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August 23, 2004 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us ADMINISTRATION August 20, 2004 MaFor Julienne Ygycko. ff Counciimembers Robert ,4. Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg City Manaeer Waiter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, August 23, 2004, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Bill Hugo, St. Matthew's Lutheran Church l. CALL TO ORDER/ROLL CALl. 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition - none Se CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for the August 9, 2004, regular City Council meeting MOTION: Move to approve the minutes of the August 9, 2004, regular Ciby Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the May 25, 2004, EDA meeting minutes. 3) Establish Special CiW Council Meeting for Tuesday, September 7, 2004, at 7 p.m. in the Council Chambers MOTION: Move to establish a Special City Council Meeting on Tuesday, September 7, 2004, at 7:00 p.m. in the Council Chambers to discuss whether to place the matter of building gymnasiums as a referendum item on the November 2004 general election ballot and, if so, approving language to certify to the County by September 10, 2004. 4) Establish Work Session Meeting Date for Tuesday, September 7, 2004, Immediately Following the 7:00 p.m. Special City Council Meeting MOTION: Move to establish a Work Session meeting on Tuesday, September 7, 2004, immediately following the 7:00 p. m. Special City Council Meeting in City Hall Conference Room 1. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda August 23, 2004 Page 2 of 4 5) Accept Report of Don Salverda from the Leadership Planning Team Building Retreats held July 19 and August 2, 2004, and Adopt Resolutions Adopting Goals, Mission Statement, and Proposed Rules of Conduct for the City of Columbia Heights MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-43, being a resolution adopting the goals by priority of the City of Columbia Heights. MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-44, being a resolution adopting the mission statement of the City of Columbia Heights. MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 200445, being a resolution adopting the proposed Rules of Conduct for the City of Columbia Heights. 6) Approve Class B Premise Application for Columbia Heights Athletic Boosters for Charitable Gambling at Star Central MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 7) Set Budget Work Session Meeting Dates MOTION: Move to set budget work session meeting dates to review the 2005 budget as stated in the council letter. 8) Designate Election Judge Salaries MOTION: Move to waive the reading of Resolution No. 2004-42, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-42, being a resolution designating election judge salaries for the 2004 Primary and General Elections. 9) Approve Change Order No. 1 and Final Payment for Miscellaneous Concrete Project #0300. MOTION: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, in the amount of $10,644.80 with funding out of the appropriate funds. MOTION: Move to accept the work for 2003 Miscellaneous Concrete Repairs and Installations, City Project #0300 and authorize final payment of $1,980.23 to Ron Kassa Construction Inc. of Elko, Minnesota. 10) Establish Date for Public Special Assessment Levy_ Hearing for Zone 6 Seal Coat Project and Zon,, 7A of the Street Rehabilitation Program MOTION: Move to establish Tuesday, October 12, 2004 at 6:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0301 Seal Coat Project, to be held in the City Council Chamber. MOTION: Move to establish Tuesday, October 12, 2004 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0402, Zone 7A Street Rehabilitation, to be held in the City Council Chamber. 11) Authorize Preparation of Plan.q and Specifications for State-Aid Storm Sewer Replacement o,, Central Avenue, South of 49th Avenue MOTION: Move to ordering the preparation of plans and specifications for proposed Storm Sewer Improvements on Central Avenue, south of 49th Avenue, Project #0405. 12)Approve 2005 Business License Fees MOTION: Move to waive the reading of Resolution No. 2004-46, as there are ample copies available to the public. City Council Agenda August 23, 2004 Page 3 of 4 MOTION: Move to approve the Resolution #2004-46, being a resolution adopting the 2005 Business License Fee Schedule as presented. 13) Approve Business License Application.q MOTION: Move to approve the items as listed on the business license agenda for August 23, 2004, as presented. A) B) C) 14) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 109536 through 109709 in the amount of $1,138,247.42. PUBLIC HEARINGS A) Public Hearing Called for Revocation/Suspension of Rental Housing License at 4631-33 Pierce Street N.E. MOTION: Move to close the Public Heating regarding the revocation or suspension of the rental license held by Shadina McClendon regarding rental property at 4631.4633 Pierce Street N.E. in that the property has been sold. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions - none Bid Considerations -none Other Business 1) Approve Conditional Use Permit for Outdoor Storage at 674-682 39~ Avenue N.E. MOTION: Move to approve the Conditional Usc Permit for outdoor storage at 674-682 39th Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Thc outdoor storage shall be located as indicated on the site plan. 2. The fencing along 39th Avenue and 38th Avenue shall be made at least 80 percent opaque. 3. Any materials greater than 6 fi. in height must be stored in the area closet to and behind the principal structure so that visibility of storage is minimized from the public rights-of-way. Typical maximum height of materials to be stored when in crates and on palettes shall be approximately 8 fi. 4. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. The Fire Department does not allow any storage to exceed 20 ft. 5. The Fire Department requires that the business install an approved key lock box on the building per Fire Department policy to provide keys for access to all areas of the buildings, fire alarm/sprinkler system, and yard gates. 6. All weeds shall be removed and area must be maintained in accordance with City Code. 7. The 80% opaque screening must be added to side yard fencing before additional storage area is expanded in the future. 2) Approve the Development Contract and Final Plat for Grand Central Loft,: MOTION: Move to approve the Grand Central Lofts Development Contract between the City of Columbia Heights and New Heights Development and Nedegaard Custom Homes; and furthermore, authorize the Mayor and City Manger to enter into an agreement for the same. MOTION: Move to approve the Final Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. 2. The Developer must dedicate 27 fi. of right of way to Anoka County along the 49th Avenue access. 3. The Developer must install a sidewalk along the 47th Avenue right-of-way from the west boundary of the property east toward Fillmore, and include a sidewalk link to Central Avenue as part of the development of the commercial parcel, Outlot C. City Council Agenda August 23, 2004 Page 4 of 4 4. The Developer must make a park dedication contribution in the amount of $172,500 (or $750 per unit for 230 units) prior to building permit issuance, in accordance with the Development Agreement. 5. The Homeowners Association covenants will be submitted in a form acceptable to the City Attorney, in accordance with the Development Agreement. 6. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall design by a registered engineer. 7. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (.dwg) format. 8. The City's requirement for intersection clear zone, or a 30-foot triangle must be maintained at the public road access on 49th and 47th Avenues, including the landscape and signage plan. 9. A copy of Anoka County's acceptance of the right turn lane construction and lane restriping on 49th Avenue must be provided to the City Engineer. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney e CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/cb OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL AUGUST 9, 2004 THESE MINUTES HAVE NOT BEEN APPROVED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, August 9, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Reverend Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA Wyckoff added a guest presentation. Nawrocki requested discussion of LGA legal action. Wyckoff placed this under item 7C. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Presentation Aurora Johnston, 3977 Polk Street, indicated the need for a recreational facility with gym space and a walking track. She handed out data on the number of youth in our schools and our community. Because of lack of space, some youth must join programs in other communities. As new families move into the community the need for programs increases. The redevelopment of the Kmart site and industrial area will also increase the need. The schools, city, and community education worked together in the past, but now each entity is stretched for funds and are unable collaborate any longer. Johnston indicated that several studies done over the years all indicate the need for some type of recreational facility. Johnston stated that she was present to ask consideration for a bond issue or a referendum on the ballot to build a recreational facility. Nawrocki questioned if it is just gym space or are there other needs not being fulfilled. He stated it was a mistake to remove the NEI building when we have such a need for gyms, and we should continue to work with the School District. Johnston stated that the School District walked away from the Task Force as they are working on their own bonding issue. Ericson stated that her children have been turned away from programs because they were filled and her fourth grade son has had to practice beginning at 9:00 p.m. We do have the need for more facilities that would meet the needs of our residents. Kelzenberg stated that we need such a facility for the youth in our town and the families that will move to the new areas of development. There are economic benefits of holding tournaments in our town. Williams stated the need for a dollar estimate, where to build, and funding to operate a facility. He suggested the Boosters pay for a study on this. Johnston referred to past studies. Williams stated that those studies would be obsolete. Johnston indicated that the information was accurate and would only need to have the price inflated. Fehst stated that the University of Minnesota Design Team would present three formats for the NEI site, for public, private and combination use, including some idea of the cost. City Council Minutes August 9, 2004 Page 2 of 10 Wyckoff referred to the survey completed with the School District indicating the need for a facility and support for a public library. Kay Mayer, 2115 Highland Place, stated that more tournaments and functions could be held if we had the space. The Boosters have given up tournaments because of this. This would have a positive economic impact. Sue Jankowski and Pat Harding, Booster Club Board Members, spoke of potential revenue from additional programs, games, hosting tournaments, and savings from not renting other facilities, with it being in use virtually all year long. Jankowski asked the final date to put this on the November ballot. Fehst stated September 10, 2004. Bob Krause, Booster CEO, indicated that all funds raised by the Boosters goes back to the community through the youth and donations to organizations like the Fire Department. They also intend to contribute to the library fund. B) Recognition Wyckoff introduced Charles Cba'istopherson, Charter Commission retiring member, and presented him with a gift for his service from 1997 to 2004. Mike Hartel, Chairman of the Charter Commission, read and presented the commendation. Hartel also spoke of his outstanding service to the commission. CONSENT AGENDA Walt Fehst took Councilmembers through the consent agenda: 1) Approve City Council Meeting Minutes for July 26, 2004 regular City Council meeting Motion to approve the minutes of the July 26, 2004, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the June 23, 2004 minutes of the Park/Recreation Commission b) Motion to accept the August 4, 2004 minutes of the Planning/Zoning Commission 3) Establish Work Session meeting date for Monday, August 16, 2004, beginning at 7:00 p.m. in Conference Room 1. Fehst listed the agenda items: Presentation from University of Minnesota Design Team for NEI property, Huset Park Master Plan, discussion with the Auditor, Budget Levy review, authorization to prepare plans for state-aid storm sewer replacement Removed for discussion. 4) Adopt Resolution No. 2004-39, being a Resolution designating election judges for the 2004 Primary_ and General Elections Motion to adopt Resolution No. 2004-39, being a Resolution designating election judges for the 2004 Primary and General Elections. RESOLUTION 2004-39 BEING A RESOLUTION DESIGNATING ELECTIONS JUDGES FOR THE 2004 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint qualified voters of each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary and General Elections to be held on September 14, 2004 and November 2, 2004, respectively, with an hourly remuneration of $9.50 for head judge and $9.00 for an election judge. City Council Minutes August 9, 2004 Page 3 of 10 5) Adopt Resolution No. 2004-40 being a Resolution authorizing participation in the Safe and Sober Communities Grant Program. Police Chief Tom Johnson stated this program started last year, and joins us with other Anoka County departments to put additional police officers on the streets looking for anyone not wearing seatbelts or intoxicated. Funds come from the Department of Safety. Motion to waive the reading of Resolution No. 2004-40, there being ample copies available to the public. Motion to adopt Resolution No. 2004-40, being a Resolution authorizing participation in the Safe and Sober Communities Grant Program. RESOLUTION NO. 2004-40 RESOLUTION AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the mission of the Columbia Heights Police Department is to ensure the safety and security of the community. In fulfilling this mission, the Police Department engages in numerous activities including traffic safety education and enforcement; and WHEREAS, the State of Minnesota, Minnesota Department of Public Safety, Office of Traffic Safety recognizes the importance of traffic safety education and enforcement and has developed a grant program called SAFE & SOBER COMMUNTIES to encourage and supplement such efforts; and WHEREAS, the Columbia Heights Police Department has in the past participated in this grant program and again has the opportunity to participate with other Anoka County Law Enforcement Agencies in the current SAFE & SOBER COMMUNITIES grant program which will run fi.om October 1, 2004 through September 30, 2005. NOW, THEREFORE BE IT RESOLVED that the Chief of Police of the Columbia Heights Police Department or his designee is hereby authorized to exercise such agreements and amendments as are necessary to implement the SAFE & SOBER COMMUNITIES project on behalf of the City of Columbia Heights and the Columbia Heights Police Department. 6) Approve transfer of funds from the General Fund to Police Department O.T. Fund, Line 1020 Motion to transfer $3,560, the total amount received from Northeast Metro 916 for off duty traffic and crowd control worked, from the General Fund to the Police Department 2004 budget under line # 1020, police overtime. 7) Authorize Submittal of the Industrial Park Environmental Assessment Worksheet to the 8) 9) Environmental Quality Board Fehst stated the purpose of this motion is to authorize the distribution of the Environmental Assessment Worksheet to the appropriate (30) State and Federal agencies for their comments related to the proposed redevelopment project. Removed for discussion. Establish a Hearing Date of August 23, 2004 for revocation/suspension of rental property license at 4631-4633 Pierce St Motion to Establish a Hearing Date of August 23, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Shadina McClendon at 4631-4633 Pierce St. Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 9, 2004 as presented. City Council Minutes August 9, 2004 Page 4 of 10 10) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 109331 through 109535 in the amount of $1,242,129.51. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items with the exception of items #3 and #7. #3 Work Session meeting date Nawrocki requested a date other than August 16 for the work session meeting, referring to the agreement allowing him to attend the meeting of another organization at least once a quarter. Fehst indicated the intent to hold a work session meeting on August 30 and forego a work session meeting the first week in September. Discussion included alternate dates. Ericson stated she would not be available to meet on September 16th or 30th. Motion by Nawrocki, second by Williams, to establish work session meetings for Monday, August 16, 2004 beginning at 8:00 p.m. and Tuesday, August 24, 2004 beginning at 7:00 p.m. Wyckoff indicated that City Council would not meet on August 30. Upon vote: All ayes. Motion carried. #7 Authorize Submittal of the Industrial Park Environmental Assessment Worksheet (EAW) to the Environmental Quali _ty Board Fehst stated this is a work sheet and is not all inclusive. There are 30 governmental agencies that do an assessment for 30 days and get back to us with their comments. Nawrocki questioned if adopting this establishes what will happen at the site. Ellen Berkelhamer, City Planner, stated this is a fact finding document, which explores the potential of environmental impacts of a project, not approval of a project. The approved conceptual site plan formed the basis for this worksheet. The City cannot approve a site plan until the EAW has been completed. Any recommended changes that reasonably conform to the project would be included. Berkelhamer listed the agencies that would evaluate the report. Copies will be available to the public at the Library and City Hall. Motion by Ericson, second by Kelzenberg, to authorize the submittal of the Environmental Assessment Worksheet to the Environmental Quality Board for publication, which initiates the public comment period, and distribution to required agencies and organizations together with the required press release. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff aye. 4 ayes -1 nay. Motion carried. PUBLIC HEARINGS A) Second Reading to adopt Ordinance #1473, being an Ordinance vacating the alley adiacent to 573 40th Avenue NE Wyckoff stated this is a housekeeping item. Motion by Ericson, second by Kelzenberg, to waive the reading of Ordinance No. 1473, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Kelzenberg, to adopt Ordinance No. 1473, being an ordinance vacating the alley adjacent to 573 40th Avenue NE. Upon vote: All ayes. Motion carried. City Council Minutes August 9, 2004 Page 5 of 10 ORDINANCE NO. 1473 BEING AN ORDINANCE VACATING THE ALLEY ADJACENT TO 573 40TM AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates the alley over, across, and under the following described property, to wit: Lots 15, 16, 17, 18, 19 and that part of Lot 20 lying southerly of the north 54.0 feet thereof in block 54, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota; excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. B) Proposed adoption of a modification to the Downtown Central Business District, the proposed establishment of the Huset Park Area TIF District and the proposed adoption of a TIF Plan Wyckoff indicated this item would be continued, but asked for background information. Mark Ruff, Financial Consultant with Ehlers and Associates, indicated this TIF District is being created to facilitate the redevelopment of the Columbia Heights Industrial Park into a mixed-use development consisting of up to 559 units of owner-occupied housing and a neighborhood retail office development of approximately 15,000 square feet. Negotiations with Schafer/Richardson or the development agreement have not been completed, therefore staff requests a continuation to September 13th. Ruff indicated the objective of tax increment is to capture the increased value of new development, but does not capture it all. In response to Nawrocki's question, Ruff differentiated the effects on the school district operating levy, the excess levy and a levy in the future. The current operating levy or excess levy would not be affected, but if a levy were passed in the next year it would be included. Figures are calculated on the current tax value. Upon project completion, taxes would be collected for the school district, unaffected by TIF, thereby reducing everyone's school district tax. Ruff indicated that Randy Schumacher, Assistant Community Development Director, has presented this TIF information to the Anoka County Board and received positive comments. The County and School District were notified of the Public Hearing this evening. Ruff indicated the current TIF district has been inactive and would be amended thus removing the redeveloped parcels from that district. Nawrocki questioned specific subsections of the plan. Brad Schafer of Schafer Richardson indicated they are working hard with staff on redevelopment, pollution issues, and demolition. They have acquired about 72 percent of the project area and are pleased with the positive reinforcement received from builders in the area with interest in the project. Schafer stated that they hope to start construction in spring. To answer Wyckoff's question, Schafer indicated there would be single level townhouses in this development. Nawrocki indicated concem about the quality of work of one of their proposed builders and felt the homes should be part of a homeowner's association. Schafer indicated that builder would not be part of this redevelopment project. Nawrocki voiced concems regarding increased services required without tax funding. Ruff described the "Pay As You Go" type TIF district. To answer Nawrocki's question, Ruff indicated the City would agree to reimburse an annual percentage of taxes, but not more than was collected. Fiscal disparities must be paid on the small amount of commercial property and could be made from inside or outside the district. To answer Williams' question, Ruff indicated that if a School District operating levy were passed this fall, it would include this TIF district. Motion by Williams, second by Kelzenberg, to continue the Public Hearing to the City Council meeting City Council Minutes August 9, 2004 Page 6 of 10 of September 13, 2004 at approximately 7:00 pm for the proposed adoption of a modification to the Downtown Central Business District, the proposed establishment of the Huset Park Area TIF District and the proposed adoption of a TIF Plan. Upon vote: All ayes. Motion carried. Fehst commented Schafer on their effort to perdition. Schafer indicated there would be additional meetings held to keep the public informed. Nawrocki indicated that he would be looking for more information regarding the TIF impact on the schools. Wyckoff closed Public Hearings C through Q, as the properties have either been brought into compliance or have indicated they will not be renewing their license. c) Public Heating called for Revocation/Suspension of Rental Housing License at 4101 5th St Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Paul Fry Regarding Rental Property at 4101 5th Street in that the Property has been sold and is no longer rental property. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 344 40th Ave, Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by John Gondek Regarding Rental Property at 344 40th Avenue in that the violations on the property have been corrected. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 4410 Central Ave. Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jaqueline Williams Regarding Rental Property at 4410 Central Avenue in that the property has been vacated and is no longer rental property. F) Public Heanng called for Revocation/Suspension of Rental Housing License at 4154-56 2nd St. Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Douglas Evans Regarding Rental Property at 4154-56 2na Street in that the violations on the property have been corrected. G) Public Hearing called for Rev/Suspension of Rental Housing License at 3727 Reservoir Blvd Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Timothy Quass Regarding Rental Property at 3727 Reservoir Blvd N.E. in that the violations on the property have been corrected. H) Public Heanng called for Rev/Suspension of Rental Housing License at 3861 Edgemoor Place Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Bradley Hoag Regarding Rental Property at 3861 Edgemoor Place N.E in that the violations on the property have been corrected. I) Public Hearing called for Rev/Suspension of Rental Housing License at 4610-12 Fillmore St Motion to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Mohsen Dessouki Regarding Rental Property at 4610-12 Fillmore Street in that the violations on the property have been corrected. J) Public Hearing called for Rev/Suspension of Rental Housing License at 4919-21 Jackson St. Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Michael Johnson Regarding Rental Property at 4919-21 Jackson St. in that the property has been sold and is no longer rental property. City Council Minutes August 9, 2004 Page 7 of 10 K) Public Hearing called for Revocation/Suspension of Rental Housing License at 4643 Pierce St Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Richard Meissner Regarding Rental Property at 4643 Pierce Street in that the violations on the property have been corrected. L) Public Hearing called for Revocation/Suspension of Rental Housing License at 4606-08 4th St Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Larry Wakeman Regarding Rental Property at 4606-08 4th Street in that the violations on the property have been corrected. M) Public Heanng called for Revocation/Suspension of Rental Housing License at 4901 5th St Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Donald Woods Regarding Rental Property at 4901 5th Street in that the in that the violations on the property have been corrected. N) Public Hearing called for Rev/Suspension of Rental Housing License at 5252-54 Washington Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Bette Harlan Regarding Rental Property at 5252-54 Washington Street in that the in that the violations on the property have been corrected. o) Public Hearing called for Revocation/Suspension of Rental Housing License at 5229-31 7th St Motion to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Ed Matthes Regarding Rental Property at 5229-31 7th Street in that the in that the violations on the property have been corrected. P) Public Hearing called for Revocation/Suspension of Rental Housing License at 1230-32 Circle Terrace Blvd Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Jennifer Gorka Regarding Rental Property at 1230-32 Circle Terrace Blvd. in that the property has been sold and will be licensed by a new owner. Q) Public Hearing called for Revocation/Suspension of Rental Housing License at 1355-57 Circle Terrace Blvd Motion to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Judith Germain Regarding Rental Property at 1355-57 Circle Terrace Blvd. in that the in that the violations on the property have been corrected. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business Loss of LGA Nawrocki referred to a memo from the City Attorney discouraging involvement in a lawsuit against the State for loss of LGA. Nawrocki questioned if other communities such as White Bear Lake and Worthington were contacted to see if they would be interested in a joint lawsuit. Fehst indicated he has spoken to the AMM Chief Executive and is not aware of any other community suing the State. Wyckoff read the letter from the AMM. Hoer referred to informal discussions with other city attomeys indicating there would be nothing positive from a lawsuit. If funds were received through a court order, the Legislature would remedy it and take it back. Fehst stated that he would be will be willing to speak to Bob Wilson of Worthington City Council Minutes August 9, 2004 Page 8 of I0 and the manager for White Bear Lake. Everyone is aggravated, especially when it was the intent of the Legislature to have us lose this money. Fehst indicated that we could possibly pursue help because of our unique situation like South St. Paul has done. Ericson expressed her disappointment as this discussion was held before and the consensus was that our community would not gain on this technicality. It would be a waste of City forces. Staff was asked to pursue this at the last meeting, resulting in the City Attorney spending time writing the memo. Ericson stated she does not want the City Manager to spend the time calling other communities, as it is a waste of time to try and capture this money. Wyckoff referred to the over $1 million dollars in industrial area clean up funds received, stating we will be filing future applications and do not want to jeopardize our chances to receive these funds. Williams indicated the desire to lobby our legislators on this issue. This cut in aid is a terrific burden on our City. ADMINISTRATIVE REPORTS - nothing to report CITIZENS FORUM Sue Jankowski, 4851 Jefferson, questioned along with the new residential developments what is the City doing to pursue other amenities such as new restaurants. Wyckoff indicated a Sheraton Hotel with a white linen restaurant is in negotiations, a rebuild of the BW3 facility is planned, and new development will attract other restaurants and businesses. Fehst referred to the new businesses at Apache Plaza. He recommended Jankowski join the Rising to New Heights committee, which actively supports the community. Wyckoff indicated that Arby's will close on August 23rd and the property will then be cleared. She described a TV program on "Sahibs Gateway to India" restaurant and encouraged everyone to visit this authentic Indian restaurant. Deb Johnson, 999 41 st, questioned the reason for the special Economic Development Authority meeting last Thursday to discuss the NEI building, when it lasted an hour and a half and no motions were made and no action was taken. Williams indicated that he had an architect from RSP inspect the building and called the meeting with hopes that the building could be saved. Buildings such as this are built to last a lifetime. Wyckoff questioned if the architect visited the Dr. Good building. Williams stated not yet, but he would. COUNCIL CORNER Nawrocki The NEI building was worth talking about, considering the need for gym space. · The Sheraton Hotel has not made a written commitment. · Did not receive a copy of the Comprehensive Sewer Plan. · Requested cost of the stub outs on Quincy Street on park property. Fehst stated this item has come before the Park Commission. He will not support the sale of parkland. · July 26 green sheet - Public Works Assistant leaving. We should not fill this position until the budget process is complete. Fehst indicated the reasons for filling this position and if budget cuts were required that would be for the Department Head to decide. Motion by Nawrocki that the Public Works Assistant position not be filled until after the budget is adopted for next year. Ericson stated that it was the consensus of the Council to not make motions under Council Comer. This should have been placed on the agenda in advance allowing staff to respond. City Council Minutes August 9, 2004 Page 9 of 10 Wyckoff asked ifNawrocki would withdraw the motion. Nawrocki indicated he would not, as Council was not consulted regarding filling this position and the motion only asks to put of filling the position until after the budget is finalized. Fehst referred to current positions that have not been filled. Ericson seconded the motion for purpose of a vote, and asked for a role call vote. Williams indicated he does not want to micro manage, but felt this should be given consideration. Ericson disagreed, indicated that Nawrocki is saying others on the Council do not care about the budget and he is only trying to make a point, and a motion should not be made to make a point. If Council cuts the budget, then it is up to the Department Head to make those cuts. Williams asked to discuss this at the next work session. Kelzenberg stated this would be micro managing. He stated that the Department Head will have to deal with it, and he does not want to deal with more discussion another night. Nawrocki stated it would be worst to hire someone and then let them go. Reduction should be through attrition. There is nothing wrong with making a motion under Council Comer, as it take the place of old and new business. Ericson stated that these issues could have been added to the agenda. Wyckoff indicated she trusts the decision of the Department Head, and indicated there are other positions in this department that have not been filled. Fehst indicated his belief that this is an essential position. Ericson called for the question. Nawrocki state that the motion does not eliminate the position, but allows time to get information from the Public Works Director. Upon vote: Kelzenberg, nay; Williams, aye; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 2 ayes - 3 nays. Motion failed. · Questioned August 9 Green Sheet reference to traffic light changes. Fehst stated this was based on a request to the EDA to allow more time for handicapped pedestrians to cross. · Green Sheet item regarding storm sewer at 39 ½ and 40 cleaning: what is the address. · We need to control the number of rental properties in the community. Ericson referred to the Planning and Zoning Commission minutes indicating that the Fire Department is putting together information on rental licenses and stricter control through inspections. · Gave information from the quarterly meeting of Elected Officials including the Anoka County proposal for a football stadium, and the Anoka County Conservation District. Ericson · All Councilmembers attended National Night Out and rode with our Police Officers. It was a great experience. Personally did a ride-along with our Police Officers; indicated she was extremely impressed with the job our Officers do and how they handle people in the community. Williams · Disappointed that at, er team/goal session we aren't taking this chance to work with department heads on items such as positions to be filled. Fehst spoke of consideration to fill the City Planner and Building Official positions. For a little more money we could provide twice the service with our own City Council Minutes August 9, 2004 Page 10 ofl0 Building Official and the Planner would be entry level for basic planning with sophisticated plans contracted out. · National Night Out: citizens need to hear that we need more officers. The biggest issue is speeding on our streets. · At a meeting, Superintendent Kaldor stated our schools have 3,000 students with 28 different languages spoken. · City auction will be held Wednesday, August 25th through Auction Masters in Osseo. Preview at 3:00 p.m., auction beginning at 5:00 p.m. A list of items can been seen on the City web site or picked up at City Hall. · Continue to pray for the peace and health of our neighbors. Kelzenberg · Enjoyed meeting people at National Night Out. Listening to police statistics, we probably do need more police. · Great softball game between the police/fire and postal workers. SACA benefited from donations received. Wyckoff · National Night Out was very enjoyable. Heard of speeding and property condition problems. · Went to the Moonshoe performance. Very professional and enjoyable. · First Wednesdays with the Mayor will begin on September 1, with speakers Library Director Becky Loader and Recreation Director Keith Windschitl on how these departments operate. · Completed a cable TV show with Community Development Director Bob Streetar and Walt Fehst called "Budget 101". Two copies will be available at the Library. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:58 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES TUESDAY, MAY 25, 2004 CALL TO ORDER/ROLL CALL President Murzyn called the meeting to order at 7:06 p.m. Present: Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby Williams and Bruce Nawrocki, Tammera Ericson, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE Nawrocki expressed his personal displeasure at the way the special meeting was called. Staff is to check with all of the members of this body to see if they are available, not just call a meeting whether or not they are available. Streetar left a message about 5pm yesterday stating the meeting would be at 8pm, he checked with staff today only to find out the meeting was at 7pm, he represents the City on the North Shore Commuter Rail Commission which he signed up for the meeting three or four weeks ago. Fehst asked Wyckoff if she announced the time at the City Council meeting last night. Wyckoff stated she said if you don't hear otherwise, the meeting wouM be at 7pm. Nawrocki said, what the hell does she know, does she set the times. He took the time to talk to Streetar yesterday. Williams asked if everyone was contacted. Bakken stated she either called or e-mailed everyone to see if they could meet tonight instead of last week, as the agreement documents were not ready yet. Streetar stated Cher does the best she can to get a hold of everyone, which takes 3 to 4 hours. The By-laws state we need a quorum, which means we try to get as many to the meeting as possible, but doesn't mean we have to make sure everyone is there. If the body wants staff to do it the other way, we can change the bylaws to reflect this. Nawrocki stated if that's your way to conduct public business to a public body, then you have something to learn. The bylaws don't say you call a special meeting when you get a quorum. They talk about what it takes to transact business. Fehst asked the President if he could speak Nawrocki stated he was talking, stood up and leaned over Fehst, and said when he's done talking he can talk. Fehst told Nawrocki to get out of his face, your not going to threaten me, I'm sick of you threatening everyone. Nawrocki stated, you want to be a professional, then you should talk like one. Fehst stated he was a professional, unlike somebody else that is standing up right now. Fehst wanted it stated for the record that the last time Mr. Nawrocki stood up at a public meeting, there were several employees that were threatened by the way he handled himself, he also felt threatened, Nawrocki is creating a hostile work environment, and that he intends to seek legal action to see if Nawrocki can be thrown out of a meeting for this type of behavior. Economic Development Authority Meeting Minutes May 25, 2004 Page 2 of 7 Nawrocki stated Fehst is acting anything but a professional Fehst stated he was protecting his employees. Nawrocki asked, who he threaten. Fehst stated he threatened everyone in this room by his wild behavior. Nawrocki told him to get offhis back, if you feel threatened, you don't know what threatened is. Murzyn stated the way we will handle this, when staff feels there is need for a special meeting, is that we will endeavor to get everybody there, but it will be problematic and sometimes it will come down to a decision whether we have the meeting or not. Streetar stated that wouM be Murzyn's decision to make, not his. Nawrocki stated the irony of this meeting is that we have no business having this meeting, were going to be asked to approve a contract to purchase something that this body does not have the money or commitment, you should check the laws to see ifa public body should be spending money that it doesn't have. Fehst asked Murzyn if we could just conduct business tonight and whatever has to be sorted out by the council, can be done later, as we do have an item on the agenda. CONSENT AGENDA Financial Report and Payment of Bills MOTION by Ericson, second by Wyckoff, to approve the financial report for the month of April 2004. All ayes. Motion Carried. Approval of Minutes MOTION by Ericson, second by Kelzenberg, to approve the minutes of April 20, 27 and May 10, 2004 with the amendment on page 8 of the April 20th minutes to read as follows: MOTION by Kelzenberg, second by Murzyn, to Approve the Predevelopment Agreement with Williams-Peterson Partnership, subject to review and approval by the City Attorney; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Murzyn- Aye,. Jindra- Aye, Wyckoff- Aye, Nawrocki- Aye, Ericson- Aye, Kelzenberg- Aye, Williams- abstained. Motion Carried. All ayes. Motion Carried. Nawrocki asked what are we going to do about the $368,649.89 budget deficit under the EDA summary. Streetar stated when the board approved the budget last year, authorizing a levy of $222,648, which was to be levied under the EDA levy and transferred into fund 201-46310 and that this report shows the money will pass through there. The $581,962 is the money the City Council loaned the EDA, which came in through this fund. This is an item staff is addressing with the finance department. Nawrocki stated the Parkview Villa North management services report had a negative variance of about $9,508. Streetar stated this deficit is due to the money we owed Crestview for their services through January, 2004. Bob Lindig, from Walker will be at the July HRA meeting to explain in detail the Parkview Villa budget. Nawrocki asked staff to provide him with a January Economic Development Authority Meeting Minutes May 25, 2004 Page 3 of 7 report for Parkview Villa. Streetar stated staff will provide him with that information as soon as it is available. Streetar also explained to Nawrocki that in the past, payment vouchers came from Parkview Villa, were signed by Crest View staff, by him, by Fehst and Elrite prior to payments being processed. With Walker managing Parkview Villa, we provided them with cash to process and manage the budget, thus eliminating staff time. Bob Lindig with Walker will be providing the monthly financial reports from February through April and will be submitting them on a monthly basis from this point forward. Nawrocki stated this wasn't a good way to monitor the finances. Jindra stated that vendors use to complain abOut not getting their payments on time, which will be eliminated with this new process. ITEMS FOR CONSIDERATION Adopt Resolution 2004-06~ Approving the Purchase Agreement for acquisition of 3939 Central Avenue Streetar stated City Council identified 39th and Central as a redevelopment opportunity in January of 2002. Over the last year and a half, Burger King has been in contact with staff stating they are ready to sell. The purchase agreement before you is the same agreement used for the purchase of the NEI property, with the exception of the sellers name, closing would be 90 days instead of 60 days and the purchase price. The property is a little over an acre, was appraised by Burger King in 2001 which stated the land and building was worth $700 and the FFE was worth $200, it is a 2,500 square foot site, this year the EDA had it appraised with the land and building worth $807,000 and the FFE worth $125,000. Staff recommends the board consider acquiring the property for an amount of $620, 000. This amount is based on the appraisal done by the City, with the land worth $421,000, which he rounded to $420,000 or $9 square foot. The EDA wants the land, not the building. The appraisal shows that Burger King had declining growth sales in 2000 of about 3% and almost 7% in 2001. Then staff used the average percentage of declining sales of 5% carried forth for 2002, 2003, 2004, which brought the growth sales down to $614,000, plus or minus. According to the appraiser, this is a good approximation of the value of the property. We could offer another $200,000, which is a reasonable price, start low and let them negotiate up from there. If the EDA does decide to purchase the property, there probably won't be anything built on it for at least a year or two and the property will appreciate, thus the City can capture that value. Williams asked if there are any CDBG funds available for this, are the owners of Burger King okay with this purchase price and are they planning on relocating in town. Streetar stated the CDBG funds have been already spent for this year and that the owners are giving us the impression that they are ready to sell and have been looking at other sites along Central Avenue to buiM on. Wyckoff asked if Burger King would be willing to rent the building from us. Streetar stated he had not approached them with that idea, but it was a good idea and could check into it. Economic Development Authority Meeting Minutes May 25, 2004 Page 4 of 7 Nawrocki stated the agreement says the buyer will conduct a Phase 1 Environmental Assessment, what will that cost and is it necessary. Streetar stated it would be approximately 3 to 4 thousand and is recommended by Steve Bubul, Kennedy and Graven that anytime you buy commercial property this should be done to determine if there is any contamination on the property to protect the City from any legal liability. Nawrocki stated the City does not have funds available and where is the security clause in the agreement. Streetar stated it is on page 3, number 7, D in the agreement. Williams stated maybe we should low-baH the purchase price, ask them to take the equipment and building, and then they would come back to us with a counter offer. Maybe we should offer · them $500,000 or $525,000. Williams asked if Nath is the owner and operator. Streetar stated they are. Ericson stated she fears that if we low-baH the purchase price, they couM go out and sell the building to another fast food, which wouldn't clean up the area. Nawrocki stated it looks like he is the only one at the table that has had any experience with buying and selling any property. Fehst stated he doesn't knOw that. Nawrocki stated he does know and asked what did he say, you left off some words, I said, I think. Williams stated he did think it is necessary we buy this property right now, there is no hurry, we should let them have the building and equipment. Wyckoff asked what is the parking ramp fund that Elrite is suggesting using. Streetar stated the $723,000 comes from funds not used when the parking ramp was built. These funds would come in the form ora loan, which would leave about $30,000 to pay for our share of the operating expenses for one or two years. Fannie Mae has an American Community Fund, where we can borrow from them at a lower interest rate and they use the land as security that we could also apply for. Fehst asked if staff needs to set up a quick special meeting to vote on a purchase price, are the commissioners going to be able to meet. The majority of the commissioners said yes. Streetar stated staff needs direction from the board what to offer and a possible counter offer amount. Murzyn directed staff to offer $420,000, offer relocation services, with them taking the building and equipment and as a counter offer use $550,000. ADMINISTRATIVE REPORTS Industrial Park Redevelopment Schumacher stated $chafer-Richardson has obtained a purchase agreement with the foundry owners, leaving Grief Brothers and Buckles and Buckles as the only two properties left to purchase, the parkway design is getting close to completion, Kevin Hansen is working with Bonestro on the surface water management and Schafer-Richardson should have some site plans ready for review within the next two weeks. Economic Development Authority Meeting Minutes May 25, 2004 Page 5 of 7 Aldi's Grocery Store Streetar stated the owners of Aldi 's, has entered into a purchase agreement with Nedegaard for theproperty on the corner of 47tn and Central where Arby's is currently located. Staff has not seen any plans at this time for the project site. Administration Issues Streetar stated Chef has done an excellent job at organizing the department so that we can bring down the propertyfiles and administer the Homesteading process. There are 250 to 300 applications that come in per year and Chef and Shelley will be taking on those duties and Randy is alsO doing a fantastic job on the Industrial site project. Introduction Streetar introduced Kim Green, who is a grad student at the Humphrey Institute, who is working this summer in the Community Development Department on the Truth in Housing program, along with learning how the department functions. Murzyn stated, if there wasn't anymore business to come before the board, he would call for a motion to adjourn. Nawrocki stated before they Close, he would like to address the statement the manager made accusing him of threatening everyone at this table and would like to know if this was true. Ericson stated she felt very uncomfortable with the way this meeting has gone, he monopolizes 80% of the conversation, carry on a free flowing conversation with everyone and the minute someone else carries on a free flowing conversation, he makes a crack about following the rules and raising your hand to be noted. She was very disappointed in the way this board makes light of this action, was extremely offended, finds it very frustrating that day after day she comes to try and do the best she can for this City, she appreciates his thoughts and concerns, but will not tolerate in which he talks to her, other members of council or members of staff She was very close to walking out of the meeting as she finds this unacceptable, admitted that she too has made a joke or laughed at something he has said, just to break the ice, but felt this has got to stop, as it is no longer a joke, it is a threat and will not stand for it anymore. This is a public body and a public meeting and people should feel comfortable speaking their opinion. She would not speak for anyone else at the table, but stated he does not help provide a comfortable environment for people and requested the board come to an agreement on how they are going to act at a public meeting. Wyckoff stated she agreed with Ericson exactly, and heard him say to Carson a few weeks ago that his behavior and words was not appropriate at these meetings, yet he goes ahead and uses the same words and actions. She will stand behind Fehst if he needs to seek any legal action, and told Nawrocki to stop pointing his finger at her. Nawrocki stated that was tough luck. Ericson stated that is the attitude that is inappropriate, what about saying I'm sorry you feel that way Madam Mayor. It is just common courtesy. I don 't always agree with what you are saying, but she doesn't stand up and say you are wrong. It is important to provide a working environment for staff where they don't feel intimidated and afraid to speak their mind. Nawrocki Economic Development Authority Meeting Minutes May 25, 2004 Page 6 of 7 stated he has never heard anyone around here, afraid to speak there mind and hasn't threatened anybody. Ericson stated she felt threatened when she seen him stand up, lean over our City Manager and you say nobody in this room has the right to speak until I sit down, which is not your decision, it is our bodies decision, our Presidents decision. Nawrocki stated when somebody has the floor, you should not be interrupting, you like to criticize me for interrupting but don't say a word about Fehst interrupting. Ericson stated she has basically given up on trying to be the good guy, trying to raise her hand and felt intimidated by that comment, which wasn't appropriate. Nawrocki stated then she had a problem. Ericson stated she did, and felt that as a body we need to come to an agreement as to what is acceptable to all of us and stick to it. Nawrocki stated he hasn't threatened anyone, doesn't like to be lied to and when he senses that he is being lied to he is going to speak up, call it anything you want, say it is intimidating, no one has been physical threatened by me. Ericson stated this is the year 2004, which has laws that protect people from having an environment in which they feel uncomfortable. As a co- councilmember with him, she would take his position much more seriously, be more open if she feels he isn 't presenting it as an attack. She isn't telling him how to behave, as she respects what he has to say, his experience in the City, and that he often has very, very, good points to make. Suggested maybe they all needed to go back to raising our hands, and being announced by the President before speaking. Schumacher asked if there has ever been any kind of workplace training done in the City, that explains how to act in a government working environment. Nawrocki asked if this program is available for staff also. Schumacher stated it was. Fehst stated he wasn't aware of any training in the City. Jindra stated in the past, she has walked out of a meeting because of his actions and hates to see people who are friends go after each other like she has seen. Wyckoff stated she often feels that she cannot speak, doesn't even want to express an option because she is afraid he will attack, call her stupid, say grow up, or something degrading in public. Sometimes it is just easier to let him go on, but it is intimidating, which is a threat and a form of a hostile environment. Fehst thanked everyone for speak on this issue, and stated that if one person feels intimidated, and he certainly does, he will not be badgered and will not be bullied. He did have a conversation with a couple of employees after the last worksession and there is no question in his mind that Nawrocki is putting the City in jeopardy for legal action. Nawrocki asked, who he talked to. Fehst stated he has sworn to secrecy. Nawrocki stated he is waiting for when this body insists that we get straight stories, good information, and that we get the pros and cons. Ericson stated that isn't what she was talking about. She was talking about the meeting conduct, the way in which we conduct ourselves. Fehst stated Nawrocki is stepping over the line and wanted it on record. Economic Development Authority Meeting Minutes May 25, 2004 Page 7 of 7 Ericson called the record of adjournment. ADJOURNMENT Motion by Williams, second by Jindra, to adjourn the meeting at 8:43 p.m. All ayes. Motion Carried. Respectfully submitted, Cheryl Bakken Community Development Secretary H:XEDAmmutes2004LMay 25, 2004 CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: CONSENT ~ ~ ORIGINATING DEPARTMENT: CITY MANAGER' NO: ~ /~~ CITY MANAGER'S APPROVAL S ITEM: ESTABLISH SPECIAL COUNCIL MEETING BY: WALT FEHST BY: ~'~-~ FOR TUESDAY, SEPTEMBER 7, 2004 DATE: 8-18-04 DATE: NO: It is recommended that a special council meeting be scheduled for Tuesday, September 7, 2004, at 7:00 p.m. in the Council Chambers. The reason for this special council meeting is to discuss whether to place the matter of building gymnasiums as a referendum item on the November 2004 general election ballot, and if so, approving language to certify to the County by September 10, 2004. RECOMMENDED MOTION: Move to establish a special city council meeting on Tuesday, September 7,2004, at 7:00 p.m. in the Council Chambers to discuss whether to place the matter of building gymnasiums as a referendum item on the November 2004 general election ballot and, if so, approving language to certify to the County by September 10, 2004. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPROVAL WORK SESSION MEETING DATE BY: WALT FEHST NO: It is recommended that a work session meeting be scheduled for Tuesday, September 7, 2004, immediately following the 7:00 p.m. Special City Council meeting on September 7, 2004, in City Hall Conference Room 1. RECOMMENDED MOTION: Move to establish a work session meeting on Tuesday, September 7,2004, immediately following the 7:00 p.m. Special City Council Meeting in City Hall Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER'S APPROVAL STATEMENT, AND RULES OF CONDUCT FOR DATE: 8-18-04 DATE:~'-- '7~'~ THE CITY OF COLUMBIA HEIGHTS On July 19 and August 2, 2004, members of the City Council and staff met for goal setting sessions facilitated by Don Salverda from Salverda and Associates. Attached is a copy of Mr. Salverda's report. The following are the highest priorities as drafted at the retreat: External: Goal #1: Goal #2: Goal #3: Goal ~4: Goal #5: To continue to provide quality services with limited funding TO understand and adapt to the demographic changes taking place in the city To improve the city's housing stock To attract new residents and retain existing residents and homeowners---to promote household growth to stabilize the tax base To continue to redevelop the city's commercial and industrial property Internal: Goal #1: Goal #2: Goal #3: Goal #4: Goal #5: To improve overall teamwork and communication between council and staff and among the entire leadership team. To develop a 5-10 year long-range plan for the city. To develop alternate revenue streams to adapt to reduced government aid To update the city's 1-3 years goals To place greater effort on attracting and retaining quality staff and providing leadership training and development opportunities for staff. It is the City Manager's plan to assign specific areas of responsibility with monthly, quarterly, and semi-annual target dates for reports due on the progress of these goals. Monthly progress will be reported to the City Manager. Quarterly and semi-annual progress reports will be submitted to the City Council (preferably with sit-down review with department heads semi-annually). The Council is also being asked to accept and adopt the Mission Statement and the proposed Rules of Conduct for the City of Columbia Heights (also attached). MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-~, being a resolution adopting the goals by priority of the City of Columbia Heights. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: RESOLUTION ADOPTING GOALS, MISSION BY: WALT FEHST BY: E~/~/~~ STATEMENT, AND RULES OF CONDUCT FOR DATE: 8-18-04 DAT THE CITY OF COLUMBIA HEIGHTS NO: Page 2 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-~, being a resolution adopting the mission statement of the City of Columbia Heights. MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-~, being a resolution adopting the proposed Rules of Conduct for the City of Columbia Heights. COUNCIL ACTION: Donald Salverda & Associates Roseville Professional Center * Suite 511 · 2233 N. Hamli,~e Aw.hue * Roseville, MN 55113 (651) 484-1335 CITY OF COLUMBIA HEIGHTS COUNCIL AND DEPARTMENT HEAD 2004 LEADERSHIP- PLANNING- TEAM BUILDING RETREAT F_~ECUTIVE SUMMARY f f f f f f f f F F I II III IV V VI VII VIII IX X Xl Xll Xlll XlV XV XVl CITY OF COLUMBIA HEIGHTS COUNCIL AND DEPARTMENT HEAD 2004 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT TABLE OF CONTENTS PaRe INTRODUCTION ....................................................... ~ ............... 1 INTRODUCTORY REMARKS ....................................................... 2 COMMUNICATION ENHANCEMENT ............................................. 3 REVIEW OF PROGRESS BEING MADE ........................................ 3 LEADERS AND MANAGERS ARE BEING CHALLENGED ................. 3 CHANGES THAT HAVE, AND ARE EXPECTED TO, IMPACT THE CITY .................................................................................. 4 ISSUES AND OPPORTUNITIES FACING THE CITY ....................... 4 THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES ................................................... 4 PRELIMINARY ACTION PLANS TO ACHIEVE THE GOALS ............... 4 ROLES AND RESPONSIBILITIES .............................................. 5 EXPECTATIONS AND CONTRIBUTIONS .................................... 5 THE CITY'S MISSION STATEMENT, VALUES STATEMENT AND RULES OF CONDUCT ....................................................... 5 ORGANIZATIONAL CLIMATE QUESTIONNAIRE .......................... 6 CLOSING REMARKS ............................................................ 6 EVALUATION OF THE RETREAT ............................................ 7 RECOMMENDED FOLLOW-UP ACTIONS ................................... 7 ATTACHMENTS ..................................................................... 8-33 f f CITY OF COLUMBIA HEIGHTS COUNCIL AND DEPARTMENT HEADS 2004 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT INTRODUCTION The city council, city manager, and department heads of the City Of Columbia Heights held a 'Leadership - Planning - Team Building Retreat the evenings of July 19 and August 2, 2004. The retreat was held at the John P. Murzyn Hall in Columbia Heights. The retreat facilitator was Don Salverda, President of Donald Salverda & Associates of Roseville, Minnesota. Participants in all or parts of the retreat were: 1) Julienne Wyckoff 2) Tami Ericson 3) Bruce Kelzenberg 4) Bruce Nawrocki 5) Bobby Williams 6) Walt'Fehst 7) Linda Magee 8) Bill Elrite 9) Joe Kloiber 10) Aleksandr Chernin 11) Larry Scott 12) Tom Johnson 13) Bill Roddy 14) Charlie Thompson 15) Gary Gorman 16) Becky Loader 17) Keith Windschitl 18) Bob Streetar 19) Randy Schumacher 20) Kevin Hansen 21) Lauren McClanahan 22) Kathy Young 23) Schawn Johnson Mayor Councilmember Councilmember Councilmember Councilmember City Manager Assistant to City Manager/HR Director Finance Director Assistant Finance Director IS Director Liquor Operations Manager Police Chief Police Captain Fire Chief Assistant Fire Chief Library Director Recreation Director Community Development Director Community Development Assistant Public Works Director/City Engineer Public Works Superintendent Assistant City Engineer Public Works Administrative Assistant The pdmary objectives of the retreat were: 1) 2) 3) 4) 5) 6) 7) 8) To review progress being made by the city To enhance communication and develop renewed team spirit among participants To discuss changes that are likely to impact the city To develop consensus on issues and opportunities facing the city (1-3 year perspective) To develop an updated goals program for the city (1-3 year perspective) To develop preliminary action plans to address the highest priority goals To review the roles of the city's leadership team To be both educational and enjoyable This report summarizes the results of the retreat and includes recommendations for follow-up actions to be taken. II INTRODUCTORY REMARKS Mayor Julienne Wyckoff welcomed participants to the retreat pointing out the importance of communication and team work between the council and department heads, the need to develop consensus on issues facing the city, and to update goals for the city. She indicated that the council and department heads are all on the same team and need to work together in a positive environment. City Manager Walt Fehst also welcomed participants to the retreat and expressed his interest in having council members and department heads 'l'ocus on the big picture" and prioritize the city's major goals. He then introduced the Retreat Facilitator, Don Salverda. 2 T T T T f f f f f III V COMMUNICATION ENHANCEMENT After introductory remarks were made, the facilitator indicated .that one of the primary objectives of the retreat was to enhance communication among the participants. The first activity began the communication process by providing the participants the opportunity to share backgrounds, perspectives on the greatest challenges facing the city, and expectations for the retreat. Many of the challenges cited by participants were incorporated into later discussions on Issues and Opportunities facing the city. The refreshment breaks, meals, and group discussions provided additional opportunities to further enhance communication. See Attachment A for the Greatest Challenges Facing the City and Expectations for the Retreat REVIEW OF PROGRESS BEING MADE The next activity focused on a review of progress being made by the city during the last year. It was agreed that significant progress has been made in a number of areas. Participants also discussed problems that have been encountered and lessons that have been learned. Participants rated the city's performance as being very good. Participants also agreed there is reom for improvement. See Attachment B for the Review of Progress being made by the City LEADERS AND MANAGERS ARE BEING CHALLENGED The facilitator provided information on leadership, pointing out that leaders and managers at all levels of organizations in both the public and private sectors are being challenged as never before. In the public sector, government officials and professional staff are faced with the dilemma of meeting increasing service needs with limited funding capability. It was pointed out that in year 2004 and beyond increased emphasis is being placed on individual leadership and leadership development within organizations. The facilitator provided a number of resource materials on leadership, including the Dan Goleman article on '~/Vhat Makes a Leader" that were referred to throughout the retreat. He further challenged participants to either lead, follow, or get out of the way. 3 VI CHANGES THAT HAVE, AND ARE EXPECTED TO, IMPACT THE CITY VII VIII Participants next defined and discussed significant changes that have impacted the city during the last five years, and those that are expected to impact the city in the next five years. See Attachment C for the Listing of Changes that have, and are expected to, impact the City ISSUES AND OPPORTUNITIES FACING THE CITY Participants identified a number of issues and opportunities facing the city. The listing provided a fresh update and consensus on needs and opportunities to be addressed by the city. See Attachment D for the Updated Listing of Issues and Opportunities facing the City THE GOALS PROGRAM TO ADDRESS THE ISSUES AND OPPORTUNITIES The identified issues and opportunities were then converted into a proposed goals program for the city for 2004-2006. The goals program includes five external goals and five internal goals. See Attachment E for the Proposed Goals Program to Address the Highest Priority Issues and Opportunities IX PRELIMINARY ACTION PLANS TO ACHIEVE THE GOALS Participants developed and discussed preliminary action plans for the highest priority goals. These preliminary action plans will be refined and further developed under the guidance of City Manager Walt Fehst, and be provided to participants in a separate report from the city manager. 4 X Xl Xll ROLES AND RESPONSIBILITIES Participants reviewed and briefly discussed the major roles and responsibilities of the city council, individual council members, the mayor, the city manager, department heads, city employees and citizens. The listing was developed in a neighboring city. It was agreed the roles and responsibilities are applicable to the City of Columbia Heights. See Attachment F for the Listin;I of Maior Roles and Responsibilities EXPECTATIONS AND CONTRIBUTIONS Participants next discussed expectations that the governing body (the council) has of the staff and the staff has of the governing body. Participants also discussed the contributions that each group brings to the leadership team. See Attachment G for the Listing of Expectations and Contributions THE CITY'S MISSION STATEMENT, VALUES STATEMENT, AND RULES OF CONDUCT The Mission Statement The mission statement is a statement that describes the organization's overall purpose and reason for existing. The facilitator suggested a simple modification to the city's existing mission statement. The Values Statement The values statement reflects the spirit of the city and defines the core values that guide the day-to-day activities of city personnel. The community has a set of core values that the city administration supports. 5 The Rules of Conduct To help ensure that the council operates in a professional, respectful, and civil manner participants reviewed a proposed rules of conduct statement provided by the facilitator. See Attachment H for the City's Proposed Revised Mission Stetement~ the City's Values Statement, and Proposed Rules of Conduct Xlll XlV ORGANIZATIONAL CLIMATE QUESTIONNAIRE Participants each filled out an Organizational Climate Questionnaire indicating their perceptions as to where the city is "currently at" and where it "ought to be" in seven dimensions. Participants indicated that there is room for improvement in a number of areas. See Attachment I for the Summary of the Organizational Climate Questionnaire CLOSING REMARKS The retreat concluded with the facilitator challenging the participants to make a positive impact in their leadership roles. He pointed out the interdependency of the city council and staff, and the need to be mission and goal driven. He further challenged participants to be continuous learners, to accept, and appreciate diversity, to be team players, and to focus on the "big picture." Mayor Julienne Wychoff and City Manager Walt Fehst closed the session by thanking the facilitator for organizing and leading the retreat and the council members and department heads for participating. 6 r F F F F F F F F F F F F XV XVI EVALUATION OF THE RETREAT The retreat was very well received by participants with an overall rating of 4,0 on a scale of 1 = Iow and 5 = high. See Attachment J for the Evaluation of the Retreat RECOMMENDED FOLLOW-UP ACTIONS It was agreed that considerable progress was made at the retreat and that follow- up actions are needed. A recommended sequence of actions are: 1) The mayor, council members, and city manager review the Executive Summary of the retreat 2) The city manager fine tunes the prioritized issues and opportunities, and the recommended goals program for city council consideration 3) The city council approves and formally adopts the finalized goals program, the revised mission and vision statements, and the proposed rules of conduct 4) Action plans be developed for each goal under the guidance of the city manager 5) The city council and city manager monitor progress on achievement of the goals during the year 6) A follow-up retreat be scheduled in one year to evaluate progress and update the goals program Executive Summary Written by the Retreat Facilitator Don Salverda Donald Salverda & Associates Roseville Professional Center, Suite 511 2233 North Hamline Roseville, MN 55113 (651) 484-1335 - 7 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) Attachment A I GREA'[EST CHALLENGES FACING THE cITY1 "To maintain existing service levels" "The city's finances" "The city's redevelopment" "To study, understand, and react to information collected from various sources" "The need for more recreational space" "Limited resources" "The budget" "The city's diversity - demographic changes" "Limited rental property" "Communication with the public" "The growth of community resources and property" "Keeping the city competitive" "Housing" "A lack of long-range planning" 8 Attachment A continued 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) [EXPECTATIONS FOR THE RETREATI "For council and staff to work better as a team" "To clarify the city's goals" "Teamwork" "To meet new people" "To listen to others and get insight" "Improved communication with council and staff, and among department heads" "To focus on the expectations of the city" "To discuss how to do more with less" "To set priorities" "To better understand, appreciate, and enjoy each other" "To improve leadership understanding and skills" "To get updated" "To develop better council and staff continuity" 9 f f f f THE SUCCESSES REVIEW OF PROGRESS 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) "The continued delivery of public services with limited resources" "The K-Mart redevelopment" "The passing of the I & I Ordinance" "Increased revenues at the liquor store" "The purchase of a new fire truck" "The city received a 1.3 million dollar clean-up grant" "Central Avenue improvements" "Improved design guidelines for Central Avenue" "Parking regulations and enforcement" "Improvements in the city's infrastructure" "Discussing creative approaches to business development" "Holding a council - department head Leadership Retreat" "Overcoming cuts in local government aid" Attachment B 10 T T T r f Attachment B continued THE PROBLEMS ENCOUNTERED 1) "Not enough teamwork at the council level" 2) "Overcoming financial problems" 3) "The city hasn't had a goal setting session for many years" 4) "Trying to do too much with limited staff" 5) "Overcoming a resistance to change" 6) "Having unrealistic expectations" 7) "The city has some bad ordinances" 8) "Unfunded mandated services" 9) "Too much short-term thinking" 10) "Addressing the city's adversity" LESSONSLEARNED 1) "The council and staff needs to work together better" 2) "The council and staff needs to do a better job of setting and prioritizing goals" 3) "Too many people simply resist change" 4) "The city needs to be more proactive" 5) "The written word many times needs clarification" 11 Attachment C CHANGES THAT HAVE IMPACTED THE CITY OVER THE LAST FIVE YEARS IMOST SIGNIFICANT I 1) The increased diversity within the city 2) The reduction in local government aid revenues 3) Increased demand for services 4) The market value of homes has decreased relative to other communities 5) New people on the council 6) Upgrading of the city's infrastructure 7) The city has utilized new and updated technology ISIGNIFICANTI 8) A changing perception of the city in the eyes of the public 9) Two "huge" redevelopment projects 10) City has a more proactive community development department 11) A slowdown of industrial growth in the city 12) Changes in staff 13) An increasing value of property 14) An increased focus on revenue enhancement issues 15) The closing of K-Mart'and the redevelopment of the area 12 f Attachment C continued CHANGES EXPECTED TO IMPACT THE CITY - IN THE NEXT FIVE YEARS MOST SIGNIFICANT 1) Increased diversity within the city 2) The "reinvention" of how the city is financed 3) The city will be forced to make the tough decisions on a number of issues 4) The city's housing stock will be upgraded for improved "point of sale" 5) The elimination of local government aid revenue 6) Improved teamwork among council members and staff, and an improved quality of leadership 7) Increased inter-jurisdictional cooperation and collaboration 8) The city will have more amenities 9) Technology improvements 10) The city will be more efficient - "doing more with less" 11) 12) 1~) 14) 1~) SIGNIFICANT Increased aggressiveness for commercial property The continuation of unfunded mandates Increased need for recreational property and services The role of government will change Increasing numbers of infrastructure problems 13 f f r f r f r f # Votes in top 7 Council & Staff 20 (5+15) 18 (5+13) 18 (3+15) 15(4+11) 17 (2+15) 16 (2+14) 11 (4+7) 14 (3+11) 12(1+11) 8 (3+5) Rank 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) Attachment D IISSUES AND OPPORTUNITIES IHIGHEST PRIORITY The need to continue to provide quality services with limited resources The need to understand and adapt to the demographic changes taking place in the city The need to improve the overall teamwork and communication between council and staff The need to improve the city's housing stock The need to develop a 5-10 year long-range plan for the city The need to develop alternative revenue streams to adapt to reduced local government aid The need to attract new residents and retain existing homeowners and residents - to promote household growth to stabilize the city's tax base The need to place greater effort on attracting and retaining quality staff and providing leadership training and development opportunities for them The need to update the city's 1-3 year goals The need to continue to redevelop the city's commercial and industrial property --- 14 # Votes in top 7 Council & Staff 7 (2+5) 6 (0+6) 3 (1+2) 2 (1+0) Rank 11) 12) 13) 14) IPRIORITY J Attachment D continued The need to invest in infrastructure rehabilitation The need to continue to adapt to new technologies when and where needed The need to increase inter-jurisdictional cooperation and collaboration The need to improve the effectiveness and efficiency of the organization; i.e., to do more with less 15 GOAL #1 GOAL #2 GOAL #3 GOAL GOAL #5 Attachment E IUPDATED GOALS PROGRAM - 1-3 YEAR FOCUS EXTERNAL GOALS TO CONTINUE TO PROVIDE QUALITY SERVICES WITH LIMITED FUNDING TO UNDERSTAND AND ADAPT TO THE DEMOGRAPHIC CHANGES TAKING PLACE IN THE CITY TO IMPROVE THE CITY'S HOUSING STOCK TO ATTRACT NEW RESIDENTS AND RETAIN EXISTING RESIDENTS AND HOMEOWNERS - TO PROMOTE HOUSEHOLD GROVVTH TO STABILIZE THE TAX BASE TO CONTINUE TO REDEVELOP THE CITY'S COMMERCIAL AND INDUSTRIAL PROPERTY 16 GOAL #1 GOAL #2 GOAL #3 GOAL GOAL #5 Attachment E continued lINTERNAL GOALS TO IMPROVE OVERALL TEAMWORK AND COMMUNICATION BETWEEN COUNCIL AND STAFF AND AMONG THE ENTIRE LEADERSHIP TEAM TO DEVELOP A 5-10 YEAR LONG-RANGE PLAN FOR THE CITY TO DEVELOP ALTERNATE REVENUE STREAMS TO ADAPT TO REDUCED GOVERNMENT AID TO UPDATE THE CITY'S 1-3 YEARS GOALS TO PLACE GREATER EFFORT ON ATTRACTING AND RETAINING QUALITY STAFF AND PROVIDING LEADERSHIP TRAINING AND DEVELOPMENT OPPORTUNITIES FOR STAFF 17 1) 2) 3) 4) 5) 6) Attachment F ROLE AND RESPONSIBILITIES OF THE CITY COUNCIL MOST SIGNIFICANT To provide leadership, direction, and long-range planning for the city To determine policy for the city To hire and monitor the performance of the city manager (to manage city operations) To adopt an annual budget for the city To represent the collective best interests of the city and the citizens of the city To inform residents of major issues facing the city 18 1) 2) 3) 4) 5) Attachment F (continued) ROLE AND RESPONSIBILITIES OF INDIVIDUAL COUNCIL MEMBERS MOST SIGNIFICANT I To represent the citizens and be accessible to them To make leadership and policy decisions for the good of the entire city To be prepared for, and participate in, council meetings To act professionally and listen respectfully to other council members, staff, and citizens To share information and communicate openly with the city manager and other council members 19 1) 2) 3) 4) 5) 6) ROLE AND RESPONSIBILITIES OF THE MAYOR MOST SIGNIFICANT J To conduct orderly and effective city council meetings To represent the city at public functions To facilitate discussions on agenda items and help resolve conflict among council members To nominate advisory committee appointments for council approval To sign the city's legal documents To also function as a council member 20 Attachment G (continued) 1) 2) 3) 4) Attachment F (continued) ROLE AND RESPONSIBILITIES OF I THE CITY MANAGER ~ I MOST SIGNIFICANT To prepare and facilitate information for the council, make policy recommendations based on the information, and implement adopted policies To recognize city needs and make recommendations to the council for action To be a liaison between the council and staff To provide leadership and foster a positive work environment for the city's employees 5) To develop and administer the city's annual budget 6) To develop and evaluate city employees 7) To hire city employees, monitor their performance, and terminate, when necessary _ 21 1) 2) 3) 4) 5) 6) Attachment F (continued) ROLE AND RESPONSIBILITIES OF I THE DEPARTMENT HEADS I MOST SIGNIFICANTI To provide leadership and goals for their departments To manage the day-to-day operations of their departments To recognize city needs and make recommendations to the city manager and council for action To prepare the department's annual budget To communicate and. cooperate with other entities in the city To keep the city manager and department staff informed SIGNIFICANT 7) To provide leadership and foster a positive work environment for department employees 8) To provide training and development opportunities for department employees 9) To recommend 'new hires' to the city manager and city council 22 T T F 1) 2) 3) 4) 5) 6) Attachment F (continued) ROLE AND RESPONSIBILITIES OF ALL CITY EMPLOYEES I MOST SIGNIFICANT'I To have a positive attitude towards their job and when dealing with the public To be team players To be fiscally responsible To be a positive representative and ambassador of the city To have a strong work ethic To be receptive to, and participate in, training and development opportunities _ 23 1) 2) Attachment F (continued) IROLE AND RESPONSIBILITIES OF THE CITIZENS MOST SIGNIFICANT To vote in city elections To provide fiscal support for city services and operations; i.e., to pay their taxes 3) To keep informed on issues that affect the city and to communicate their concerns to the city's elected officials and staff 4) To be involved in community affairs 5) To be positive contributors to the community ... 24 f f r f f f QI Attachment G IEXPECTATIONS AND CONTRIBUTIONS What the governina body expects of the staff? 1) Staff to provide information, alternatives, and consequences of alternatives 2) Staff will demonstrate a strong "work ethic" 3) Staff will provide high quality work products 4) Staff will have a positive attitude 5) Staff will implement the council's directives (regardless of personal feelings) providing suggestions but supporting council's ultimate decisions - 25 f f f f f f f f Q2 What the staff expects of the governing body? 1) 2) 3) Attachment G continued 4) 5) 6) 7) 8) 9) 10) 11) Staff expects the governing body to provide direction and to establish clear and attainable goals for the city Staff expects the governing body to focus on the issues and not personal differences The governing body to have thoughtful policy discussions keeping repetitive statements to a minimum Staff expects to be treated professionally with courtesy and respect for competency Staff expects the governing body to utilize staff's expertise before making decisions affecting their departments Staff expects to be able to perform their duties without interference and micro-management from the governing body The governing body to demonstrate civil behavior toward all The governing body to maintain high ethical standards The governing body to be prepared for meetings Staff expects to be trusted by the governing body The governing body to be open-minded to staff's ideas 26 What the ;Ioveming body contributes to the staff? 1) 2) 3) 4) 5) 6) Encouragement and support Respect of staff's expertise Funding for the programs that the council decides upon A positive attitude A vision for the future ^ listening ear What the staff contributes to the aovernina body? 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) Staff provides clear, concise, and unbiased information and recommendations Staff supports and carries out council decisions regardless of differences of opinion Staff will be fiscally responsible Staff will provide high quality services Staff will be honest and operate with integrity Staff will be professional and stay current in fields of expertise Staff will identify issues and offer solutions Staff will be concise Staff will provide best effort Staff will present reasonable alternatives to the council Staff to provide dedication (to be hard workers) 27 Attachment G continued Attachment H CITY OF COLUMBIA HEIGHTS MISSION STATEMENT SUGGESTED REVISED VERSION "OUR MISSION IS TO PROVIDE HIGH QUALITY PUBLIC SERVICES IN A FAIR, RESPECTFUL, AND PROFESSIONAL MANNER THAT EFFECTIVELY ADDRESSES CHANGING CITIZEN AND COMMUNITY NEEDS IN A FISCALLY RESPONSIBLE AND CUSTOMER-FRIENDLY MANNER" 28 Community Core Values Program Columbia Heights Administration supports the following Core Values Responsibility Cifizenshin Self-Control T~q m undermnd w~t eoauibutm *o imues rded b~ eaadloe aad impube Non-Violence 29 RULE #1 RULE #2 RULE #3 RULE RULE #5 RULE #6 RULE #7 'RULE #8 RULE #9 RULE #10 Attachment H continued PROPOSED RULES OF CONDUCT FOR THE CITY OF COLUMBIA HEIGHTS Council Members treat each other, the staff, and the public with respect and dignity. Council Members maintain the highest standards of honesty and integrity in their public and private dealings. Council Members recognize the interdependency of the Council and the Professional Staff. Council Members are courteous in their dealings, and do not interrupt other Council Members, the Staff, or Citizens when they are speaking at Council meetings. Council Members respect the individuality and contribution that other Council Members and Staff Members bring to the City. Council Members respect the majority vote of the Council, and do not undermine or sabotage implementation of ordinances, policies, and rules passed by the majority. Council Members respect, and do not belittle, the minority opinions and votes of Council Members who are not part of the majority vote on key issues. Council Members praise in public and criticize and discipline in private. Council Members focus on the "Big Picture of the City," thinking and acting strategically. Council Members set an example for others to follow. 30 Attachment I ORGANIZATIONAL CLIMATE QUESTIONNAIRE For each of the seven Organizational climate dimensions described below, place an "A" above the number that indicates your' assessment of the organization's current position on that dimension and an "0" below the number that indicates'' your choice of Where the organization sh---~rd |deally be on this dimension. / / 1. CONFORMITY. l~e feeling t~at there are ma~y edtez~ally imposed constraints in t---~'~ion; the degree to which memberslfee~ that there are rules, procedures,(~ policies, and practices to which they have to~conform, rather than being able to do their work as they see it. / [ Conformity is not characteristic I 2 3 4 S 61~ 7 e. 8 9 10 Conformity is very characteristic of the organization ' / ~ of the organization 2. RESPONSIBILITY. Members of the organizati~ are Riven personal responsibility to achieve their part of the organization's goats; the'.degree to which members feel /~'~ that they can make decisions and solve problems without checking with superiors eac~ step of the way. / No responsibility is given in 1 2 3 q 5 ~6 7 8 e9 10 There is great emphasis on the organization I personal responsibility in the organ1 zatton 3. STANDARDS. The emphasis the organizatio: places quality performance and out- ~duction including the degree t which mdabers feel the organization is setting challenging goals for itself and c mmuniCat~g these goals to its members. Standards are very lo1~ or non- I 2 3 q ~ 6 7 8 e9 10 High challenging standards q. REWARDS. The degree to which members ~eel/ that they are being :ecognized and G ~for good work rather than bein~ ignored, cr~ticized, or punished when things go wrong. / Members are ignored, punished, 1 2 3 4~ 5 6 7 8 ~19 10 Members are recognized and%~ or crt ti ci zed ~ I rewarded posi ti vely ORGANIZATIONAL CLARITY. ~ne feeli;'~ among membl~rs that things are well- S. rorganized and goals are clearly defined than ~eing disorderly or confused. ~ The organization is confused, 1 2 3 4 6 7 8 ~) 10 The organization is well- disorderly, and chaotic ~ organized with clearly defined goals I 6. WARMTH AND SUPPORT. The feeling of is a valued norm in the G organization; that members trust one and support to one another. l~e feeling that good relationships preva .1 in the ~rk environment. I 2 3 q 6 7 8 ~) 10 .Warmth and support are There is no warmth and support in the organization characteristic of the Il organization 7. LEADERSHIP. The willingness of organizt :ion membe%s to accept leadership and r d irection from other qualified personnel. As needs ~or leadership arise, members feel free to take leadership roles and are rewarded for successful leadership. Leadership is based on expertise. The org [zation [is not dominated by, or de on, one or two persons. [ pende~ Leadership is not re~arded; I 2 3 q 5 )6 7 8 99 10 Members accept and are members are dominated and rewarded for leadership dependent or .restst leadershi p based on expertise attempts 31 Attachment J CITY OF COLUMBIA HEIGHTS COUNCIL AND DEPARTMENT HEAD 2004 LEADERSHIP - PLANNING -TEAM BUILDING RETREAT SUI~IARY EVALUATION 1) The objectives of' the session were: Clear (2) The organizati n of' the session was: S 4 3 Excellent 2 1 Vague 1 Poor Q5) O6) The ideas ed were: S 4 Very Interesting The ability of Excellent My attendance $ Very Beneficial Overall, I consids Excellent 3 2 1 Not Interesting presenter t¢ stimulate discussion was: # 3 2 1 Poor this sesafon was: . 1 Waste of Time this session to have been: 3 2 1 Poor 32 1) 2) 3) 4) 5) 6). 7) 8) 9) CITY OF COLUMBIA HEIGHTS COUNCIL AND DEPARTMENT HEAD 2004 LEADERSHIP - PLANNING - TEAM BUILDING RETREAT PARTICIPANT COMMENTS "Thank You! This was a groat program. I appreciated having the leadership handouts to take home for further reading. I leave this session feeling energized and motivated." "Thank you for your help and encouragement." "The city really needed the session. I think that you served as a very good moderator for the session. Thanks for encouraging a respectful environment." "Don is a good presenter. Very positive, very energetic. Looking forward to viewing the handouts just received." ~/Vell prepared - sometimes hurried. Well controlled - stayed on point." "A lot of information in a short period of time - may need one more session." "Let's hope the council listened. I hope we continue to do this on a regular basis. thanks for your help. It is exactly what this city needs." "Liked that the session was specific, not broad. Too many papers! Limit handouts?' "Blessed aro the peacemakers." 33 Attachment H CITY OF COLUMBIA HEIGHTS MISSION STATEMENT SUGGESTED REVISED VERSION "OUR MISSION IS TO PROVIDE HIGH QUALITY PUBLIC SERVICES IN A FAIR, RESPECTFUL, AND PROFESSIONAL MANNER THAT EFFECTIVELY ADDRESSES CHANGING CITIZEN AND COMMUNITY NEEDS IN A FISCALLY RESPONSIBLE AND CUSTOMER-FRIENDLY MANNER" 28 'Attachment H continued PROPOSED RULES OF CONDUCT FOR THE CITY OF COLUMBIA HEIGHTS RULE #1 RULE #2 RULE #3 RULE #4 RULE #5 RULE #6 RULE #7 'RULE #8 Council Members treat each other, the staff, and the public with respect and dignity. Council Members maintain the highest standards of honesty and integrity in their public and private dealings. Council Members recognize the interdependency of the Council and the Professional Staff. Council Members are courteous in their dealings, and do not interrupt other Council Members, the Staff, or Citizens when they are speaking at Council meetings. Council Members respect the individuality and contribution that other Council Members and Staff Members bring to the City. Council Members respect the majority vote of the Council, and do not undermine or sabotage implementation of ordinances, policies, and rules passed by the majority. Council Members respect, and do not belittle, the minority opinions and votes of Council Members who are not part of the majority vote on key issues. Council Members praise in public and criticize and discipline in private. RULE #9 RULE #10 Council Members focus on the "Big Picture of the City," thinking and acting strategically. Council Members set an example for others to follow. 30 RESOLUTION NO. 2004-~ BEING A RESOLUTION ADOPTING THE GOALS PROGRAM FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, on July 19 and August 2, 2004, the City Council and City staffmet for goal setting sessions; and WHEREAS, at the goal setting sessions the following priorities were drafted: External: Goal #1: Goal #2: Goal #3: Goal #4: Goal #5: Internal: Goal #1' Goal #2: Goal #3: Goal fi4: Goal #5: To continue to provide quality services with limited funding To understand and adapt to the demographic changes taking place in the city To improve the city's housing stock To attract new residents and retain existing residents and homeowners--to promote household growth to stabilize the tax base To continue to redevelop the city's commercial and industrial property To improve overall teamwork and communication between council and staff and among the entire leadership team To develop a 5-10 year long-range plan for the city To develop alternate revenue streams to adapt to reduced government aid To update the city's 1-3 years goals To place greater effort on attracting and retaining quality staff and providing leadership training and development opportunities for staff. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council adopt this goals program as presented with the plan to have continued consideration of the goals and how they are being met, in addition to constant evaluation by members of the Council and the staff. Passed this 23rd day of August, 2004. Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patficia Muscovitz, Deputy City Clerk RESOLUTION NO. 2004-/7/~ BEING A RESOLUTION ADOPTING THE MISSION STATEMENT FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, on July 19 and August 2, 2004, the City Council and City staffmet for goal setting sessions; and WHEREAS, at the goal setting sessions, the following Mission Statement was drafted: "Our Mission is to provide high quality public services in a fair, respectful, and professional manner that effectively addresses changing citizen and community needs in a fiscally responsible and customer-friendly manner." NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council adopt this Mission Statement for the City of Columbia Heights. Passed this 23rd day of August, 2004. Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk RESOLUTION NO. 2004- z~5 BEING A RESOLUTION ADOPTING THE PROPOSED RULES OF CONDUCT FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, on July 19 and August 2, 2004, the City Council and City staff met for goal setting sessions; and WHEREAS, at the goal setting sessions, the following proposed Rules of Conduct were drafted: Rule #1 Council Members treat each other, the staff, and the public with respect and dignity. Rule #2 Council Members maintain the highest standards of honesty and integrity in their public and private dealings. Rule #3: Council Members recognize the interdependency of the Council and the Professional Staff. Rule g4: Council Members are courteous in their dealings, and do not interrupt other Council Members, the Staff, or Citizens when they are speaking at Council meetings. Rule #5: Council Members respect the individuality and contribution that other Council Members and Staff Members bring to the City. Rule #6: Council Members respect the majority vote of the Council, and do not undermine or sabotage implementation of ordinances, policies, and rules passed by the majority. Rule #7: Council Members respect, and do not belittle, the minority opinions and votes of Council Members who are not part of the majority vote on key issues. Rule #8: Rule #9: Council Members praise in public and criticize and discipline in private. Council Members focus on the "Big Picture of the City," thinking and acting strategically. Rule #10: Council Members set an example for others to follow. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council adopt these proposed Rules of Conduct for the City of Columbia Heights. Passed this 23rd day of August, 2004. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Julienne Wyckoff CITY COUNCIL LETTER Meetin AGENDA SECTION: Consent NO. ITEM: Premises permit application Class B by Columbia Heights Athletic Boosters for charitable gambling at Star Central ORIGINATING DEPARTMENT POLICE BY: DATE: Thomas Johnson August 13, 2004~ of August 23, 2004 CITY MANAGER APPROVAD ~ a- DATE: r BACKGROUND The Columbia Heights Athletic Boosters Club, Columbia Heights, Minnesota, has submitted a premise permit application to hold legal gambling activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota. The Athletic Boosters Club has submitted a copy of the floor plan and lease agreement with Star Central, along with Permit Application, and permit fee. ANALYSIS/CONCLUSION Since the organization satisfies the City Council resolution regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: Direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premises permit for the Columbia Heights Athletic Boosters Club in conjunction with activities at Star Central, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mld 04-097 Attachments: COUNCIL ACTION: Minnesota Lawful Garnbllng 81o3 LG215 Lease for Lawful Gambl ..e, o, Name of legal owner o~ ~'emllel S~reel. eddreel ~ SCare Zip Daytime p~ :. Name of leased premises S~'eeL actclreas Cay Zip Daytime perone ~eme~m~ee(o~amzet~lepU~he~...~...& __ . ' ~i hts ~ 55~21 De.me p~on~ Oo[umb~a He~ h~s A~h[e~tc Boosters Club,Inc. ~-02072 763-706-3 Rent Information Doe~ your o~anlzaflon OR any o~er organi~flon condu~ gambling ~ ~ ~ ~ ~mm ~ ~o~ o~ra~on at ~l~ i~tion? ~ Yea ~ flo If ?ou answered yes to the question alx~e, rent llr~l~ are loused on the ~Ollowing comDInaUons ofl o~raclon: ,- ~ch o~rac~on ~[n O~e[i~ and pull'~b diseasing device ~cn o~raclon an~ Oar o~ration 8~th o~?abon, ~a~ o~ation, and ~ll-tab dls~nsing device The max,mum rent allow~ ~y n~ ~c~ ~ 1,750 In tota~ per ~n[~ ~o~ all ~ganlzatlons at this premises. j Complete one [Option A: 0 ~o t0% ot [~e'Or0s~ proRts ~r ~nth. ~Pe'cem[age to De ~a~o ~ Option B: when ~ross pro,ts are $~,~0 or less ~r mon~, $0 to ~00 ~r month may ~e pal~. ~unt :o ~ paid $_ .Option C: f0 :o $4~ per month may~ p~d on the first $4,~0 ,.c~ gross pro~t. Amount :O ~ paid $~. Plus 0% :0% o~ [ne 9ross prdR~ may ~ paid per mon~ on gross pro,ts ;over S~,000. Percen[agetobepald /~ ! lflyou answered 110 to the question above, rent limits are ba~,4d on I~e following combinations ot operation: Bar operation · 8er operation with pull-tab dispensing device · Pull.tab dispensing device only The maximum rent allowed may no{ exceed S2,000 In total per month for all organizations at this premises. Complete one option; Option A.' 0 to 20% of the gross profits per month. Percentage to be paid ,,, Option B: When gross profits are $],000 or less per month, $0 to $200 per month may be paid. Amount to be paid $ Option C; $0 to $200 per month may be paid on the first $~,,000 of gross profits, Amount to be pald,$ ..... Plus 0% to 20% of the gross prot~t~ may be paid per month on gross profits over $ t,000, Percentage to be paid ______% i HOTE: [l' there are any other terms or conditions for renbretate ~ ~ ex~enses, they must be Check all acUvlUes [hat will be conducted: Iden~fled on page 2 under Acknowledgment _x_Pull.tabs Pull-tabs with Iot ~.ease Terms and are subject to 8oard approval. Tlnh~.,.de . ~ ..... dispensing device - ~-',- ..... ?aOOlewnee __Paddlewheel with to01, ! Bingo and/or Bar Bingo Occasions Rent Information,, Bingo Rem ?or O~ngo eno all other gambling activities conDucteD ounng a Dingo occasion may not exceed: · $200 per occasion for up to 6,000 square fleet , $300 per occasion for up to 12,000 square fleet . $'~00 per occasion for more than 12,0OO square feet . S25 per occasion for bar bingo conducted at any time In a Noon Hour Bingo Occasions Rent may not exceed $25 per day for noon hour bingo COnducted between !! a.m. and 2 p.m. at a premises with a license for the sale of Intoxicating beverages on the premises, Oar (regardless of square footage). Your organization Rent to be paid per bingo occasion $. must conOuct another form of lawful gambling, and the t' pram,sas must serve Intoxicating liquor or 3.2 percent For any new bingo activity not previously maK 0everages,.. I Included In · Premises Permit Application, I Rent.to ~e paid per bingo occasion $_ I attach a aeparate sheet of paper listing the days and hour~ that bingo will be conducted, L. Amended Il this is an amended lease showing changes occurring during the term DJ' the current premises permit, both parties that signeO the lease must Initial and date ali changes, Changes must be submitted to the Gambling Control 8o~rcl L e a s e at least 10 days prior to the change. Write In the date that'the changes will be effective ~m Only Lessor _ Date ------. Organization ' ' _Date....__._ 743 LG215 Lease for Lawful Gambling Activity Te =. e 'or wa be age conCurrent with O~ premises pemlR issued by the Gambling · The lessor, the ~--'~"- s Immediate family, anti any agents or Control Boaro (Board). Management ef Gambling Prohibited. The owner or the premises or the lessor will no( manage the conduct o~ oamhllr~ at me premises. ' ..... ~ Participation as Players Prohibited. The lessor, the lessor's mme0mte fam~y, and any agents or gambling employees o~ the iessor w~ll n(x parrjQpa[e aS players In the conduct o~ lawful gam~hng on :ne premises. employees al' ~ lessor will nol: require I~e Organiza~on to perform any action that would violate s~tu~e or rule. · If there Is a dispute as to whel~er any of these lease provtsions have been,dm~ated, ~ ~ ~ remain In effect pending a final cletenninaBon by ~ Coml~iance Review Group (CRG) of the · The lessor shall nbc modlb/or termlrate this lease In whole or in part due to the lesso~s violation Of the provisions listed in this lease. [llegal Gambling · The tessor ,s aware of the prohiblt~orl against Illegal gambling ~c M,nnesor..a S~3tutes 609.75, and the penalties I'or illegal gam0:,ng w91abons in Minnesota Rules 786[.0050, Subpart 3. · To u~e Des: bt' the lessor's knowledge, the lessor amrms mat any and all games or clevices located on the premises are not ~e.ng used, and are not capable of being used, In a manner '-'-.at · ,o[etes r. ne pron~Di0ons agalns~ illegal gambling in '~:~.nesoca Statutes 609.75, and the penalties ~or illegal ;~m..~: ~g, ,c~ac~ons in Minneso{a Rules 786!.0050, Subpart 3. · '.oc~:~5'.anc:,ng ~innesota Rules 786]..0050, Subpart 3, an · ~gan::acon must conbnue maldng rent payments, pursuant :-~ me terms of :ne ~ease, if the organization or its agents are r ~r~: :: ~ sosety res~nsiDle for any illegal gambling conducted .~: :r~c s;:e mac ~s prontbiteO Dy ~nnesor. a Rules 786]..0050, ~-~pa~ '.. or M,nnesoca Statutes 609.75, unless the ~:ga~.:~:,on s agents responsible ~or the illegal gambling ~c-.., .,% a~e a,so agents or employees bt' the lessor. · T"e ,esscr snail not modify or terminate the lease in whole or .~ ;e~. ~¢ause r. ne organization reported to a sta[e or local -~,', e~:orcemen[ authoriLy or the Board the occurrence at the s.'.e cf ,:;egal gamohr~j aCTJviL'y in which 13~le organization did not O~ner ProhibJ~ons · -h.e ~ess~r w~l~ not ~mpc~se restrictions on the organlzat~n with ~es~"t ~o proviOers (distnbutor~) o~ gambling-related equipment ~no ~rv~ces or ~n me use of net pro~ts rot lawful purposes. Acknowledgment of Lease Arbitration Process. The lessor agrees I;o arbitration when a violaUon or these lease provisions is allege~. The arbitd-dtor shall be the CRG. Access to permitted premises. The Board and its agents, the commissioners or revenue and public safe~ and their agents, and law enforcement personnel have access to the pertained premises at any reasonable time during the business hours of the lessor. The organlzaUon has access to the permitted premises dunng any time reasonable and when necessa~ rot the conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all money receNed from the organizaUon, and make :he recorcl available the Boarc~ and Its agents, and the commissioners of revenue public safely and their agents upon demand. The record Shall be maintained ~or a period of 3-]./2 years. Rent all-inclusive. Amounts paid as rent by the organizarJon to :he lessor are all-Inclusive (except bingo rent). No other services provided or contracted by :he lessor ma), be paicl by the organization, Inctudlng but not limited to t. msh removal, Janitorial and cleaning services, snow removal, lawn 'services, electricity, heat, security, security monitoring, storage, or~er utilities or services, and In the case of bar operations, compensarJon for cash shortages. Any other expenditures made by an organlzarJon that is related to a leased premises must be approved by the director of the Gambling Coni~ol Board. Rent payments may not be made to an Individual. A -*.~,.,;a:;ons and agreements are contained In or attached to ~is lease. I a~rm that the lease InrormaUon Is the total ana only ., ;'e~ment between the lessor and ~e organization. 333ere Is no other agreement and no other consideration required be~vee~l the ;~.~e5 as to me ~awful gambling and other matters related to the lease. Any changes in this lease will be submlEed to the Gambling .':~.:ro, EL~ar= at ~east ~.0 clays prior ~O the eflec~.ve..q~e..ol the change. ,. Other Terms or conditions: ~~,LLL).L.1U ~C:2~l~_~_~.~i~ ~.C~g'~ i~SSE~ W'i.~. [:Lr~ al~ less~'s ,."ay Cd. ve: ~Ps~o_ r a ~ tenrdnaticn at ~ ~ s as r our a eement. x/~... / ~,/,//~ . /uam/ Signmure.o! 9rga~icial (Lessee) Dar '----: :'.." :' ' ' emative 'ommt '.e lar ' ' ( ) '.6-5.~'~39-,000. ;J .. :~.e...~oaf. o_ by us,ng me ~linnesota Relay Service and ask(to',,,~?-e ~Pn~.n,t,,._Br.ai.ll.e).u_~pon request, i' you use a TTY, ybu can ~-~j~;,_,~ w,, become public in~'ormaaon when received h,, ~,,, ;~.~"~" ,.a,, .~u o31'{);~-'tO00. The Information r uest ..n.,e~,.a s~a~utes anti rules boy ninn I~,..~ ......... -I' .... war~, anti wtll be useo ~o determi . eq_ ~e? ~ er...,.~ ,,,mu~ gamo~tng a~vities, ne your comphance With Gamblinq Manaqer :Information. GM-02072-003 1/1/2003 to 12/31/2004 Gerald Forrest Foss 4412 2nd St NE, Columbia Heights, MN (763)572-1589 Last 4. digits of SSN: *** - ** - 5068 Bond: CNA Security # 69433218 Last Education: 3.1/21/2003 55421 ' Board Use Only Date of Birth: 05-25-1950 Note: A new gambling manager may not aSSume duUes until licensed by the Gambling Control Board. J 1. ! have never been convicted of a felony or a crime involving gambling. 2. I have never committed a violation of law or Board rule that resulted in the revocation of a license issued by the Board within five years before the date of the license application. 3. ! have never been convicted of a criminal violation involving fraud, theft, tax evasion, misrepresentation, or gambling. 4. ! have never been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) making terroristic threats. 5. ! have never been, or am ! now, connected with or engaged in an illegal business. 6. I have never had a sales and use tax permit revoked by the commissioner of revenue within the past two years. 7. ! have never, after demand, failed to file tax returns required by the commissioner of revenue. 8. ! do not owe $500 or more in delinquent taxes as defined in section 270.72, 9. ! have been an active member of the organization. 10. ! am not a gambling manager or an assistant gambling manager for another organization. 1].. ! am not a lessor, a member of the immediate family, or an employee of a lessor of a premises where this organization has a permit issued from the Board to conduct lawful gambling. 12. ! am not involved directly or indirectly as a bingo hall owner, manufacturer, or distributor. 13. ! am not the chief ~xecutive officer of this organization. 14. ! am not the treasurer of this organization. Background Check. By signature of this document, the undersigned authorizes the Departments of Public Safety and Revenue to conduct a criminal and tax background check or review and to share the results with the Gambling Control Board. Further, ! understand, agree, and hereby irrevocably consent that suits and actions relating to the subject matter of this gambling manager license application, or acts or omissions arising from such application, may be commenced against me or my organization and ! will accept the service of process in any court of competent jurisdiction in Minnesota by service on the Minnesota Secretary of State of any summons, process, or pleading authorized by the laws of Minnesota. Failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. ! have read this application and declare that all I in~~/itted is true, accurate, and complete. Notary Public Seal must be current and correct; seal may not be altered. Subscribed and sworn to before me this ~ day of ~J~. ~,~, J~ 'SHARONR. S'HEDLOV I~-"z~6~ Notary Public .Minnesota Lawful Gambling * * Organization Officers Affidavit- LG200B Stateof ~ ~,,! 1. I have not been convicted of a felony or gross 2. I have never been convicted of a crime involving gambling. 3. ! have never had a license issued bythe board or director permanently revoked for violation of law or board rule. In addition, I ~nders~and, agree, and hereby irrevocably consent that suits and actions relating to the subject matter ' of the organization license application, or acts or omissions arising from suchapplicatton, may be commenced against my organization and I ~11. accept the service of process for my organization in any court of competent jurisdiction in Minnesota by 'service on the Minnesota Secretary of State of any summons, process, or pleading autho~zed by the laws of Minnesota. Applicantlnformation Chect, the box IndicaUno your po~ E~ Chief executive officer ~ Treasurer Social se?u. rity number Effective date of officer change / State/Zip code ~'~'~ m~ / · ~ this the bus~ess address of your ofgan~:nflon? r-] yes ~no Name of organization Base license number This form will be made ava~bte in altemative format (i.e. large print, Braille) upon request. Call the Licensing Section of the Gambling Control Board at 651-639-4000 if you have questions about this form. if you use a TTY, you can call us by using the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-639-4000. Affidavit of Qualification of Officers for an Organization License and Consent Statement (pumuant to MinnesOta statutes) . under oath state, that: the Department of Public Safety to conduct, a criminal the. Gamb~ng Control Board; Failure to provide required informatio~ or providing false or misleading information may result ~n the denial or revocation of the license. FURTHER AFFIANT SAYETH NOT, except that this Afl'davit and Consent Statement are submitted in support of the application for an organizalion license from the Gambling Control Board. (Applicant Signatdre) NotarY Public Information Notary Public Seal.must be current and correct. The seal may no_.~t be altered. Subscribed and sworn to before me this (Nb{a~/Public Signature) Notary Public Minnesota I day of J Mailthisformto: Gambling Control Board Suite 300 South 1711. West County Road B RoSeville, MN 55113 The Information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 8100 -Minnesota Lawful Gambling * · Organization Officem Affidavit - LG200B 1+ I have not been convicted of a felony or gross misdemeanor within the five yearn before the issuance or renewal of the license. 2. I have never been convicted of a crime' involving gambling. · 3. I have never had a license issued by the board or d'~ector permanently revoked for violation of law or board rule. In addition, I ~nderstand, agree, and hereby irrevocably consent that suits and actions mleting to the subject matter · of the organization license application, or acts or omissions arising from such application, may be commenced against my organ~on and I will accept the service of process for my organ~.ation in any court of competent jurisdiction in ~nnesota by service on the Minnesota Secretary of State. m: any summons, process, or pleading authorized by the laws of Minnesota. ' APplicantlnformation Check the box indicating your position: [~ Chief'executive officer Effective date of officer change · r'"-] Treasurer ss. Is t~is the business address of your organlza~n? [] yes [~ no Phone( ) ~ame of organ~a~on Base license number This form will be made available in altemative format (i.e. large pdnt,. Braille) upon request. Call the Licensing Section of the Gambling Control Board at 651-639-4000 if you have questions about this form. If you use a TTY, you can call us by using the Minnesota Relay Service at 1-800627-3529 and ask to place a call to 651-639-4000. Affidavit of Qualification of Officers for an Organization License and Consent Statement (pursuant to Minnesota statutes) , under oath state trot: the Department of 'Public safety to conduct a criminal ba~ check or review and to share the results with the,Gambang Control Board; Fm~um to provide required informalJon or pm .viding false or misleading information may result ~n the denial or revocation of the ~. FURTHER AFFIANT SAYETH NOT, except that this Affidavit and Consent Statement am submitted in support of the application for an organization license from the Gambling Control Board, Notary Public Information Notary Public Seal .must be current and correct. The seal may not be altered. 'Subsc S ~ day of " la~ JOHNLENARZ' , Mail this form to: Gambling Control Board Suite 300 South 171 !. West County Road B Roseville, MN 55113 The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 8~00 COLUMBIA HEIGHTS ATHLETIC BOOSTER CLUB, INC. CHARITABLE GAMBUNG ACCOUNT I 530 MILL STREET NE COLUMBIA HEIGHTS, MN 55421 PAY TO THE ORDER OF CITY OF COLUMBIA HEIGHTS Pay: Two Hundred Fifty And 00/100 CITY OF COLUMBIA HEIGHTS MEMO city permit fee ,'O ~ i,D i,~,,' ':Dcl ~.DOD ~, ~, 8': NORTHEA~r BANK MINNEAPOLIS, MN - 612-379-8811 COLUMBIA HEIGHTS, MN - 763-788-9351 COON RAPIDS, MN - 763-784-3533 YOUR INDEPENDENT COMMUNITY BANK 17-13-910 Date: 8/4/2004 $ 250.00 21018 DOLLARS TWO SIGNATURES REQUIRED VOID.~I~NOT CA~HED W,i~'HIN 90 DAYS 5DO,,, &O COLUMBIA HEIGHTS ATHLETIC BOOSTER CLUB, INC. - CHARITABLE GAMBLING ACCOUNT I To: CITY OF COLUMBIA HEIGHTS oo I , oll J citypermitfee Memo Date: 8~004 $250.00 21018 RESOLUTION NO. 2004..23 C0~Y BEING A RESOLUTION AIJTHORIZING CERTAE~I CHARITABLE GAMBLING C .ummtly, Resolution No. 1'996~5 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Mirmesota Staute 32(5 shall be prohibited in all bars and liquor e~mblishments within the City which are licensed purmmnt t~ Section. 5.$01, 5.$03, 5.504, 5.$05, 5.506' or 5.57 of the City Code unless: I. The organization wishing to gamble obtains the permission of the Minnesota. Charitable Crambling Control Board; 2. The organization wishes to gamble obtains the permission of the Council of the city of Columbia Hei~hts; 3. The organization wishing to gamble has been in exist~ce in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The org..anizafion wishing to gamble does not pay the proprietor of the licensed pr~nises a rental or lease payment in excess of $1,000 per month, which payment shall be inclusive of any and all allowable expenses as defined and set forth in N[N. STAT.349 et. Seq., as amended. No other payment, set-off, or credit, of any .kind, other than as set forth above, shall be paid to or on behalf of thc proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously __~anted to conduct said gambling ~tivitw mav be irnrnediate!v ~u~nded until such vio!ation(s~; "~ o ....... s, ~r~ corrected. A ~,,' such al.o',e,,--ruination of violations(s) smd any suspension ,',e."eunder snal,..se made as :ol!ows: a. At a meeting open to the public; and b. A~er a minimum often (10) days notice to the organization; and c. After providing the organization with the oppommi .ry to present its position at said meeting; and d. By a simple majority vote of the City Council. NOT, THEREFORE, BE IT RESOL¥-ED that this resolution shall take effect on May 12, 1996, and shall replace Resolution 8841. Resolution 199646 is hereby amended to read: RESOLUTION NO. 2004.-23 BE~N'G A RESOLUTION AUTHORIZING CERTAIN CHARIT~LE GA.MBLENG BE IT RESOLVED by the City of Columbia HeiSts that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.57 of the City Code unless: I. The organization wishing to gamble obtains the permission of the Minnesota Charitable I Gambling Control Board; 2. The organization wishes to ~amble obtains the permission of the Council of the city of Columbia Hdl~hts; 3. The o ~r~n-;~tlon wishing to ~amble has been in existence in Columbia Heit~hts for not less '. than ten years; 4. The or~ani~tion wi_~hl,g to ~amble is a bona fide club; 5. The org~i~tlon wisM~g to ~amble does not pay the proprietor of the licensed premi_~es a rental or lease payment in excess of $1,000 per month, which payment shah be inclusive of any and all allowable expenses as defined and set forth in MN.STAT.349 et. Seq., as amended. No other payment, set-oS or credit, of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor. 0. A license fe~ not subjeCt to a waiver shall bc paid to the City of ColumbiaHei~hts in the amount of $250 for Class A and Class B licenses and $25 for Class C and Class D licenses. License fees shall not be prorated or refundable. Not withstanding anything to the contrary herein, an existin~ Class A or Class B lic~,-nsee shall pay a license fee of $25 for any event, of : three days or less. to be conducted at a location other than the established ticenseloCaflon. 7. If the organization is determined to be in violation of any of the terms or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activi~ may be immediately suspended until such violation(s) is/are corrected. Any such determination ofviolations(s) and ~,y suspension hereunder shall be made as follows: a. At a meeting open to the public; and b. After a minimum often (10) days notice to the organization; and c. After providing the organization with the oppemmity to present its position at said meeting; and d. By a simple m~i~rlry vote of the CiW Council. ' ' ' :-" A:r'.i _'e .... :C-. :nd NOW, THE/2?©P~, BE ;'r .'~£OLVZD ~ha~ :his :'~somnon shall :aa: ~r,~c: .on .... ~ ' shall re~iac~ Resolution ',. Passed this 26~h day of A~ril 200,!' Offered by: Seconded by: Roll Call: Williams Nawroc!d All Ayes: Wyckoff. Williams, Na'~wocki, Ericson, Kelzenberg A t: i~ricia Mmcov,z, CMC D~..utY Ci~ Clerk/Ct, mcil Secretary. CITY COUNCIL LETTER Meeting of: A ,mst 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~ FINANCE ~) ff. /~ APPROVAL ITEM:Budget Work Session Meeting Dates ,~'"'x BY: WILLIAM ELR1TE BY: NO: ~', A1]) DATE: August 18, 2004 · DATE:'' Below are the budget work session meeting dates for the 2005 budget. Monday, October 4 at 7:00 p.m. Monday, October 4 at 8:30 p.m. Gauvitte Room: Recreation City Hall Conference Room: Public Works Monday, Monday, Monday, October 18 at 7:00 p.m. October 18 at 8:00 p.m. October 18 at 9:00 p.m. Library Activity Room: Library City Hall Conference Room: Fire City Hall Conference Room: Police Monday, November 1 at 7:00 p.m. Monday, November 1 at 8:30 p.m. Monday, November 1 at 9:30 p.m. City Hall Conference Room: City Hall Conference Room: City Hall Conference Room: Community Development Administration General Government Monday, November Monday, November Monday, November 15 at 7:30 p.m. 15 at 8:00 p.m. 15 at 9:00 p.m. City Hall Conference Room: City Hall Conference Room: City Hall Conference Room: Finance and IS Liquor Summary of total budgets. Monday, November 29 at 7:00 p.m. Final Budget Work Session. Decide on final cuts, add- backs, and the final levy. Monday, December 6 at 7:00 p.m. City Council Chambers: Final budget meeting with the public. RECOMMENDED MOTION: Move to set budget work session meeting dates to review the 2005 budget as stated above. WE:sms 0408182COUNCIL COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGERS NO: ~' CITY MANAGER APPROVAL ITEM: Designating election judge salaries BY: Patty Muscovitz BY: NO: ~, .,,4, ~> ) DATE: 8-12-2004 DATE: Please find attached a resolution designating salaries for election judges for the year 2004 Primary Election to be held on Tuesday, September 14, 2004 and the General Election to be held on Tuesday, November 2, 2004. Recommended Motion: Move to waive the reading of Resolution No. 2004-42, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2004-42~ being a Resolution designating election judge salaries for the 2004 Primary and General Elections. COUNCIL ACTION: RESOLUTION 2004-42 BEING A RESOLUTION DESIGNATING ELECTION JUDGE SALARIES FOR THE 2004 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the City Council has appointed qualified voters of each election district to be judges of election; and WHEREAS: Anoka County Office of Elections subsidizes election judge salaries and the City of Columbia Heights wishes to participate. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does designate, for the Primary and General Elections to be held on September 14, 2004 and November 2, 2004, an hourly remuneration of $10.75 for head judge, $10.50 for Assistant Head Judge, and $10.25 for an election judge. Passed this __ day of 2004. Offered by: Seconded by: Roll call: Attest: Mayor Julienne Wyckoff Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CO[JNTY COUNTY OF ANOKA Office of Elections & Voter Registration 325 East Main Street, Anoka MN 55303 PHONE: (763) 323-5275 FAX: (763) 422-7526 TDD/TTY: (763) 323-5289 2004 Election Judge Salary Subsidy Application Form TO: Anoka County Elections, 325 East Main Street, Anoka, MN 55303 DATE: SUBJECT: 2004 Subsidy for Election Judge Salades Please check one box, complete and return this form to Anoka County Elections at Fax # 763.422.7526 by June 30, 2004. [] The municipality of will not be participating in the subsidy for election judge salaries being offered by Anoka County. OR The municipality of ~ / ~ ~ ~ /~ ~ ~t-'~ would like to participate in the subsidy for election judge salaries) being, offered by Anoka County. The municipality has set its 2004 regular election judge salary at $ /o .; ~"/hour and its 2004 precinct head judge salary at $ / o . ?~"~ hour. Based on a subsidy of (check one) [] $192 per precinct ($8.25 - 10.24 regular judge /at least $8.75 for head judge) El $320 per precinct (at least $10.25 regular judge / at least $10.75 for head judge) and (#) ~ precincts, the municipality anticipates receiving a subsidy of $ ~,S~ Z) O0 in mid-August. (The subsidy may be proportionally reduced on a percentage basis to remain within the $30,000 maximum county-wide subsidy). Additional Comments: CITY COUNCIL LETTER Meeting of: 8/23/04 AGENDA SECTION: CONSENT AGENI~A ~' ORIGINATING DEPARTMENT: CITY MANAGER NO: ~,_/~ q~ PUBLIC WORKS ITEM: CHANGE ORDER NO. 1 AND FINAL PAYMENT BY: K. Hansen~ j FOR MISCELLANEOUS CONCRETE PROJECT #0300 DATE: 8/18/~0q~__..~-~~ DATE: Background: The Contractor has completed the 2003 Misccllancons Concrete Repairs and Installations. This annual program consisted of curb and gutter, street, alle3(, driveway and sidewalk improvements/repairs throughout thc City. A spreadsheet with thc fund distribution is attached. Analysis/Conclusions: The Miscellaneous Concrete Program is set up on an annual basis with an preliminary estimate of quantities for the entire year. The quantifies of work will vary from year to year based upon actual work performed in the two phases (late spring and fall). The final compensating change order, attached, modifies the contract to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk. All additions to the contract modified quantities only, using the contract bid prices for each work iterr~ Staff recommends approval of Change Order # 1. Staff is recommending approval of final payment to Ron Kassa Construction, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Report of Final Acceptance is attached. Recommended Motion: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $10,644.80 with funding out of the appropriate funds. Recommended Motion: Move to accept the work for 2003 Miscellaneous Concrete Repairs and Installations, City Project #0300 and authorize final payment of $1,980.23 to Ron Kassa Construction, Inc. of Elko, Minnesota. Attachment: Fund Distribution Spreadsheet Change Order Payment Voucher Engineer's Report of Final Acceptance COUNCIL ACTION: Z Z Z Zo o o~ o o o ~~ = o o o o o o o j o o o ~ o d o 0 o o ~ o~ z~ 0 ~ < ~ ~ ~ ~ ~ z~ 0 0 ~ ~ 0 0 0 0 0 0 0 0 0 ~ ° o W ~ 8 ~ ~ o ~ ~ ~ ~0 ~ 0 0 0 0 0 0 0 0 ~~ Z~ ~EE ~oo ~ ~ W 0 0 0 0 0 0 0 0 0 0 0 0 Z Z Z .. ~ ~ ~ 0 ~ 0 ~ ~ ~ 0 0 ~ ~ ~ o ~ o o ~ o ~ ~ ~ w ~< ~ ~ w 0 ~ 0 w 0 ~ 0 w % w 0 CHANGE ORDER NO. 1 Project: 2003 Miscellaneous Concrete Repairs and Installations City Project: 0300 Owner: Contractor: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Ron Kassa Construction, Inc. 6005 - 250m Street East Elko, MN 55O20 Date of Issuance: July 26, 2004 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include additional quantities for repairs due to water main breaks, street and alley repairs, and replacement of hazardous sidewalk. CHANGE IN CONTRACT PRICE Original Contract Price: $ 29,309.70 Previous Change Orders No. None to No. Contract Price Prior to this Change Order: $ 29,3O9.7O Net Increase of this Change Order: $10,644.80 Contract Price with all Approved Change Orders: $ 39,954.5O RecommendS) By: ~/~/(O~~t~ ~ ~, ~ City E]~gi~-er '1 CHANGE IN CONTRACT TIME Original Contract Time: Net Change fi.om Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: Appro~/~/.) /~/Ld ~ P~ ~assa Con/truction, Inc. -- Approved By: Approved By: Date of Council Action Julienne Wyckoff, Mayor Walter Fehst, City Manager Attachment to Change Order No. 1 City Project 0300 Page 1 of 1 Owner: Contractor: Project: City of Columbia Heights Ron Kassa Construction, Inc. 2003 Miscellaneous Concrete Repairs and Installations Description of Changes: The Public Works Department requested these items be replaced. Item No. Item Description Unit Quantity Remove curb and gutter L.F. 174.0 Construct concrete curb and gutter L.F. 174.0 Remove street/alley S.F. 523.0 Construct 8" concrete street/alley S.F. 523.0 Remove driveway/apron S.F. 380.0 Constmct 6" concrete driveway/apron S.F. 380.0 Remove sidewalk S.F. 764.0 Construct 4" concrete sidewalk S.F. 764.0 Unit Price $ 5.00 $16.00 $ 1.20 $ 3.20 $ 1.5o $ 3.00 $ 1.0o $ 2.90 Total Estimated Price $ 870.00 $ 2,784.00 $ 627.60 $1,673.60 $ 57O.00 $1,140.00 $ 764.00 $ 2,215.60 TOTAL OF CHANGE ORDER NO. 1 $10,644.80 ESTIMATE NO. DATE: PERIOD ENDING: CONTRACT: PROJECT NO. TO: CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER FINAL July 26, 2004 June 30, 2004 2003 Miscellaneous Concrete Repairs and Installations 0300 RON KASSA CONSTRUCTION, INC. 6005 -250th Street East Elko, MN 55020 952-461-3715 Am B. C. D. E. F. G. H. I. Original Contract Amount Total Addition Total Deduction TOTAL CONTRACT AMOUNT TOTAL VALUE OF WORK TO DATE LESS RETAINED Previous Payment(s) TOTAL APPROVED FOR PAYMENT THIS VOUCHER $29,309.70 $10,644.80 $0.00 $39,954.50 $39,604.50 TOTAL PAYMENTS INCLUDING THIS VOUCHER .......................................................................................................... $o.oo .......................................................................................................... ($37,624.28) $1,980.23 $39,604.50 APPROVALS amount for work pe~ormed thro?h June 30, 2004 Signed by: ~ ~9.1~, ~" ~ C"~',, ~ Kev~, ~sen,'l~f Works ~ir~ctor Signed by: ~ ~ ~ ~ .. R~ ~SSA C~STRUCTION, INC. Pursuant to our field observations, I hereby recommend for payment the above stated Dat6 i Date CITY OF COLUMBIA HEIGHTS 2003 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS CITY PROJECT NO. 0300 FINAL NO. ITEM UNIT QUANT. UNIT PRICE AMOUNT BASE CONTRACT: 1 Remove curb and gutter L.F. 2 Construct concrete curb and gutter L.F. 3 Remove street/alley S.F. 4 Construct 8" concrete street/alley S.F. 5 Remove driveway/apron S.F. 6 Construct 6" concrete driveway/apron S.F. 7 Remove sidewalk S.F. 8 Construct 4" concrete sidewalk S.F. 9 Remove step S.F. 10 Construct concrete step S.F. TOTAL BASE CONTRACT: 645.0 $5.00 645.0 $16.00 1071.0 $1.20 1071.0 $3.20 430.0 $1.50 430.0 $3.00 1583.0 $1.00 1583.0 $2.90 0.0 $5.00 0.0 $30.00 ALTERNATE 1: 1 Remove concrete walk S.F. 2 Construct 6" reinforced concrete sidewalk S.F. 1182.0 $1.20 1182.0 $10.00 TOTAL ALTERNATE 1 $3,225.00 $10,320.00 $1,285.20 $3,427.20 $645.00 $1,290.00 $1,583.00 $4,590.70 $o.oo $o.oo $26,366.10 $1,418.40 $11,820.00 $13,238.40 TOTAL PROJECT 0300 $39,604.50 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2003 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS CITY PROJECT NUMBER 0300 August 2, 2004 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Ron Kassa Construction, Inc. The work consisted of curb and gutter, street, alley, driveway and sidewalk improvements/repairs throughout the City. The contractor has substantially completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 29,309.70 $10~644.80 $ 39,954.50 $ 39,604.50 ($ 37,624.28) BALANCE DUE Sincerely, CITY OF COLUMBIA HEIGHTS $ 1,980.23 Kevin R. Hansen City Engineer CITY COUNCIL LETTER Meeting of: 8/23/03 AGENDA SECTION: CONSENT AC~NDA .~ ORIGINATING DEPARTMENT: CITY MANAGER NO: '~' ~ /0) PUBLIC WORKS ITEM: ESTABLISH DATEFORPUBLIC SPECIAL BY: K. Hansen~ BY: ~~. ~~ ASSESSMENT LEVY HEARING FOR ZONE 7A OF THE DATE: 8/18/0~.~ DATE: STREET REHABILITATION PROGRAM AND ZONE 6 SEAL COAT PROJECT Special assessments are certified to Anoka County for inclusion on the property tax statements. To be included with the 2004 tax statement, the assessment hearing needs to be held on or before October 12, 2004. Analysis/Conclusions: Staff is recommending Tuesday, October 12, 2004 before the regular Council meeting for the hearing on Zone 7A Street Rehabilitation project and Zone 6 Seal Coat Project. Recommended Motion: Move to establish Tuesday, October 12, 2004 at 6:00 p.rrL as thc Public Special Assessment Levy Hearing for City Project g0301 Seal Coat Project, to be held in the City Council Chamber. Recommended Motion: Move to establish Tuesday, October 12, 2004 at 7:00 p.m. as the Public Special Assessment Levy Hearing for City Project #0402, Zone 7A Street Rehabilitation, to be held in the City Council Chamber. rd-I.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 8/23/04 AGENDA SECTION: CONSENT AGEN~)A ~ ORIGINATING DEPARTMENT: CITY MANAGER ~' ~C, ]/ ) PUBLIC WORKS SPECS FOR STATE-AID STORM SEWER REPLACMENT DATE: 8/18/04-- DATE: ON CENTRAL AVENUE, SOUTH OF 49TM AVENUE. The City of Columbia Heights has experienced surface water problems on Central, south of 49th Avenue for a number of years. There has been localized flooding at the low points in this area, along with pavement or boulevard settlements and/or failures of catch basin structures due to structure degradation or failures. In 2002, staff budgeted $7,000 for maintenance in this area, but after reviewing the condition of the structures in more detail, it became apparent that replacements of catch basins would be necessary. Subsequently, $25,000 was budgeted in each of the 2003 and 2004 State-Aid Maintenance budgets to make the necessary repairs. A map detailing the existing storm system is attached. The funding for the repair and maintenance of the storm sewer on Central is fully State-Aid eligible. Additionally, the City of Hilltop had previously set aside funding when Walgreen's was built for the work on the west half of the roadway. The proposed work is mainly focused on the structure repairs to this area, involving fifteen catch basins and one manhole. Work would either involve the complete replacement of the catch basins, reconstructing the tops of the catch basins; replacing settled concrete curb and gutter; replacing all castings with high capacity/self cleaning grates; and minor pipe replacement. The attached Engineer's Estimate provides a unit listing detailing the work along with the City of Hilltop's cost share. Funding is available in the 2004 State-Aid Maintenance Account, Fund 212. Recommended Motion: Move to ordering the preparation of Plans and Specifications for proposed Storm Sewer Improvements on Central Avenue, South of 49th Avenue, Project #0405. KH:jb Attachments: Existing conditions map Engineer's Estimate COUNCIL ACTION: 0000 ~ 00 ~ ~ 00 ~ 0 ~ 000 ~ ~ ~ 00 ~ O0 ~ ~ ~ 00000000000000 O00000000 0 0 0 CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ License Department APPROVAL ITEM: 2005 Business License Fees BY: Shelley Hanson BY: NO: ~,,A, /~3 DATE: August 19, 2004 BACKGROUND Attached is the proposed business license fees for the 2005 license year and a resolution for the same. The license fees were last adjusted in 2000. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. The fees are in line with surrounding communities. Staff made some minor adjustments to Contractor License fees, Tobacco Licenses, and Motor Vehicle Sales Licenses. This is due to the amount of staff time it takes to process the applications, check the documentation provided, and to do compliance checks throughout the year. The remainder of the license fees are the same. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2004- _/'~, as there are ample copies available to the public. RECOMMENDED MOTION: Move to approve the Resolution #2004-/-~ being a Resolution adopting the 2005 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 2003-32 Fee schedule RESOLUTION NO. #2004- l't/~o ADOPTING 2005 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2005. Passed this __ day of ., 2004. Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patricia Muscovitz, Council Secretary 2005 BUSINESS LICENSE FEES Effective January 1, 2005 through December 31, 2005. CATEGORY FEES Arcades/Amusement Centers ($5,000 Bond/$100 Inv. Fee) (PD) $500 $50O Auto Recycling Dealer/Junk Yard ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee 1st time appl.) OffSale ($150 Inv. Fee 1st time appl. Temporary Beer (per day basis) ($500 Appl. Fee; $150 Investigation Fee) $400 $150 $100 Carnivals ($500 deposit & insurance) (PD) $50/day $5O Christmas Tree Sales (FI) (P&Z Corem) ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cooling Gas Piping Plumbing Sign Installation $60 $6O $6O $6O $6O $6O $6O $6O $6O $6O $6O $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each Games Of Skill (PD) Plus $15/Location $15/machine Kennels, Commercial (PD) Plus, per cage $50 $10 ARTICLE II V II llI 11I VI SECTION 11 2 8 6 2 7 3 4 9 Page 2 CATEGORY Intoxicating Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) Class C (Inv. Fee $500-$2000) Class D (inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000) On Sale Wine (inv. Fee $500-$2000) Sunday On-Sale Liquor Temporary On Sale (inv. Fee $500-$2000) "Club On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA) ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'l. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Sales (New & Used) (PD) Pawnbroker ($5,000 Bond/$100 Inv. Fee) (PD) Pet Shop (PD)(Humane Officer) ,,,FEES ARTICLE $8,000 $6,500 $6,500 $8,000 $5,500 $2,000 $200 $100/day Per membership $ 300 $ 500 $ 650 $ 800 $1,000 $2,000 $3,000 V V V V V V V V SECTION 3 3 3 3 4 6 10 2 $500 VI 12 $100 VI 12 II $50 $10 $50 VI $75 $50 4 $300 ff 7 $12,000 II 4 9 $50 VI 9 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2 CATEGORY Popcorn, Candy, Food Catering Vehicles (PD) (Insurance - Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal FEES $50 $300 $200 .ARTICLE VI Page 3 SECTION 8 4 Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibifion/Convention/Shows/Expos($ 5,000 Bond) First Day $50 Each Additional Day $10 4 4 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) 13 Peddlers/Solicitors & Transient Merchant (PD) A. Itinerant Hawker/Peddler B. Transient Merchant Tree Removal & Treatment (ins.) (PWD) 1I $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. $60 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABLE FEES FEE FEE BEGUN. 1 - 15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL 50% PENALTY OVER ORIGINAL LEGAL PROCEDURES PD BI S&H ZA DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE Police Department Building Inspector Safety and Health Inspector Zoning Administrator FI Fire Department PWD Public Works Dept CF - City Forester AC - Anoka County Ail New Licenses Must Have Zoning Administrator's Approval. CITY COUNCIL LETTER Meeting off August 23, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~' License Department APPROVAL ITEM: License Agenda BY: Shelley Hansog.--~.x DATE: NO: .~. A' I~>.,,~ DATE: August 19,2004 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the August 23, 2004 City Council meeting. This agenda consists of applications for Contractor licenses for 2004. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for August 23, 2004 as presented. COUNCIL ACTION: TO CITY COUNCIL August 23, 2004 *Signed Waiver Form Accompanied Application 2004 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Frana and Sons Inc *Rayco Construction *Maverick Construction *Boe Plumbing *Home Repair Specialist *Signs by Tomorrow 633 Second Ave So. Hopkins 55343 211 St. Anthony pkwy, Mpls 55418 1122 River Rod NE, Hanover 55341 15481 Kiowa St, Andover 55304 4229 5th St. Columbia Hts 6530 University Ave NE, Fridley $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: ~~ ~9/0~)~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ~OqC-~, through in the amount of $ I, I?3g' ~[J'~' %' These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. HO H O~ :3:: -,-I 0 Oo 0:> ~m rj ~,-3 ~,-{H or,.) -,.-I 0 0 o 00000000000000000000000000000000000000000000000 Oo u:> O0 -,-t 0 0 Oo O0 -,-lC) cq 00000000000000000000000000000000000000000000000 Oo Oo ~m O~ -,-I0 ~ 0 0 0oo 0 .u ~J ~J ~o CITY COUNCIL LETTER Meeting of August 23, 2004 AGENDA PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson Rental License Revocation ~:~ A DATE: August 17, 2004 DATE: NO: ~ The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Shadina MeClendon regarding rental property at 4631-33 Pierce Street N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at tl~e City Council meeting of August 23, 2004. The public hearing on this property may now be closed in that the property has been sold. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Shadina McClendon Regarding Rental Property at 4631-33 Pierce Street N.E. in that the Property has been Sold. COUNCIL ACTION: Close Hearing Council Letter COLUMBIA HEIGItTS CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: Items for Consideration, Other ORIGINATING DEPARTMENT: CITY MANAGER'S Business ~ \ Community Development APPROVAL No: ) ITEM: Approval of a Conditional Use Permit for BY: Ellen Berkelhamer ~ BY: Outdoor Storage at 674-682 39th Avenue NE DATE: August 17, 2004''*' ~' BACKGROUND: An application has been made by Minnesota Petroleum for a Conditional Use Permit to allow outdoor storage at 674-682 39th Avenue NE. According to Section 9.1105 of the Zoning Ordinance, outdoor storage is a conditional use in the 1-2 General Industrial District. The Zoning Ordinance states that the purpose of the 1-2 General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and/or nature, require isolation from non- industrial uses. The proposed outdoor storage, which would be accessory to a principal use, meets this description. Minnesota Petroleum is the contract purchaser of the property, which is currently owned by Lange Gas Equipment and which has signed off on the application. Minnesota Petroleum is an equipment and service company that sells maintains, and distributes petroleum handling equipment such as the dispensers, pumps, small tanks, rolls of plastic piping, and vehicle hoists that are used by gas stations and similar businesses. These businesses order the items through Minnesota Petroleum and, once Minnesota Petroleum receives the items from the manufacturer, they are stored on site until such time as they can be delivered to the business that purchased them. The items are generally stored in cardboard boxes on palettes, but some times the equipment is not packaged, due to weather and other considerations. Minnesota Petroleum will also have parking for employees and their delivery trucks and related vehicles on site, which is a permitted use and not considered to be part of the outdoor storage. RECOMMENDATION: The Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage subject to conditions of approval outlined below: RECOMMENDED MOTION: Move to approve the Conditional Use Permit for outdoor storage at 674-682 39th Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. The fencing along 39th Avenue and 38th Avenue shall be made at least 80 percent opaque. 3. Any materials greater than 6 ft. in height must be stored in the area closest to and behind the principal structure so that visibility of storage is minimized from the public rights-of-way. Typical maximum height of materials to be stored when in crates and on palettes shall be approximately 8 ft. 4. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. The Fire Department does not allow any storage to exceed 20 fi. 5. The Fire Department requires that the business install an approved key lock box on the building per Fire Department policy to provide keys for access to all areas of the buildings, fire alarm/sprinkler system, and yard gates. 6. All weeds Shall be removed and area must be maintained in accordance with City Code. 7. The 80% opaque screening must be added to side yard fencing before additional storage area is expanded in the future. Attachments: Plannin~ Report to Council COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2004-0801 August 17, 2004 Columbia Heights City Council Gerald Swan, Minnesota Petroleum 674-682 39th Avenue NE I-2 General Industrial District Conditional Use Permit for Outdoor Storage Ellen Berkelhamer, AICP, City Planner Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for industrial use, which promotes industrial development such as what is proposed. Consistency with Zoning Ordinance The Zoning Map classifies the property as I-2 General Industrial. Outdoor storage is allowed in this zoning district by Conditional Use Permit per Section 9.1105 of the Zoning Ordinance. Section 9.612 of the Zoning Ordinance requires that outdoor storage uses have one parking space per every 3,000 sq. ft. of storage area. The proposed outdoor storage site is 37,300 sq. ft. in area, which requires 12 parking spaces on site. The site plan shows that there are 26 conforming parking spaces provided on site, both outside and inside the buildings. Section 9.701 of the Zoning Ordinance provides the following development standards for Outdoor Storage: · The outdoor storage area shall be accessory to a commercial or industrial use. The proposed outdoor storage at Minnesota Petroleum is an accessory use to the business. · Outdoor storage within the public right-of-way is prohibited. There will be no outdoor storage within the public right-of-way, as shown on the site plan. All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The outdoor storage meets the setbacks required for principal structures in the I-2 District, as shown on the site plan. The setback from the 'City of Columbia Heights City Council August 23, 2004 Outdoor Storage Conditional Use Permit Case # 2004-0801 side yard is 12 ft. and the setback from the rear yard (3~h Avenue) is shown to be 24 ft. It should be noted that technically the property is a '~through lot,' meaning it has frontage on two public streets, so the minimum required setback along 38~h Avenue is only 20 ft as it is considered a Yront yard.' Setbacks for parking spaces to the side property line are shown to be 5 ft, as required in the Zoning OrdinanCe. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. The outdoor storage area begins about 40 ft. from the rear of the principal structure, as shown on the site plan. The storage area shall be fenced and screened from adjacent uses and the public right-of- way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year around basis. The property is currently surrounded by a 6 ft. high fence. Minnesota Petroleum will add an opaque facing to the fence along the right-of-ways at both 39th Avenue NE and 38~h Avenue NE so that the outdoor storage will not be visible from the view of the public right-of-way, as shown on the accompanying site photographs. Minnesota Petroleum will a/so add opaque fencing along the side property lines on a phased basis as the outdoor storage area is extended in the future. All goods, materials and equipment shall be stored on an impervious surface. The site to be used for outdoor storage is currently paved. Any weeds existing in this area must be removed and the area maintained in accordance with City Codes. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. Also, the Fire Department requires that the business install a key lock box on the building to provide keys for access to yard gates and all areas of the building and fire alarm/sprinkler system. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. The height of the existing fencing at the property is 6 ft. The maximum height of some of the materials to be stored on site will be approximately 8 ft., but these items will be required to be stored in the area closest to and behind the back of the principal structure so that visibility from the public right-of-way is minimized. Findings of Fact The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning ,Administrator: Outdoor Storage is a Conditional Use in the I-2 General Industrial District. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for industrial use. Outdoor storage provides additional storage options the industrial properties in the 1-2 General Industrial District. Page 2 City of Columbia Heights City Council August 23, 2004 Outdoor Storage Conditional Use Permit Case # 2004-0801 The use will not impose hazards or disturbing influences on neighboring properties: The outdoor storage will be setback from adjacent property lines in accordance with the standards of the Zoning Ordinance and therefore should not have any detrimental impact on neighboring properties. The use will not substantially diminish the use of property in the immediate vicinity: The outdoor storage as proposed will have no impact on the use of adjacent properties, all of which are zoned for industrial use. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area: The outdoor storage as proposed should not negatively impact the existing character of the vicinity. Other uses in the 1-2 District currently store vehicles and equipment outdoors. The outdoor storage operation will be compatible with the surrounding area. The use and property upon which the use is located are adequately served by essential public facilities and services: The property is currently served by adequate public roadways and necessary utilities. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic: The traffic generated by the outdoor storage area will be limited to the delivery and transport of stored equipment and the site is significantly large to handle these traffic movements. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the outdoor storage should not have a negative impact on other uses in the immediate vicinity, which are all zoned for industrial use. The use complies with all other applicable regulations for the district in which it is located: As determined by staff, the use complies with the applicable regulations of the I-2 General Industrial District. Recommendation The Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage subject to conditions of approval outlined below: Motion: Move to approve the Conditional Use Permit for outdoor storage at 674-682 39th Avenue NE, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. The fencing along 39th Avenue and 38th Avenue shall be made at least 80 percent opaque. Page 3 ~.ity of Columbia Heights City Council August 23, 2004 Outdoor Storage Conditional Use Permit Case # 2004-0801 Any materials greater than 6 ft. in height must be stored in the area closet to and behind the principal structure so that visibility of storage is minimized from the public rights-of-way. Typical maximum height of materials to be stored when in crates and on palettes shall be approximately 8 ft. The Fire Department requires that the storage area be maintained with aisle ways so that they may have access to all parts of the storage area. The Fire Department does not allow any storage to exceed 20 ft. The Fire Department requires that the business install an approved key lock box on the building per Fire Department policy to provide keys for access to all areas of the buildings, fire alarm/sprinkler system, and yard gates. All weeds shall be removed and area must be maintained in accordance with City Code. The 80% opaque screening must be added to side yard fencing before additional storage area is expanded in the future. Attachments · Location Map · Site Plan and Site Photographs Page 4 UJ I11]1 II 111~ l]lllllltll ~ I1)*lllliI/ll'*l"l'"l [[I-IT[rlT-~ I i*l __ llJ. Ilrtll,~ I-/J~ I1!,11 II I'-,I,,..~ 1 IIIII111111 __ 111 I :' I ll~lllll I ®iitl[l ] ]U[ili[[t[[ [[[] [ [t!,[[[[ III ]'"~! H [[ [ti [[[[[ n[[][[[ [[]]] [[[j[[[i[][[.,L["! [[[[[ [[ iii ]][] t'["ii [It i~ I Il I tl'l I[l[ [[ Ill Ill till'Il[l-Ill:Ill [ [Iii l[ ]'~]"i']'['-'[llltlllilll I Illll fill Illlll Ill ll lli Ill Ill ![I:tl:1!~ III1f-- uo!loej!(] pun uoi1Doo-] eJnl:)}cl =(~ (~m) I~Fi¥ D~ 3IHctV~9 Nlq 'slq61eH ojq~unloO 3N e*¥ q18s: t/.g 'OUl *aopues udneloJlecl oloseuulpI ,6'6[~ i,i n-1 ~tooqlas Picture of opaque fencing material (80%) for 39~ Ave and 38~ Place. COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 23, 2004 AGENDA SECTION: Items for Consideration, ORIGINATING DEPARTMENT: CITY 'MANAGER'S No:Other Business ~, ~')-,:,~) Community Development APPROVAL ITEM: Approval of the Development Contract and Final Plat for Grand Central Lofts BY: Ellen Berkelhamer ~ BY DATE: August 17, 2004 BACKGROUND: In November 2003, the City Council approved the Prelim/nary Plat of subdivision for the Grand Central Lofts. On July 7, 2004, the Developer appeared before the Planning Commission for review of the Final Plat of subdivision and additional Site Plan review for approval of the sign design. The Planning Commission approved the signage plan and passed a unanimous motion recommending that the City Council approve the Final Plat of subdivision, subject to certain development conditions, as detailed in the attached planning report. Additionally, a proposed Development Contract is attached for Grand Central Lofts. The contract between the City and the Developer defines several things related to Public Improvements. It provides or defines: The role of each for public improvements · Establishes financial sureties to the City from the Developer · Establishes warranties provided by the Developer to the City of Columbia Heights · Sets forth additional construction and inspection related requirements particular to the development. · Assigns responsibility of costs for specific public improvements. · Establishes an engineering escrow to recover inspection costs. · Sets forth other work to be completed by the Developer in an established time frame specific to the project. The Development Contract is to provide protection, financial sureties, and cost recovery to the City for specific developments. The Development contract has been reviewed by the City Attorney with a recommendation for approval. RECOMMENDATION: That the City Council approve the Development Contract between the City and Developer for Grand Central Lofts. The Planning Commission recommends that the City Council approve the Final Plat of Subdivision subject to certain conditions of approval. RECOMMENDED MOTION: Move to approve the Grand Central Lofts Development Contract between the City of Columbia Heights and New Heights Development and Nedegaard Custom Homes; and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. Move to approve the Final Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. 2. The Developer must dedicate 27 ft. of right of way to Anoka County along the 49th Avenue access. 3. The Developer must install a sidewalk along the 47th Avenue right-of-way from the west boundary of the property east toward Fillmore, and include a sidewalk link to Central Avenue as part of the development of the commercial parcel, Outlot C. 4. The Developer must make a park dedication contribution in the amount of $172,500 (or $750 per unit for 230 units) prior to building permit issuance, in accordance with the Development Agreement. 5. The Homeowners Association covenants will be submitted in a form acceptable to the City Attorney, in accordance with the Development Agreement. 6. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall design by a registered engineer. 7. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (.dwg) format. 8. The City's requirement for intersection clear zone, or a 30-foot triangle must be maintained at the public road access on 49th and 47th Avenues, including the landscape and signage plan. 9. A copy of Anoka County's acceptance of the right mm lane construction and lane restriping on 49th Avenue must be provided to the City Engineer. Attachments: Plannin$ Report to City Council; Development Contract COUNCIL ACTION: CTTY OF COLUMBZA HEI'GHTS PLANNI'NG REPORT TO CZTY COUNCI'L CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2004-0701 August 23, 2004 Columbia Heights City Council Nedegaard Custom Homes Kmart Site - 4747 Central Avenue NE Approval of Development Agreement Final Plat Approval for Grand Central Lofts Ellen Berkelhamer, Senior Planner, Dahlgren Shardlow and Uban Planning Considerations Consistency with Comprehensive Plan, Zoning Ordinance and Design Guidelines As discussed by the Planning Commission and City Council during the review of the Preliminary Plat, the development is in conformance with the City's Comprehensive Plan and Zoning Ordinance requirements for the Transit Oriented Mixed Use District and with the Design Guidelines for property in the Highway District. Consistency with Preliminary Plat The Preliminary Plat addressed the entire portion of the Kmart redevelopment area that contained the vacant Kmart store and parking lot and the Arby's site. The Final Plat covers this same area but at this time only plats individual lots for the three condominium buildings, one grouping of three townhome units, the community center site, the Arby's site, the stormwater retention area, and a portion of the new public roadway extending from 47th Avenue NE. A second final plat will be brought forward by the Developer in the near future to plat the remainder of the townhome units and the remainder of the public road. The final plat is being brought forward in two pieces because the Developer has not yet acquired all of the property or easements necessary to construct the entire length of the public road from 47th Avenue NE to 49th Avenue NE. 49th Avenue Right-of-Way Since the approval of the Preliminary Plat, Anoka County has reviewed the proposed development plan and determined that an additional 27 ft. of right-of-way must be dedicated to the County adjacent to 49th Avenue for the width of the property controlled by the Developer for the purpose of the future installation of a right-turn lane into the development. The Developer has shown this proposed dedication at the intersection of the new public street and 49th Avenue, · City of Columbia Heights City Council August 23, 2004 Grand Central Lofts Preliminary Plat Case # 2004-0701 covering all of the property controlled by the Developer adjacent to 49th Avenue at this time. Approved Site Plan Changes For the Council's information, the developer requested and was granted approval to increase the number of units in each of the condominium buildings from 66 units to 70 units. Section 9.413 of the Zoning Ordinance addresses changes to approved site plans and states that "(a)n approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this Section." The City Planner and Community Development Director determined that that the proposed increase in units constituted a minor change because each building contained the parking spaces required to accommodate the increase in units. The City's Zoning Ordinance requires that for multi-family structures, one parking space be provided for every- one-bedroom unit and two parking spaces be provided for every two-bedroom unit. With 32 one bedroom units and 38 two bedroom units, 108 parking spaces are required. Each building is propoSed to contain 112 parking spaces, which exceeds this requirement. The City Planner, Community Development Director, Public Works Director and Assistant Fire Chief all reviewed the plans for the proposed increase in units and reviewed the layout of the proposed internal parking area to ensure that parking for the additional four units per building was able to be accommodate pursuant to the Zoning Ordinance and Building Code. Findings of Fact The Final Plat of Subdivision is found to meet the following Findings of Fact established in Section 9.412 (6) of the Zoning Ordinance for Final Plats. 1. The Final Plat substantially conforms to the approved Preliminary Plat. The Final Plat conforms to the approved preliminary plat and includes revisions or modifications that were listed as conditions of approval of the preliminary plat. 2. The Final Plat conforms to the requirements of the Subdivision Ordinance. The list of attached conditions of approval ensures that the Final Plat conforms to the requirements of the Subdivision Ordinance. Recommendation The Planning and Zoning Commission recommends that the City Council approve the Final Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: Page 2 · City of Columbia Heights City Council August 23, 2004 Grand Central Lofts Preliminary Plat Case # 2004-0701 o Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. The Developer must dedicate 27 fl. of right of way to Anoka County along the 49th Avenue access. The Developer must install a sidewalk along the 47th Avenue right-of-way from the west boundary of the property east toward Fillmore, and include a sidewalk link to Central Avenue as part o the development of the commercial parcel, Outlot C. The Developer must make a park dedication contribution in the amount of $172,500 (or $750 per unit for 230 units) prior to building permit issuance, in accordance with the Development Agreement. The Homeowners Association covenants will be submitted in a form acceptable to the City Attorney, in accordance with the Development Agreement. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall design by a registered engineer. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (.dwg) format. The City's requirement for intersection clear zone, or a 30-foot triangle must be maintained at the public road access on 49th and 47th Avenues, including the landscape and signage plan. A copy of Anoka County's acceptance of the right turn lane construction and lane restriping th on 49 Avenue must be provided to the City Engineer. Attachments · Final Pl~t Page 3 GRAND CENTRAL LOFTS '\ \ 12 I. J L_ J I' I 'r1 I OUl'LO'rC BLOCK 1 MALAN AOOITION : ST~,TE NZg~IV,~Y Ha. 6~ 18Hoo'24'~'[ ~46.oo I HO0'24',,~: ~o.0~ ~ .............. STATE TRUNK HIGHWAY NO. '""i,~ ............... t i' 'r Bohlen Surveying & Engineering GRAND CENTRAL LOFTS IO4OW ALL pERSONS BY THINE PRESENTS: That New Hei[hts LLC.,, a Minnsaotn Corporation, owner and prop~etor, oF ~e following described prope~y simeted in thc County of Anoka and State of Minnesota, to That p.~ of th · West nine hundred (W. 900) feet of the Northwest Q~arter of the Southwest Ouarler (NW % or' the SW ¼) o f Seclion Twenty-five (25). Township Tbl.-~y (30), Rnng¢ Twenty-four (24), Aonka County, Minnesota lying Southerly of the Southerly P,/W line of 49~ Avenue NottheasL e~cept thc South twmty-four (S.24) feet the~of and ~c~pt that pnxt [yinl~ Weet~rly ~md Hor~ly of t~ fol~)wing ~'~bed line: Commenci~ at ~h~ Southwe~ comer of said Northwe~ Qumer of Southwe~ Quaner Ct'~/~ of SW "A); thrace on an ssaumed beau'lng o t'N 0~24'48" F~ dong 0~e West line of said No~hweet Quarter oF Sou~weet Quntler (NW ~ of SW ~) · di~mce 4'/6,01 feet to actual poinl or' be~Umin[ of llne to be descn"oed; thence S 89*26' 57" E, · dis~nce of T~/.60 Feet; thenc~ N 25°14'48" E, a disumce of 112.'/2 feet; thence N 00'24'48" E, n dislancs of 226.g9 fee~ thmc~ $ 89°35'12" E, a di~.ance of 195.67 fce~ ~,hance N E, to it, s ic~tu~r~.-~ioo with a line bemin[ Eas~ ninety da~'ees (!~6~) from a P°iht on the '~''est line of said Need~w~t O~m'¢er °f Sou~west Quan~ (NW I/4 ot'SW 1/4}, said point bela[ ~ hond~l ei~-~.th~e and zero tenths (383.0) fcet ~oultmiy from the 4o~hwest com~ of said Nottlnvest Queer of Southwest Qua~er (NWI/4 of SW 1/4): thence North parallel with and five hund~-d t'~Ry ($$0) fe~t Easo~ly from said West line to the interso.-.fion of said Southerly R/W line of 491h Avmue Northeast and the~ terminating. AL~ excep~ tho~ pans platted ns Cheery Hei[hts and Malta Additkm. Al~o Lo~ 1, Block l, ~ Addition, aeco~iin[ to the recorded plat thin.of, nnd simam in Anok~ County, Minnes~a. Have caused the san~ to be su~cyed and platted ts GRAND CENTRAL LOFI'S and do he~'eby dedie.~ to the public, for public f~ve~, the a~nue, s~ce~ and dso dedlc~e the e~-menta ns show~ on the plet for dtsinagn and utility purpos~ only. In witness whe~of said N~v Hei~ gL.C., a lvlinn~ota Cocpuredon, has c~tused these prmmts to be signed by i~ proper of~cer this__~y of ,20__. ~- " New HeiFers LLC. By B~ce Nedegnard, Pt~-~de~t STARE OF MINNESOTA COUNTY OP The fo~8oin~ insmnnmt was ~lmowledg~d het'o~ me this day of ,20~ by Bruce Nedegnn~d, p~sid~nt of'New Heigl~s L.L.C, ~ Nomy Public, My Commi.~ion ~pir~ County, Minnesota [ heathy cedi fy that ! have surveyed and platted the preperty described on this plet ns GRAND CENTRAL LOFTS; thet this plat il~ correct r~re~m~ion of the ~r~y; that dl distances a~e ¢ono~y shown on ~ plat in feet and hundmtths of a foo~ that outside boonda~ line~ ate cor~cfly dsaignaled on the plat; and ~t the~e ar~ no wet lands ~ defined an M~ ~0~.oZ, ~. h highways to he d~i~eted mher thnn ns shown. LeRoy H. Bohle~, Land Su~eyor lV[innesom llcms~ No. 10795 STATE OFMINNESOTA COUNTY OF Thef~egningSu~eyo~sCerlificntewnsnclmowled[ed hefo~m~i$__dayof Bohlan, Minnesota ~censeNo. lO?95. ,, 20~ byLe. Roy H. ,20~ the City Council of Columbia Hei~ht~ Minnesota We do hereby c~t[fy ~het on the __ day of approved this phc Clerk. pursumt to Secfi~ 393D.$5, Minnesota Statutes, this plat ha~ been approved this ., day of ,20 By Anoka County Surveyor I do he.by certify that the tax~ t'or the year 20__ for the lind described on this plat ns Gnmd Cenmd Loih haw been paid and ~ · delinquem tn.xes due sad transfe~ entered o~ this day of ,20.~. County Tm~urer-Auditor, Anok~ County, l~inneso~ Doounmt Numbe~. I h~c"by ce~.fy that th~s insinu~ent w~ filed in the office of the County Recorder for record on ~__ day of.~ 20~ at__o'ciock__.M., ~nd w~s duty r~corded in Book -- of__on pa~e . County Recorder, Anoka County, Minnnsota SHEET 1 OF 2 DEVELOPMENT CONTRACT FOR PLAT OF GRAND CENTRAL LOFTS ANOKA COUNTY, MINNESOTA INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR GRAND CENRAL LOFTS, ANOKA COUNTY, MINNESOTA RECITALS ARTICLE 1 - DEFINITIONS 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 TelTaS City of Columbia Heights Developer, Owner Plat Development Plans Development Contract Council PWD Director of PWD County Developer Improvements Developer Public Improvements Developer Default Force Majeure Developer Warranties A. Authority B. No Default Co D. E. F. G. H. Present Compliance With Laws Continuing Compliance With Laws No Litigation Full Disclosure Two Year Warranty On Proper Work and Materials Obtaining Permits 1.16 City Warranties A. Authority 1.17 Formal Notice ARTICLE 2 - DEVELOPER IMPROVEMENTS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Developer Improvements Boulevard and Area Restoration Street Maintenance Occupancy Approval of Contractors and Engineer Construction Inspection Faithful Performance of Construction Contracts City Acceptance ARTICLE 3 - RESPONSIBILITY FOR COSTS 3.1 Developer Improvement Costs 3.2 Enforcement Costs 3.3 Time of Payment ARTICLE 4 - DEVELOPER WARRANTIES 4.1 Statement of DeveloPer Warranties ARTICLE 5 - CITY WARRANTIES 5.1 Statement of City Warranties ARTICLE 6 - INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 - CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 7.2 7.3 7.4 City Remedies No Additional Waiver Implied by One Waiver No Remedy Exclusive Emergency ARTICLE 8 - ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 - MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording 4 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver 9.8 Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Park Dedication 9.15 Record Drawings 9.16 Additional Agreements 9.17 Release of Development Contract EXHIBIT A - LIST OF DEVELOPMENT PLANS EXHIBIT B - DEVELOPER PUBLIC IMPROVEMENTS EXHIBIT C - ESCROW AND PARK DEDICATION CALCULATION 5 CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR GRAND CENTRAL LOFTS THIS AGREEMENT, made and entered into on the Twen .ty Third day of August, 2004, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (hereinafter called the CITY), and the OWNER and DEVELOPER identified herein. RECITALS: WHEREAS, the DEVELOPER is requesting preliminary and final approval of the PLAT; WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and final plat and the DEVELOPMENT PLANS, and the same have been approved by the CITY, WHEREAS, in conjunction with the granting of final plat approval and other approvals, the CITY requires the installation of: a. Sanitary Sewer Reconstruction fi.om 47th to 51 st Avenues. b. turn lane and restriping on 49th Avenue as required by Anoka County, c. installation ora 5 foot concrete sidewalk on the north side of 47th from Central to Fillmore Avenues, and d. Site Landscaping and Street Lighting. WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429 and 462, the COUNCIL has agreed to approve the DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. WHEREAS, the DEVELOPER has filed four (4) complete sets of the DEVELOPMENT PLANS with the CITY; WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional engineer and have been submitted to and approved by the DIRECTOR OF THE PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 ARTICLE L DEFINITIONS TERMS. The following terms, unless elseWhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings as set forth below. CITY. "CITY" means the City of Columbia Heights, a Minnesota municipal corporation. DEVELOPER. OWNER. "DEVELOPER" means NeW Heights Development, LLC, a Minnesota Limited License Corporation, and 'OWNER" means Nedegaard Custom Homes, a Minnesota Corporation. PLAT. "PLAT" means the plat of GRAND CENTRAL LOFTS, in the City of Columbia Heights, Anoka County, Minnesota. DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached Exhibit A, and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. COUNCIL. "COUNCIL" means the Council of the City of Columbia Heights. PWD. "PWD" means the Public Works Department of the City of Columbia Heights. DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the City of Columbia Heights and his delegates. COUNTY. "COUNTY" means Anoka County, Minnesota. DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached Exhibit B. DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right-of-way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are pan of DEVELOPER IMPROVEMENTS. 1.13 1.14 1.15 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any of the following or any combination thereof: failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT CONTRACT; b) failure by the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach of the DEVELOPER WARRANTIES. FORCE MAJEURE. "FORCE MAJEURe" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), dots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: Ao Bo Co AUTHORITY. Developer is a limited liability company, validly existing and in good standing under the laws of the State of Minnesota. DEVELOPER has the fight, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT CONTRACT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibi't any of the transactions provided for in this DEVELOPMENT CONTRACT. PRESENT COMPLIANCE WITH LAWS, DEVELOPER has complied with and is not in violation of applicable federal, state or local 1.16 statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. Eo NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER or the PLAT or the ~ DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrmnentality. Fo Go FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. TWO'YEAR WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT CONTRACT against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. Ho OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: Ao AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Mirmesota. 9 1.17 CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with pOstage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights Attention: City Manager 590 40th Avenue N.E. Columbia Heights, Minnesota 55421 If to DEVELOPER New Heights Development, LLC % Bruce Nedegaard 4200 Central Avenue Columbia Heights, Minnesota 55421, and Nedegaard Custom Homes % Bruce Nedegaard 4200 Central Avenue Columbia Heights, Minnesota 55421 or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 2.1 ARTICLE 2 DEVELOPER IMPROVEMENTS DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS. The DEVELOPER IMPROVEMENTS shall be completed by the dates shown on Exhibit B, except as completion dates are extended by subsequent resolution of the COUNCIL. Failure of the CITY to promptly take action to enforce this DEVELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take 10 2.2 2.3 2.4 2.5 2.6 2.7 action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's satisfaction. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or seed in all boulevards within 21 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. STREET MAINTENANCE. The DEVELOPER shall clear, on a daily basis, any soil, earth or debris from the streets and wetlands within or adjacent to this PLAT resulting from the grading or building on the land within the PLAT by the DEVELOPER or its agents, and shall restore to the CITY's specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY's specifications any damage to bituminous surfacing resulting from the use of construction equipment. OCCUPANCY. No certificate of occupancy and no occupancy of any building in the PLAT shall occur until the DEVELOPER IMPROVEMENTS have been installed, except for the Central Avenue Sanitary Sewer, 49th Avenue Right Turn Lane, Site Landscaping and Site Street Lighting, which may be a condition subsequent. APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD. CONSTRUCTION. The construction, installation, materials and equipment related to DEVELOPER PUBLIC IMPROVEMENTS shall be in accordance with the DEVELOPMENT PLANS. The DEVELOPER shall cause the contractors to furnish the PWD with a written schedule of proposed operations, subcontractors and material suppliers, at least five (5) days prior to commencement of construction work. The DEVELOPER shall notify the CITY in writing, coordinate and hold a pre,construction conference with all affected parties at least three (3) days prior to starting construction of any DEVELOPER PUBLIC IMPROVEMENTS. INSPECTION. The PWD or its designated representative, shall periodically inspect the work installed by the DEVELOPER, its contractors, subcontractors or agents. The DEVELOPER shall notify the PWD two (2) working days prior to the commencement of the laying of utility lines, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the City shall have a 11 2.8 2.9 reasonable time, not to be less than three (3) working days, to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall result in the CITY'S fight pursuant to Article 8 to withhold the release of any portion of the escrow amount resulting from work being performed without the opportunity for adequate CITY inspection. FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (3) days after FORMAL NOTICE, the DEVELOPER agrees to repair or replace, as directed by the CITY and at the DEVELOPER's sole cost and expense, any work or materials that within one (1) years after acceptance of the DEVELOPER PUBLIC IMPROVEMENTS by the CITY becomes defective in the opinion of the City. CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. 3.1 ARTICLE 3 RESPONSIBILITY FOR COSTS DEVELOPER IMPROVEMENT COSTS. The DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. 12 3.2 3.3 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. 4.1 ARTICLE 4 DEVELOPER WARRANTIES STATEMENT OF DEVELOPER WARRANTIES, makes and states the DEVELOPER WARRANTIES. The Developer hereby 5.1 ARTICLE 5 CITY WARRANTIES STATEMENT OF CITY WARRANTIES, The City hereby makes and states the CITY WARRANTIES. 6.1 ARTICLE 6 INDEMNIFICATION INDEMNIFICATION OF THE CITY. DEVELOPER shall indemnify, defend and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) d) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; 13 e) f) g) failure by the DEVELOPER to paY for materials; approval by the CITY of the DEVELOPMENT PLANS; failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; construction of the DEVELOPMENT PUBLIC IMPROVEMENTS. 7.1 ARTICLE 7 CITY REMEDIES UPON. DEVELOPER DEFAULT CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT and the DEVELOPER shall have to cUre the DEVELOPER DEFAULT within a thirty (30) days cure'period, hereinafter defined as "CURE PERIOD". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedUres of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER DEFAULT within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit or cash deposit; the CITY may deny building and occupancy permits for buildings within the PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses 14 7.2 7.3 7.4 incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting there from, including but not limited to notice and heating requirement and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on Exhibit 'C' pursuant to Minn. Stat. 429.081. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER, In the event any agreement contained in this DEVELOPMENT CONTRACT is breached by the DEVELOPER and thereafter waived in writing by the CITY, such waiver shall be limlted to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall'not be necessary to give notice, other than the FORMAL NOTICE. EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEFAULT and notwithstanding the requirement relating to giving the DEVELOPER a thirty (30) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER a forty-eight (48) hour period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER 15 hereby waive any appeal fights up to the amount indicated on Exhibit 'C' pursuant to Minn. Stat. 429.081. 8.1 8.2 ARTICLE 8 ESCROW DEPOSIT ESCROW REQUIREMENT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on Exhibit C. All cOst estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CITY. The irrevocable letter of credit shall be for a term ending July 31, 2007. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods fi.om the present or any future expiration dates with a final expiration date of July 31, 2007, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the City if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before July 31, 2007. With CITY approval, the irrevocable letter of credit or cash deposit may be reduced pursuant to Section 8.2 fi.om time to time as financial obligations are paid, ESCROW RELEASE AND ESCROW INCREASE[ DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90%) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10%) of that portion of the irrevocable letter of credit, or cash depOsit, for those specific completed improvements shall be held until acceptance by the CITY and 16 expiration of the warranty period under Section 1.15 hereof; in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10%). If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. 9.1 9.2 9.3 9.4 9.5 9.6 ARTICLE 9 MISCELLANEOUS CITY's DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT CONTRACT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT CONTRACT. RECORDING. The DEVELOPMENT CONTRACT and PLAT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. BINDING AGREEMENT. The parties mutually recognize a nd agree that a 11 terms and conditions of this recordable DEVELOPMENT CONTRACT shall nm with the PLAT and shall be binding upon the heirs, successors, administrators and assigns of the DEVELOPER. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission of the COUNCIL. The DEVELOPER's obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 17 9.7 9.8 9.9 9.10 9.11 9.12 9.13 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Mirmesota. COUNTERPARTS. This DEVELOPMENT CONTRACT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT CONTRACT or if the obligations imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the PLAT to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. LANDSCAPING. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screeni, ng materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy and building. For Blocks 1, 2, and 3 of the 18 9.14 9.15 9.16 Development, this requirement shall be based on the landscaping and screening materials for each BloCk. b) A letter of credit or other security as acceptable to the CITY shall be deposited with the Director of Public Works, in an amount equal to ten percent (10%) 0fthe estimated cost of landscaping and/or screening. The letter of credit or other security as acceptable to the CITY, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons, as defined by MnDOT. A portion of the letter of credit or other security as acceptable to the CITY may be released after one growing season as determined by the Director of Public Works. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced immediately, or within the next planting season if required by the weather. PARK DEDICATION. The City hereby determines Park dedication fees in the amount of $750.00 per unit, and that such fees be paid prior to the building permit issuance, to be deposited in City Fund 412, Parks Capital Improvements. The calculation shall be as provided in Appendix C. RECORD DRAWINGS. The OWNER shall provide to the' CITY, upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as-built" condition of the DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. ADDITIONAL AGREEMENTS. A. The developer shall be limited to constructing one 70-unit Condominum building and three town home units prior to the sanitary sewer reconstruction on Central Avenue. No additional building permits will be issued until such time as construction has begun on the following: a. Sanitary Sewer Reconstruction fi.om 47th to 51st Avenues, and b. Right turn lane construction and lane restriping on 49th Avenue as required by Anoka Coun _ty. B. OWNER hereby agrees that the CITY shall n~t release the PLAT to the OWNER for recording until the OWNER has documented Land Acquisition Agreement/Easements and a Utility and Storm Water Pond and Appurtenances Maintenance Agreement, which is in a form that is acceptable to the CITY's attorney. 19 9.16 Co OWNER hereby agrees that the CITY shall not release the PLAT to the OWNER for recording until the OWNER obtains the Anoka County Highway Department plan approvals for the rOad access connection on 49th Avenue. RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. The CITY agrees to cooperate with the DEVELOPER to process a recordable release of this DEVELOPMENT CONTRACT for title purposes provided.that said improvements have been completed and said warranties have expired. IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS By: Julienne Wyckoff, Mayor By: Walt Fehst, City Manager OWN~F.,R. AND DEVELOPER: 'r-~ruce Nede-gaa~d,) Its ¢~.~'t.O ~N.~l~' STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) 20 On this day of ,2004, before me a Notary Public within and for said County, personally appeared to me Julienne Wyckoff and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) SSo COUNTY OF ANOKA ) On this I q day of ~ ,2004, before me a Notary Public within and for said County, personally app~eared Bruce Nedegaard, to me personally known, who being by me duly sworn, each did say that he is the ~t--~ ~c{ e.~ of New Heights Development, LLC, named in the foregoing instnunent, and that said instrument was signed in behalf of said New Heights Development, a Minnesota Limited Licensed Corporation by authority of its ~roce ~{~-~-.~.~.~, and said ~°c~-~, ~'d e_e,.4- acknowledged said instrument to be the free act an'~] deed of the New Heights Development, LLC. Notary Public THIS INSTRUMENT DRAFTED BY: Kevin Hansen, P.E. Public Works Director/City Engineer City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 763/706-3705 James Hoeft City Attorney Bama, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783-5122 21 22 EXHIBIT A LIST OF DEVELOPMENT PLANS PLAN DESCRIPTION DESIGN PLAN DA TE 1. Erosion Control and Grading Plan Humphrey Engineering 8/2~04 2. Street Plan (Public/Private) Humphrey Engineering 8/02/04 3. Utility/Site Plan (Public/Private) Humphrey Engineering 8/02/04 4. Landscape Plan Close Landscape 5/25/04 Architecture o Street Light Plan Close Landscape 7/31/04 Architecture Central Ave Sanitary Sewer Plan (47th to 51st Avenues) Humphrey Engineering 2005 -1- EXHIBIT B DEVELOPER PUBLIC IMPROVEMENTS The items checked with "PUBLIC" below are those DEVELOPER IMPROVEMENTS that are DEVELOPER-PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE 12/31/04 X Public 12/31/04 X Public 9/31/05 12/31/04 9/31/05 9/31/05 9/31/05 X Public 9/31/05 X Public 12/31/05 IMPROVEMENT Grading Plan Utilities (Tyler Street) Street (Tyler Street) Utilities (Pla0 Streets (Pla0 Landscaping Street Lighting Sidewalk (47th Avenue) Central Ave Sanitary Sewer (47th to 51st Ave) Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior t° occupancy of any building on Grand Central Lofts, except for the Central Avenue Sanitary Sewer, 49th Avenue Right Turn Lane, Site Landscaping and Site Street Lighting, which may be a condition subsequent. -2- EXHIBIT C ESCROW AND PARK DEDICATION CALCULATION(S) DEVELOPER IMPROVEMENTS 1. Erosion ControlfRestoration $ 40,000 2. Central Avenue' Sanitary Sewer $ 291,400 3. Utilities $ 170,000 4. Public Street $ 125,000 5. Right Turn Lane/Restriping $ 20,000 6. Landscaping (incl. Retaining Walls) $ 250,000 7. Street Lighting $ 95,000 MULTIPLIED BY: 1.20 EQUALS: $1,200,000 For the above Work, DEVELOPER shall post escrow* for $1~200~000. (* Form in accordance with Section 8.1 of this agreement.) Park Dedication MULTIPLIED BY: EQUALS $750.00 per unit 230 $172,500.00 In addition to the letter of credit required above, the DEVELOPER shall also deposit $25,000 in cash with the CITY contemporaneously with execution of this DEVELOPMENT CONTRACT. This $25,000 shall be to pay the CITY for engineering site inspection fees at the CITY's standard rates charged for such tasks. Upon acceptance of the DEVELOPER PUBLIC IMPROVEMENTS, the CITY shall return to the DEVELOPER any remaining portion of the $25,000 not otherwise charged against the DEVELOPER for engineering inspection performed by the CITY. To the extent the engineering inspection fees, calculated according to the CITY's standard rates, exceed the $25,000 deposit, the DEVELOPER is responsible for payment of such excess within thirty (30) days after billing by the CITY. 3/9/04 4/23/04 7/7/04 7/29/04 -3-