 188,000.00)( 188,000.00).0 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 4 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 PUBLIC SAFETY AID PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE EXPENDITURES POLICE SERVICES.00.00197,921.00197,921.00.0 FIRE SERVICES.00.0040,000.0040,000.00.0 00.00237,921.00237,921.00.0 00.00( 237,921.00)( 237,921.00).0 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 5 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 CABLE PEG ACCESS FEE PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE CABLE PEG ACCESS FEE189.22604.925,760.005,155.0810.5 189.22604.925,760.005,155.0810.5 EXPENDITURES CABLE PEG ACCESS FEE( 189.22)( 604.92).00604.92.0 189.22)( 604.92).00604.92.0 378.441,209.845,760.004,550.1621.0 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 6 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 GENERAL CAPITAL OUTLAY PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE GENERAL ADMINISTRATION.00747.1088,070.0087,322.90.9 OTHER FINANCING SOURCES3,500.003,500.0019,000.0015,500.0018.4 3,500.004,247.10107,070.00102,822.904.0 EXPENDITURES GENERAL ADMINISTRATION.00( 747.10)( 78,370.00)( 77,622.90)( 1.0) POLICE SERVICES.00.009,675.009,675.00.0 POLICE COMMUNICATIONS.00.005,200.005,200.00.0 POLICE VEHICLES.00.0012,095.0012,095.00.0 EMERGENCY MANAGEMENT.00.001,500.001,500.00.0 STREET MAINTENANCE.00.003,700.003,700.00.0 ICE & SNOW REMOVAL.00.0029,250.0029,250.00.0 MAINTENANCE SHOPS430.441,076.365,000.003,923.6421.5 STREET SWEEPING.00.005,000.005,000.00.0 PARK AREAS12,900.0012,900.0025,950.0013,050.0049.7 OTHER FINANCING SOURCES( 3,500.00)( 3,500.00)( 19,000.00)( 15,500.00)( 18.4) 9,830.449,729.26.00( 9,729.26).0 6,330.44)( 5,482.16)107,070.00112,552.16( 5.1) FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:34AM PAGE: 7 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 DEBT SERVICE RELIEF PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE GENERAL ADMINISTRATION.00.0080,000.0080,000.00.0 STREET MAINTENANCE.00244.425,500.005,255.584.4 00244.4285,500.0085,255.58.3 EXPENDITURES GENERAL ADMINISTRATION.0010,000.00( 60,000.00)( 70,000.00)16.7 GOVERNMENT CENTER.00.002,000.002,000.00.0 POLICE SERVICES.00.002,000.002,000.00.0 STREET MAINTENANCE.00( 244.42)( 3,500.00)( 3,255.58)( 7.0) MAINTENANCE SHOPS3,721.237,228.4310,000.002,771.5772.3 PARK AREAS479.23479.2322,000.0021,520.772.2 COMMUNITY CENTER17,500.0035,000.00.00( 35,000.00).0 OTHER FINANCING USES.00.00111,350.00111,350.00.0 21,700.4652,463.2483,850.0031,386.7662.6 3164. 21,700.46)( 52,218.82)1,650.0053,868.82 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:35AM PAGE: 8 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 601 - WATER FUND ASSETS 601-10199CASH1,554,812.26 601-10450INTEREST RECEIVABLE13,069.21 601-10500ACCOUNTS RECEIVABLE158,862.75 601-10650INVENTORY31,154.70 601-10700TAXES RECEIVABLE - DELINQUENT4.24 601-12100SPECIAL ASSESSMENTS RECEIVABLE25,712.37 601-12150DELINQUENT SPECIAL ASSMT542.13 601-16100LAND372,941.34 601-16200BUILDING7,502,432.35 601-16210ACCUMULATED DEPR. BUILDING( 2,909,794.20) 601-16300TREATMENT PLANT & LINE11,568,988.84 601-16305IMPROVEMENTS NOT BUILDINGS289,760.34 601-16310ACCUMULATED DEPR. PLANT & LINE( 4,136,586.41) 601-16315ACCUM DEPN - IMPROVE NOT BLDGS( 72,440.10) 601-16400MACHINERY & EQUIPMENT270,129.17 601-16410ACCUMULATED DEPR. MACH & EQUIP( 231,397.77) 601-16500CONSTRUCTION IN PROGRESS114,548.92 601-17100DEFERRED OUTFLOWS OF RESOURCES66,397.00 TOTAL ASSETS14,619,137.14 LIABILITIES AND EQUITY LIABILITIES 601-20200ACCOUNTS PAYABLE2,913.64 601-20300INTEREST PAYABLE402.00 601-22204DEFERRED INFLOW OF RESOURCES87,064.37 601-22500BONDS PAYABLE -CURRENT PORTION535,000.00 601-22530REVENUE BONDS PAYABLE1,115,000.00 601-22840NET PENSION LIABILITY85,345.00 601-23200UNAMORTIZED BOND PREMIUM89,348.00 TOTAL LIABILITIES1,915,073.01 FUND EQUITY 601-24413DESIGN. FD BAL - CAPITAL195,080.71 601-25310UNASSIGNED FUND BALANCE4,664,947.21 601-26100CONTRIB. FROM DEVELOPERS1,488,015.21 601-26140CONTRIB. FROM CAPITAL FUNDS6,274,374.51 REVENUE OVER EXPENDITURES - YTD81,646.49 TOTAL FUND EQUITY12,704,064.13 TOTAL LIABILITIES AND EQUITY14,619,137.14 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 602 - SEWER FUND ASSETS 602-10199CASH3,016,701.64 602-10450INTEREST RECEIVABLE19,340.12 602-10500ACCOUNTS RECEIVABLE252,768.51 602-12100SPECIAL ASSESSMENTS RECEIVABLE139.58 602-12150DELINQUENT SPECIAL ASSMT574.46 602-16100LAND4,940.50 602-16200BUILDING1,295,253.80 602-16210ACCUMULATED DEPR. BUILDING( 343,165.86) 602-16300TREATMENT PLANT & LINE9,858,368.89 602-16310ACCUMULATED DEPR. PLANT & LINE( 3,159,051.27) 602-16320INTANGIBLE ASSETS10,201,597.10 602-16330ACCUMULATED DEPR. INTANGIBLES( 3,361,354.19) 602-16400MACHINERY & EQUIPMENT661,250.56 602-16410ACCUMULATED DEPR. MACH & EQUIP( 543,870.38) 602-16500CONSTRUCTION IN PROGRESS113,944.09 602-17100DEFERRED OUTFLOWS OF RESOURCES63,255.00 TOTAL ASSETS18,080,692.55 LIABILITIES AND EQUITY LIABILITIES 602-20200ACCOUNTS PAYABLE43,332.40 602-20300INTEREST PAYABLE24,260.00 602-22200UNEARNED REVENUE1,449,288.00 602-22204DEFERRED INFLOW OF RESOURCES82,566.00 602-22500BONDS PAYABLE -CURRENT PORTION130,000.00 602-22510NOTES PAYABLE -CURRENT PORTION346,700.00 602-22530REVENUE BONDS PAYABLE540,000.00 602-22540NONCURRENT NOTES PAYABLE2,444,470.00 602-22840NET PENSION LIABILITY81,307.00 602-23200UNAMORTIZED BOND PREMIUM31,126.00 TOTAL LIABILITIES5,173,049.40 FUND EQUITY 602-24413DESIGN. FD BAL - CAPITAL1,709,683.04 602-25310UNASSIGNED FUND BALANCE3,063,141.83 602-26120CONTRIB. FROM DEVELOPERS1,735,533.93 602-26140CONTRIB. FROM CAPITAL FUNDS6,175,811.80 REVENUE OVER EXPENDITURES - YTD223,472.55 TOTAL FUND EQUITY12,907,643.15 TOTAL LIABILITIES AND EQUITY18,080,692.55 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 603 - REFUSE/RECYCLING/COMPOST ASSETS 603-10199CASH212,289.57 603-10450INTEREST RECEIVABLE1,251.84 603-10500ACCOUNTS RECEIVABLE84,266.50 603-12100SPECIAL ASSESSMENTS RECEIVABLE126.15 603-12150DELINQUENT SPECIAL ASSMT266.29 603-16400MACHINERY & EQUIPMENT46,416.17 603-16410ACCUMULATED DEPR. MACH & EQUIP( 46,186.45) 603-17100DEFERRED OUTFLOWS OF RESOURCES4,681.00 TOTAL ASSETS303,111.07 LIABILITIES AND EQUITY LIABILITIES 603-20200ACCOUNTS PAYABLE730.88 603-22204DEFERRED INFLOW OF RESOURCES5,629.00 603-22840NET PENSION LIABILITY6,017.00 TOTAL LIABILITIES12,376.88 FUND EQUITY 603-24413DESIGN. FD BAL - CAPITAL22,831.77 603-25310UNASSIGNED FUND BALANCE176,599.45 603-26140CONTRIB. FROM CAPITAL FUNDS42,015.46 REVENUE OVER EXPENDITURES - YTD49,287.51 TOTAL FUND EQUITY290,734.19 TOTAL LIABILITIES AND EQUITY303,111.07 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 651 - STORM WATER UTILITY ASSETS 651-10199CASH526,978.54 651-10450INTEREST RECEIVABLE2,838.93 651-10500ACCOUNTS RECEIVABLE35,420.25 651-12100SPECIAL ASSESSMENTS RECEIVABLE9,365.82 651-12150DELINQUENT SPECIAL ASSMT72.46 651-16300TREATMENT PLANT & LINE7,033,409.96 651-16310ACCUMULATED DEPR. PLANT & LINE( 2,005,091.05) 651-16320INTANGIBLE ASSETS67,914.92 651-16400MACHINERY & EQUIPMENT172,801.06 651-16410ACCUMULATED DEPR. MACH & EQUIP( 74,533.64) 651-16500CONSTRUCTION IN PROGRESS57,801.72 651-17100DEFERRED OUTFLOWS OF RESOURCES10,410.00 TOTAL ASSETS5,837,388.97 LIABILITIES AND EQUITY LIABILITIES 651-20200ACCOUNTS PAYABLE7.05 651-22204DEFERRED INFLOW OF RESOURCES12,517.00 651-22840NET PENSION LIABILITY13,381.00 TOTAL LIABILITIES25,905.05 FUND EQUITY 651-24413DESIGN. FD BAL - CAPITAL30,037.40 651-25310UNASSIGNED FUND BALANCE2,758,993.65 651-26100CONTRIB. FROM DEVELOPERS505,905.98 651-26140CONTRIB. FROM CAPITAL FUNDS2,485,282.70 REVENUE OVER EXPENDITURES - YTD31,264.19 TOTAL FUND EQUITY5,811,483.92 TOTAL LIABILITIES AND EQUITY5,837,388.97 CITYOFSTJOSEPH BALANCESHEET FEBRUARY 29, 2024 FUND 652 - STREET LIGHT UTILITY ASSETS 652-10199CASH121,683.61 652-10450INTEREST RECEIVABLE741.53 652-10500ACCOUNTS RECEIVABLE14,315.78 652-12100SPECIAL ASSESSMENTS RECEIVABLE14.23 652-12150DELINQUENT SPECIAL ASSMT32.36 652-17100DEFERRED OUTFLOWS OF RESOURCES2,341.00 TOTAL ASSETS139,128.51 LIABILITIES AND EQUITY LIABILITIES 652-22204DEFERRED INFLOW OF RESOURCES2,814.00 652-22840NET PENSION LIABILITY3,009.00 TOTAL LIABILITIES5,823.00 FUND EQUITY 652-24413DESIGN. FD BAL - CAPITAL68,167.25 652-25310UNASSIGNED FUND BALANCE58,978.60 REVENUE OVER EXPENDITURES - YTD6,159.66 TOTAL FUND EQUITY133,305.51 TOTAL LIABILITIES AND EQUITY139,128.51 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 WATER FUND PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE UTILITIES REVENUE164,600.99176,705.481,439,845.001,263,139.5212.3 POWER AND PUMPING( 387.27)( 387.27)( 3,190.00)( 2,802.73)( 12.1) PURIFICATION-PLANT 1( 1,825.30)( 2,175.85)( 22,755.00)( 20,579.15)( 9.6) PURIFICATION-PLANT 2( 4,446.54)( 4,882.09)( 61,710.00)( 56,827.91)( 7.9) WELLHEAD PROTECTION.00.00( 10,000.00)( 10,000.00).0 STORAGE-TOWER 1( 691.24)( 1,006.79)( 5,670.00)( 4,663.21)( 17.8) WATER MAINTENANCE( 25,463.57)( 25,463.57)( 29,430.00)( 3,966.43)( 86.5) WATER GENERAL ADMINISTRATION.00( 604.36)( 5,050.00)( 4,445.64)( 12.0) 131,787.07142,185.551,302,040.001,159,854.4510.9 EXPENDITURES UTILITIES REVENUE( 164,600.99)( 176,705.48)( 1,439,845.00)( 1,263,139.52)( 12.3) BOND PAYMENT (P & I).00.00597,520.00597,520.00.0 OTHER FINANCING USES.00.005,460.005,460.00.0 POWER AND PUMPING387.27387.2743,190.0042,802.73.9 PURIFICATION-PLANT 14,282.015,131.56100,655.0095,523.445.1 PURIFICATION-PLANT 27,954.458,960.30176,010.00167,049.705.1 DISTRIBUTION7,233.877,971.1633,720.0025,748.8423.6 WELLHEAD PROTECTION.00.0010,000.0010,000.00.0 STORAGE-TOWER 1691.241,006.7933,470.0032,463.213.0 WATER MAINTENANCE47,781.7067,292.48566,900.00499,607.5211.9 WATER GENERAL ADMINISTRATION1,861.334,309.4344,685.0040,375.579.6 DEPRECIATION EXPENSE.00.00465,000.00465,000.00.0 94,409.12)( 81,646.49)636,765.00718,411.49( 12.8) 226,196.19223,832.04665,275.00441,442.9633.7 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:40AM PAGE: 41 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 SEWER FUND PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE UTILITIES REVENUE256,016.63272,958.611,360,035.001,087,076.3920.1 SANITARY SEWER MAINTENANCE( 12,650.50)( 12,650.50)( 18,270.00)( 5,619.50)( 69.2) LIFT STATION-BAKER STREET( 456.01)( 456.01)( 5,120.00)( 4,663.99)( 8.9) LIFT STATION-RIDGEWOOD/DBL( 196.41)( 196.41)( 1,825.00)( 1,628.59)( 10.8) LIFT STATION-NORTHLAND( 125.38)( 125.38)( 1,100.00)( 974.62)( 11.4) LIFT STATION-CR 121( 182.11)( 182.11)( 1,805.00)( 1,622.89)( 10.1) LIFT STATION-MAIN( 2,826.34)( 3,141.89)( 20,400.00)( 17,258.11)( 15.4) SEWER GENERAL ADMINISTRATION( 31.75)( 1,043.57)( 6,340.00)( 5,296.43)( 16.5) 239,548.13255,162.741,305,175.001,050,012.2619.6 EXPENDITURES UTILITIES REVENUE( 256,016.63)( 272,958.61)( 1,360,035.00)( 1,087,076.39)( 20.1) BOND PAYMENT (P & I).00.00141,570.00141,570.00.0 OTHER FINANCING USES.00.0027,575.0027,575.00.0 SANITARY SEWER MAINTENANCE24,743.8639,452.23342,235.00302,782.7711.5 LIFT STATION-BAKER STREET1,586.131,586.1313,120.0011,533.8712.1 LIFT STATION-RIDGEWOOD/DBL196.41196.417,125.006,928.592.8 LIFT STATION-NORTHLAND125.38125.386,100.005,974.622.1 LIFT STATION-CR 121182.11182.115,305.005,122.893.4 LIFT STATION-MAIN2,879.623,195.17729,020.00725,824.83.4 SEWER GENERAL ADMINISTRATION1,893.084,748.6346,335.0041,586.3710.3 DEPRECIATION EXPENSE.00.00555,000.00555,000.00.0 224,410.04)( 223,472.55)513,350.00736,822.55( 43.5) 463,958.17478,635.29791,825.00313,189.7160.5 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:40AM PAGE: 42 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 REFUSE/RECYCLING/COMPOST PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE UTILITIES REVENUE81,764.6082,821.71543,420.00460,598.2915.2 WASTE COLLECTION( 27,746.67)( 28,351.03)( 439,020.00)( 410,668.97)( 6.5) 54,017.9354,470.68104,400.0049,929.3252.2 EXPENDITURES UTILITIES REVENUE( 81,764.60)( 82,821.71)( 543,420.00)( 460,598.29)( 15.2) WASTE COLLECTION30,435.1933,534.20540,140.00506,605.806.2 OTHER FINANCING USES.00.0035.0035.00.0 DEPRECIATION EXPENSE.00.00115.00115.00.0 1574. 51,329.41)( 49,287.51)( 3,130.00)46,157.51 105,347.34103,758.19107,530.003,771.8196.5 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:40AM PAGE: 43 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 STORM WATER UTILITY PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE UTILITIES REVENUE36,175.0038,680.91256,255.00217,574.0915.1 STORM WATER GENERAL ADMIN.00( 302.18)( 6,010.00)( 5,707.82)( 5.0) STORM WATER MAINTENANCE( 1,860.25)( 1,860.25)( 23,665.00)( 21,804.75)( 7.9) 34,314.7536,518.48226,580.00190,061.5216.1 EXPENDITURES UTILITIES REVENUE( 36,175.00)( 38,680.91)( 256,255.00)( 217,574.09)( 15.1) OTHER FINANCING USES.00.0017,595.0017,595.00.0 STORM WATER GENERAL ADMIN1,177.362,739.1824,250.0021,510.8211.3 STORM WATER MAINTENANCE3,181.354,677.54128,800.00124,122.463.6 DEPRECIATION EXPENSE.00.00160,000.00160,000.00.0 31,816.29)( 31,264.19)74,390.00105,654.19( 42.0) 66,131.0467,782.67152,190.0084,407.3344.5 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:40AM PAGE: 44 CITY OF ST JOSEPH FUND SUMMARY FOR THE 2 MONTHS ENDING FEBRUARY 29, 2024 STREET LIGHT UTILITY PERIOD ACTUALYTD ACTUALBUDGETVARIANCEPCNT REVENUE UTILITIES REVENUE14,489.9415,247.9390,235.0074,987.0716.9 STREET LIGHTING( 4,637.19)( 4,939.37)( 59,550.00)( 54,610.63)( 8.3) 9,852.7510,308.5630,685.0020,376.4433.6 EXPENDITURES UTILITIES REVENUE( 14,489.94)( 15,247.93)( 90,235.00)( 74,987.07)( 16.9) STREET LIGHTING6,180.739,088.27119,630.00110,541.737.6 8,309.21)( 6,159.66)29,395.0035,554.66( 21.0) 18,161.9616,468.221,290.00( 15,178.22)1276.6 FOR ADMINISTRATION USE ONLY16 % OF THE FISCAL YEAR HAS ELAPSED03/12/2024 10:40AM PAGE: 45 STAFF MEMO Prepared by: Lori Bartlett, Finance Meeting Date: 3-31-24 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4d Reviewed by: Item: Donations and Contributions ACTION REQUESTED Consider approval Resolution 2024-012 accepting donations as presented. BOARD/COMMISSION/COMMITTEE RECOMMENDATION none PREVIOUS COUNCIL ACTION none REFERENCE AND BACKGROUND Minnesota Statute 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. By accepting the donations, the city is accepting the intent of the donations. The in-kind donations are estimates. Total Dog Park cash donations received through 2/29/24 = $7,107 + $1,149 for pavers and refreshments. Total Community Center/YMCA donations received through 2/29/24 = $237,341. BUDGET IMPACT $13,125.00 STAFF RECOMMENDED ACTION Accept the donations as presented in Resolution 2024-012. SUPPORTING DATA/ATTACHMENTS Resolution 2024-012 Accepting Donations RESOLUTION 2024-012 RESOLUTION ACCEPTED DONATION(S) WHEREAS, The City of St. Joseph is generally authorized to accepts gifts and bequests pursuant to Minnesota Statutes Section 465.03 and Minnesota Statutes Section 471.17 for the benefit of its citizens; and WHEREAS, said Minnesota Statute 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; and WHEREAS, the following person/persons and/or entity/entities has/have donated real and/or personal property as follows: DONOR METHOD PURPOSE AMOUNT Anonymous Cash Disc Golf $24.00 Veteran’s Support Brigade Cash Fire ATV/Trailer $2,500.00 Magnifi Financial Cash Fire ATV/Trailer $500.00 MJ Electric Cash Park Operations $1.00 St. Joseph Lion’s Cash Flashlight Dash $100.00 St. Joseph Lion’s Cash Disc Golf $10,000.00 WHEREAS, all such donations have been contributed to assist the various city departments and programs as allowed by law; and WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA, AS FOLLOWS: 1. The donations described above are accepted. 2. The Finance Department is hereby directed to issue receipts to each donor acknowledging the city’s receipt of the donors’ donations. ADOPTED by the City Council this 18th day of March, 2024. CITY OF ST. JOSEPH Rick Schultz, Mayor ATTEST David Murphy, City Administrator STAFF MEMO Prepared by: City Clerk Meeting Date: 3/18/24 ☒Consent Agenda Item ☐Regular Agenda Item Agenda Item # 4e Reviewed by: City Administrator Item: Approval of Application to Conduct Off-Site Gambling ACTION REQUESTED Approve Resolution 2024-011 approving application from the Optimist Club of St. Cloud to conduct off-site gambling at Bad Habit Brewing Company on April 5, 2024. BOARD/COMMISSION/COMMITTEE RECOMMENDATION NA PREVIOUS COUNCIL ACTION No action previously taken on this request REFERENCE AND BACKGROUND The Optimist Club of St. Cloud has submitted an application to conduct off-site gambling at Bad Habit Brewing Company on April 5, 2024. The Council is required to review and approve/ deny off-site gambling applications as they are received. If approved the application is sent to the State of Minnesota. BUDGET IMPACT NA STAFF RECOMMENDED ACTION Motion to approve the application to conduct off-site gambling as requested by Optimist Club of St. Cloud SUPPORTING DATA/ATTACHMENTS Resolution 2024-011 Approval of Application to Conduct Off-Site Gambling Application to Conduct Off-Site Gambling RESOLUTION 2024-011 APPROVING APPLICATION TO CONDUCT OFF-SITE GAMBLING FOR OPTIMIST CLUB OF ST. CLOUD WHEREAS, Ordinance 602 of the St. Joseph Code of Ordinances outlines the regulations regarding lawful gambling activities; and WHEREAS, the Optimist Club of St. Cloud has submitted the required application; and WHEREAS, the Optimist Club of St. Cloud has historically complied with all the requirements of Ordinance 602 of the St. Joseph Code of Ordinances. NOW THEREFORE BE IT RESOLVED: by the City Council for the City of St. Joseph that the application submitted by Optimist Club of St. Cloud to conduct off-site gambling on April 5, 2024 at Bad Habit Brewing Company, 25 College Avenue North, St. Joseph, MN 56374, is hereby approved. Adopted by the City Council of St. Joseph, this 28th day of March, 2024. Rick Schultz, Mayor ATTEST David Murphy, City Administrator STAFF MEMO Prepared by: City Clerk Meeting Date: 3/18/24 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4f Reviewed by: Item: Early Voting Agreement with Stearns County ACTION REQUESTED Motion to approve the Early Voting Agreement between the City of St. Joseph and Stearns County. BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION REFERENCE AND BACKGROUND The city has offered early voting to residents that past couple of election cycles. Staff will work with Stearns County to facilitate early voting for the August Primary and November General elections. Early voting will consist of providing a voting location beginning the Tuesday before Election Day, also including the Saturday prior from 9AM-3PM. Stearns County will offset some of the costs of conducting early voting by paying to the city $827.50 per election. BUDGET IMPACT STAFF RECOMMENDED ACTION Motion to approve the Early Voting Agreement between the City of St. Joseph and Stearns County. SUPPORTING DATA/ATTACHMENTS Early Voting Agreement 1 Agreement between Stearns County and the City of St Joseph for Providing Early Voting to the Residents of Stearns County This Agreement for election administration services is entered into this _____ day of _______________, 2024 (the “Effective Date”), by and between __________________ (the “City”) and the County of Stearns (the “County”), 705 Courthouse Square, St. Cloud, Minnesota 56303, collectively referred to as the Parties. 1. Purpose. The purpose of this Agreement is to establish the obligations of the Parties with respect to the administration of in-person voting of Absentee Ballots (“Early Voting”) services for any statewide election in 2024 including the August Primary, and the November General Election. 2. Term. Notwithstanding the date of the signatures of the Parties to this Agreement, the term of this Agreement shall commence on the Effective Date and, unless earlier terminated pursuant to this Agreement, shall terminate on the date that all obligations have been fulfilled. 3. Duties of the County. Except as provided in this agreement, the County will provide all the services, equipment and supplies needed to perform all early election related duties as required by MN and Federal election law. These duties will include but are not limited to: A. Provide election forms, supplies and other related materials needed for Absentee Voting. B. Coordinate with the City for delivery and collection of election materials, ballots, etc. C. Coordinate equipment and procedure training information for all head and other election judges for each polling location. D. Train, demonstrate, and provide technical support for the DS200 and all other electronic voting systems. E. Coordinate and administer the Absentee Ballot Board. 4. Duties of the City. The City shall be responsible for the following early voting election administration activities: A. Provide municipal issued emails to election judges for entry in Statewide Voter Registration System. B. Provide a polling place and adequate staffing for Early Voting for residents of the City of St Joseph beginning the Tuesday prior to all statewide elections. C. Provide Early Voting for every statewide election during the period of this agreement. D. Keep the polling place open during all regular business hours for the week prior to the election and from 9 am to 3 pm on the Saturday before the election and until 5:00 pm on the Monday preceding the Primary and General Election. E. The polling place may remain closed on the Sunday before the election. F. Designate principal contacts for election coordination. G. Administer coordination of election judges and other staff needed for Early Voting and related tasks. H. Conduct preliminary test and public accuracy tests of voting systems for the DS200. I. Compile and report election results and election statistics to the County. J. Be responsible for damage or theft to any poll pad, voting system or ballot box. 2 5. Shared Responsibilities of the Parties. The County and the City will share responsibilities for delivery and collection of election materials, ballots, voting stations and electronic voting systems. 6. Election Equipment. A. Use of Election Equipment. The city must utilize the voting machines and other equipment (the “Election Equipment”) provided by the County for Early Voting. The County will coordinate with the City on transporting the Election Equipment from and returning the Election Equipment to the County. The Election Equipment shall be returned in good working order and in substantially the same condition it was received. 7. Costs. A. Election Costs and Payments. The County shall pay the city Eight Hundred Twenty-Seven Dollars and Fifty Cents ($827.50) per statewide election for providing Early Voting services to the residents of the City of St Joseph in 2024. This amount includes the cost of two temporary election workers for six days before the election, including Saturday and any additional costs incurred by your municipality. It also includes the cost of conducting a public accuracy test for the DS200 and Assistive Voting systems used in Early Voting. The County shall reimburse the City for providing Early Voting at the end of 2024. 8. Authorized Representatives. The following are the parties’ Authorized Representative for purposes of administration of this Agreement: Stearns County City of Randy R Schreifels Name Auditor-Treasurer Title 705 Courthouse Square St Cloud, MN 56303 A party may change its Authorized Representative during the term of this Agreement by giving written notice to the Other Party. 9. Assignment. The Parties shall not assign, transfer, or delegate any rights or obligations under this Agreement whether directly or indirectly by any means without the prior written consent of the other Party, which consent shall not be unreasonably withheld. 10. Governing Law. This Agreement shall be interpreted and constructed according to the laws of the State of Minnesota. For the purpose of resolving conflicts related to or arising out of this Agreement, the Parties expressly agree that venue shall be exclusively in the State of Minnesota, County of Stearns. 11. Liability. Each Party will be solely responsible for its own acts and omissions and the results thereof, to the extent authorized by law. Any and all claims that arise or may arise against the City, its agents, servants, or employees while engaged in the performance of this Agreement and/or the use of the Election Equipment, shall in no way be the obligation of the County. The 3 City shall indemnify, hold harmless, and defend the County, its officers and employees against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including attorney’s fees, which the County, its officers or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or failure to act by the City, its agents, servants or employees in connection with this Agreement and/or the City’s use of the Election Equipment. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which a party may be entitled to under Minnesota Statutes Chapter 466, or any other applicable laws governing the Parties’ liability. 12. Insurance. Each party shall maintain liability insurance in an amount equal or greater to the maximum liability applicable to municipalities set forth in Minnesota Statutes Chapter 466, as amended. This requirement may be met through membership in a self-insurance pool. 13. Notices. Any notice to be given under this Agreement will be sufficient if in writing and personally delivered or sent to the Party’s Authorized Representative by certified or registered mail. 14. Miscellaneous. A. Neither Party will be liable for any delays or failure in performance due to circumstances beyond its control. B. The failure of a Party to give notice of default or to enforce or insist upon compliance with any of the terms or conditions of this Agreement or the granting of any extension of time for performance shall not constitute the permanent waiver of any term or condition of this Agreement, and this Agreement shall remain at all times in full force and effect until modified by the Parties in writing. C. This Agreement sets forth the entire understanding of the Parties. D. Each party warrants and represents that it is duly authorized to execute this Agreement. E. The Parties specifically recognize that this Agreement is entered into solely for the benefit of the Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers intending to be bound thereby. COUNTY OF STEARNS By: _____________________________ By: __________ ________ Randy R. Schreifels Auditor-Treasurer Date:______ ____________________________ Date: ________________________________ STAFF MEMO Prepared by: Lori Bartlett Meeting Date: 3-18-24 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4g Reviewed by: Item: 2023 TIF Report Services Contract ACTION REQUESTED Consider accepting Northland Securities consulting services for the 2023 TIF report preparation for TIF 2-1, TIF 2-3, TIF 4-1. BOARD/COMMISSION/COMMITTEE RECOMMENDATION EDA has recommended approval for the contracted services when the service first began some years ago. PREVIOUS COUNCIL ACTION Council approved Northland Securities to prepare the TIF reporting to the Office of the State Auditor for the past several years. REFERENCE AND BACKGROUND Annually the EDA and City must report a summary of the activity in each tax increment fund to the State Auditor whether or not the projects are completed. For 2023, the reports include three reports for the following TIF projects: TIF 2-1 Millstream Shops and Lofts TIF 2-3 Bayou Blues and Alley Flats TIF 4-1 Fortitude Senior Housing Staff recommends acceptance of Northland Securities offer for all TIF projects. The reporting requirements are complicating and more detailed each year. Northland Securities prepares TIF reports for many jurisdictions annually and are very familiar with the State Auditor’s reporting mandates. The three TIF reports to be completed by Northland Securities have been prepared by them in previous years. As a result, the fee for the 2023 reporting is $1,200 per TIF. The TIF Districts cover the administrative expense for Northland’s service fees. BUDGET IMPACT $3,600 in the TIF Funds STAFF RECOMMENDED ACTION Accept the Northland Securities contract services as presented. SUPPORTING DATA/ATTACHMENTS Northland Securities Service Contract 150 South Fifth Street, Suite 3300, Minneapolis, MN 55402 Main: (612) 851-5900 / Direct: (612) 851-4964 / Email: tomdal@northlandsecurities.com Member FINRA and SIPC | Registered with SEC and MSRB March 7, 2024 Sent via email: lbartlett@cityofstjoseph.com Lori Bartlett, Finance Director City of St. Joseph 75 Callaway Street E. St. Joseph, MN 56374 RE: Annual TIF Reporting to Office of State Auditor Dear Lori: The purpose of this letter is to offer you the services of Northland Public Finance to assist you with the process of making plans for the completion and submission of the mandated reports (pursuant to Minnesota Statutes 469.175, Subd. 6) for tax increment financing (TIF) districts for year ending December 31, 2023. We consider the annual reporting process to be a great time to review existing TIF districts for potential opportunities, including pooling of funds and review of outstanding obligations. We view and undertake the process as much more than an accounting access and filling out a form on your behalf. If you would like to Northland to undertake the completion and submission of the annual TIF reporting forms, please sign the attached State Auditor SAFES document and return to me. Reports will be made available from the Office of the State Auditor (OSA) and will be due to the OSA by August 1, 2024. The remainder of this letter describes the service in greater detail. This service qualifies as administrative expense and the cost can be paid from tax increments, subject to the authorizations in the respective TIF plans. Service Provided Northland will prepare and submit reports in accordance with statutory requirements. Northland will also prepare the summary statement (as required by Minnesota Statute 469.175, Subd. 5) for the city or authority to submit to the newspaper for publication. We will ask the city or authority to provide 2023 general ledger activity for tax increment financing districts. We may also request documentation on TIF plan modifications, supporting documentation on all revenues and expenditures and copies of TIF Plans and development agreements. Annual TIF Reporting March 7, 2024 Page 2 The cost of service provided by Northland is as follows: A flat fee of $1,200 per district applies to districts where the 2022 report was prepared by Northland. A flat fee of $1,680 per district applies to districts where the 2023 report was not prepared by Northland. A flat fee of $2,400 per district where fiscal year 2023 is the first year of reporting. Authorization with Office of the State Auditor If you determine to have Northland assist you with the filing of your reports, the city or authority will need to authorize Northland to file its forms with the OSA, if prior authorization is not already in place. You may do so by completing the State Auditor’s 2024 User Authorization Form (SAFES) which is attached to this letter. Next Steps We look forward to having the opportunity to work with you to complete the annual TIF reporting. Please contact me directly if have questions or would like to discuss in more detail the proposed service. If you would prefer, we could also discuss a different service approach that better fits your needs. I can be reached at (612) 851-4964 or tomdal@northlandsecurities.com. Sincerely, NORTHLAND SECURITIES, INC. Tammy Omdal Managing Director Attachments (1) STAFF MEMO Prepared by: Community Development Meeting Date: March 18th, 2024 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4h Reviewed by: Item: Amendment to the Orderly Annexation Agreement – 7284 County Road 75 ACTION REQUESTED Consent acts as approval. If item is pulled staff requests action to approve the resolution amending the Orderly Annexation Agreement (OAA) which incorporates subject parcel into St. Joseph Township and within the OAA (upon approval by St. Joseph Township Board on March 25th. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Joint Planning Board (JPB) recommended approval of the OAA amendment (8-0) at their March 13th meeting. The JPB also held the required public hearing where no one spoke. PREVIOUS COUNCIL ACTION Approved Amendment on August 21st, 2023. However, due to an error in the dates and legal description within the St. Cloud paperwork the State could not issue approval. Therefore, the request and process had to restart from the beginning. REFERENCE AND BACKGROUND Purpose of Application: Donald Opheim (Applicant) is requesting detachment of subject parcel from city of St. Cloud and incorporation into St. Joseph Township. Future annexation into city of St. Joseph can occur when utilities are readily available and at petition of property owner per the OAA. Due to adjacent land to the West all being Township property and the lack of city infrastructure near the subject parcel the parcel shall be incorporated into the OAA and St. Joseph Township first. Applicant Information: Opie’s Gold Heat n’ Air Parcel details: 7284 County Road 75, St. Cloud, MN 56301 Parcel ID: 82.44015.0145 Location: The Council and Township Board are required to approve the request by adopting a Joint Resolution. The Township of St. Joseph Board will be acting on the resolution at their March 25th meeting. The city administers all permits within the OAA and the Joint Planning Board oversees land use applications. BUDGET IMPACT None STAFF RECOMMENDED ACTION Approve resolution 2024-013 amending the OAA. SUPPORTING DATA/ATTACHMENTS 1. Application for Annexation 2. OAA Agreement 3. Order issued from the state 4. Joint Resolution 2024-013 ST. JOSEPH TOWNSHIP RESOLUTION 2018-001 CITY OF ST. JOSEPH RESOLUTION 2018-057 JOINT RESOLUTION FOR DESIGNATION OF AN AREA FOR ORDERLY ANNEXATION AND FOR DESIGNATION OF AN AREA FOR IMMEDIATE ANNEXATION PURSUANT TO MINNESOTA STATUTES § 414.0325 WHEREAS, in 2010, St. Joseph Township ("Town") and the City of St. Joseph City") adopted a Joint Resolution for Orderly Annexation in 2006, which was amended in 2010 and amended again in 2015 ("Prior Agreement") which revoked prior orderly annexation agreements between the parties; WHEREAS, the parties desire to revoke the Prior Agreement and proceed with annexation as provided hereunder; WHEREAS, a joint notice of intent to designate the area for annexation with a map depicting the area was published on November 8, 2018; WHEREAS, the Board of Supervisors of St. Joseph Township passed this resolution on November 19, 2018; WHEREAS, the City Council of the City of St. Joseph (hereinafter referred to as the "City"), passed this resolution on November 19, 2018; and WHEREAS, the Town and the City agree to designate and request the immediate annexation of certain land located within St. Joseph Township to the City legally described in the attached Exhibit A and graphically depicted on attached Exhibit B (hereinafter the "Immediate Annexation Property"); and WHEREAS, the City and the Town are in agreement as to approving the designation for orderly annexation to the City of St. Joseph certain land legally described in the attached Exhibit C and graphically depicted on attached Exhibit D hereinafter the "Orderly Annexation Area" or "OAA") in accordance with the terms set forth herein; and WHEREAS, Minnesota Statutes § 414.0325 provides a procedure whereby the City of St. Joseph and St. Joseph Township may agree on a process of orderly annexation of a designated area; and WHEREAS, the City of St. Joseph and St. Joseph Township have agreed to all the terms and conditions for the annexation of the Property and the signatories hereto agree that no alteration of the designated area is appropriate and no consideration by the Chief Administrative Law Judge is necessary. The Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the annexation in accordance with the terms of the resolution. 1 NOW, THEREFORE, BE IT RESOLVED,jointly by the City Council of the City of St. Joseph and the Township Board of St. Joseph Township as follows: Section I. Immediate Annexation Property. 1. Immediate Annexation Property. The following described land is subject to orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties hereto designate the area for orderly annexation; and agree that the land be immediately annexed: See Exhibit A attached hereto and incorporated herein. A boundary map showing the Immediate Annexation Property described in Exhibit A is attached hereto as Exhibit B and incorporated herein. The Immediate Annexation Property abuts City limits as shown on Exhibit B and is about to become urban in nature. 2. Acreage/Population/Zoning. The Immediate Annexation Property consists of approximately 3,400 acres, the population in the area is 179. Upon annexation, the Property shall be zoned as follows: Commercial: See Exhibit E Industrial: See Exhibit F Rural Residential: all remaining parcels 3. Jurisdiction. The Town and the City, by submission of this joint resolution to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish annexation of the Immediate Annexation Property in accordance with the terms of this resolution. 4. Municipal Reimbursement. The City and the Town agree pursuant to Minnesota Statutes § 414.036, reimbursement from the City to the Town shall occur for the taxes collected on land annexed into the City, according to the following schedules and thereafter all tax revenues will be the property of the City. All percentages are to be multiplied by the Township's share of property taxes from such annexed property in the year in which such property is annexed: a. Property Taxes. Commercial/Industrial Property: 2019 - 100% to Township 2020 - 90% to Township 2021 - 50% to Township 2022 - 40% to Township 2023 - 30% to Township 2024 - 20% to Township 7 If the City does not collect taxes from the annexed property in 2019, the City will have no obligation to reimburse the Township in 2019. In subsequent years the City will provide reimbursement to the Township in the percentages designated for each year as set forth in the above schedule. Rural Residential Property: 2019 - 60% to Township 2020 - 50% to Township 2021 - 40%to Township 2022 - 30% to Township 2023 - 20% to Township If the City does not collect taxes from the annexed property in 2019, the City will have no obligation to reimburse the Township in 2019. In subsequent years the City will provide reimbursement to the Township in the percentages designated for each year as set forth in the above schedule. b. Assessments and Debt. Pursuant to Minnesota Statutes § 414.036 with respect to any special assessment assigned by the Town to property annexed under this Agreement, and any portion of debt incurred by the Town prior to the annexation and attributable to the property annexed under this Agreement, the City shall forward to the Township any such assessment or debt revenue paid to the City by the property owner or by the County Auditor. The City shall pay the Township one-half of the amount due in each year within 30 days of the City's receipt of the first-half of the year tax settlement from the County (the June or July settlement) and shall pay the second half of such amount due within 30 days of the receipt of the second half of the year tax settlement (the November or December settlement) from the County. 5. Rural Taxing District. Within 30 days of the effective date of this Agreement, the City shall establish a rural/urban taxing district pursuant to Minn. Stat. 272.67 and shall include all Rural Residential properties (initially defined as non-commercial and non-industrial zoned properties) annexed to the City under Section 1, paragraph 1 above, within the rural taxing district. The City shall establish a rural service district tax rate that will initially be set at a tax rate equal to the 2018 Town tax rate, but which will be subject to annual increases or decreases proportionate to the annual increase or decrease in the City's overall tax rate, with the City 's 2018 tax rate as the base against which future increases or decreases are initially measured. For example: The 2018 Tax Rates are as follows: City Tax Rate 61.4627 Twp Tax Rate 21.9232 For the purpose of this example, if the City's overall tax rate increases to 63.4627, this would represent a 3.254% change (increase) in the City's overall tax rate from 2018 to 2019. The rural taxing district rate would change by the same percentage. Therefore, 3 the prior year's rural tax rate (the 2018 Township tax rate) of 21.9232 would be multiplied by the 1.0325 (1 plus the 3.254% change in the City's overall tax rate) which would increase the rural tax rate to 22.6366 for 2019. If the City's 2020 overall tax rate then decreased to 62.2533, this would represent a 1.906% change (decrease) in the City's overall tax rate from 2019 to 2020. The rural taxing district 2019 tax rate of 22.6366 would then be multiplied by .98094 (1 minus the 1.906% change in the City's overall tax rate) which would decrease the rural tax rate to 22.2051 for 2020. The only changes to the rural tax rate shall be those occurring as a result of the proportional increases or decreases in the City's overall tax rate pursuant the terms of this paragraph. Such Rural Residential properties placed in the rural taxing district shall remain in the rural taxing district until such time as: i. The property is developed commercially or industrially; or ii. Municipal sewer and/or water services are readily available to serve the property. Paving, repaving, or reconstruction of a street abutting a property shall not be deemed to be a sufficient improvement to cause unplatted or platted property to be transferred out of the rural taxing district. 6. Tax Rate Step Up. The tax rate for Commercial and Industrial properties annexed pursuant to Section I, Paragraph 1 above shall be stepped up from the Town tax rate to the City tax rate by equal increments over a six-year period. 7. Review and Comment. The City and the Town agree that upon receipt of this resolution, passed and adopted by each party, the Chief Administrative Law Judge may review and comment, but shall within thirty (30) days, order the immediate annexation of the Immediate Annexation Property in accordance with the terms of this resolution. 8. Provision of Utilities to Annexed Properties. in the event the City provides municipal sewer service to any Rural Residential zoned properties annexed under the terms of this Agreement, the City shall not require any such property to connect to the municipal sewer system for a period of seven years from the date of the most recent septic certification provided that the system does not fail within that seven-year period. Such properties shall be required to connect to City water services immediately in accordance with State law. 9. Building Inspection. Upon annexation of the Orderly Annexation Property described on Exhibit A, all new building permits shall be issued and administered by the City. All Building permits already issued as of the effective date of this Agreement to any such Orderly Annexation Properties shall continue to be administered by the Township's building inspector until a certificate of occupancy is issued. The Township shall provide building permits and site plans for annexed properties to the City. 4 Section II. Orderly Annexation Property. 1. Orderly Annexation Property. The following described land is subject to orderly annexation pursuant to Minnesota Statutes § 414.0325, and that the parties hereto designate the area for orderly annexation in accordance with the terms herein; See Exhibit C the"OAA") A boundary map showing the OAA described in Exhibit C is attached hereto as Exhibit D and incorporated herein. All such land in the OAA shall remain in the Township until it is annexed pursuant to the terms of Section II, Paragraph 8 below. 2. Acreage. The OAA consists of approximately 2,100 acres and a population of approximately 13. 3. Jurisdiction. That St. Joseph Township and the City of St. Joseph, by submission of this joint resolution to the Municipal Boundary Adjustment Unit of the Office of Administrative Hearings, confers jurisdiction upon the Chief Administrative Law Judge so as to accomplish annexation of the OAA in accordance with the terms contained in this Section 11. 4. Municipal Reimbursement. The City of St. Joseph and St. Joseph Township agree pursuant to Minnesota Statutes § 414.036, reimbursement from the City to the Town shall occur for the taxes collected on land annexed into the City, according to the following schedule and thereafter all tax revenues will be the property of the City. All percentages are to be multiplied by the Township's share of property taxes from such annexed property in the year in which such property is annexed: a. Property Taxes. First year the City collects property taxes from the annexed property: 60% to Township. Second year the City collects property taxes from the annexed property: 50% to Township. Third year the City collects property taxes from the annexed property: 40% to Township. Fourth year the City collects property taxes from the annexed property: 30% to Township. Fifth year the City collects property taxes from the annexed property: 20% to Township. 5 b. Assessments and Debt. Pursuant to Minnesota Statutes § 414.036 with respect to any special assessment assigned by the Township to the annexed property and any portion of debt incurred by the Town prior to the annexation and attributable to the property annexed under this Agreement, the City shall forward to the Township any such assessment or debt revenue paid to the City by the property owner or by the County Auditor. All such payments shall be made to the Township within 30 days of receipt of such funds by the City. The City shall pay the Township one-half of the amount due in each year within 30 days of the City's receipt of the first-half of the year tax settlement from the County (the June or July settlement) and shall pay the second half of such amount due within 30 days of the receipt of the second half of the year tax settlement (the November or December settlement) from the County. 5. Office of Administrative Hearings! Municipal Boundary Adjustments. Upon approval by the Town Board and the City Council, this Joint Resolution shall confer jurisdiction upon the State of Minnesota Office of Administrative Hearings, Municipal Boundary Adjustments (hereinafter referred to as the "MBA") or its successor pursuant to Minnesota Statutes. 6. No Alterations of Boundaries. The Town and City mutually agree and state that the MBA may review and comment, but that no alterations by the MBA of the stated boundaries of the area designated for orderly annexation is appropriate. Any alterations of boundaries may only be made upon the joint agreement of the Town and City. 7. Planning and Land Use Control Authority. The Town and City mutually agree and state that the Joint Planning Board established under the Prior Agreement will continue to exercise planning and land use control authority within the OAA pursuant to Minnesota Statutes section 414.0325, Subdivision 5. The City and Township establish this resolution as their joint powers agreement under Minnesota Statutes Section 462.371, Section 471.59 and Section 414.0325, Subd. 5 to conduct regional planning under the Municipal Planning Act in accordance with the terms of this Section II. The process for planning is as follows: 7.1 The Joint Planning board is an eight-member board, consisting of four members appointed by the Town and four members appointed by the City and has final authority on all land use matters in the OAA. 7.2 The City will act as the Zoning Administrator, reviewing and overseeing all relevant zoning related matters in the OAA. The City will review applications for sufficiency, determine the level of approval necessary for the application, collect application fees, and will provide recommendations to the Joint Planning Board for its consideration. The City shall provide copies of applications to the Town's designated land use official for review and comment. The City will set the public hearing for the Joint Planning Board by sending out property owner notifications 6 on joint City/Township letterhead. The City will send the notification to the designated legal publication site. The Town and the City will post the public hearing in their respective jurisdictions. The City will administer and enforce all provisions of the Land Use Regulations. 7.3 The land use controls for the orderly annexation area shall be as set forth in Section 9.15 Urban Expansion District of the Stearns County Land Use and Zoning Ordinance in effect as of the date of this Resolution, except as otherwise modified in Attachment 1 attached hereto and incorporated herein. The Joint Planning Board shall follow the procedural provisions of the City of St. Joseph Zoning Code. 7.4 The Joint Planning Board will utilize the City's building, fire, and electrical code inspection services in the orderly annexation area. 7.5 Except as otherwise specified in the Land Use Regulations, Stearns County regulations shall apply to the orderly annexation area. 7.6 No property within the OAA shall be rezoned prior to annexation. 7.7 No property within the OAA shall be subdivided in such a manner that will create more than 2 lots unless the property is first annexed to the City. 7.8 The Joint Planning Board shall be scheduled to meet bi-monthly on an as needed basis. The Town and the City shall establish fees for regular and special meetings of the Joint Planning Board. 7.9 The Joint Planning Board will serve as the board of Adjustment in the OAA area and shall hold the public hearings on all applications for conditional use/interim use permits, variances, text amendments to the Land Use Regulations, administrative subdivisions and administrative appeals. Except for text amendments, the Joint Planning Board will have final authority on all matters listed above except that any aggrieved person or persons shall have the right to appeal within thirty (30) days, after receipt of notice of the decision, to the Stearns County District Court. The Joint Planning Board shall serve as an advisory board and shall make recommendations on text amendments which shall be submitted to the Town and the City for final decision. Text amendments shall require the approval of both the Township and the City at a joint meeting. 7.10 The City will staff the Joint Planning Board meetings. The City will prepare agendas, take the minutes of the meetings, and handle the appropriate paper work associated with the meeting including notifying and recording the necessary permits associated with the action of the Joint Planning Board. 7.11 The City shall issue all building permits and site construction permits, conduct building inspections for each permit issued, and shall provide the Town with copies of permits and inspection reports for any permit issued therefore on a monthly basis, except that all Building permits already issued on the effective 7 date of this Agreement to any properties within the OAA shall continue to be administered by the Township's building inspector until a certificate of occupancy is issued. 7.12. The parties shall obtain liability coverage for the activities to be conducted by the Joint Planning Board. The cost of such coverage shall be split equally by the City and the Town. 8. Conditions for Orderly Annexation. The City and the Town mutually state and agree that properties in the OAA, or any portion thereof shall be annexed to the City by the MBA upon receipt of a resolution from the City requesting such annexation. The City may adopt such resolution only upon the occurrence of any one or more of the following, provided 30 days' notice of the City's intent to adopt such resolution has been sent to the Township: a. All of the property owners of a particular parcel submit a petition for annexation of that parcel or a portion thereof, or; b. The City has immediate ability to extend water and sewer services to the subject property and the property owner has a good faith intent to immediately plat the property for which annexation is sought. Platted lots existing at the time of the execution of this Agreement shall not be deemed to meet the "good faith intent to immediately plat the property" simply by virtue of the fact that they are platted at the time of execution of this Agreement. 9. Exclusivity. It is the intent of the parties that this Agreement sets forth the exclusive procedures under which property within the Town may be annexed from the Town to the City during the term of this Agreement. The City shall not annex any property from the Township except in conformity with the terms of this Agreement. The City shall not support an annexation proposed by a third party that is not consistent with the terms of this Orderly Annexation Agreement. 10. Review and Comment. The City and the Town mutually agree and state that this Joint Resolution and Agreement sets forth all the conditions for annexation of the areas designated and that no consideration by the MBA is necessary. At such time as the conditions for annexation of the areas or a portion thereof as described in this Agreement have been met, and upon receipt of a Resolution for Annexation from the City of St. Joseph, the MBA may review and comment, but shall, within 30 days, order the annexation in accordance with the terms of the Resolution. 11. Termination of Prior Agreements. Any prior agreements or joint resolutions existing between the parties pertaining to annexation of property from the Town to the City shall be considered terminated upon the effective date of this Joint Resolution. 12. Effective Date/Applicability. This Joint Resolution is effective on the date it is adopted by the City and the Town; whichever is the second to act on this resolution. Annexations occurring as provided in this Joint Resolution shall be effective upon the 8 issuance of the order by the MBA. The provisions of this Joint Resolution shall be binding unless otherwise modified by a joint resolution of both the City and Town. Adopted by affirmatiff vote of all the members of the St. Joseph Township Board of Supervisors this if day of /ifivl .flet, 2018. ST. JOSEPH TOWNSHIP ATTEST: By: 416 By: ae) m Chairperson Ann Reischl, Township Clerk Board of Supervisor A pied 'y a irmative vote of the City Council of St. Joseph this /'flday of Le 2018. i CITY OF ST. JOSEPH ATTEST: By: '----Riudil s. , k Aft A-- f- ick Schulz, Mayor ri Weyr "ns, City 1 •ministrator 9 LAI-1117511 H Annexation Descriptions: Section 1-124-29 The Northeast Quarter, (1) And the Northwest Quarter, (2) And the Southeast Quarter, (3) And the East Half of the Southwest Quarter, (4) All in Section 1, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 2-124-29 The Northeast Quarter, (5) And the Northwest Quarter, (6) And the Northwest Quarter of the Southeast Quarter, (7) And the Northeast Quarter of the Southeast Quarter lying northwesterly of the centerline of County Road 133, (8) And the Northeast Quarter of the Southwest Quarter, (9) And the Northwest Quarter of the Southwest Quarter except the South 2 rods of the West 2 rods thereof, (10) And the North 1.5 rods of the East 42 rods of the Southwest Quarter of the Southwest Quarter, (11) And the North 1.5 rods of the West 10 rods of the Southeast Quarter of the Southwest Quarter, (12) All in Section 2, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 3-124-29 The Northeast Quarter, (13) And the Northwest Quarter, (14) And the Northwest Quarter of the Southeast Quarter, (15) And the Northeast Quarter of the Southwest Quarter, (16) And the Northwest Quarter of the Southwest Quarter, (17) And the Southwest Quarter of the Southwest Quarter, (18) And the Northeast Quarter of the Southeast Quarter lying north of NORTHLAND HEIGHTS, according to the recorded plat thereof, (19) And the Southwest Quarter of the Southeast Quarter lying north of NORTHLAND HEIGHTS, JASMINE PLAT, and NORTHLAND PLAT 8, according to the recorded plats thereof, (20) And the West 264.00 feet of the Southeast Quarter of the Southwest Quarter lying south of ROTHFORK ADDITION, according to the recorded plat thereof, (21) And all of ROTHFORK ADDITION, (22) And the West 270.00 feet of the Southeast Quarter of the Southwest Quarter lying north of ROTHFORK ADDITION and south of the North Quarter of said Southeast Quarter of the Southwest Quarter, (23) And the North Quarter of the Southeast Quarter of the Southwest Quarter, (24) All in Section 3, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 4-124-29 The Northeast Quarter of the Southeast Quarter, (25) And the Northwest Quarter of the Southeast Quarter lying east of the thread of the Watab River, (26) And the South Half of the Southeast Quarter, (27) And the Southeast Quarter of the Southwest Quarter lying east of the west right of way line of C.S.A.H. No. 3, (28) The Southwest Quarter of the Southwest Quarter lying southwesterly of the southwesterly right of way line of C.S.A.H. 75, (31B) And the Southeast Quarter of the Southwest Quarter lying southwesterly of the southwesterly right of way line of C.S.A.H. No. 75, (32) All in Section 4, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 9-124-29 The Northwest Quarter lying southwesterly of the southwesterly right of way line of C.S.A.H. No. 75, (36) And the Northeast Quarter of the Northwest Quarter lying northeasterly of the northeasterly right of way line of C.S.A.H. No. 75 and lying southeasterly of the northwesterly right of way line of C.S.A.H. No. 3, (37) And the North Half of the Southwest Quarter, (38) And the Southwest Quarter of the Southwest Quarter lying northwesterly of the centerline of C.S.A.H. No. 2 and lying northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-23, (39) And the Southeast Quarter of the Southwest Quarter lying westerly of the centerline of C.S.A.H. No. 2 and northerly of the north right of way line of Minnesota Street and its westerly extension to the centerline of C.S.A.H. No. 2, (40) And the West Half of the Southwest Quarter of the Southeast Quarter lying north of the northerly right of way of Minnesota Street, (41) And the West Half of the Northwest Quarter of the Southeast Quarter, (42) And the Southwest Quarter of the Northeast Quarter lying southwest of C.S.A.H. No. 75, except Lots 1 and 2,AUDITOR'S SUBDIVISION NO. 4, (43) And the Northwest Quarter of the Northeast Quarter lying southwest of C.S.A.H. No. 75, 44) And the West 16.5 feet of Lot 9,AUDITOR'S SUBDIVISION NO. 4, lying north of C.S.A.H. No. 75, (45) And that part of the North 8.5 acres of the Southeast Quarter of the Northeast Quarter lying west of the East 504 feet thereof, (46) And the Northeast Quarter of the Northeast Quarter except the South 451.42 feet of the North 880.42 feet of the East 686.70 feet, and also except that part of the East 504 feet of said Northeast Quarter of the Northeast Quarter lying south of Line A, described as follows: Beginning at a point on the west line of SCHNEIDER'S ADDITION, said point being 800 feet northerly from the intersection with the northerly right of way line of C.S.A.H. No. 75; thence westerly, perpendicular to said west line of SCHNEIDER'S ADDITION, and also except that part of said Northeast Quarter of the Northeast Quarter lying east of a line parallel to and distant 150 feet west of the west line of said SCHNEIDER'S ADDITION, and lying north of Line A described above, and lying south of the North 880.42 feet of said Northeast Quarter of the Northeast Quarter, (47) All in Section 9, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 10-124-29 That part of the North 13 acres of the Northwest Quarter of the Northwest Quarter lying westerly of the southeasterly right of way line of C.S.A.H. No. 2, (48) And the West 264.00 feet of the Northeast Quarter of the Northwest Quarter, except the South 264 feet thereof, and also except the North 6.80 feet thereof, (49) And Lots 1, 2, 3 and 4, Block 2, LOSO'S SIXTH ADDITION, (50) And Lots 1 and 2, SCHNEIDER'S ADDITION, (51) And that part of the Northwest Quarter of the Northwest Quarter described as follows: Beginning at the northwest corner of Lot 1, SCHNEIDER'S ADDITION; thence northerly along the northerly extension of the west line of said SCHNEIDER'S ADDITION, to the south line of the North 880.42 feet of said Northwest Quarter of the Northwest Quarter; thence westerly along said south line to the east line of the West 44.00 feet of said Northwest Quarter of the Northwest Quarter; thence northerly along said east line to the southwesterly right of way line of the Burlington Northern Santa Fe railroad; thence southeasterly along said right of way line to the intersection with the north line of LOSO'S SIXTH ADDITION; thence westerly along said north line to the northwest corner of said LOSO'S SIXTH ADDITION; thence southerly along the west line of said LOSO'S SIXTH ADDITION to the northeast corner of said Lot 1; thence westerly along the north line of said Lot 1 to the point of beginning, And that part of the Northwest Quarter of the Northwest Quarter lying northwesterly of Outlot A, NORTH PARK THIRD ADDITION, and lying northeasterly of LOSO'S SIXTH ADDITION, and lying southwesterly of the southwesterly right of way line of Burlington Northern Santa Fe railroad, (52) And that part of the 100.00 foot wide Burlington Northern Santa Fe railroad right of way lying in the Southeast Quarter of the Northeast Quarter, (53) All in Section 10, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 11-124-29 The Southeast Quarter of the Northeast Quarter, (54) And the Northeast Quarter of the Southeast Quarter lying north of the south right of way line of County Road No. 134, (55) And the Northwest Quarter of the Southeast Quarter lying north of the northeasterly right of way of C.S.A.H. No. 75, and lying southeasterly and southerly of County Road No. 134, (56) And all of the right of way of County Road No. 134 lying and being in the Northwest Quarter of the Southeast Quarter, lying east of the northerly extension of the east line of Lot 3, Block 2, RMR ADDITION, (57) And the East 706.92 feet of the Southwest Quarter of the Northeast Quarter lying north of the Burlington Northern Santa Fe railroad right of way, (58) And all the 100.00 foot wide Burlington Northern Santa Fe railroad right way lying and being within Section 11, (59) And that part of the Southwest Quarter of the Southeast Quarter in Section 11, Township 124 North, Range 29 West of the 5th Principal Meridian, Stearns County, Minnesota, described as follows: Commencing at the southwest corner of said Southwest Quarter of the Southeast Quarter; thence North 88 degrees 57 minutes 55 seconds East, assumed bearing, 99.50 feet along the south line of said Southwest Quarter of the Southeast Quarter; thence North 00 degrees 49 minutes 56 seconds West 891.37 feet to the south line of Lot 1, Block 1, ST JOSEPH BUSINESS PARK; thence North 89 degrees 10 minutes 04 seconds East, along said south line and its easterly extension, a distance of 941.54 feet; thence North 00 degrees 47 minutes 22 seconds West 31.58 feet; thence North 89 degrees 12 minutes 38 seconds East 250.00 feet to the east line of said Southwest Quarter of the Southeast Quarter; thence South 00 degrees 47 minutes 22 seconds East, along said east line, a distance of 918.52 feet to the southeast corner of said Southwest Quarter of the Southeast Quarter; thence South 88 degrees 57 minutes 55 seconds West, along the south line of said Southwest Quarter of the Southeast Quarter, a distance of 1190.88 to the point of beginning. (60) All in Section 11, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 12-124-29 The Northeast Quarter of the Northwest Quarter, (61) And the Southwest Quarter of the Northwest Quarter, (62) And the Southeast Quarter of the Northwest Quarter, (63) And the Northeast Quarter, (64) And the North Half of the Southeast Quarter lying north of the southerly right of way line of County Road No. 134, (65) And the North Half of the Southwest Quarter lying north of the southerly right of way line of County Road No. 134, (66) All in Section 12, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 14-124-29 The Northwest Quarter of the Northeast Quarter, (67A) That part of the Southwest Quarter of the Northeast Quarter lying west of a line beginning 48 rods west of the southeast corner of said Southwest Quarter of the Northeast Quarter and terminating at a point 32 rods west of the northeast corner of said Southwest Quarter of the Northeast Quarter, (67B) And the East Half of the Northwest Quarter, (69) And the Southwest Quarter of the Northwest Quarter, (70) And the Southwest Quarter, (71) And the Northwest Quarter of the Northwest Quarter lying south of POND VIEW RIDGE SEVEN, (73) All in Section 14, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 15-124-29 The South Half of the Northeast Quarter, (74) And the North Half of the Southeast Quarter, (76) And the Southeast Quarter of the Northwest Quarter except the West 264.00 feet, (77) And the Northeast Quarter of the Southwest Quarter lying east of the centerline of County Road No. 121, and also except the North 82.5 feet of the West 264.00 feet, (78) And the Southwest Quarter of the Southwest Quarter, (79) And the Southeast Quarter of the Southeast Quarter except those parts platted as RIVERS BEND, (80) And Lot 6, Block 1, BENEDICT, (81) All in Section 15, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 16-124-29 The Southeast Quarter of the Southeast Quarter lying northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-21, Stearns County, Minnesota, (82) Section 22-124-29 The Southeast Quarter of the Northwest Quarter lying northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-20, (83) And the Southwest Quarter of the Northeast Quarter lying west of the centerline of Jade Road, (84) And the Northwest Quarter of the Northeast Quarter lying west of the centerline of Jade Road, and lying south of OutlotA, RIVERS BEND, (85) And the Northeast Quarter of the Northwest Quarter lying east and south of OutlotA, RIVERS BEND, (86) And the Southwest Quarter lying northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-20, (87) And the Southeast Quarter lying westerly of the centerline of Jade Road and northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-20, (88) All in Section 22, Township 124 North, Range 29 West, Stearns County, Minnesota. Sections 2 & 11-124-29 That part of the South Half of the Southwest Quarter of Section 2 and the Northwest Quarter of Section 11, all in Township 124 North, Range 29 West, Stearns County, Minnesota, described as follows: Commencing at the South Quarter corner of said Section 2; thence South 89 degrees 13 minutes 48 seconds West, assumed bearing, along the south line of said South Half of the Southwest Quarter, a distance of 981.48 feet; thence North 00 degrees 34 minutes 36 seconds West, a distance of 282.91 feet to the centerline of County Road No. 133, being the point of beginning of the tract of land to be described; thence continuing North 00 degrees 34 minutes 36 seconds West, a distance of 434.76 feet; thence South 49 degrees 21 minutes 10 seconds West, a distance of 800.99 feet; thence South 40 degrees 38 minutes 50 seconds East, a distance of 332.25 feet to said centerline of County Road No. 133; thence North 49 degrees 34 minutes 55 seconds East, along said centerline, a distance of 67.00 feet; thence North 49 degrees 22 minutes 35 seconds East, along said centerline, a distance of 454.12 feet to the point of beginning. (89) Sections 10 &11-124-29 That part of the East Half of the Northeast Quarter of Section 10 and the Northwest Quarter of the Northwest Quarter of Section 11, all in Township 124 North, Range 29 West, Stearns County, Minnesota, described as follows: Commencing at the southwest corner of the Northeast Quarter of the Northeast Quarter of said Section 10; thence northerly along the west line of said Northeast Quarter of the Northeast Quarter 331.58 feet to the point of beginning of the land to be described; thence easterly parallel with the south line of said Northeast Quarter of the Northeast Quarter, a distance of 260.20 feet; thence southeasterly deflecting to the right 50 degrees 13 minutes 59 seconds, a distance of 755.93 feet to the former centerline of County Road No. 133; thence northeasterly along said former centerline to the west line of the East 1980.00 feet of the Northwest Quarter of said Section 11; thence northerly along said west line to the south line of the North 194.00 feet of said Northwest Quarter; thence easterly along said south line to the east line of the West 22.74 feet of the East 1980.00 feet of said Northwest Quarter; thence northerly along said east line to the north line of said Northwest Quarter; thence westerly along said north line to the northwest corner of said Section 11; thence westerly along the north line of said Northeast Quarter of the Northeast Quarter to the northwest corner thereof; thence southerly along the west line of said Northeast Quarter of the Northeast Quarter to the point of beginning. (90) Sections 15 &16-124-29 Outlot H, BENEDICT, Stearns County, Minnesota. (91) b e OH e [§ Ez 2 , E /§ G a2 2OJ 2 g co 0 co cr, . @ m 1 a R q m a k & e eno 2 a R V R : w. . Or | EXHIBIT C Remaining Annexation Descriptions: Section 4-124-29 The Northeast Quarter, (1A) And the Northwest Quarter, (2A) And the Northwest Quarter of the Southeast Quarter lying west of the thread of the Watab River, (3A) And the Northeast Quarter of the Southwest Quarter, (4A) And the Southeast Quarter of the Southwest Quarter lying westerly of the westerly right of way line of C.S.A.H. No. 3 and northerly of the southwesterly right of way of C.S.A.H. No. 75, (6A) And the Northwest Quarter of the Southwest Quarter, (30) The Southwest Quarter of the Southwest Quarter lying northeasterly of the southwesterly right of way line of C.S.A.H. 75, (31A) All in Section 4, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 5-124-29 The Northeast Quarter, (7A) And the Southeast Quarter, (8A) And the Southwest Quarter lying east of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-24, (9A) And the Northwest Quarter lying easterly of the following described line: Beginning at a point 225.95 feet easterly of the northwest corner of said Northwest Quarter, said point being the northerly right of way line as shown on STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-25; thence southeasterly, along said right of way line, to Point B1; thence southeasterly, along said right of way line, to Point B2; thence southeasterly to Point B11; thence southeasterly, along the east right of way line as shown on said plat, to its intersection with the south line of said Northwest Quarter, said point being 1586.86 feet easterly of the southwest corner of said Northwest Quarter, and there said line terminating. 10A) All in Section 5, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 8-124-29 The North Half of the Northeast Quarter, (11A) And the East Half of the Northwest Quarter lying east of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-23, (12A) The Southeast Quarter of the Northeast Quarter, (33) And the Southwest Quarter of the Northeast Quarter lying northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-23, (34) And the Southeast Quarter lying northeasterly of STATE HIGHWAY RIGHT OF WAY PLAT NO. 73-23, (35) All in Section 8, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 9-124-29 That part of the Northeast Quarter of the Northwest Quarter lying northeasterly of the southwesterly right of way line of C.S.A.H. No. 75, excepting therefrom that part lying northeasterly of the northeasterly right of way line of said C.S.A.H. No. 75 and southeasterly of the northwesterly right of way line of C.S.A.H. No. 3, Stearns County, Minnesota. (13A) Section 11-124-29 The East Half of the Southeast Quarter lying southerly of the southerly right of way line of C.S.A.H. No. 134, (14A) And that part of the right of way for C.S.A.H. No. 75 lying east of northerly extension of east line of Lot 1, Block 1, ST JOSEPH BUSINESS PARK PLAT 2, and west of the east line of the Northwest Quarter of the Southeast Quarter, (15A) All in Section 11, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 12-124-29 The Southwest Quarter lying south of the south right of way line of C.S.A.H. No. 134, 16A) And the Southeast Quarter lying south of the south right of way line of C.S.A.H. No. 134, (17A) All in Section 12, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 13-124-29 The Northwest Quarter, (18A) And the Southwest Quarter lying northerly of the Sauk River, (19A) And the North Half of the Northeast Quarter, (20A) And the Southwest Quarter of the Northeast Quarter, (21A) And the Southeast Quarter of the Northeast Quarter lying northerly of the Sauk River, 22A) All in Section 13, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 14-124-29 The Northeast Quarter of the Northeast Quarter, (23A) And the East Half of the Southeast Quarter of the Northeast Quarter, (24A) And the East Half of the Southeast Quarter lying northerly of the Sauk River, (25A) That part of the Southwest Quarter of the Northeast Quarter lying east of a line beginning 48 rods west of the southeast corner of said Southwest Quarter of the Northeast Quarter and terminating at a point 32 rods west of the northeast corner of said Southwest Quarter of the Northeast Quarter, (67C) And the West Half of the Southeast Quarter of the Northeast Quarter, (68) And the West Half of the Southeast Quarter, (72) All in Section 14, Township 124 North, Range 29 West, Stearns County, Minnesota. Section 22-124-29 The Northeast Quarter of the Northeast Quarter lying northeasterly of Outlots I, J and K, RIVERS BEND, Stearns County, Minnesota. (26A) Section 23-124-29 That part of Section 23 lying northerly and westerly of the Sauk River, and lying east of RIVERS BEND, Stearns County, Minnesota. (27A) That part of the Northwest Quarter (NW 1/4) of Section 18, Township 124, Range 28 West, Stearns County, Minnesota Commencing at the Southwest corner of said Northwest Quarter; thence Northerly along the Westerly line of said NW¼ on a bearing of North 01 degree, 09 minutes, 00 seconds East a distance of 367.84 feet, more or less, to the thread of the Sauk River for point of beginning; thence continuing North 01 degrees, 09 minutes, 00 seconds East 160.00 feet to an iron monument; thence continuing North 01 degrees, 09 minutes, 00 seconds East, a distance of 470.90 feet, more or less, to the right of way line of State Trunk Highway No. 52; thence South 65 degrees, 10 minutes, 00 seconds East along said right of way line a distance of 486.12 feet to an iron monument; thence continuing South 65 degrees, 10 minutes, 00 seconds East along said right of way line a distance of 103 feet, more or less to the Westerly Bank of the Sauk River; thence Southwesterly along said Westerly Bank to a point which is 132 feet Southwesterly from the centerline of said Highway 52 (as measured at right angles to said centerline); thence South 65 degrees, 10 minutes, 00 seconds East along the proposed right of way line of lnterstate Highway 1-94 a distance of 55 feet, more or less, to the thread of Sauk River; thence Southwesterly along the thread of said Sauk River to the point of beginning. F- m W 4 U) 0<5 a0 ww r‹. a Q a x Z r 2ny W z0 W JfA W 1 CVCOtvlS 0mz o CO CV Z EoS W V1 S U Qn 6 n D n a 55 on C P. r. ar 4 EXHIBIT E COMMERCIAL PIDS 31.20621.0000 ;31003 County RD 133 ;St.Joseph,MN 56374 1PROM COMMERCIAL 3121395.0010 18733 RIDGEWOOD RD ISt.Joseph,MN 56374 j WARNERT FAMILY LTD PARTNERSHIP COMMERCIAL JOHN 1 RONALD MERCIAL;131.21395.0008 18677 RIDGEWOOD RD ;St.Joseph,MN 56374 [WARN ERT COM 31.21395.0006 .8625 RIDGEWOOD RD ;St.Joseph,MN 56374 I WARN ERT RONALD !COM.. ._.. 31.21395.0004 ;8546 COUNTY RD 75 i St.Joseph,MN 56374 WARNERT iCOMMERCIAL SCOTT! RONALD 31.20793.0000 ;8550 COUNTY RD 75 S COMMERCIALSt.Joseph,MN 56374 ;MEYER _ 31.21395.0002 !8549 RIDGEWOOD RD St.Joseph,MN 56374 COUNTER LOUIS COMMERCIAL 131.20795.0000 ;8619 RIDGEWOOD RD St.Joseph,MN 56374 ;PEITZ MSCOTTCOMMERCIAL 31.20796.0000 +8551 COUNTY ROAD 75;St.Joseph,MN 56374 RAUSCH RUSSELL 'COMMERCIAL 3120790.0006 18551 COUNTY ROAD 75 1St.Joseph MN 56374 I RAUSCH RUSSELL !COMMERCIAL; 31.20685:0001 130890 COUNTY ROAD 2 St.Joseph,MN 56374 1HULS SROS L. 14 EXHIBIT F INDUSTRIAL PIDS 31.20804.0001 : JUSTIN HONER EXCAVATING INDUSTRIAL 31.20804.0000 :7402 RIDGEWOOD RD St.Joseph,MN 56374 C&F PROPERTIES LLC INDUSTRIAL 31.20804.0002 : STEARNS ELECTRIC INDUSTRIAL 31.21303.0000 ;7576305TH ST.CLOUD,MN 56303 MANION HN;IND USTRIAL •000 ,. _..6305H ST 3;MA ... MARK JO 31.21303.0001 ;7652305TH ST ST.CLOUD,MN 56303;MATHEW HALL LUMBER CO INDUSTRIAL 331120799.0050 : MAN ION MARK&JOHN;INDUSTRIAL 31.21303.0003MA . . ..MARK&JOHN(INDUSTRIAL 31.21303.0004 , MANION MARK&JOHN;INDUSTRIAL ' 31.21303.0005 ;7757305TH ST ST.CLOUD,MN 56303MATHEWHALL LUMBER CO i INDUSTRIAL 31.21303.0006 .30409 76TH AVE ST.CLOUD,MN 56303!MATHEW HALL LUMBER CO INDUSTRIAL 31.21403.0027 30801 PEARL DRIVE St.Joseph,MN 56374 PRISTINE HOLDINGS Si LLCINDUSTRIAL • 31.21403.0026 PRISTINE HOLDINGS Si LLC INDUSTRIAL j 3111403.0025 '30884 KOHLER CT St.Joseph,MN 56374 WINTER PROPERTIES OF sr.JOSEPHLLC INDUSTRIAL,. 31.21403.0023 ;30865 KOHLER CT ;St.Joseph,MN 56374 AMI PROPERTIES LLC jINDUSTRIAL 31.21403.0022 !30827 KOHLER CT 'St.Joseph,MN 56374 1SCHRODENS INC INDUSTRIAL 31.21403.0021 ;30765 PEARL DR St.Joseph,MN 56374 !TND ENTERPRISES LLC i USTRIAL 31.21403.0020 '30753 PEARL DR St.Joseph,MN 56374 !RPM ATHLETICS LLC INDUSTRIAL 31,21403.0052 ,30701 PEARL DR St.Joseph,MN 56374 JR PARTNERS OF ST.CLOUD INDUSTRIAL 31.21403.0051 ;30701 PEARL DR#3 St.Joseph,MN 56374 JAMK COMPANIES LLC INDUSTRIAL 31.21403.0009 '30659 PEARL DR St.Joseph,MN 56374 .JR PARTNERS OF ST.CLOUD jINDUSTRIAL 31.21403.0008 :.8124 DELTA CIR St.Joseph,MN 56374 JR PARTNERS OF ST.CLOUD INDUSTRIAL 31.21403.0007 8148 DELTA CIR St.Joseph,MN 56374 WEST VENTURES LLC 31.21403.0032 7967 STERLING DR St.Joseph,MN 56374 ;MG DEVELOPMENT LLC INDUSTRIAL 31.21403.0033 '7949 STERLING DR St.Joseph,MN 56374 jMG DEVELOPMENT LLC INDUSTRIALRIAL 31.21403.0035 ;30638 PEARL DR St.Joseph,MN 56374 [MG DEVELOPMENT LLCI _INDUSTR{A 31,21403.0036 IMG DEVELOPMENT LLC INDUSTRIA 3121159.0200 t 8348 RIDGEWOOD_RD .St.Joseph,MN 56374 BRUCE BA_TZER PROPERTIES LLC INDUSTRIAL 31.21159.0400 ? KNIFE RIVER CORP INDUSTRIAL i...._...................................._.... .INDUSTRIAL31.20761.0010 18552 RIDGEWOOD RD ; KNIFE RIVER CORP 31.20761.0000 [8644 RIDGEWOOD RD [St.Joseph,MN 56374 [AMCON CONCRETE PRODUCTS LLC INDUSTRIAL 3120790.0005 , RIVER BATS STADIUM INDUSTRIAL 16 ATTACHMENT 1 Land Use and Zoning Ordinance Provisions 1.Residential accessory buildings shall meet the road setbacks and in no case shall they be located closer to the road than the residential dwelling. 2,No residential accessory building shall be located on a lot prior to the location of a residential dwelling on the same lot. 3.Any manufactured home to be used as a residential dwelling unit and located within the Urban Expansion Zone shall be no less than 24 feet in width and shall bear the Seal of Compliance issued by the State of Minnesota. Residential dwelling units shall be no less than 24 feet in width. 4.The transfer of residential development rights within the Township is prohibited in the OAA. 5.The transfer of residential development rights from another Township into St.Joseph Township is prohibited in the OAA. 6.The transfer of residential development rights from St.Joseph Township into another Township is prohibited in the OAA. 7.The following uses (as such are defined in the Stearns County Land Use and Zoning Ordinance)shall require a conditional use permit in the OAA: a.Antennas—TV/Radio Receiving, Short Wave/Private Transmitting b.Essential Services, Transmission Services and Utility Substations c.Animal Feedlot expansions d.Bed and Breakfast Inns e.Government administrative and service buildings f.Home extended businesses g.Home occupations h.Outdoor recreational facilities Accessory agricultural buildings that are accessory to an Agricultural Operation j. Kennels—private k.Solar systems 1. Contractor yards, provided they are setback a minimum 650 feet from the center of the road and meets the performance standards required by the Stearns County Land Use and Zoning Ordinance. m. Structures related to public airports 8.The following uses as such are defined in the Stearns County Land Use and Zoning Ordinance)which are permitted or provisional uses in the Urban Expansion District shall require an interim use permit in the OAA: a.Temporary uses/Special Events b.All uses under Section 9.15.7 of the Stearns County Land Use and Zoning Ordinance c.Any other uses determined by the Joint Planning Board to be similar in nature and impact to the conditional or interim uses enumerated herein and which are in harmony with the City of St. Joseph Comprehensive Plan. 17 OAH 71-0331-39610 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of the Detachment of Certain Real Property from the City of St. Cloud to St. Joseph Township (MBAU Docket D-657) ORDER APPROVING DETACHMENT On November 1, 2023, a Petition for Detachment (Petition for Detachment) was filed with the Office of Administrative Hearings requesting detachment, pursuant to Minn. Stat. § 414.06 (2022), of certain real property (Property) from the City of St. Cloud (City) legally described as follows: That part of the Northwest Quarter (NW¼) of Section 18, Township 124, Range 28 West, Stearns County, Minnesota, described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence Northerly along the Westerly line of said NW¼ on a bearing of North 01 degree, 09 minutes, 00 seconds East a distance of 367.84 feet, more or less, to the thread of the Sauk River for point of beginning; thence continuing North 01 degrees, 09 minutes, 00 seconds East 160.00 feet to an iron monument; thence continuing North 01 degrees, 09 minutes, 00 seconds East, a distance of 470.90 feet, more or less, to the right of way line of State Trunk Highway No. 52; thence South 65 degrees, 10 minutes, 00 seconds East along said right of way line a distance of 486.12 feet to an iron monument; thence continuing South 65 degrees, 10 minutes, 00 seconds East along said right of way line a distance of 103 feet, more or less to the Westerly Bank of the Sauk River; thence Southwesterly along said Westerly Bank to a point which is 132 feet Southwesterly from the centerline of said Highway 52 (as measured at right angles to said centerline); thence South 65 degrees, 10 minutes, 00 seconds East along the proposed right of way line of lnterstate Highway 1-94 a distance of 55 feet, more or less, to the thread of Sauk River; thence Southwesterly along the thread of said Sauk River to the point of beginning. On August 7, 2023, the City adopted Resolution No. 2023-08-072 (City Resolution) supporting the Petition for Detachment. The City Resolution was received by the Office of Administrative Hearings on November 1, 2023. No resolution was received from the St. Joseph Town Board. Based upon a review of the Petition for Detachment and the City Resolution, the Administrative Law Judge makes the following: 2 ORDER 1. Pursuant to Minn. Stat. § 414.06, the Petition for Detachment and the City Resolution are deemed adequate in all legal respects and properly support this Order. 2. Pursuant to this Order, the Property is DETACHED from the City. Dated: January 31, 2024 __________________________________ JESSICA A. PALMER-DENIG Administrative Law Judge NOTICE This Order is the final administrative order in this case under Minn. Stat. §§ 414.06, .07, .09, .12 (2022). Pursuant to Minn. Stat. § 414.07, subd. 2, any person aggrieved by this Order may appeal to Stearns County District Court by filing an Application for Review with the Court Administrator within 30 days of this Order. An appeal does not stay the effect of this Order. Any party may submit a written request for an amendment of this Order within seven days from the date of the mailing of the Order pursuant to Minn. R. 6000.3100 (2023). However, no request for amendment shall extend the time of appeal from this Order. CITY OF ST. JOSEPH RESOLUTION 2024-013 ST. JOSEPH TOWNSHIP RESOLUTION 2024- RESOLUTION AMENDING THE ORDERLY ANNEXATION AGREEMENT AND INCORPORATING PARCEL 82.44015.0145 INTO THE TOWNSHIP OF ST JOSEPH WHEREAS, Donald Opheim, property owner and applicant, has requested the detachment of property depicted on Exhibit A and legally described in Exhibit B from the City of St. Cloud; and, WHEREAS, the 4.25 acre property is bound by County Road 75 to the north and the Sauk River to the east; and WHEREAS, the applicant is requesting the parcel be annexed into the Township of St. Joseph and be included in the Orderly Annexation Area; and WHEREAS, the requested detachment requires an amendment to the Orderly Annexation Agreement between the City of St. Joseph and Township of St. Joseph; and WHEREAS, in 2018, St. Joseph Township (“Town”) and the City of St. Joseph (“City”) adopted a Joint Resolution for Orderly Annexation (the “Agreement”) which revoked prior orderly annexation agreements between the parties; and WHEREAS, the Joint Planning Board held a public hearing on the amendment on March 13th, 2024 and notice of the intent to include this property in the orderly annexation area was published on March 3rd, 2024 in the official newspaper which is of general circulation in both the City and the Town; and WHEREAS, the Joint Planning Board recommended approval of the amendment to the Orderly Annexation Agreement and incorporation of parcel into St. Joseph Township; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH AND ST. JOSEPH TOWNSHIP THAT: 1. The Township approves the detachment of the property described in Exhibit B from the City of St. Cloud, and its incorporation into St. Joseph Township. 2. Section II.1 and Exhibit C to the Agreement is hereby amended to include the subject property, legally described in Exhibit B attached hereto, in the Orderly Annexation area. 3. The subject property, legally described in Exhibit B, is subject to future annexation into the city of St. Joseph in accordance with the terms of the Agreement. 4. The city of St. Joseph will administer all permits and land use applications submitted by the Subject property with review and action by the Joint Planning Board per the Orderly Annexation Agreement. 5. The Minnesota Office of Administrative Hearings is hereby requested to order the attachment of said property into the Township of St. Joseph and issue an Order approving the amendment to the Orderly Annexation Agreement. Adopted this ____ day of _____________, 2024 by the city of St. Joseph _____________________________________ Rick Schultz, Mayor ___________________________________ David Murphy, City Administrator --------------------------------------------------------------------------------------------------------------------- Adopted this ___ day of _______________, 2024 by the Township of St. Joseph ____________________________________ Township Supervisor ____________________________________ Township Clerk Exhibit A Map of Property Exhibit B Legal Description of Property That part of the Northwest Quarter (NW¼) of Section 18, Township 124, Range 28 West, Stearns County, Minnesota, described as follows: Commencing at the Southwest corner of said Northwest Quarter; thence Northerly along the Westerly line of said NW¼ on a bearing of North 01 degree, 09 minutes, 00 seconds East a distance of 367.84 feet, more or less, to the thread of the Sauk River for point of beginning; thence continuing North 01 degrees, 09 minutes, 00 seconds East 160.00 feet to an iron monument; thence continuing North 01 degrees, 09 minutes, 00 seconds East, a distance of 470.90 feet, more or less, to the right of way line of State Trunk Highway No. 52; thence South 65 degrees, 10 minutes, 00 seconds East along said right of way line a distance of 486.12 feet to an iron monument; thence continuing South 65 degrees, 10 minutes, 00 seconds East along said right of way line a distance of 103 feet, more or less to the Westerly Bank of the Sauk River; thence Southwesterly along said Westerly Bank to a point which is 132 feet Southwesterly from the centerline of said Highway 52 (as measured at right angles to said centerline); thence South 65 degrees, 10 minutes, 00 seconds East along the proposed right of way line of lnterstate Highway 1-94 a distance of 55 feet, more or less, to the thread of Sauk River; thence Southwesterly along the thread of said Sauk River to the point of beginning. STAFF MEMO Prepared by: Jeff Taufen Meeting Date: 3-18-24 ☒ Consent Agenda Item ☐ Regular Agenda Item Agenda Item # 4i Reviewed by: Item: Declare 1997 Grass Rig and Turnout Gear over 10 years old as surplus property ACTION REQUESTED Declare the Fire Department 1997 grass rig as surplus and sell for current residual value to Rockville Fire Department. If fair value is not offered, sell via MinnBid auction site. Declare turnout gear sets no longer within NFPA standards as surplus property to either donate to non-profit training facility or dispose of. BOARD/COMMISSION/COMMITTEE RECOMMENDATION St. Joseph Fire Board recommended replacing the old grass rig with a new rig. PREVIOUS COUNCIL ACTION Council approved purchase of new grass rig. REFERENCE AND BACKGROUND Grass Rig #3 was purchased by the fire service communities in 1997 for $55,000. The rear end went out of the rig in 2014 and a used rear-end was installed. The Grass Rig is expected to be functional for approximately 20 years; therefore, the replacement is scheduled for 2017, but the rig lasted an additional seven years with the repairs and the number of calls over time. The Fire Dept took possession of the new grass rig this month and ready to sell the 1997 grass rig. Rockville Fire Dept stated they were interested in the rig and would offer fair value. Statutes allow sells to other local governments. If Rockville does not pay fair value, staff will sell the 1997 grass rig on the MinnBid auction site. The sell proceeds will be put back in the capital improvement plan for the next grass rig replacement. In addition to the old grass rig, the Fire Dept has many old sets of turnout gear that is no longer in use and do not meet NFPA standards. The Fire Dept. is allowed to donate the old turnout gear to non-profit training facilities. If any are interested, the turnout gear will be donated to them at no cost. If there is no interest, the sets will be disposed of. BUDGET IMPACT Estimate TBD STAFF RECOMMENDED ACTION Declare the 1997 grass rig and old turnout gear as surplus. SUPPORTING DATA/ATTACHMENTS none STAFF MEMO Prepared by: Community Development Meeting Date: Mar 18th_2024 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 5a Reviewed by: Item: Special Home Occupation License 201 Pond View Lane ACTION REQUESTED 1. Approval of Finding of Fact Resolution 2024-014 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Planning Commission recommended approval of the Special Home Occupation License and Finding of Fact resolution at the March 11th Planning Commission meeting (6-0). A public hearing was also conducted (no one spoke). Staff did receive two written comments which are included in your packet. PREVIOUS COUNCIL ACTION None REFERENCE AND BACKGROUND Applicant Information: Sheryl Matters (owner) Existing Zoning: R-1 Single Family Residential Location: 201 Pond View Lane Access: The site has access off Pond View Lane Sheryl Matters owns and lives at 201 Pond View Lane and is proposing to operate a licensed home massage therapy business. Massage therapy businesses are permitted through a “Special Home Occupation license”. Special Home Occupation’s require Planning Commission recommendation, and Council approval. Street view of 201 Pond View Lane Conditions may be placed on the home occupation. The ordinance allows an initial home occupation permit to be issued up to a maximum of one year for the first year of operation. After the first year the permit may be reissued for up to five years. Reissuance will require Planning Commission and Council actions. The therapy business is proposed in a 10’x12’ 120 square foot area of the home. No signage is proposed nor any exterior modifications to the home. The applicant will be required to meet all massage license requirements and inspections. All parking generated by the businesses will be met on- site and the applicant will only have one client at a time coming to the home. Hours of operations are proposed to be Monday – Saturday from 10AM to 6PM. The permit will be good for up to a maximum of one year (max term for an initial home occupation). BUDGET IMPACT None. SUPPORTING DATA/ATTACHMENTS 1. Home Occupation application and site plan 2. Finding of Fact Resolution 2024-014 From:Todd & Julie Imdieke To:Nate Keller Subject:Proposed Massage Therapy Business Date:Monday, March 4, 2024 3:10:55 PM Hello Nate, I am writing to voice my opposition to a massage therapy business in a residential setting. This seems to be a business that would be better located in a commercial area of St. Joe. I feel the increased traffic in the neighborhood would detract from the area residences and also be a safety concern for an already busy traffic area. Thank you, Todd Imdieke 128 12th Ave SE St Joseph, MN 56374 From:Nate Keller To:"Kris Peterson" Subject:RE: Comment re: Special Home Occupation Date:Monday, March 4, 2024 8:27:00 AM Attachments:image001.png Good morning Kris, Thank you for your comments and reaching out. Ms. Matters stated that the parking (one car at a time) would be met within her driveway or “on the street in the front”. We will have conditions tied to one client at a time and parking within the driveway. I mentioned this to Ms. Matters this morning and she has no issues with those conditions. Her proposed hours of operations are: Mon – Sat from 10am – 6pm If you have any other questions/concerns please let me know. Thank you, Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 From: Kris Peterson <krspeterson@gmail.com> Sent: Sunday, March 3, 2024 2:15 PM To: Nate Keller <nkeller@cityofstjoseph.com> Subject: Comment re: Special Home Occupation Hello, Nate - I am unable to attend the public hearing on Sheryl Matters' request to operate a massage business at 201 Pond View Ln. I don't have any objection to her request for her business, but I do have one concern. I live across Baker St from Ms Matters at 1205 E Baker. Pond View Lane ends at Baker St and my driveway. Backing out from my driveway is difficult at times, as there is traffic approaching from three ways. If a client parks in front of my house, it could restrict my already sometimes dangerous access to Baker St. I am wondering what her plan is in regards to the parking information she will give her clients. I am assuming she'll have one client at a time, so I'm hoping that her client parking will be restricted to her driveway, and that she will discourage them from parking on Baker St - already a fairly busy road. Please feel free to call if you have any questions. Thank you. Kris Peterson 1205 E Baker St, St Joseph, MN 56374 320-250-5864 RESOLUTION 2024-014 ADOPTING FINDINGS OF FACT AND APPROVING A SPECIAL HOME OCCUPATION LICENSE FOR AN MASSAGE THERAPY BUSINESS WHEREAS, Sheryl Matters, hereinafter referred to as “Applicant” has properly applied for a special home occupation license for a Massage Therapy business on the property generally described as: 201 Pond View Lane, St. Joseph, MN (“Subject Property”) Lot 004, Block 005 of Pond View Ridge Parcel ID: 84.53790.0024; and WHEREAS, the St. Joseph Planning Commission reviewed the request and recommended approval of the special home occupation license on March 11th, 2024; and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, hereby, makes the following Findings of Fact: 1. That the subject property is zoned R-1 Single Family Residential District and a massage therapy business will be operated in the home of the subject property contingent on approval of a special home occupation license. 2. That the home occupation will not be detrimental to or endanger public health, safety, morals, comfort, or general welfare of the neighborhood and will be harmonious to the objectives of the Comprehensive Plan of the City. 3. That the massage therapy business will be located within the existing single-family home in a 10’ (foot) x 12’ (foot) room and will be operated and maintained so as to be harmonious and appropriate in appearance with character of the area and will not be hazardous or disturbing to existing or future neighboring uses. 4. That adequate utilities and services, have been provided and will not create excessive additional costs for services and/or be detrimental to the economic welfare of the community. 5. That the home occupation will not involve activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. That the existing access to the property off Pond View Lane will be maintained and no new accesses will be constructed. In addition, the access will not create traffic congestion or interfere with traffic or surrounding public thoroughfares. 7. That all parking generated from the special home occupation shall be off-street and that the existing driveway is concrete and will provide sufficient off-street parking serving the proposed use. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following conditions apply to the Special Home Occupation license for the subject property as follows: 1. Based on the aforementioned Findings of Fact, a special home occupation license (“license”) to allow the operation of a massage therapy business at the residential home on the Subject Property is hereby granted. 2. The property owner will manage the Subject Property in compliance with the St. Joseph Code of Ordinances. 3. The home occupation on the Subject Property shall be limited to the 120 Square feet as proposed within the home. The applicant shall be limited to one client at a time on the premises. 4. The outdoor storage of equipment or materials used in the home occupation is prohibited, except for personal automobiles. All parking generated by the business shall be met within the driveway of the subject property. 5. That there shall be no retail operations on the Subject Property. 6. That the property owner is responsible for meeting all Federal, State, Local, and City requirements and obtaining all permits and licenses. 7. Revocation. The City Council shall revoke the home occupation license if it determines that the terms and conditions of the license as issued are no longer being complied with. 8. Expiration: If the use is not operational within one year by March 18th, 2025, then the license shall expire and a new Special Home Occupation license shall be applied for. 9. Renewal: City Code 502.16 Subd. 5 Section B 3. requires a maximum issuance of one year for an initial Special Home Occupation license. After the one year the license shall be renewed therefore the license shall be renewed by March 18th, 2025. 10. The Zoning Administrator and/or his/her designee shall have the right to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of the license and City Ordinance. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024 CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator This document drafted by: City of St. Joseph, MN 75 Callaway St E St. Joseph, MN STAFF MEMO Prepared by: Community Development Meeting Date: Mar. 18th, 2024 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 5b -5f Reviewed by: Item: 5b – PUBLIC HEARING Variance to Rear Building Setback 13 2nd Ave NW - House of Hern 5c – Non-conforming Structure Extension Request 13 2nd Ave NW – House of Hern 5d – Parking Proposal – House of Hern 5e – PUBLIC HEARING Parking lot setback 202 MN ST W – House of Hern 5f – PUBLIC HEARING Maximum allowed impervious surface coverage 202 MN ST W – House of Hern ACTION REQUESTED 5b – Open and close Public Hearing Then motion to approve Finding of Fact resolution 2024-015 approving the variance. Finding of Fact resolution to deny 2024-015X has also been included 5c – Motion to approve requested six-month extension (Oct. 20th, 2024) to allow applicants to rebuild structure at previous West side setback. 5d – Motion to approve requested parking proposal at 202 MN ST W as presented (location, proposed lease arrangement) 5e – Open and close Public Hearing Then motion to approve Finding of Fact resolution 2024-016 approving the variance. Finding of Fact resolution to deny 2024-016X has also been included. 5f – Open and close Public Hearing Then motion to approve Finding of Fact resolution 2024-017 approving the variance. Finding of Fact resolution to deny 2024-017X has also been included. BOARD/COMMISSION/COMMITTEE RECOMMENDATION 5b – Planning Commission conducted public hearing. Three individuals expressed concern at the hearing. The motion to approve the variance failed on a 3-3 vote. 5c – Planning Commission voted 5-1 to approve the extension request 5d- Planning Commission voted 5-1 to approve the parking proposal. Some comments were expressed regarding gravel nature of current alleyway, length of lease, and cars traveling down Chapel LN (private road) 5e- Planning Commission conducted public hearing. Three individuals expressed concern at the hearing. 1 individual spoke in support of the request. Applicants and the Sisters of St. Ben’s (property owner) also spoke. Planning Commission voted 4-2 to approve the variance request. 5f- Planning Commission conducted public hearing. 1 individual expressed concern. Planning Commission voted 4-2 to approve the variance request. To view the Planning Commission meeting in its entirety please see below link and passcode: https://us06web.zoom.us/rec/share/qbfu7vQQmGHuBGDrL5ZJVpUTUl8zoUa_zKo_Vz9ztmErjVlJiuUBpzW0 eA8f42J.pJIeXwIvqJ8iQaCr Passcode: 0*gQe&2N PREVIOUS COUNCIL ACTION Council approved a rezone of 13 2nd Ave NW on Nov. 20th, 2023 REFERENCE AND BACKGROUND House of Hern, LLC (Owners Craig and BriAnne Hern) have submitted their formal plans to develop the former gas station site at 13 2nd Ave NW. The proposed development requires multiple action items tied to building placement/setback, and an off-site/street parking proposal with variances at 202 MN ST W. Building Proposal (Agenda items 05b and 05c) 202 MN St W 13 2nd Ave NW View of 13 2nd Ave NW looking North on Minnesota ST House of Hern is proposing to construct a 5,880 square foot building with a detached cooler, and on-site trash enclosure at 13 2nd Ave NW. All Environmental work (Phase 1/2, soil borings, etc.) have been completed with no issues and no site remediation needed. 05b – Public Hearing – Variance to Rear Building Setback 13 2nd Ave NW - House of Hern The applicants are proposing a 12’ building setback to the North rear lot line. City Ordinance 502.50 Subd. 5 requires a 20’ setback to residential districts. The property to the North is operated as a commercial use however is zoned residential (R-3 Multi-family) therefore a 20’ setback applies. If the property to the North was zoned commercial then a zero setback would apply. The applicants are also proposing a detached cooler that will be installed up to the lot line. Coolers are not considered a “building” per definitions in the City Code therefore setbacks do not apply to this structure. The applicants are requesting approval of a zero-lot line setback however to allow maximum use of the property. A trash enclosure is also proposed to be installed right up to the lot line (setbacks do not apply either to these structures within the B-1 Central Business District). The applicants have provided responses to the variance criteria in their variance application. Of particular note is how the request and development of the subject parcel fits within the Comprehensive Plan. The Comprehensive Plan shows the surrounding properties to all be future Commercial. Stormwater rate control requirements will need to be met. This will likely include use of gutters to capture the roof water and use of underground systems with undergrounding PVC piping. 05c – Non-conforming Structure Extension Request 13 2nd Ave NW – House of Hern The subject property had a gas station building that was knocked down on April 20th, 2023 according to city records. The previous structure was considered a legal non-conforming structure due to the building pre-dating the existing setback regulations. The previous building had a 2’ setback on the West side lot line and this setback was considered legal-nonconforming. Code requires 20’ setback now due to property to West being zoned residential. It’s important to note that the property to the West is future Commercial according to the Comprehensive Plan. Legal non-conforming structures can per ordinance 502.08 Subd. 2 be replaced as long as the structure is rebuilt within one year. The ordinance states “any non-conformity may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless the nonconformity or occupancy ceases for a period of one year”. Essentially this allows the applicant to maintain the same setback on the West side as the previous structure. The applicants are not proposing to expand any part of the non-conforming setback distance (e.g. build closer then the previous 2’ West side setback). Please note an expansion is defined as any increase to the non- conformity….in this case the non-conformity is the distance on the West side setback which was 2’ not the amount of building that was set at the 2’ distance. The applicants are hoping to start construction as soon as possible however meeting the deadline of April 20th, 2024 may not occur due to many reasons (weather, frost restrictions, site preparation, permit approvals, etc.) Therefore, the applicants are requesting an extension of six months (Oct. 20th, 2024) in order to have time and account for any unforeseen setbacks to rebuild the structure. The extension will allow the applicants to rebuild the structure within the same footprint and setback on the West side lot line (2’) without the need for a variance if they do not meet the Apr. 20th one-year deadline. Parking Proposal Items (Agenda items 05d, 05e, 05f) 05d – Parking Proposal 202 MN St W The applicants plan to develop parcel 13 2nd Ave NW with a commercial building leaves no room for on-site parking due to the footprint of the proposed building. Ordinance 502.10 Subd. 3 Section 1 allows developments in the B-1 Zoning district to propose alternative parking arrangements. These arrangements also allow for parking stall lease arrangements like the applicant is proposing. The applicants are planning to construct off-street parking for the site at 202 MN ST W which is located directly to the South (across MN St) from their proposed building. The parking plan provides for 38 parking spots which meets the total quantity of spots required for the proposed building and intended uses (based on the calculation of a restaurant use). The applicants are required to have an ADA parking spot therefore will need to provide crossing improvements (at their own expense) to ensure a clear, unobstructed path is provided from the parking spot to the building. The crossing improvements will be made on the West side of the existing four-way intersection at Mn ST and 2nd Ave NW. The city’s Building Official has also reviewed the ADA parking and proposed improvements. Access into the lot is being proposed on the Southside of the lot through the city alleyway (unimproved alleyway). The applicants are submitting this plan after exploring all other options for parking with first focus on adjacent parcels to the 13 2nd Ave NW site. Unfortunately, no agreements with the adjacent parcels occurred. Therefore, the applicants pursued the site at 202 MN ST W. The site is owned by the Sisters of St. Benedicts and the Sisters have agreed to lease the site out to allow construction of the proposed parking lot. The Sisters have included a formal letter stating their support for the project. The intended lease is for five years. The five-year timeline is due to the unknown certainty facing future plans for the sisters of St. Benedict as it relates to a potential new Monastery. However, the Sisters have provided written and verbal acknowledgment to support the project and working with the applicants to ensure continued usage of the parking lot after the five years (either through potential extension of lease, selling, or other partnership). Stormwater rate control requirements will need to be met. This will likely include use of gutters to capture the roof water and use of underground systems with undergrounding PVC piping. The city reserves the right to place conditions on the parking proposal. Conditions for example could include: items addressing the use of the parking lot at it relates to the building at 13 2nd Ave NW, access to the parking lot (entrance points, conditions of alleyway) etc. Crossing improvements to the intersection is one condition being placed on the proposal for example. 05e – PUBLIC HEARING – Parking lot setback 202 MN ST W – House of Hern City Ordinance 502.10 Subd. 5 Section C requires parking lots to be 15’ setback from residential uses. The property to the West is zoned residential (but guided for future land use of Downtown Commercial). Since the adjacent property is zoned residential the 15’ setback applies. Applicants proposed setback is 4’ off the West lot line (as measured from the asphalt of the parking lot). The applicants are proposing to offset the encroached parking lot by installing a 6’ vinyl privacy fence to block light pollution, noise, etc. on the West side (also proposing shrubs on East side). Parking lots in Commercial districts can be setback up to the lot line. The parking lot will also be paved. 05f– PUBLIC HEARING – Maximum allowed impervious surface coverage 202 MN ST W – House of Hern The proposed parking lot at 202 MN ST W is zoned residential therefore a maximum impervious surface coverage of 50% applies (City Ordinance 502.30 Subd 8 Section B). Given the properties future land use is downtown commercial and the parking lot is tied to the development and parking proposal of 13 2nd Ave NW the applicants are intending to maximize the lot with as much parking as possible (in order to not seek any reductions to the parking requirements). Background on Variance Criteria: A variance may be granted if enforcement of a zoning ordinance provision on a particular property would cause the landowner practical difficulties as defined by MN State Statute 462.357. A variance shall only be permitted if all of the following facts and conditions exists: 1. The variance is consistent with the adopted St. Joseph Comprehensive Plan. 2. The variance is in harmony with the general purposes and intent of this Ordinance. 3. The applicant establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance shall mean: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. b. The plight of the landowner is due to the circumstances unique to the property not created by the landowner c. The variance, if granted will not alter the essential character of the locality. 4. Economic considerations alone shall not constitute practical difficulties under the terms of this Ordinance. 5. Practical difficulties shall include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 6. Variances shall be granted for earth sheltered construction as defined in MN Statute 216C.06, Subd. 14 as may be amended, when in harmony with the zoning ordinance. 7. Additional Conditions: If granting a variance, the City Council may impose conditions to ensure compliance with this Ordinance and to protect adjacent properties. Finding of Facts have been supplied for each Variance proposal. The Findings of Fact go directly off the above criteria. BUDGET IMPACT None all the improvements will be constructed at the applicant’s expense. SUPPORTING DATA/ATTACHMENTS 1. Variance applications 2. Correspondences from the Sisters of St. Ben’s 3. Building and Site plans for 13 2nd Ave NW and 202 MN St W 4. Finding of Fact Resolution 2024-015 and 2024-015x (for building setback) 5. Finding of Fact Resolution 2024-016 and 2024-016x (for parking lot setback) 6. Finding of Fact Resolution 2024-017 and 2024-017x (for max impervious surface coverage) St. Joseph Application for Variance Page | 4 Application for Variance APPLICANT INFORMATION: Name (s): Date: Address: City: State: Zip: Email Address: INFORMATION ON PROPERTY OWNER (if different from Applicant): Property Owner: Address: Telephone: Email: PROPERTY INFORMATION: Street Address of Subject Property: Purpose of Variance: Legal Description of Property (may be attached instead of listed): VARIANCE APPROVAL The City Council may allow a departure from the terms of the zoning ordinance pertaining to setbacks, height or width of structures or the size of yard and open spaces where such departure will still be in harmony with the general purpose and intent of the ordinance. A variance may be granted if enforcement of a zoning ordinance provision as applied to a particular piece of property would cause the landowner “practical difficulties.” For a variance to be granted, the applicant must satisfy a three-factor test for practical difficulties under state statute. All three factors must be satisfied to constitute practical difficulties. The factors are as follows: 1.That the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. Explain how this applies to your request: St. Joseph Application for Variance Page | 5 2.That the landowner’s problem is due to circumstances unique to the property not caused by the landowner. There are uniquely exceptional circumstances or conditions applying to the land, structure or building in question that do not generally apply to other properties in the same zoning district i.e. sloping topography or other natural features. Explain how this applies to your request: 3.That if the variance is granted it will not alter the essential character of the locality meaning the structure will not be out of scale, out of place, or otherwise inconsistent with the surrounding area. Explain how this applies to your request: NOTE: Economic considerations alone shall not constitute practical difficulties. Rather, practical difficulties exist only when the three statutory factors are met. Additional conditions may be imposed to ensure compliance with the City Code and to protect adjacent properties. APPLICATION FOR VARIANCE APPROVAL Applications for Variance Approval shall be on this form and shall include the established fee. The application and copies of the site plan shall be submitted three (3) weeks prior to the next Planning Commission meeting. (Please see attached meeting schedule). The application shall contain twelve (12) copies (8.5”x11” or 11”x17”) of exhibits, which will include the following information: Site Plan drawn at scale showing parcel, grading, landscaping and location of utilities, as applicable. Location of all buildings and their square footage. Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks. Landscaping and screening plans. Sanitary sewer and water plan with estimated use per day. Drainage and grading plan; indicate soil type. Any additional information reasonably required by the City Staff, Planning Commission or City Council. We, the undersigned, hereby certify that we have read, examined and understand this application and that the information submitted herein and attached hereto is true, accurate, and correctly states my intentions. Signature of Applicant: Date: Signature of Owner: Date: STAFF USE ONLY Application Fee Due: $400.00 Application Fee Received by: Date Application Received: St. Joseph Application for Variance Page | 4 APPLICANT INFORMATION: Application for Variance Name (s): Craig and Brianne Hern Address: 447 12th Ave SE City: St. Joseph State: MN Date: 02-12-2024 Zip: 56374 Email Address: craighern@houseofhern.com & briannehern@houseofhern.com INFORMATION ON PROPERTY OWNER (if different from Applicant): Property Owner: House of Hern LLC Address: 447 12th Ave SE, St. Joseph, MN 56374 Telephone: (320) 557-8086 Email: craighern@houseofhern.com & briannehern@houseofhern.com PROPERTY INFORMATION: Street Address of Subject Property: 202 W Minnesota St, St Joseph, MN 56374 Purpose of Variance: Off Street Parking Legal Description of Property (may be attached instead of listed): Section 10 Township 124 Range 029 VARIANCE APPROVAL The City Council may allow a departure from the terms of the zoning ordinance pertaining to setbacks, height or width of structures or the size of yard and open spaces where such departure will still be in harmony with the general purpose and intent of the ordinance. A variance may be granted if enforcement of a zoning ordinance provision as applied to a particular piece of property would cause the landowner “practical difficulties.” For a variance to be granted, the applicant must satisfy a three-factor test for practical difficulties under state statute. All three factors must be satisfied to constitute practical difficulties. The factors are as follows: 1. That the property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. Explain how this applies to your request: According to Ordinance 502.10 subd. 3e, "Offstreet Parking facilities for dwelling shall be provided and located on the same lot or parcel of land as the building they are intended to serve." While we are able to provide more than the required parking for our customers and staff, we are requesting do so by utilizing parcel 84.53814.0000 to the immediate south of our property to fulfill the requirements of off street parking. We have received a signed letter of support from the owners of this parcel, allowing us to create a space fully in alignment with the remainder of the ordinance, providing safe access to our business. St. Joseph Application for Variance Page | 5 STAFF USE ONLY Application Fee Due: $400.00 Application Fee Received by: Date Application Received: 2. That the landowner’s problem is due to circumstances unique to the property not caused by the landowner. There are uniquely exceptional circumstances or conditions applying to the land, structure or building in question that do not generally apply to other properties in the same zoning district i.e. sloping topography or other natural features. Explain how this applies to your request: Our proposed business will be constructed on one of the busiest inter- sections in the City of St. Joseph. In addition to this, the lot itself is 7,397 square feet which leaves little to no space for both a business structure AND required off street parking. While we are able to maximize the parcel with a business structure that meets the feedback of our community, we are hoping to offer a safe off street parking solution that will more than meet, and exceeds, City Ordinance requirements in the parcel to the immediate south of our current parcel. 3. That if the variance is granted it will not alter the essential character of the locality meaning the structure will not be out of scale, out of place, or otherwise inconsistent with the surrounding area. Explain how this applies to your request: If this variance is granted, our building will be able to provide ample off street parking for our patrons in a safe, well-maintained space. The vacant lot will be constructed in accordance with requirements of City Ordinance 502.10, as demonstrated in the attached plan. Parking in this area is in aligment with the City's Comprehensive Plan listing the requested parcel as future B-1 zoned district. This solution will provide the required off street parking for our business that is not currently available for the majority of businesses on west Minnesota Street, including a safe ADA option for patrons. NOTE: Economic considerations alone shall not constitute practical difficulties. Rather, practical difficulties exist only when the three statutory factors are met. Additional conditions may be imposed to ensure compliance with the City Code and to protect adjacent properties. APPLICATION FOR VARIANCE APPROVAL Applications for Variance Approval shall be on this form and shall include the established fee. The application and copies of the site plan shall be submitted three (3) weeks prior to the next Planning Commission meeting. (Please see attached meeting schedule). The application shall contain twelve (12) copies (8.5”x11” or 11”x17”) of exhibits, which will include the following information:  Site Plan drawn at scale showing parcel, grading, landscaping and location of utilities, as applicable.  Location of all buildings and their square footage.  Curb cuts, driveways, access roads, parking spaces, off-street loading areas and sidewalks.  Landscaping and screening plans.  Sanitary sewer and water plan with estimated use per day.  Drainage and grading plan; indicate soil type.  Any additional information reasonably required by the City Staff, Planning Commission or City Council. We, the undersigned, hereby certify that we have read, examined and understand this application and that the information submitted herein and attached hereto is true, accurate, and correctly states my intentions. Signature of Applicant: Date: Signature of Owner: Date: THEHOUSE FOOD AND TAP SOUTH ELEVATION VIEW THEHOUSE FOOD AND TAP EAST ELEVATION VIEW 7,397 sf 2,375 sf Property Area: 7,397 SF 80% Other Impervious: 2,375 SF WE S T S I D E Y A R D S E T B A C K - T O M A T C H L O C A T I O N A N D F O O T P R I N T O F P R E V I O U S B U I L D I N G SOUTH SETBACK - ZERO FEET EA S T S E T B A C K - Z E R O F E E T NORTH SIDE YARD SETBACK - ZERO FEET (VARIANCE REQUIRED) Building Area: 5,880 SF 66'-2 3/4" 7,404.82 sf 2,377.17 sfWE S T S I D E Y A R D S E T B A C K - T O M A T C H L O C A T I O N A N D F O O T P R I N T O F P R E V I O U S B U I L D I N G NORTH SIDE YARD SETBACK - ZERO FEET (VARIANCE REQUIRED) SOUTH SETBACK - ZERO FEET EA S T S E T B A C K - Z E R O F E E T Property Area: 7,397 SF 80% Other Impervious: 2,375 SF Building Area: 5,880 SF 13,069.07 sf 11,152.86 sf 765.31 sf Property Impervious: 11,152.86 SF 85.32% Other Impervious: 765.31 SF NORTH SETBACK - 5'-0" WE S T S E T B A C K - 5 ' - 0 " (V A R I A N C E R E Q U I R E D ) EA S T S E T B A C K - 5 ' - 0 " SOUTH SETBACK - 5'-0" APPROX. 66'-0" TO ADJACENT PROPERTY LINE APPROX. 27'-0" TO ADJACENT PROPERTY LINE Property Area: 13,070 SF (assumed) From:Nate Keller To:"Rose, Karen"; Lust, Jeanne Cc:Craig Hern; BriAnne Hern Subject:RE: Synergy Site - Hern"s parking proposal Date:Friday, February 16, 2024 9:23:00 AM Attachments:image001.png Good morning Sister Karen, Thank you so much for the background and information. This helps answer many of my questions and questions I anticipate. I will include your response with the application information as supplemental background. If there are any other questions that arise, I will circle back. Thank you so much and have a splendid weekend!!! Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell 320.557.3524 From: Rose, Karen <krose@csbsju.edu> Sent: Thursday, February 15, 2024 4:36 PM To: Nate Keller <nkeller@cityofstjoseph.com>; Lust, Jeanne <JNLUST@CSBSJU.EDU> Cc: Craig Hern <craighern@houseofhern.com>; BriAnne Hern <briannehern@houseofhern.com> Subject: RE: Synergy Site - Hern's parking proposal Dear Nate, Thanks for getting in touch. The request for use of our land as a parking lot from BriAnne and Craig Hern came at a complex time in our history. You are correct that we are in the planning stage of building a new monastery. Despite that, because we support what Craig and BriAnne are trying to do, we wanted to find a way to help them. We are aware that Craig and BriAnne would be making a significant investment in the parking lot, as well as in the whole business venture, and most certainly would not want to put that in jeopardy. The situation is further complicated by the fact that the College of Saint Benedict has right of first Some people who received this message don't often get email from nkeller@cityofstjoseph.com. Learn why this is important refusal on our land and buildings on the St. Joseph campus, and they, too, are in a phase of strategic planning. I have discussed the situation with President Brian Bruess, who is also very supportive of the Herns’ project. Because both our institutions are in the process of major change and we are not yet sure of the end points, we agreed that the best solution would be for us (the monastery) to offer a five-year lease. This has been approved by the Monastic Council. This is what we can, with no reservation, offer at this point in time, along with the commitment to continue collaborating with Craig and BriAnne to work on a longer-term solution as our plans firm up. Blessings, Sister Karen Rose Karen Rose, OSB Prioress Saint Benedict’s Monastery 104 Chapel Lane St. Joseph, MN56374 Tel: 320 363 7100 www.sbm.osb.org From: Nate Keller <nkeller@cityofstjoseph.com> Sent: Thursday, February 15, 2024 10:21 AM To: Rose, Karen <krose@csbsju.edu>; Lust, Jeanne <JNLUST@CSBSJU.EDU> Cc: Craig Hern <craighern@houseofhern.com>; BriAnne Hern <briannehern@houseofhern.com> Subject: Synergy Site - Hern's parking proposal Importance: High Hello Sisters Karen and Jeanne, I’m reaching out today in regards to Craig and BriAnne’s exciting planned commercial development on 2nd Ave NW and MN St. I’ve been working with them on the submittal items and one item came up that I have questions on. I’ve reviewed the letter that was included regarding the intention for a five year lease on the property The Sisters of St. Benedict own. Questions: What is the intent after the five year lease is up? Is there a chance the lease is terminated and the Hern’s no longer have access to the parking lot? Is there any reasons a longer duration lease is not being considered? I know there are intents for a new Monastery so perhaps that is a factor? Again the concern from the city is what if the Hern’s lose access to the lot after five years? Is this possible from the Monastery standpoint given the Monastery owns the parcel? Thank you very much for your help answering these. I want to make sure we are covering all the bases prior to the public meetings. So I’m trying to anticipate questions/concerns from the elected officials. Best, Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 From:BriAnne Hern To:Nate Keller Cc:Ryan Cross; Craig Hern; Dean Stienessen; Tess Aleshire Subject:Re: The House Food and Tap - Site Plan and Variances Date:Tuesday, February 20, 2024 3:37:04 PM Hello, Let’s plan to disregard the parking option with a street ADA spot. Do you need us to resubmit anything without that second option? As for the extension, we would like to formally request a six-month extension from the April 20th, 2023 date, bringing us to a date of October 20th, 2024. This will allow us to ensure we are in alignment with frost law guidelines and have all bids, licensures, etc. in order for launch. (Note: we are assuming this means we will BEGIN construction by this date - is that correct?) Thank you so much, BriAnne On Feb 20, 2024, at 3:23 PM, Nate Keller <nkeller@cityofstjoseph.com> wrote: If six months is the request – Craig can you include a written request to me? Email suffices. I also brought up the ADA parking on-street at our dept. head meeting. I think it may be a tough ask to the Council as strong concerns were expressed. Dedicating an off-street public parking to a private business as you can imagine may open the door to other similar requests. I can see the Council not supporting that ask because off-street public parking is already a very sensitive topic. Dedicating a spot even if it’s only one to a private business is a tough ask. Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 <image002.png> From: Ryan Cross <RCross@bciconstruction.us> Sent: Tuesday, February 20, 2024 10:52 AM To: Craig Hern <craighern@houseofhern.com>; Nate Keller <nkeller@cityofstjoseph.com> Cc: BriAnne Hern <briannehern@houseofhern.com>; Dean Stienessen <d.stienessen@hma-archs.com>; Tess Aleshire <TAleshire@bciconstruction.us> Subject: RE: The House Food and Tap - Site Plan and Variances Team, Might I suggest 6 months? I assume we will be breaking ground mid-May to end of May, but I assume its always best to build a little wiggle. Can that work? Thank You, -RC- <image001.png>Ryan Cross President/CEO rcross@bciconstruction.us O: 320.393.3185 C: 320.241.1108 7135 5th Ave NE, Sauk Rapids, MN 56379 bciconstruction.us Build your tomorrow with today’s BCI. <image004.jpg><image005.jpg> <image006.jpg> <image008.jpg> From: Craig Hern <craighern@houseofhern.com> Sent: Tuesday, February 20, 2024 8:19 AM To: Nate Keller <nkeller@cityofstjoseph.com> Cc: BriAnne Hern <briannehern@houseofhern.com>; Dean Stienessen <d.stienessen@hma-archs.com>; Ryan Cross <RCross@bciconstruction.us>; Tess Aleshire <TAleshire@bciconstruction.us> Subject: Re: The House Food and Tap - Site Plan and Variances CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good morning Nate, We have been targeting an April 15th start date pending approval from the city. Depending on the weather we might be able to start earlier, but Ryan might be able to speak in more detail. Do we request a 3 month extension just incase there are any unforeseen delays? Regards, Craig Hern 320-493-3926 On Tue, Feb 20, 2024 at 8:12 AM Nate Keller <nkeller@cityofstjoseph.com> wrote: Good morning Craig, The date we have for when the previous gas station was officially demolished is April 20th, 2023. If I recall correctly you believe construction will not start by that date correct due to frost guidelines/regulations (also assuming everything with us is approved)? Given the ordinance allows up to one year to rebuild structure an extension would be needed therefore how much of an extension would you be requesting? 6 months? 3 months? Thank you and hope you and your family had a great weekend. Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 <image002.png> From: Nate Keller Sent: Thursday, February 15, 2024 2:53 PM To: 'Craig Hern' <craighern@houseofhern.com> Cc: BriAnne Hern <briannehern@houseofhern.com>; Dean Stienessen <d.stienessen@hma-archs.com>; Rose, Karen <KROSE@csbsju.edu>; Ryan Cross <RCross@bciconstruction.us>; Tess Aleshire <TAleshire@bciconstruction.us> Subject: RE: The House Food and Tap - Site Plan and Variances Thanks Craig. I’m headed out the office right now but quick question – the cooler will be setback right up to the lot line? It appears attached so wouldn’t we have a zero setback proposed? I’ll be back in office tomorrow, thank you! Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 <image002.png> From: Craig Hern <craighern@houseofhern.com> Sent: Thursday, February 15, 2024 2:48 PM To: Nate Keller <nkeller@cityofstjoseph.com> Cc: BriAnne Hern <briannehern@houseofhern.com>; Dean Stienessen <d.stienessen@hma-archs.com>; Rose, Karen <KROSE@csbsju.edu>; Ryan Cross <RCross@bciconstruction.us>; Tess Aleshire <TAleshire@bciconstruction.us> Subject: Re: The House Food and Tap - Site Plan and Variances Nate, See updated documents and scanned applications with signatures attached. Head to City of St Joseph office now to drop of paper copies and pay the fees. Please let me know is anything is missing or need additional documentation. Regards, Craig Hern 320-493-3926 On Thu, Feb 15, 2024 at 10:09 AM Nate Keller <nkeller@cityofstjoseph.com> wrote: I will send off an email and CC you and Bri. Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 <image002.png> From: Craig Hern <craighern@houseofhern.com> Sent: Thursday, February 15, 2024 10:07 AM To: Nate Keller <nkeller@cityofstjoseph.com> Cc: BriAnne Hern <briannehern@houseofhern.com>; Dean Stienessen <d.stienessen@hma-archs.com>; Rose, Karen <KROSE@csbsju.edu>; Ryan Cross <RCross@bciconstruction.us>; Tess Aleshire <TAleshire@bciconstruction.us> Subject: Re: The House Food and Tap - Site Plan and Variances Nate, I think it would be best for this request to come directly from you/city to the Sisters if you are comfortable with that. Here are their emails: krose@csbsju.edu jnlust@csbsju.edu Regards, Craig Hern 320-493-3926 On Thu, Feb 15, 2024 at 9:56 AM Nate Keller <nkeller@cityofstjoseph.com> wrote: Craig, Is it possible the Sisters would be willing to provide something in writing alluding to the items you mention below? It wouldn’t be a commitment but instead be a statement of intent regarding the structure of the lease, terms, and future expectations/goals. This can just be a email if easier. If you feel the request would be better coming from the city I would be happy to reach out and provide details on what we are asking. I just want to make sure there is substance from the owner regarding intent and reasoning behind the terms of the lease and we are covering all bases prior to the meeting. Does that make sense? Thank you Craig! Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 <image009.jpg> From: Craig Hern <craighern@houseofhern.com> Sent: Thursday, February 15, 2024 8:54 AM To: Dean Stienessen <d.stienessen@hma-archs.com>; Nate Keller <nkeller@cityofstjoseph.com> Cc: BriAnne Hern <briannehern@houseofhern.com>; Craig Hern <craighern@houseofhern.com>; Ryan Cross <RCross@bciconstruction.us>; Tess Aleshire <TAleshire@bciconstruction.us> Subject: Re: The House Food and Tap - Site Plan and Variances Dean, She information required in regards to labeling and calling out setbacks on the site plan. Are you able to accommodate these items Nate called out below. Nate, regarding the Sisters and the 5 year lease, this aligns with their 5 year plan for building their monastery. At that time we expect a long term extension to the lease terms or the ability to purchase the property. They understand we will be making a substantial investment into the property to create the parking lot and they said they will absolute work with us to keep as such for our business. They have already discussed with the college and there are no intent to use or need that property in the future and also the same case for the sister regarding the property (parking lot). Regards, Craig Hern 320-493-3926 On Thu, Feb 15, 2024 at 8:43 AM Nate Keller <nkeller@cityofstjoseph.com> wrote: Good morning Bri! Thank you so much for sending these over. Couple items we need added to the site plan - - clearly labeled setbacks to all lot lines (East, West, South, North) for both the building site plan and parking lot site plan - highlight the North setback for building and West setback for parking lot (since those are the required variances) - label the West side setback on site plan as "to match location and footprint of previous building" Then I have another question as I know this will likely be asked - - if the Sisters are agreeing to a five year lease what happens after the five years? Is there a possibility they do not renew the lease? If so what happens with the parking lot and who can or cannot use it? Will the lot just sit there and be used for their own purposes and not for the House of Hern building? Is there a reason they may be opposed to a longer lease? We want to ensure the lot can be used as long as you need to access it or at such time other properties open up and become avallbile for use (like Bip's) I'm in and out of meetings but have time for a call too if you'd prefer. Nate Keller, AICP Community Development Director City of St. Joseph 75 Callaway St E St. Joseph, MN 56374 Work cell (320)-557-3524 Office (320)-229-9425 -----Original Message----- From: BriAnne Hern <briannehern@houseofhern.com> Sent: Wednesday, February 14, 2024 5:14 PM To: Nate Keller <nkeller@cityofstjoseph.com> Cc: Craig Hern <craighern@houseofhern.com>; BriAnne Hern <briannehern@houseofhern.com> Subject: The House Food and Tap - Site Plan and Variances Good afternoon, Nate, Please see the attached documents as our electronic version for what Craig will submit in person tomorrow with signatures and payment. Documents include … - Site Plan Application - “City Submittal” exhibits supporting Site Plan Application - Variance 1 (Parking) - Letter of Support for Parking - Variance 2 (Setbacks) Please confirm receipt and let us know if you can tell whether we are missing anything at first glance. Thank you so much! Mateo Mackbee [24 College Ave. N. #307 St. Joseph, MN 56374 3.11.24 Dear St. Joseph City Council Members and Community, I am writing to express my enthusiastic support for the proposed food hall project in St. Joseph, Minnesota. As a member of this vibrant community, I believe this initiative represents a significant opportunity to enrich our local culture, stimulate economic development, and enhance the quality of life for all residents. St. Joseph, with its rich history and growing population, is the perfect location for a food hall that could become a great addition to our community. This project is not just about offering a diverse array of dining options; it's about creating a communal space where residents and visitors can come together, share experiences, and enjoy the best of what our local culinary talent has to offer. Here are a few ways I believe the food hall will benefit St. Joseph: 1. **Economic Growth**: By providing a platform for local chefs, farmers, and artisans to showcase their products, the food hall will stimulate economic growth by creating jobs, attracting tourists, and encouraging local spending. This influx of activity will also foster opportunities for other businesses in the area, contributing to a thriving local economy. 2. **Cultural Enrichment**: The food hall will serve as a cultural hub, offering a taste of the diverse culinary traditions that exist within our community. It will be a place where cultural exchange is not only welcomed but celebrated, promoting inclusivity and understanding among residents and visitors alike. 3. **Community Engagement**: With its open and inviting atmosphere, the food hall will become a gathering place for community events, workshops, and celebrations. It will provide a venue for local musicians, artists, and entertainers, further enhancing community engagement and spirit. 4. **Sustainability and Health**: By emphasizing local sourcing and offering healthy, sustainable food options, the food hall will contribute to the wellbeing of our community and environment. This commitment to sustainability aligns with the values of our residents and sets a positive example for other communities. 5. **Educational Opportunities**: The food hall can also serve as an educational resource, offering cooking classes, nutrition workshops, and opportunities for local students to learn about the food industry, agriculture, and culinary arts. This educational aspect will empower our community with knowledge and skills related to food and health. In conclusion, the food hall project represents a multifaceted opportunity to enhance the cultural, economic, and social fabric of St. Joseph. I wholeheartedly support this initiative and encourage others to recognize its potential benefits for our community. Together, we can make this project a beacon of community pride and a testament to the vibrant spirit of St. Joseph. Thank you for considering my support for the food hall project. I am eager to see it come to fruition and am committed to contributing to its success in any way I can. Sincerely, Mateo Mackbee RESOLUTION 2024-015 A RESOLUTION ADOPTING FINDINGS OF FACT TO APPROVE A VARIANCE APPLICATION FOR A COMMERCIAL BUILDING SETBACK WHEREAS, House of Hern, LLC, applicant and owner of property has properly applied for a variance to the required building setback requirements for the subject property identified as: 13 2ND Ave NW, St. Joseph, MN 56374 Legally described as: Lot 006, Block 002 of Townsite of St. Joseph Parcel ID 84.53814.0000 “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and FACTS: 1. That House of Hern, hereinafter referred to as “Owner” and “Applicant” have properly applied for a variance. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on March 11th, 2024 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned B-1 Central Business District. 5. That City Ordinance 502.50 Subd. 5 requires a 20’ (foot) setback for buildings that are adjacent to residential districts and the applicant is proposing a building that will be setback 12’ (foot) from the North property line with a detached cooler proposed at a zero-lot line setback. 6. That the adjacent property to the North identified as 17 2nd Ave NW, Parcel ID 84.53838.0005 is zoned R-3 Multi-Family residential. The current use of the property however is Commercial (legal non-conforming) and the future land use is Commercial Downtown. 7. That since the adjacent property to the North is zoned residential the 20’ (foot) setback applies to any building on the subject property. 8. That the applicants proposed building will encroach 8’ (feet) into the required 20’ (foot) setback on the North rear property line as shown in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following Findings of Fact support a variance to the minimum building setback requirements: 9. That the variance is consistent with the St. Joseph Comprehensive Plan and in alliance with Economic Development goal of: Retain, attract and grow businesses. The development of the parcel aligns with the permitted uses in the Central Business District (Downtown Commercial) and the city approved a rezone of the subject parcel to Central Business District on November 20th, 2023. 10. That the variance is in harmony with the general purpose and intent of the Ordinance. The intent of the Central Business District is to have buildings that are set close to the street and up to the property lot lines. The applicant is proposing to place the building as close to the street as possible on the South, and East lot lines and 2’ (feet) on the West lot line with building at 12’ (feet) on the North rear and detached cooler up to the lot line in the North rear. 11. That the Applicant has established that there are practical difficulties in complying with the zoning ordinance. a. That the circumstances of the property are not entirely caused by the landowner as the adjacent property to the North is a Commercial Use, has a future land use of commercial and the only reason the variance is needed is because the adjacent property to the North is zoned R-3 Multi-family. b. That the applicant’s request is unique given that the property is zoned Central Business District (Downtown Commercial) and the surrounding property to the North, South, and West is zoned residential however has a future land use of Central Business District (Downtown Commercial). Properties to the East are zoned Central Business District (Downtown Commercial). c. That the variance is reasonable given the future land uses of the surrounding property are all guided for Central Business District (Downtown Commercial). If the adjacent property to the North was rezoned to match the long-term vision of the Comprehensive plan then a Variance for the building setback on the Northside would not be needed. d. That the variance will not alter the essential character of the neighborhood given the variance proposal is for a use that is common in the nearby area and the subject property has been rezoned to Central Business District (Downtown Commercial). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on this Finding of Fact a variance to the minimum building setback at the North rear property line on the subject property is approved with the following conditions: a. This Finding of Fact resolution approving the Variance shall be recorded at Stearns County recorder’s office. b. The overall parking proposal submitted by the applicant shall require approval by the City. c. An extension to rebuild a building within the same footprint of the previous non- conforming building on the West side lot line of the subject property shall require approval by the City. d. Site plan approval and land disturbance permit approval will need to occur along with Building permit approval for the subject property and all other applicable ordinances adhered to including stormwater regulations. e. If within one (l) year after granting a variance, the work permitted is not started, such variance shall become null and void unless a petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator EXHIBIT A RESOLUTION 2024-015X A RESOLUTION ADOPTING FINDINGS OF FACT TO DENY A VARIANCE APPLICATION FOR A COMMERCIAL BUILDING SETBACK WHEREAS, House of Hern, LLC, applicant and owner of property has properly applied for a variance to the required building setback requirements for the subject property identified as: 13 2ND Ave NW, St. Joseph, MN 56374 Legally described as: Lot 006, Block 002 of Townsite of St. Joseph Parcel ID 84.53814.0000 “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and FACTS: 1. That House of Hern, hereinafter referred to as “Owner” and “Applicant” have properly applied for a variance. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on March 11th, 2024 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned B-1 Central Business District. 5. That City Ordinance 502.50 Subd. 5 requires a 20’ (foot) setback for buildings that are adjacent to residential districts and the applicant is proposing a building that will be setback 12’ (foot) from the North property line with a detached cooler proposed at a zero-lot line setback. 6. That the adjacent property to the North identified as 17 2nd Ave NW, Parcel ID 84.53838.0005 is zoned R-3 Multi-Family residential. The current use of the property however is Commercial (legal non-conforming) and the future land use is Commercial Downtown. 7. That since the adjacent property to the North is zoned residential the 20’ (foot) setback applies to any building on the subject property. 8. That the applicants proposed building will encroach 8’ (feet) into the required 20’ (foot) setback on the North rear property line as shown in Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following Findings of Fact to deny a variance to the minimum building setback requirements is adopted: 9. That the variance is not consistent with the St. Joseph Comprehensive Plan 10. That the variance is not in harmony with the general purpose and intent of the Ordinance. 11. That the Applicant has not established that there are practical difficulties in complying with the zoning ordinance. a. That the circumstances of the property are caused by the landowner b. That the applicant’s request is not unique and the circumstances have been caused by the landowner c. That the variance will alter the essential character of the neighborhood NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on this Finding of Fact a variance to the minimum building setback at the North rear property line on the subject property is denied Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator EXHIBIT A RESOLUTION 2024-016 A RESOLUTION ADOPTING FINDINGS OF FACT TO APPROVE A VARIANCE APPLICATION TO THE MINIUM PARKING LOT SETBACK STANDARDS WHEREAS, House of Hern, LLC hereinafter referred to as “applicant” and Sisters of St. Benedict hereinafter referred to as “owner” of property has properly applied for a variance to the required parking lot setback requirements for the subject property identified as: 202 Minnesota St W, St. Joseph, MN 56374 Lot 006, Block 002 of Townsite of St. Joseph Parcel ID 84.53814.0000 “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and FACTS: 1. That House of Hern, hereinafter referred to as “Applicant” and Sister’s of St. Benedict hereinafter referred to as “Owner” have properly applied for a variance. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on March 11th, 2024 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned R-1 Single Family Residential. 5. That City Ordinance 502.10 Subd. 5 Section C requires a 15’ (foot) setback for parking lots that adjoin a residential use. 6. That the applicants parking lot variance is part of an overall parking proposal for parcel 13 2nd Ave NW Parcel ID 84.53839.0005 which the Council will need to approve. 7. That the applicants parking proposal also requires a variance approval for exceeding the maximum impervious surface coverage allowed. 8. That the applicants proposed parking lot will encroach 11’ (feet) into the required 15’ (foot) setback on the West side property line. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following Findings of Fact support a variance to the minimum parking lot setback requirements: 9. That the variance is consistent with the St. Joseph Comprehensive Plan and in align with Economic Development goal of: Retain, attract and grow businesses. The parking lot proposal and variances for the West side setback and impervious surface coverage are part of a larger commercial development on parcel 13 2nd Ave NW. The development of the parking lot on the subject parcel ensures adequate off-street parking is provided for parcel 13 2nd Ave N, the redevelopment meets the future land use of Commercial and is not creating any parking or traffic issues because the parking generated by 13 2nd Ave NW redevelopment plan will be met off-street. 10. That the variance is in harmony with the general purpose and intent of the Ordinance. 11. That the Applicant has established that there are practical difficulties in complying with the zoning ordinance. a. That the circumstances of the property are not entirely caused by the landowner as the property has a future land use of commercial and is part of a larger commercial redevelopment tied to parcel 13 2nd Ave NW. The applicant is also screening the parking lot on the West side with a vinyl privacy fence and on the East side with shrubs. b. That the applicant’s request is unique given that it is part of a larger parking proposal and plan tied to redevelopment of parcel 13 2nd Ave NW. The subject parcel provides the needed and required off-street parking spaces for parcel 13 2nd Ave NW thereby ensuring the parking generated by the use at 13 2nd Ave NW will be met by off-street parking spaces which lessens the burden for on-street public parking spaces and public infrastructure. c. That the variance is reasonable given the property would be used in a reasonable manner. The applicant has proposed to screen the West side with a 6’ (foot) vinyl privacy fence and on the East side with shrubs. The proposed screening will help buffer noise, and light pollution onto adjacent properties. Runoff from the additional impervious surface will not negatively impact adjacent properties or city alleyway or streets. d. That the variance will not alter the essential character of the neighborhood given the variance proposal is for a use that is allowed and common in the nearby area. NOW THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on this Finding of Fact a variance to the minimum parking lot setback on the subject property is approved with the following conditions: a. This Finding of Fact resolution approving the Variance shall be recorded at Stearns County recorder’s office. b. The Variance for exceeding the maximum impervious surface lot coverage shall require approval by the City. c. The overall parking plan for the subject property summited by the applicant shall require approval by the City. d. 6’ (foot)vinyl privacy fence shall be installed along the entire west side property line of the subject property. e. Shrubs shall be installed on the East side of the property line for the subject property as shown in Exhibit A. f. Signage shall be installed to direct patrons to the availability of parking on-site. Signage shall indicate the parking is meant for patrons coming to the 13 2nd Ave NW site and meet all applicable city regulations and permits. g. Approval of the site plan and land disturbance permit for the subject property and all other applicable ordinances adhered to including stormwater regulations. h. If within one (l) year after granting a variance, the work permitted is not started, such variance shall become null and void unless a petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator EXHIBIT A RESOLUTION 2024-016X A RESOLUTION ADOPTING FINDINGS OF FACT TO DENY A VARIANCE APPLICATION TO THE MINIUM PARKING LOT SETBACK STANDARDS WHEREAS, House of Hern, LLC hereinafter referred to as “applicant” and Sisters of St. Benedict hereinafter referred to as “owner” of property has properly applied for a variance to the required parking lot setback requirements for the subject property identified as: 202 Minnesota St W, St. Joseph, MN 56374 Lot 006, Block 002 of Townsite of St. Joseph Parcel ID 84.53814.0000 “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and FACTS: 1. That House of Hern, hereinafter referred to as “Applicant” and Sister’s of St. Benedict hereinafter referred to as “Owner” have properly applied for a variance. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on March 11th, 2024 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned R-1 Single Family Residential. 5. That City Ordinance 502.10 Subd. 5 Section C requires a 15’ (foot) setback for parking lots that adjoin a residential use. 6. That the applicants parking lot variance is part of an overall parking proposal for parcel 13 2nd Ave NW Parcel ID 84.53839.0005 7. That the applicants parking proposal also requires a variance approval for exceeding the maximum impervious surface coverage allowed. 8. That the applicants proposed parking lot will encroach 11’ (feet) into the required 15’ (foot) setback on the West side property line. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following Findings of Fact to deny a variance to the minimum parking lot setback requirements is adopted: 9. That the variance is not consistent with the St. Joseph Comprehensive Plan 10. That the variance is not in harmony with the general purpose and intent of the Ordinance. 11. That the Applicant has not established that there are practical difficulties in complying with the zoning ordinance. a. That the circumstances of the property are entirely caused by the landowner b. That the applicant’s request is not unique and circumstances have been caused by the landowner c. That the variance will alter the essential character of the neighborhood NOW THEREFORE BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on this Finding of Fact a variance to the minimum parking lot setback on the subject property is denied Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator EXHIBIT A RESOLUTION 2024-017 A RESOLUTION ADOPTING FINDINGS OF FACT TO APPROVE A VARIANCE APPLICATION TO THE MAXIUM IMPERVIOUS SURFACE COVERAGE WHEREAS, House of Hern, LLC, hereinafter referred to as “applicant” and Sisters of St. Benedict hereinafter referred to as “owner” of property has properly applied for a variance to the required maximum impervious surface coverage for the subject property identified as: 202 Minnesota St W, St. Joseph, MN 56374 Lot 006, Block 002 of Townsite of St. Joseph Parcel ID 84.53814.0000 “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and FACTS: 1. That House of Hern, “Applicant” and Sister’s of St. Benedict hereinafter referred to as “Owner” have properly applied for a variance. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on March 11th, 2024 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned R-1 Single Family Residential. 5. That City Ordinance 502.30 Subd. 8 Section B states that impervious surfaces shall not exceed 50% of the lot area. 6. That the applicants parking lot variance is part of a larger parking proposal for parcel 13 2nd Ave NW Parcel ID 84.53839.0005 which the Council will need to approve. 7. That the applicants parking proposal also requires a variance approval for the West side setback of the parking lot. 8. That the applicants proposed parking lot will exceed the allowable impervious surface coverage. The applicant is proposing 85.32% impervious surface and the allowable percentage is 50%. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following Findings of Fact support a variance to the maximum impervious surface requirements: 9. That the variance is consistent with the St. Joseph Comprehensive Plan and in alliance with Economic Development goal of: Retain, attract and grow businesses. The parking lot proposal and variances for the West side setback and impervious surface coverage are part of a larger commercial development on parcel 13 2nd Ave NW. The development of the parking lot on the subject parcel ensures adequate off-street parking is provided for parcel 13 2nd Ave N, the redevelopment meets the future land use of Commercial and is not creating any parking or traffic issues because the parking generated by 13 2nd Ave NW will be met off- street. 10. That the variance is in harmony with the general purpose and intent of the Ordinance. 11. That the Applicant has established that there are practical difficulties in complying with the zoning ordinance. a. That the circumstances of the property are not entirely caused by the landowner as the property has a future land use of commercial and is part of a larger commercial redevelopment tied to parcel 13 2nd Ave NW. The applicant is also screening the parking lot on the West side with a vinyl privacy fence and on the East side with shrubs. b. That the applicant’s request is unique given that it is part of a larger parking proposal and redevelopment plan tied to parcel 13 2nd Ave NW. The subject parcel provides the required off-street parking spaces for parcel 13 2nd Ave NW thereby ensuring the parking generated by the use at 13 2nd Ave NW will be met by off-street parking spaces which lessens the burden for on-street public parking spaces and public infrastructure. c. That the variance is reasonable given the property would be used in a reasonable manner. The applicant has proposed to screen the West side with a 6’ (foot) vinyl privacy fence and on the East side with shrubs. The proposed screening will help buffer noise, and light pollution onto adjacent properties. Runoff from the additional impervious surface will not negatively impact adjacent properties or city alleyway or streets. d. That the variance will not alter the essential character of the neighborhood given the variance proposal is for a use that is allowed and common in the nearby area. The use of a parking lot also ensures that the development of 13 2nd AVE NW will have adequate off-street parking and not place undue burden on the public streets or infrastructure. NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on this Finding of Fact a variance to the maximum allowed impervious surface coverage on the subject property is approved with the following conditions: a. This Finding of Fact resolution approving the Variance shall be recorded at Stearns County recorder’s office. b. The Variance to the West side setback for the subject property shall require approval by the City. c. The overall parking plan for the subject property submitted by the applicant shall require approval by the City. d. 6’ (foot)vinyl privacy fence shall be installed along the entire west side property line of the subject property. e. Shrubs shall be installed on the East side of the property line for the subject property as shown in Exhibit A. f. Signage shall be installed to direct patrons to the availability of parking on-site. Signage shall indicate the parking is meant for patrons coming to the 13 2nd Ave NW site and meet all applicable city regulations and permits. g. Approval of the site plan and land disturbance permit for the subject property shall occur and all other applicable ordinances adhered to including stormwater regulations. h. If within one (l) year after granting a variance, the work permitted is not started, such variance shall become null and void unless a petition for an extension has been approved by the City Council. Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator EXHIBIT A RESOLUTION 2024-017X A RESOLUTION ADOPTING FINDINGS OF FACT TO DENY A VARIANCE APPLICATION FOR THE MAXIUM IMPERVOUS SURFACE COVERAGE WHEREAS, House of Hern, LLC, applicant and owner of property has properly applied for a variance to the required building setback requirements for the subject property identified as: 13 2ND Ave NW, St. Joseph, MN 56374 Legally described as: Lot 006, Block 002 of Townsite of St. Joseph Parcel ID 84.53814.0000 “Subject Property” WHEREAS, the St. Joseph Planning Commission held a public hearing on the variance request on March 11th, 2024, at which time all persons wishing to be heard regarding the matter were given an opportunity to be heard; and FACTS: 1. That House of Hern, “Applicant” and Sister’s of St. Benedict hereinafter referred to as “Owner” have properly applied for a variance. 2. That the matter was duly published and notice was provided to property owners within 350 feet of the Subject Property. 3. That the Applicant appeared before the Planning Commission on March 11th, 2024 and that the Planning Commission reviewed the variance request and recommended approval of the variance. 4. That the Subject Property is zoned R-1 Single Family Residential. 5. That City Ordinance 502.30 Subd. 8 Section B states that impervious surfaces shall not exceed 50% of the lot area. 6. That the applicants parking lot variance is part of a larger parking proposal for parcel 13 2nd Ave NW Parcel ID 84.53839.0005. 7. That the applicants parking proposal also requires a variance approval for the West side setback of the parking lot. 8. That the applicants proposed parking lot will exceed the allowable impervious surface coverage. The applicant is proposing 85.32% impervious surface and the allowable percentage is 50%. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, that the following Findings of Fact to deny a variance to the maximum impervious surface requirements is adopted: 9. That the variance is not consistent with the St. Joseph Comprehensive Plan 10. That the variance is not in harmony with the general purpose and intent of the Ordinance. 11. That the Applicant has not established that there are practical difficulties in complying with the zoning ordinance. a. That the circumstances of the property are caused by the landowner b. That the applicant’s request is not unique and circumstances have been caused by the landowner c. That the variance will alter the essential character of the neighborhood NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ST. JOSEPH, MINNESOTA, as follows: 1. Based on this Finding of Fact a variance to the maximum allowed impervious surface coverage on the subject property is denied Whereupon said resolution was declared duly passed and adopted by the St. Joseph City Council this 18th day of March, 2024. CITY OF ST. JOSEPH By Rick Schultz, Mayor ATTEST By David Murphy, City Administrator EXHIBIT A STAFF MEMO Prepared by: City Clerk Meeting Date: 3/18/24 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 6 Reviewed by: Item: Joetown Blocks – Street Closure, Special Event Request – St. Joseph CVB ACTION REQUESTED Approval of the Joetown Blocks event to include the street closures as requested. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The EDA board recommended approval of the expenditure of EDA funds in the amount of $5000 towards the event. PREVIOUS COUNCIL ACTION N/A REFERENCE AND BACKGROUND Staff received an application from the CVB for Joetown Blocks, an event scheduled for June 9th from noon-5PM. The event would feature a car show, farmers market, power wheels derby, a kid’s area, and beer garden. The request is to close MN Street from College Avenue to Chapel Lane from 10AM – 7PM to allow for setup and cleanup. A site plan is included. The applicants were notified of the requirements that needed to be met for the alcohol portion. Mary Bruno and Ann Reisner will be present at the meeting to present their request. BUDGET IMPACT STAFF RECOMMENDED ACTION SUPPORTING DATA/ATTACHMENTS Application & Site Plan Map of Street Closure Developed by This map is made available on an “as is” basis, without express or implied warranty of any sort including, specically, any implied warranties of tness for a particular purpose, warranties of merchantability or warranties relating to the accuracy or completeness of the database(s). Date created: 3/14/2024 Last Data Uploaded: 3/14/2024 2:26:12 AM 263 ft Overview Legend Parcels Additions A M T Sections Quarter-Quarter Sections Active Rail Line Unincorporated Cities Minor Civil Divisions - Township Water Access Airport Cemetery Parks Lakes PWI Streams and Rivers Major Roads Interstate Hwy US Hwy State Hwy County Hwy Roads STAFF MEMO Prepared by: City Clerk Meeting Date: 3/18/24 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 7 Reviewed by: Item: Discussion on Potential Beltline Funding Formulas (APO) ACTION REQUESTED Discussion only BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION REFERENCE AND BACKGROUND The APO Policy Board met to discuss alternate funding formulas for the Beltline. Mayor Schultz and Councilmember Kluesner will provide an overview of the results of the APO meeting. BUDGET IMPACT STAFF RECOMMENDED ACTION No action required SUPPORTING DATA/ATTACHMENTS Item from APO Policy Board Packet Attachment F E. admin@stcloudapo.org W. stcloudapo.org 1040 County Road 4, Saint Cloud, MN 56303-0643 T. 320.252.7568 F. 320.252.6557 TO: Saint Cloud APO Policy Board FROM: Brian Gibson, Executive Director RE: Potential Beltline Funding Formulas DATE: March 1, 2024 There are two questions to address: 1. For which parts of the project development process should costs be shared, and, 2. How should shared-costs be divided among the jurisdictions? At the February Beltline workshop, it was clear that the normal APO cost distribution formula (i.e., based on population) was not acceptable to some jurisdictions for at least some parts of the beltline development process. APO staff committed to developing a variety of possible alternative formulas, which are shown later in this memo. Shared vs. Individual Costs First, you will recall that the development process occurs in several distinct steps: 1. Planning and concept development 2. Environmental review 3. Final design 4. Right-of-way acquisition 5. Construction At the workshop it was suggested that Steps 1 and 2 should be shared-costs, but steps 3-5 should be the responsibility of the individual jurisdiction(s) which is(are) constructing the project. But there was not unanimous consent about that possibility. The Board should discuss this further and reach a consensus on it. Potential Funding Formulas Using the environmental review for the 33rd Street Mississippi River bridge corridor as an example and using the regular (per capita) APO cost-sharing formula as a starting point we have: Standard Formula Attachment F E. admin@stcloudapo.org W. stcloudapo.org Base APO Formula Member % St. Cloud $90,803.17 45.40% St. Joseph $9,282.11 4.64% Sartell $26,008.69 13.00% Sauk Rapids $18,159.50 9.08% Waite Park $11,327.64 5.66% LeSauk TWP $1,641.41 0.82% Benton County $9,151.43 4.58% Sherburne County $3,799.97 1.90% Stearns County $26,092.05 13.05% Metro Bus $3,734.05 1.87% Total $200,000.00 100.00% First, we explore the possibility of the implementing jurisdiction(s) paying a set percentage of the overall costs. If 65% of the costs were to be paid by the relevant jurisdictions, the costs would break out like this: 65% Formula Member Individual % Grouped Percent Difference from Base St. Cloud $124,778.23 62.39% 65.00% $33,975.06 Sherburne County $5,221.77 2.61% $1,421.80 St. Joseph $6,164.77 3.08% 35.00% -$3,117.34 Sartell $17,273.84 8.64% -$8,734.85 Sauk Rapids $12,060.75 6.03% -$6,098.75 Waite Park $7,523.32 3.76% -$3,804.32 LeSauk TWP $1,090.15 0.55% -$551.26 Benton County $6,077.98 3.04% -$3,073.45 Stearns County $17,329.20 8.66% -$8,762.85 Metro Bus $2,479.99 1.24% -$1,254.06 Total $200,000.00 100.00% 100.00% $0.00 If we increased the responsibility of relevant jurisdictions to 80%, the costs would look like this: Attachment F E. admin@stcloudapo.org W. stcloudapo.org 80% Formula Member Individual % Grouped Percent Difference from Base St. Cloud $153,573.21 76.79% 80.00% $62,770.04 Sherburne County $6,426.79 3.21% $2,626.83 St. Joseph $3,522.73 1.76% 20.00% -$5,759.38 Sartell $9,870.76 4.94% -$16,137.93 Sauk Rapids $6,891.86 3.45% -$11,267.64 Waite Park $4,299.04 2.15% -$7,028.60 LeSauk TWP $622.94 0.31% -$1,018.46 Benton County $3,473.13 1.74% -$5,678.30 Stearns County $9,902.40 4.95% -$16,189.65 Metro Bus $1,417.14 0.71% -$2,316.91 Total $200,000.00 100.00% 100.00% $0.00 Another possibility discussed was dividing costs based on the length of the beltline within each jurisdiction. There are two ways to consider this. The first is to consider only municipal boundaries. In other words, for purposes of this formula, it does not matter who is responsible for maintaining the roadway. If a segment of the beltline falls within a jurisdiction’s boundaries, then that segment is attributed to them. Location Formula Member Individual % Grouped Percent Difference from Base St. Cloud $61,069.67 30.53% 32.15% -$29,733.50 Sherburne County $3,236.73 1.62% -$563.24 St. Joseph $22,656.18 11.33% 67.85% $13,374.07 Sartell $20,306.84 10.15% -$5,701.85 Sauk Rapids $8,529.78 4.26% -$9,629.72 Waite Park $25,924.36 12.96% $14,596.72 LeSauk TWP $6,065.94 3.03% $4,424.53 Benton County $42,950.74 21.48% $33,799.31 Stearns County $9,259.77 4.63% -$16,832.28 Metro Bus $0.00 0.00% -$3,734.05 Total $200,000.00 100.00% 100.00% $0.00 In this illustration I attributed the beltline in Haven Township to the City of St. Cloud based on the orderly annexation agreement. But if it were attributed to Sherburne County it would not impact the amounts paid by the bottom nine jurisdictions. Attachment F E. admin@stcloudapo.org W. stcloudapo.org The other way to consider the length of the beltline is to consider who is responsible for operating and maintaining the roadway. Ownership Formula Member Individual % Grouped Percent Difference from Base St. Cloud $57,188.36 28.59% 30.21% -$33,614.81 Sherburne County $3,236.73 1.62% -$563.24 St. Joseph $8,754.72 4.38% 69.79% -$527.38 Sartell $0.00 0.00% -$26,008.69 Sauk Rapids $0.00 0.00% -$18,159.50 Waite Park $25,359.66 12.68% $14,032.02 LeSauk TWP $0.00 0.00% -$1,641.41 Benton County $59,570.07 29.79% $50,418.64 Stearns County $45,890.46 22.95% $19,798.41 Metro Bus $0.00 0.00% -$3,734.05 Total $200,000.00 100.00% 100.00% $0.00 As you can see, under this formula some jurisdictions would pay nothing. All of the beltline within the city of Sartell, for example, is actually maintained by Stearns County, so that portion of the beltline is attributed to Stearns County. Recommended Action: Decide which costs should be shared and approve a cost-sharing formula. STAFF MEMO Prepared by: Engineer Meeting Date: 3/18/24 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 8a Reviewed by: Item: Resolution Approving County Project within Municipal Corporate Limits ACTION REQUESTED Motion to approve Resolution 2024-018 Approving County Project within Municipal Corporate Limits BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION REFERENCE AND BACKGROUND The attached resolution approves plans for project SP 073-733- 006 Improvements of CSAH No. 133 within the corporate limits of St. Joseph. BUDGET IMPACT $1,200,549.50 STAFF RECOMMENDED ACTION Motion to approve Resolution 2024-018 Approving County Project within Municipal Corporate Limits SUPPORTING DATA/ATTACHMENTS Resolution 2024-018 RESOLUTION APPROVING COUNTY PROJECT WITHIN MUNICIPAL CORPORATE LIMITS WHEREAS, plans for Project No. S.P. 073-733-006 showing proposed alignment, profile grades and cross sections for the improvement of County State Aid Highway No. 133 within the limits of the City of St. Joseph as a State Aid and Federal Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said plans be in all things approved. Dated this 18th day of March, 2024. ATTEST: City of St. Joseph, Minnesota BY: ________________________________ ______________________________ City Administrator Mayor CERTIFICATION State of Minnesota County of Stearns City of St. Joseph I hereby certify that the foregoing resolution is a true and correct copy of a resolution presented to and adopted by the City Council of St. Joseph at a meeting therefore held in the City of St. Joseph, Minnesota, on the 18th day of March, 2024, as disclosed by the records of said City in my possession. ____________________________________ City Clerk/Administrator STAFF MEMO Prepared by: Engineer Meeting Date: 3/18/24 ☐ Consent Agenda Item ☒ Regular Agenda Item Agenda Item # 8b Reviewed by: Item: Resolution Relating to Parking Restrictions along CSAH 133 from CSAH 75 to 15th Avenue ACTION REQUESTED Motion to approve resolution 2024-019 BOARD/COMMISSION/COMMITTEE RECOMMENDATION PREVIOUS COUNCIL ACTION REFERENCE AND BACKGROUND The attached resolution bans parking along CSAH 133 from CSAH 75 to 15th Avenue as part of the upcoming CSAH 133 reconstruction project. The proposed street width does not provide adequate width for on street parking. BUDGET IMPACT N/A STAFF RECOMMENDED ACTION Motion to approve resolution 2024-019 relating to parking restrictions on CSAH 133 from CSAH 75 to 15th Avenue. SUPPORTING DATA/ATTACHMENTS Resolution 2024-019 RESOLUTION 2024-019 RELATING TO PARKING RESTRICTIONS ON County State Aid Highway 133 (S.P. 073-733-006) from CSAH 75 to 15th Avenue within the limits of St. Joseph WHEREAS, THIS RESOLUTION was passed this 18th day of March, 2024, by the City of St. Joseph in Stearns County, Minnesota. The Municipal corporation shall hereinafter be called the “City”, WITNESSETH: WHEREAS, the “City” and Stearns County have planned the improvement of CSAH 133 from CSAH 75 to 15th Avenue; and WHEREAS, Stearns County will be expending State Aid and Federal Aid funds on the improvements of this street; and WHEREAS, the proposed street width does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a State Aid and Federal Aid project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED: That the “City” shall ban the parking of motor vehicles on both sides of CSAH 133 from CSAH 75 to 15th Avenue at all times. Dated this 18th day of March, 2024. ATTEST: City of St. Joseph, Minnesota BY: ________________________________ ______________________________ City Clerk/Administrator Mayor