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November 8, 2004 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.C., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINIS TRA TION Mapor Julienne Wyckoff Councilmembers Robert A. Williams Bruce Nmvrocki Tammera Ericson Bruce Kelzenberg Cit~ Manager Fgalter 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, November 8, 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 Administrative Secretary at 763-706- 3606, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Dave Briley, Oak Hill Baptist Church 1. CALL TO ORDER/ROLL CALL ~. rs~Et, t_,E OF o 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.) 4. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations 1) November- Values First Month - Barb Warren B) Presentations 1) Vietnam Veterans of America, Inc. C) Introduction of New Employees - none D) Recognition - none pt} Pll 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 November 3, City Council Election Canvass meeting MOTION: Move to approve the minutes of the November 3, 2004 City Council Election Canvass ~ 16 meeting as presented. 2) c) THE CITY Accept Boards and Commissions Meeting Minutes a) MOTION: Move to accept the October 18, 2004 minutes of the Library Board ['17 b) MOTION: Move to accept the October 21, 2004 minutes of the Telecommunications ~1 ~ Commission MOTION: Move to accept the November 3, 2004 minutes of the Planning and Zoning ['22 Commission MOTION: Move to accept the October 21, 2004 Charter Commission Minutes ['28 OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda November 8, 2004 Page 2 of 3 3) Approve the Conditional Use Permit for Rudolph's Trees to allow for seasonal agricultural sales at 4300 Central Avenue NE MOTION: Move to approve the Conditional Use Permit for Rudolph's Trees to allow for seasonal agricultural sales at 43 00 Central Avenue NE as the use is consistent with the General Business District, and meets the required performance standards and required finds, subject to the following condition: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Cormnunity Development Department prior to display of Christmas trees. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 4) Approve Business License Applications P38 MOTION: Move to approve the items as listed on the business license agenda for November 8, 2004, as presented. 5) Approve Payment of Bills P40 MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 110411 through 110577 in the amotmt of $941,099.65. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 1635 49th Avenue N.E. MOTION: Move to waive the reading of Resolution 2004-77, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-77, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinmace Code Section 5A.408(1) of the Rental License held by Abdullahi Elmi regarding rental property at 1635 49th Avenue N.E. P48 B) Adopt Resolution Declaring Property at 3730 Tyler Street N.E. a Nuisance and Approving the P52 Abatement of Violations MOTION: Move to waive the reading of Resolution No. 2004-78, there being ample copies available to the public MOTION: Move to adopt Resolution No. 2004-78, Resolution of the City Council of the City of Columbia Heights Declaring the Property at 3730 Tyler Street N.E. a Nuisance and Approving the Abatement of Violations from the Property Pursuant to City Code Section 8.602. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations -none C) Other Business 1) Approval of a Development Contract for the Amended Final Plat of Grand Central Lofts and PS 5 Approval of the Amended Final Plat of Grand Central Lofts MOTION: Move to approve the Development Contract for the Plat of Grand Central Lofts. Move to approve the Amended 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. City Council Agenda November 8, 2004 Page 3 of 3 3. o 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 lilac to Central Avenue as part of the development of the COlmnercial parcel, Outlot C. The Developer must make a park dedication contribution in the amount of $173,250 ($750 per unit for 231 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 Avelmes, including the landscape and signage plan. 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 CiW Manager B) Report of the City Attorney o CITIZENS FORUM (At this time, citizens have an opporttmity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five mimttes.) 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. l~i~t7 City Manager WF/pm P~OC£AMAq7OW Clq~YO~F COL ~3~IA 7t~Ig7t~S VAL ~)BS qYRgT M OHrlH' HOq~M~BR2004 WJI~P~AS, Values q~irst was formed in 1994 by local leaders to foster collaborative efforts by building relationships andnetworb6 to support healthy famines andcommunities and to develop a safe andstable environment for children; and q, VJ~P~AS, Values Pirst 's frameworbocor the establishment of goals includes encouraging coummunity members to embrace and demonstrate the seven core community values in their daily ~ves: responsibility, non-violence, self-contro6 citizenship, integrity, respect and caring; and q, ffH~P, FoAS, Values ~irst promotes the 40 q)evelopmentalAssets of Search Institute which are building 61ocb4 of healthy development that help young peole grow up to be healthy, caring and responsible; and WHiP, AS, Values q:irst includes representation from the community at large, businesses, senior citizens, faith commnities, youth organizations, schools, commnity organizations, and city and county government. HOPf qTFEP~q~OP~, $B IT PG~OL q,~q), that I, Mayor Jubenne Wyckoff , do hereby proclaim the month of Hovemher 2004 as VAL UBS q~IPGT M OHrlH.. Mayor Jullenne Wyckoff Columbia Heights · £ridl©; · Hilltop Monthly Core Community Values Program The seven core values are the corner stones of our community. You are encouraged to promote these core community values in your organizations, workplaces, schools and classrooms. From October through May you are encouraged to promote the designated value of the month. Together we can continue to reinforce the message of the values in our community! October-Nonviolence Learning and using mediation skills · Avoid TV or other media that glorifies violence · report acts of violence November & December- Caring Showing by my actions that I value myself and others January - Respect Showing consideration for self, others, and property · Being kind and understanding to others · Being a good listener February-Citizenship Participating in community events ·Voting ·Volunteering my personal talents and skills March - Integrity Setting a good example · Being Honest April - Self-Control Thinking through my actions before acting · Learning how to resolve conflict with others · Not giving into pressures when I know it is wrong May - Responsibility Being dependable · Taking responsibility for personal actions · Following through on commitments and promises · Accepting the consequences of my decisions A community initiative in Columbia Heights ,Fridley ,Hilltop Values First 10 Year Community Collaborative Survey Responses November 2004 In May of 2004 a survey was conducted in Southern Anoka Comity with 30 entities to tell us how their organization incorporates the values in their mission, programs/activities, school, classroom, etc. Listed below are the responses from the 21 entities that replied. Organization Contact Activity/Information Fridley Learning Jackie Johnston a. At the Fridley Learning Innovative Program we display the values in our hallway. Innovation b. During our advisor/advisee period, 'which meets twice a week, we took a different Program Value each week and did the activity and discussion around the Value. c. We also incorporate discussion of the Values with students referred for discipline issues. Columbia Heights Becky Loader Columbia Height Historical Society provides a forum for Heights history with Historical Society Columbia Heights discussion at our meetings. Library Columbia Heights Library has an archive where items of historic interest are stored. We encourage citizen donation of historic materials so they will be preserved. We have ongoing oral history projects, recording events in the lives of the Height's seniors. Columbia Heights Karen Moeller a. We have a poster of the values in our senior center. Senior Program Director b. Seniors helped with the Empty Bovds project. c. We assembled 1,000 gift bags for the special olympics state games. d. Seniors volunteered at the Red Cross blood drives. e. Selfiors presented paper products collected to Ronald McDonald's House. f. Senior participated in a monthly Values First program on each value. Roslyn Park Wesleyan Pastor Dale We have a Kids' Club for children ages 4 to grade 5 on Wednesday evenings from Church Christiansen 7:00 PM to 8:00 PM. Using the Bible, we teach children to honor God and their neighbor by building personal character through their faith and by treating others with love and respect. League of Women Voters Vicki Klaers While the Fridley League supports, and adheres to all the seven of the community President values, I have outline two of which we have had activities, citizenship & responsibility. Redeemer Lutheran Pastor David Our mission, vision, and core values a't Redeemer Lutheran Church support the Church Glesne community core values in every way. Redeemer embraces the following area specifically in out vision statement and core values through the emphasis of our actions and responsibility to others in small groups, through using our God-given gifts, giving of our time in the community, extending grace to other, and expressing love to others. Girl Scouts Girl Scout Council Girl Scouts dedicate ourselves to the purpose of inspiring girls with the highest of Greater ideals of character, conduct, patriotism, and service that they may become happy Minneapolis and resource citizens. Girl Scouting is an exciting and unique program of fun, fi'iendship, learning, and leadership. In Girl Scouts, girls have opportuaities to interact with other girls and adults from diverse backgrounds and to participate in activities that promote respect and multicultural understanding. Hayes Elementary School John Piotroschke I have attached documents we use at the school to embed Values First and character Principal education into our school. (curriculum & posters) Fridley Middle School Margaret Leib£ried At Fridley Middle School the core community values form the basis of our Character Principal Education Focus. We not only embrace these values, but we model and teach them to our students by integrating them into our daily operations. Program list includes: a. Advisor/Advisee b. Discipline Program c. Peer Helper Program d. Flagship Program e. Courage Retreat f. Everyday Hero Essay Contest g. Morning Announcements and Principal Meetings h. Adult Advocate Program Stevenson Elementary Maxine Werner Stevenson Elementary staff and students embrace the values. Each value is emphasis Principal during a month theme. We have a consisted enforcement of high behavioral expectations along what the systematic teaching of positive and productive values. The Values First program at Stevenson provides clear and consistent expectations for students' behavior. We believe that the success of this program is credited to staff and parent involvement in teaching the values. 2 Fridley High School Dave Web The Values First initiative continues to enhance many different educational programs Principal at Fridley High School (FHS). a. This year for example, Values First greatly supported our efforts to implement our first ever Respect Retreat for all 9th graders at FHS. Our school board was so impressed with this program that they set aside the entire first day of school for our Senior Mentors to provide small group orientation for each of our 9th graders. b. In the area of student discipline the core values continue to act as the a vision statement for appropriate behavior. c. We highlight and announce the values prior to sports competition as a way to instill ongoing positive success on and off the field. d. New program as a result of Values First called, Coaching Changing Lives, focusing on character education for student athletes. SACA Marilyn Peters Our Board of Directors and staff and all of our wonderful volunteers use the values Director everyday at SACA and in our own lives. We are helping many people who are having a hard times and tit is great to see our staff show them all of the values to each other. We have a wonderful crew at SACA - like a fmuily we've all been here many years and work well together. Valley View Elementary Kathleen Kaiser Valley View Elementary students, staff and families do an outstanding job of upholding Principal and modeling the seven core community values. a. Teachers work with students each month beginning in October to understand what each value means and how we can all behave in a manner that reinforces the values. b. Each day individuals at Valley View meet the high behavioral expectations that we (and the values) have set for them. Central Middle School Brian Espe The community core values are implemented in STAR via the Project Wisdom Principal curriculum. Here is a list of programs CMS has established which reinforce the importance of the values to students and staff: 1. Daily "words of wisdom" announcement 2. Journey to a Better Life Program 3. Everyday Hero Essay Contest 4. Courage Retreat for 8th Grade 5. Anti Bullying Program for 6th Grade 6. STAR Advisory Program Banfill Center for the Arts Joyce Schmidt Banfill Center of the Arts has taken on the challenge of becoming more active with Board Member the community at large. One natural involvement for the Center is working with Values First. Banfill works with many sectors of the community. When working with youth 3 in the area of art design that is a form of asset development. When conducting our Annual Art at Rice Creek event, which demonstrates the value of citizenship. When we volunteer on the Empty Bowls project that is demonstrating the value of caring. Banfill ~s honored to be part of an initiative that is critical to the well being of our community. Columbia Heights Police Tom Johnson The Columbia Heights Police are very involved and supportive of the Values First Department Chief Progrmr~. Besides the Chief of Police 'being a member of the Executive Committee and the Advisory Committee the Department initiated a program called Journey to A Better Life. This is a collaborative effort with the local Church Pastors and the School District. A curriculum has been built around the seven core values. We have taught the curriculum once at Central Middle School in 2003-2004 to students that have had ongoing issues in the school. We felt it was well received and appreciated by the students that were in attendance. We are now working with the Central Middle School staff to try and make this program a part of the daily curriculum taught at Central Middle School. This program is supported by a McKnight Foundation Grant. Besides this program the Chief of Police talks annually to the new teachers of the school district to tell them about Values First and how we would like the teachers to use the Values in the daily lives of the students. The Chief of Police has also spoken to the athletes and parents of our school district to remind them how the Values should be used during sporting events to prevent negative interaction between parents and coaches, parents and the officials, and students with other students. We need to remember this is a sporting event not a must win event. Fridley United Methodist Delaine Iverson The Fridley United Methodist Church Youth Group has been established to provide Church Youth Group Group Leader youth the opportunity to learn how to work together in doing good things for others. As part of that the community core values align with this opportunity. Youth volunteer a variety of programs that reach out to a variety of ages across the community. Demonstrating the values is a must for our youth doing good works. Columbia Heights Women Sherri Tarr Columbia Heights Women of Today believe that through our involvement it the of Today President community we can promote the community core values and asset development. Most recently we conducted a "Smore Night" at Kordiak Park which promoted the values of nonviolence. There were 26 four to seven years old, who with an adult worked on a project, which encourages asset development. Our organization cares about the people in our community and choose to volunteer for events that can make a difference in people lives. For example: Empty Bowls, Holly Carnival, Special Olympics etc. The hope of Columbia Heights Women of Today is to continue our efforts wlfich promote the community core values and asset development in children. 4 Fridley/Columbia Heights Cathy Smith The Fridley/Columbia Heights Rotary Club is proud to partner with Values First in Rotary Club Member running an annual essay contest in two community middle schools. Asking students to write about a hero in their life that exemplifies one of the seven core community values causes them to inventory people that they know, which in turn helps them to see values being lived out in day to day life. In addition, those that are named as heroes are able to reflect on the fact that others see them demonstrating those values. The end result is that everyone who participates has an increased awareness that their actions are being observed and possibly mimicked, encouraging them to demonstrate positive attributes. We look forward to expanding this program in the near furore. North Park Elementary Dr. Richard Dick The North Park staff, parents and students embrace each value. This year we have Principal formed a School Climate Committee whose focus is on the Respect, Nonviolence and Self-Control. Our Values First banner is proudly displayed in the school library. Colmnbia Heights High Matt Schoen The Columbia Heights High School has two major initiatives we are working School Principal on with regards to connections with Values First. 1. Link Crew Freshmen Transition Program - Junior and Senior leaders work with 9th graders in small groups during an all day orientation at the beginning of the school year. 2. Planning and implementing a student advisement system at the high school. - About 15 students grouped with a licensed staff member. They will meet once a week for 25 minutes. Example of activity during the advisement period for academic planning. Vietnam Veterans of America Saint Paul Chapter 320 NEWS RELEASE October 25, 2004 FOR IMMEDIATE RELEASE MEDIA CONTACT: 612-377-6582 CONTACT: Jerry Kyser 651-224-6345 651-338-2717 (Cell) 651-481-8835 (H) Vietnam Veterans of America, Inc. E-mail: mnvva~popp.net or crazyj erry45~hotmail.com MINNESOTA VIETNAM VETERANS OF AMERICA HOST PUBLIC SCREENING OF AWARD-WINNING DOCUMENTARY WEDNESDAY, NOVEMBER 10, 2004 "IN THE SHADOW OF THE BLADE" TELLS STORY OF ICON HELICOPTER UH-1 "HUEY" ROLE IN VIETNAM WAR Saint Paul, Minn - St. Paul Chapter #320 of the Vietnam Veterans of America, Inc., will present a rare opportu_rfity for the public to view the award-winning Vietnam Veteran documentary, In the Shadow of the Blade, a feature length documentary of personal, untold stories of people affected by the war. Texas-based filmmaker Patrick Fries concept was to take the "Huey" to the backyards, farmlands, city parks and church lots across America to hear untold stories of' Vietnam veterans and their families. Four volunteer Vietnam veterans served as production assistants on the journey. The film makes its iviinnesota debut Wednesday, November I0, 2004 at the Heights Theatre, 3951 Central Avenue N.C. in Columbia Heights, 7:00 p.m. and 9:00 p.m. showings. Tickets are $10 per person, and may be obtained by calling 651-224-6345 or 651-338-2717. A static display of a Huey helicopter will be adjacent to the theatre prior to the screenings and the public is invited to take advantage of photo opportunities. "The 'Huey' is the icon of the Vietnam war," said Jerry Kyser, President of the Vietnam Veterans of Minnesota and Vice President of St. Paul Chapter 320. "Ail branches of the service used the 'Huey' for medical evacuation, combat assault, troop transport and resupply." Kyser was a "Huey" helicopter mechanic, crew chief and M60 machine gunner during his 22 months and 17 days in Vietnam Veterans of America Saint Paul Chapter 320 Vietnam. He served with the 1st Infantry Division and the 1~t Aviation Brigade in m Co ps, South Vietnam from 1968 to August 1970. "We flew many, many missions with the "Huey" and it always brought us home," Kyser stated. "It was an exciting adventure, but sometimes not pleasant." The "Huey" will also be on display at the MN State Capitol "Court of Honor" on the capitol grounds, before and after the National Guard Army Aviation "Retirement Ceremony" of their UH-1 "Huey" helicopter. The ceremony will be held at ll:30.a.m., Wednesday November 10 near the Minnesota Vietnam Veterans Memorial with Major General Larry Shellito, Adjutant General of the MN National Guard as the main speaker. The documentary is being sponsored by St. Paul, Chapter 320 of the Vietnam Veterans of America as a fundraiser. Funds are used for special projects such as the Lao Children's Library Boat, a 34' boat build by and funded yearly by Chapter 320. The boat travels up and down the Mekong River in NW Loas bringing booklets and pamphlets to the children in villages along the river. These children did not have books prior to this project, now they have small libraries set up with women trained to mn them. Funds are also used to support veteran homeless programs such as the MN Assistance Council for Veterans, among others. Chapter 320 also gives scholarships for family members of veterans in the organization. For information about the documentary film and to order tickets by phone, contact 651-224- 6345 or 651-338-2717. Information about the film can be seen on the Website: www. intheshadowoftheblade, com. Additional poims of ip£ormation: The film will be shown at the Smithsonian Institution on November 10 as part of the annual Veteran's Day celebrations. The UH-1 used in the film is now on permanent display in the Smithsonian Museum of American History. · The prestigious 2004 Houston WorldFest International film Festival bestowed the Gold Award for a feature documentary to filmmaker Fries. WofldFest is one of the largest and oldest film festivals in the U.S. Previous artists discovered at WorldFest include Steven Spielburg, the Coen brothers and Robert Rodriquez. The Story of In The Shadow of The Blade "This is more than a movie. This is a healing experience." --Donald Singleton, Vietnam combat infantry veteran On October 2, 2002, husband and wife team Patrick and Cheryl Fries and their Arrowhead Film and Video productiOn crew lifted off'on a documentary film mission to follow a restored Vietnam-veteran UH-1H "Huey" helicopter on a 10,000 mile flight across the country. Accompanied by an aerial cinematography chopper and three support vehicles, the crew of In the Shadow of the Blade recorded more than 250 hours of interviews, reunions, and ceremonies inspired by the Huey's flight to small towns and major cities, backyards and farmyards, and memorials and military bases. The Fries recruited four volunteer Vietnam veterans to help crew their mission and relied on donations from individuals and businesses to supplement their investment in the half- million dollar production, much of it going to lease and insure the 3 5-year-old battle- scarred Huey helicopter. The crew relied on the goodwill of film participants and the sale oft-shirts to cover food and transportation expenses during filming. Director Patrick Fries and Producer and Creative Director Cheryl Fries included both pre- produced and spontaneous stories in their production shoots, called "Landing Zones." During pre-production, they decided that the key element in telling the story was to eliminate the expected political angle on the war that often clouded the story-telling. Instead, they asked veterans and families a simple question: what do you want people to know. Knowing that Vietnam War stories are often marred by "wannabe" veterans, the Fries recruited historian Gary Roush to verify military service records, incident reports, medal citations and statistics, which resulted in "unprecedented accuracy" in the documentary. During hi,,,; .... a ~_:~: .... a ......... ~, the Fries '~ '- ..... atxu [lleli cl,w xaumtnt~u reunions, restored archival materials, and rolled cameras as many people "faced down their demons." The healing and reconciliation brought about during the mission captured the attention of the Smithsonian's national history museum and in July 2003 the Fries presented were invited by curators to present the concept, which resulted in the acceptance of the film's primary aircraft and three clips into the permanent "Price of Freedom" exhibit. Arrowhead Film & Video. 522 E 6m Street Austin, Texas. 78701. 512-302-1100. FACT SHEET In The Shadow of The Blade (ITSOTB) is produced by Patrick and Cheryl Fries o'f Austin, Texas' Arrowhead Film & Video. Patrick Fries is the film's director. Fries had the idea for ITSOTB after a day of aerial cinematography, when the pilot told him about his time in Vietnam and every veteran's love for the Huey helicopter. The UH-1 "Huey" helicopter was used in Vietnam by all branches of service for troop transport, medical evacuation, and resupply. According to Vietnam Helicopter Pilots Association statistics, 7,013 Hueys flew in Vietnam and nearly half--3,305--were destroyed. The UH-i's 48-foot rotor blade makes a distinctively loud WHOP WHOP WHOP sound, often described by veterans as "the sound of freedom." The Huey used in the documentary film is tail number 65-00091, or "091," an aircraft which served in the 173rd Assault Helicopter Company, "~he Robin Hoods," in Vietnam. It was damaged by enemy fire three times in 1966-67. Robin Hood veterans repainted the restored aircraft's distinctive nose art during the film production. The aircraft is now on permanent display in the Smithsonian Museum of American History. In The Shadow of The Blade visited 8 states and made more than 42 landings during film production, gathering more than 200 hours of footage for the 90-minute documentary. Landing Zones included backyards, farms, city parks, schools, church lots, memorials, universities, and a VA hospital. Veterans of all branches of service, all jobs, and all ethnicities were filmed, including helicopter crew members, infantry soldiers, nurses, Red Cross and USO civi!ians~ and a Vietnamese pilot who is now an American. Two former Prisoners of War are interviewed in the film. Ten families of Vietnam's 58,000+ missing and/or killed were filmed, including 3 children of helicopter pilots killed in action who flew in the captain's seat during the film production. In The Shadow of The Blade is in distribution by Outrider Pictures. More information: www.intheshadowoftheblade.com. Minnesota Army National Guard and Vietnam Veterans of America Present Wednesday, November 10, 200,4 UH-1 (Huey) Retirement Ceremony Program and Flyover 11:30 a.m. to i2:00 noon Vietnam Veteran's Memorial State Capitol Mall Army Aviation Luncheon Pay As You Go RSVP ~ to 2nd. Lt. Shannon Purvis, 651-268-8961, or via e-mail shannon.purvis@mn.ngb.army, mil 12:00 noon to 1 p.m. St. Paul Armory 600 Cedar Street St. Paul, MN 55155 "%n The Shadow of the Blade" Documentary Film Minnesota Premier A UH-1 journey across America visiting those affected by the Vietnam War Trailer Available: _w_w_ w.intheshadowoftheblade, con~ 7:00 p.m. and 9:00 p.m. Heights Theater 40th and Central AVE NE Columbia Heights, MN 55421 $10.00 Donation For Vietnam Veterans of America St. Paul Chapter 320 Reserved tickets available at 651-224-6345 and 651-338-2717 After 35 years of federal and state service, the venerable UH-J is being retired from the Minnesota National Guard. Join The Adjutant General, IVlajor General Larry W. Shellito , in a spedal celebration honoring those who flew, maintained, and relied upon this legendary helicopter. ALL current and retired military personnel from all branches of service are invited to attend. Uniform for military attendees is duty uniform. RSVP for luncheon to 2nd Lieutenant Shannon Purvis, 651-268-8961, or via e-mail .shai~[!_orl__~..p_ur__v__s_L~j3'IJp.[__~_gb__._arm_y.mi! by 3:00 p.m. Monday, November 8th. FOR MORE TNFORMAT:[ON, contact Minnesota National Guard Public Affairs at 651- 268-8949. OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL - ELECTION CANVASS NOVEMBER 3, 2004 The following is the agenda for the regular meeting of the City Comacil to be held at 5:30 p.m. on Wednesday, November 3, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL Mayor Wyckoff called the meeting to order at 5:30 p.m. Present: Mayor Wyckoff, Councihnember Nawrocki, Councilmember Kelzenberg Absent: Councilmember Williams, councilmember Ericson PLEDGE OF ALLEGIANCE Adopt Resolution No. 2004-76, Canvassing General Election Returns of November 2, 2004 Motion by Kelzenberg, second by Nawrocki, to waive the reading of Resolution 2004-76, there being ample copies available to the general public. Upon vote: Ayes: Wyckoff, Nawrocki, Kelzenberg. Motion carried. Motion by Kelzenberg, second by Nawrocki, to adopt Resolution 2004-76, being a Resolution Canvassing Municipal General Election Returns. Upon vote: Ayes: Wyckoff, Nawrocki, Kelzenberg. Motion carried. Adiourn Mayor Wyckoff adjourned the meeting at 5:33 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary LIBRARY BOARD/CITY COUNCIL BUDGET MEETING October 18, 2004 7:00 P.M. The joint City Council/Library Board meeting about the library budget for 2005 was held in the activity room October 18, 2004, at 7:00 p.m. Those present were: Linda Magee, Barbara Miller, Bill Elrite, Audrey Hyatt, Patficia Sowada, Catherine Vesley, Mayor Julienne Wyckoff, Bobby Willian~s, Bruce Nawrocki, Tami Erickson, Bruce Kelzenberg, Marsha Tubbs, and Rebecca Loader. Mayor Julimme Wyckoff called the meeting to order at 7:05p.m. Barbara Miller welcomed everyone and introductions were made. Becky reviewed the order the meeting would follow and introduced Marsha Tubbs, Children's Librarian, to speak about Children's programming. Marsha presented information to the Council highlighting programs that are offered for children and families in the Children's Department. Statistics for program participation were cited. In 2003 over 3,000 people utilized the programs offered in the library. In addition, over 2,200 people participated in "outreach" progrmns. These are programs offered by the library, but are held off site. These off site locations include schools, daycares, church groups, and ESL (English as a Second Language) locations. The hnportance of reading to children for success later in life was discussed. Tami Erickson, Mayor Julienne Wyckoff, and Patricia Sowada complimented Marsha on all of the effort she extends for the success of these programs. Catherine Vesley also asked that she speak about the Teen Volunteer program. Marsha reported teens this snrmr~er volunteered over 800 hours and helped staff cope With the tremendous workflow from all of the summer reading programs, story and craft time, and Super Tuesday progranm~ing. Catherine Vesley presented the infonnation contained in the budget narrative portion of the budget documents. The issue of the cost of street assessments was discussed. Catherine asked Bill Elrite, Finance Director, to address the subject of funding these improvements on a citywide basis. Bill Elrite has discussed the excessively high costs of improvements to several departments this year with the City Manager. A proposal to use the Capital Improvement Fund to help fund these special assessments is being explored. This proposal would help ease undo hardship on City departments. Bruce Nawrocki, using figures from August 30, 2004, stated that the library has spent only 59% of its budgeted amount of funds. In a document dated October 14, 2004, Becky updated the information, and the current percentage expended as of September 30, 2004, is 68%. It was also noted that expenditures at the library fluctuate, (i.e. more money expended on materials in September because school is back in session and more books are purchased). Mr. Nawrocki asked about the mnount of money held in the Fund Balance. The fund balance is a State Auditor and City required measm'e that allows the Library to meet cash flow needs until the first instalh2ent of property taxes are paid in May. Part-time employee wages were discussed. Part-time salaries are frozen; the increase listed in part-time salaries is the result of staff that are still progressing through wage steps. Page 1 Maintenance of Effort figures were reviewed. Per Capita requirements were also reviewed. Mr. Nawrocld brought up the issue of Anoka County Library and potential merger discussions. Staff listed the numerous conversations that have been held in the past with the County, which has not initiated any meetings on the part of the County to combine services. Pat Sowada presented the Summary by Class infonriation. Audrey Hyatt presented the Library Revenue information. It was noted that fees collected for video and DVD rentals are substantially higher this year. The revenue collected for printer copies has increased, due to the printers now being located behind the desk and no longer relying on the "honor" system. Problems with the coin-op on the public copier and the resulting problem with the vendor were mentioned. Becky discussed the 2005 budget worksheet section. There is a 0% change for 2005. Mr. Nawrocki questioned the projection for gas costs. Becky reported that the figure was detenriined based on the infom~ation provided by the Finance Dept. The document listing major points an~d cuts to highlighted line items was reviewed. When asked by Council what the priority of adding items back into the budget would be the response was the following: (1) line item 3050, (2) line item 2170, (3) line item 4375, (4) line item 3430, (5) line item 2171 (6) line item 2183 and (7) line item 2184. Mr. Nawrocki asked about donations from the Friends of the Library. Becky responded that after the budget has been approved a "wish list" of items eliminated from the budget is presented to the Friends. They then decide what they would like to purchase for the Library. When asked for a dollar amount of their gifts, Becky responded that depending on their profits from the book sale, in the past two years they have donated approximately $1,500 to $2,000 per year in goods. This concluded the formal presentation of the 2005 proposed detail budget infom-iation. The floor was opened for general questions. There being no further questions the meeting was adjourned at 8:15 p.m. Respectfully submitted, J~m~ine M. Sclmnidt, Secretary to the Library Board of Trustees. T/se City of Columbia Heights does not discriminate on the basis of disability in &e 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 CiO; of Columbia Heights' services, programs, and activities. Pa~e 2 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, OCTOBER 21, 2004 The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Reuben Ruen, Dan Swee, and Dave Mahoney arrived at 7:14 pm. Excused Members: Ken Henke, Bob Buboltz, and Brad Peterson Council Representative: Bruce Nawrocki--absent (Excused). City Representatives: Linda Magee Comcast Representative: Kathi Donnelly-Cohen APPROVAL OF MINUTES Motion by Dave Mahoney, second by Reuben Ruen, to approve the minutes from the meeting of May 20, 2004. Al! ayes. OLD BUSINESS A. Channel Check Commission members reported to Kathi Donnelly Cohen that the History Channel has a herringbone pattern that flickers through the picture at regular intervals. She will report the interference to the technical staff. There also was another discussion regarding the varying volume levels and the fact that even though they vary, they are still within the acceptable range. B. Correspondence Log and Follow Up on Complaints Kathi Donnelly-Cohen reviewed the complaint received from Mr. Ordway who had trouble with his reception and the TV Guide portion of service over several days. Mr. Ordway's account was credited for those days. She then reviewed a complaint from Mr. Piersak who complained about his reception, too many commercials, and the fact that stock quotes aren't scrolling after 4 pm as he wants. When the service representative contacted him he stated his reception was actually ok and he was told that the stations control the programming and when stock quotes are reported, not Comcast. C. Notice of Bill Inserts Notice of bill inserts was received. Privacy notices were inserted in July, Equipment Compatibility notices were sent in September, and Complaint Notices will go in the November bills. These are all inserted annually as required. D. FCC Fee Notice Effective with bills in October, the FCC fee will be reduced to $.05 from the current $.06. The fee will remain at $.05-for two months and then in December the fee will remm ~o $.06. This fee is imposed on cable operators to support the functions of the Federal Communications Commission (FCC). TELECOMMUNICATIONS COMMISSION MINUTES PAGE 2 OCTOBER 21, 2004 E. Notice of Channel Additions & Re-Alignment Notice was received regarding changes in the programming for Digital Subscribers. Two new channels were being added, and FLIX, formerly a premium service is moving to the Digital Classic tier. A Digital Sports Tier will be added in October. And three types of ON DEMAND programming will soon be available. F. Other Old Business Dennis said he was approached last Saturday by some Comcast employees that were working in his neighborhood. They told him they were checking on lines and equipment for the new upgrades and they tried to talk him into upgrading his service to digital. As they are not supposed to be going door to door soliciting business, Kathi will check on this. NEW BUSINESS A. Franchise Fee for 2nd Quarter 2004 We received the 2nd Quarter franchise fee payment and a copy was enclosed in the agenda packets. B. Franchise Renewal Linda Magee reported that the Council passed the Resolution to commence the renewal process as recommended by the Commission at the last meeting. Comcast was sent a notice of this. She stated she will be meeting next week with the City Manager, Cable Attorney, Dick Nielsen and Tom Robinson (via phone) to discuss the parameters of the technical audit. C. MACTA Fall Conference The Annual Fall MACTA Conference is being held October 28-29, 2004 at the Holiday Inn West in St. Louis Park. A reminder notice to send in registrations was enclosed in the agenda packets for those wishing to attend. No one has signed up, but Reuben was interested in several of the topics, but thought it was too pricey. Videotapes of the conference are not available. Kathi will be attending and will try to get some information for him. D. Other New Business Dan Swee has a video card in his computer. When he types in his zip code to get the channel line up, ours does not appear. ATI gets their information from somewhere, and he should contact them. It is not a Comcast related problem. Dan questioned the reasoning for different cities having different channel line ups. One of the reasons, the lineups are different is due to the varying number of access channels in each system. Linda Magee informed the members that a Holiday Dinner will be held for all the Boards and Corl-nnfssions at Murzyn Hall on Wednesday, December 8, 2004. Social hour will be at 6:00 pm and dinner at 6:30 pm. Invitations will be sent. TELECOMMUNICATIONS COMMISSION M/NUTES PAGE 3 OCTOBER 21, 2004 o REPORTS Ao A Candidates forum will be held TueSday, October 26th at 7 pm in the Council Chambers for those running for Mayor and City Council positions. A time keeper is needed for this event. Anyone who could help is to contact Jean Kuehn. Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report Report of Comcast- .............. -~,-v ..... -r ,, e,,, reported that members wi!! start receiving a written report of newsworthy items including changes in programming, technology, and other items of interest regarding Comcast's products and services. Report of the Cable Attorney Nothing to report. Report of the Assistant to the City Manager Nothing further to report. Motion by Dan Swee, seconded by Reuben Ruen, to adjourn the meeting at 7.'45 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 3, 2004 7:00 PM The meeting was called to order at 7:15 pm by Chair Peterson. Roll Call: Commission Members present- Fiorendino, Szurek, Peterson, Schmitt, and Baker. Also present were Ellen Berkelhamer and Pat Smith (City Planners), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Baker, seconded by Schmitt, to approve the minutes from the meeting of October 5,~ 2004. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2004-1101 Final Plat Amendment-Grand Central Lofts 4707-4747 Central Avenue NE Nedegaard Custom Homes Introduction Planner Berkelhamer reported that Nedegaard Custom Homes has made an application for final plat amendment for the Grand Central Lofts development. The applicant seeks approval of a plat revision to add one more townhome unit to the development. The City Council previously approved a development that contained 20 to~vnhomes and up to 210 condominium units. The final plat revision would increase the number of townhome units to 21. Planning Considerations Density The proposed increase in one townhome unit does not significantly increase the density on site. The previously approved final plat anticipated 230 units on a site of 14.91 acres, which yields a density of 15.42'acres. The increase to a maximum of 231 units will yield a density of 15.49 acres. The Mixed Use zoning district in which the development is located allows an overall density of 12-20 units per acre. By changing the size of each townhouse to 60 feet deep, and making better use of the adjoining space, it allowed a change from 3 units to 4. Park Dedication The applicant will be required to pay an additional $750 in park dedication fees for the new townhome unit. This fee is payable at the time of building permit, in accordance with the Development Contract executed by 'the City Council and the developer. The Development Contract will be revised and brought to the City Council to reflect the additional dwelling unit. PLANNING & ZONING COMMISSION MINUTES PAGE 2 NOVEMBER 3, 2004 Approved Site Plan Changes The developer has requested an increase m townhome units from 20 to 21 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 the increase in units doesn't increase the density significantly, doesn't reduce open space significantly, and doesn't impact parking on site because the townhome unit contains the two required garage spaces. 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 substantially to the approved 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. Staff, therefore, recommends approval of the Final Plat Amendment. Baker asked if the design of the townhomes has changed from what was originally reviewed by the Planning & Zoning Commission. Roger Humphrey, Engineer, stated that the original drawing submitted was of Lindsay Court which'is a development in New Brighton. They have changed the outside architecture slightly from what was previously shown in order to better match the design of the condo buildings. He said they will probably bring back updated drawings to the Commission to review before construction begins. Bruce Nedegaard gave an update of the progress on the site. He reported that footings have been done for the garage portion and concrete/foundation work and the utilities will be underway next week. There is a projected completion date of the first building by August 1, 2005. The condos will range in value from $180,000~$320,000 and the townhomes will range in value from $250,000-$325,000. The public hearing was closed. PLANNING & ZONING COMMISSION MINUTES PAGE 3 NOVEMBER 3, 2004 Motion by Szurek, seconded by Fiorendino, that the Planning and Zoning Commission recommend 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: 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 27fi. 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 orS173,250 (or $750 per uni0 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. 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. The City's requirement for intersection clear zone, or a 30-foot triangle must be ~naintained 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 on.49ti' Avenue must be provided to the City Engineer. All ayes. Motion passed. This will go. to the City Council November 8, 2004. PLANNING & ZONING COMMISSION MINUTES PAGE 4 NOVEMBER 3, 2004 Case #2004-1102 Conditional Use Permit for Temporary Use-Christmas Tree Sales Jesse Collard 4300 Central Ave NE Introduction Planner Smith explained that Jesse Collard has applied for a Conditional Use Permit to allow temporary sales of Christmas trees at 4300 Central Avenue NE. According to Section 9.607 of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that a seasonal a~m-icultural sales may occur to'90 days. The applicant proposes to sell Christmas trees for 29 days, from November 26th through December 25th (see attached letter). The attached site plan shows the proposed location of the sales area in the east side of the parking lot. Approximately 46 parking spaces will be used to display Christmas trees and construct a temporary shelter for the cashier. Heritage Property is the property owner, and although they did not sign off on the application, they have submitted a letter permitting the applicant use of the parldng lot for the Christmas tree sales (see attached letter). Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. Consistency with Zoning Ordinance The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zonip, g district. Existing parking exceeds zoning requirements. Section 9.612 of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 46 parking spaces for Christmas tree sales, the parking lot the site still has 582 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Section 9.611 of the Zoning Ordinance requires that lighting fixtures have of a downcast, cut-off type that conceals the light source from view and prevents light from shining on adjacent properties. In addition, lighting shall not exceed 0ne-half foot-candle as measured at the closest residential property line and three feet as measured at the closest, street curb. Please note that the Fire Department has reviewed the proposal and has not concerns regarding it. PLANNING & ZONING COMMISSION MINUTES PAGE 5 NOVEMBER 3, 2004 Findings of Fact Section 9.408 of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 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: Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as Christmas trees sales, is a permitted use in the commercial areas. The use will not impose hazards or disturbing influences on neighboring properties: The closest residential property to the south is over 300feet from the proposed temporary use. In addition, the amount of space dedicated for the Christmas tree sales lot is relatively small at approxhnately 1, 000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. 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. 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 Christmas tree sales lot will consist of approximately 200 Christ~nas trees on display, temporary lighting and an 8 'x12' temporary shelter for the cashier. The area will be lighted using l O-foot posts. The temporary lights shall meet zoning requirements that lhnit the lighting levels to one-half foot-candles at residential property lines. Thus, the proposed temporary use should not negatively impact the existing character of the vicinity. 6. 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 Christmas tree sales will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the Christmas tree sales should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. 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 GB General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 6 NOVEMBER 3, 2004 Staffrecommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Baker asked if the area would be fenced in, and was told, no. There will be a 8 x 12 ft shelter for the cashier/worker on site. It was noted this is much the same as the Linder's Greenhouse that operates each spring. Motion by Schmitt , seconded by Szurek that the Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from November 26 through December 25, 2004, 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. A $500 deposit shall be submitted to the Community Development Department prior to display of Christmas trees. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. That every attempt will be made to get this on the Council agenda of November 8th. All ayes. MOTION PASSED.. Baker asked whether Mr. Collard could set up the display before November 26m. Planner Smith stated he could set up the area as he has a 90 day time frame for set up, sales, and clean up of the site. November 26t~ was the date he thought he would begin sales. NEW BUSINESS No new business. MISCELLANEOUS No miscellaneous items. Motion by Baker, seconded by Szurek to adjourn the meeting at 7:40pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS CHARTER COMMISSION OCTOBER 21, 2004 MURZYN HALL CALL TO ORDER The meeting was called to order by President Hartel at 7:03 p.m. ROLL CALL Members present: Barb Gertsema, Mike Hartel, James Jolmson, Nancy King, Kathleen Korday, Scott Kyseth, Joe Sturdevant, Joseph Stm'devant Members absent and excused: Nicole Druckrey, Michael Patiuk, Clara Sclmnidt, Daniel Vogtman Members absent and unexcused: Bob Buboltz Commissioner Banyard had missed four consecutive meetings (unexcused), and was removed from the and two vacancies. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Council Liaison BObby Williams was not present at the meeting. APPROVAL OF MINUTES Motion by Commissioner Hartel, seconded by Commissioner Johnson, to approve the minutes as presented for July 15, 2004. Motion passed unanimously. CORRESPONDENCE The Recording Secretary advised commission members that since our last meeting in July, she had folwvarded a letter to John Banyard with a copy to the Chief Judge regarding his unexcused absences. The Chief Judge ordered the removal of Mr. Banyard per Minnesota Statutes 410.05. The Recording Secretary stated that it is the responsibility of members to call either the President or Recording Secretary of the commission to report an absence and be recorded as excused. If a member fails to attend four consecutive meetings without being excused, procedures are then followed per state statutes. The Recording Secretary stated this was the first time someone was officially removed from the commission in the past almost eleven years. Since our last meeting, Charles Christopherson was recognized at a city council meeting for his eight years of service. Joe Sturdevant (Sr.) was reappointed to another four-year term. New membership roster were passed out to the commissioners present at tonight's lneeting. Page 1 October 21, 2004 OLD BUSINESS Discussion of Chapter 2, Section 15, Official Bonds The Charter Commission held its first reading on proposed changes to this section of the charter in July, which is as follows: Section 15. OFFICIAL BONDS. By resolution, the council shall establish bonding and insurance requirements for all city employees as security for the faithful performance of their respective duties and the safekeeping of the public funds. Mr. Hoeft explained the Finance Director, Bill Elrite, recommended this change of having the council establish bonding and insurance requirements by resolution rather than by ordinm~ce. Mr. Hoeft also explained the procedure on proposed changes to the city charter. There are two readings at the commission level, and two readings at the city council level. The city council has the option of passing the proposed revisions unanimously or returning them to the commission for possible modifications. The Charter Commission can make modifications to the amendments or place the item on the ballot for the voters to decide. The City Attorney explained that the St. Paul Companies was our local insurance can'ier for years, but we currently use the League of Mi~mesota Cities which has saved the city substantial amounts of money, especially because of year-end rebates. He also explained that in the 1980's, the city was self-insured. ~unmnSS~unc~ mmuay as~cu wua[ mc city [u ~,,~ ~,,~s ~. · ~e City ~ey Elritc anWor Linda Magee. Mr. Hoeft explained the proposed wording would satisfy the requirement for a fidelity bond and would also satisfy state statutes. Mr. Hoeft explained that the state statutes basically state we have to have fidelity bonds for certain employees. After further discussion and clarifications, a motion was made by Connnissioner Hartel, seconded by Commissioner King to approve the second reading on the proposed change to Section 15 as stated above, and to forward this proposed change to the city council for their unanimously approval or denial. Motion passed unanimously. Discussion of Chapter 3, Section 19, Procedure on Ordinances and Chapter 3, Section 22, Signing and Publication of Ordinance and Resolutions The City Attorney stated these sections of the city charter were recently discussed when the refinancing of the existing bonds for Parkview Villa was being discussed. Our Financial Consultant, Mark Ruff, fi'om Ehlers and Associates, had commented on the long period of time (30 days) for an ordinance to take effect, hu this particular instance, the city could lose out on some great interest rates for the refinancing of the existing bonds because of the 30-day wait period. So, there has been discussion not to shorten the length of time an ordinance takes affect for all ordinances, but only if it is pertaining to "refinancing" of cun'ent bonds, which would greatly, streamline this process. The City Attorney stated that Mark Ruff could probably attend our next Charter Commission lneeting if that is desired. It would have to be approved by the City Manager. Mr. Ruff could certainly prepare a memo explaining the situation and the reason he sees for a charter language change. It was questioned whether there would be a new section added to the city charter or would we add to an existing one? The City Attorney stated he did not know at this time how it would be handled. President Hartel asked if this was urgent-- should we hold a special meeting rather than wait until our next regular meeting in January? Page 2 October 2 I, 2004 The City Attorney explained that the ordinance regarding Parkview Villa has been passed by the council, and at this time, we are just waiting out the 30 days for it to become effective. So there is no real urgency to make a change right now. Commissioner Korday asked about Parkview Villa and whether the city sold it or not, as she has heard rumors to that affect. It was explained that the management of Parkview Villa was the only thing that changed. Commissioner Sturdevant wanted clarification if it is only being asked to discuss a change the charter in reference to refinancing bonds, not new bonds, and not for other ordinances. The City Attorney confirmed this is true. It was decided that the City Attorney will contact Mark Ruff to provide his comments in writing regarding this issue, and the City Attorney will put together some new language for our next meeting in January. NEW BUSINESS There will be a joint boards/commission dinner at Murzyn Hall on Wech~esday evening, December 8, 2004, begim~ing at 6 p.m. with a social hour, and dinner at 6:30 p.m. NEXT MEETEqG DATE The next Charter Commission meeting will be January 20, 2005, at Murzyn Hall at 7 p.m. ADJOURNMENT Motion by Commissioner Hartel, seconded by Commissioner Korday to adjourn the meeting at 7:35 p.m. Motion passed unanimously. Respectfully submitted, Carole J. Blowers Recording Secretary Page 3 October 21, 2004 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 8, 2004 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER' S NO: Colrnriunity Development APPROVAL Permit for Seasonal BY: Patrick Smith B~~ ITEM: Conditional Use Agricultural Sales DATE: November 4, 2004~~' Case #: 2004-1102, 4300 Central Ave NE BACKGROUND: Jesse Collard has applied for a Conditional Use Permit to allow temporary sales of Christmas trees at 4300 Central Avenue NE. According to Section 9.607 of the Zoning Ordinance, seasonal agricultm'al sales are a conditional use in all zoning districts. The ordinance limits the number of days that a seasonal agn-iculmral sales may occur to 90 days. The property is zoned General Business, and the applicant proposes to sell Christmas trees for 29 days, from November 26th through December 25th. The attached site plan shows the proposed location of the sales area in the east side of the parking lot. Approximately 46 parking spaces will be used to display Christmas trees and construct a temporm-y shelter for the cashier. Heritage Property is the property owner, and although they did not sign off on the application, they have submitted a letter permitting the applicant use of the parking lot for the Christmas tree sales. Staffhas reviewed the application and found the proposal meets all required Conditional Use Permit findings (see attached staff report). RECOMMENDATION: The Planning and Zoning Cmrnmssion held a Public Hearing for the request on November 3, 2004 and voted unanimously to recommend City Council approval of the Conditional Use Permit. RECOMMENDED MOTIONS: Move to approve the Conditional Use Permit for Rudolph's Trees to allow for seasonal agricultural sales at 4300 Central Ave NE, as the use is consistent with the General Business District, and meets the required performance standards and requked findings, subject to the following conditions: 1. The outdoor storage shall be located as indicated on the site plan. A $500 deposit shall be submitted to the Conmmnity Development Department prior to display of Christmas trees. The deposit shall be refunded after the Conditional Use Pem~it expires and the site has been cleaned up. · Attachments: Planning Report to Council, Letterfi'om Rudolph k Trees, Letterfi~om Heritage Properties, Site Plan COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2004-1102 November 3, 2004 Columbia Heights City Council Jesse Collard, Rudolph's Trees 4300 Central Ave NE, Rainbow Parking Lot Conditional Use Permit for Temporary Sales Patrick Smith, AICP, City Planner Introduction Jesse Collard has applied for a Conditional Use Permit to allow temporary sales of Christmas trees at 4300 Central Avenue NE. According to Section 9.607 of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that a seasonal agricultural sales may occur to 90 days. The applicant proposes to sell Christmas trees for 29 days, from November 26th through December 25th (see attached letter). The attached site plan shows the proposed location of the sales area in the east side of the parking lot. Approximately 46 parking spaces will be used to display Christmas trees and construct a temporary shelter for the cashier. Heritage Property is the property owner, and although they did not sign off on the application, they have submitted a letter permitting the applicant use of the parking lot for the Christmas tree sales (see attached letter). Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. Consistency with Zoning Ordinance The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. City of Columbia Heights City Council November 8, 2004 Rudolph's Trees - Conditional Use Permit Case # 2004-1102 Existing parking exceeds zoning requirements. Section 9.612 of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 46 parking spaces for Christmas tree sales, the parking lot the site still has 582 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Section 9.611 of the Zoning Ordinance requires that lighting fixtures have of a downcast, cut-off type that conceals the light source from view and prevents light from shining on adjacent properties. In addition, lighting shall not exceed one-half foot-candle as measured at the closest residential property line and three feet as measured at the closest street curb. Please note that the Fire Department has reviewed the proposal and has not concerns regarding it. Findings of Fact Section 9.408 of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 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: Seasonal agricultural sales is a Conditional Use in ail zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. o The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as Christmas trees sales, is a permitted use in the commercial areas. The use will not impose hazards or disturbing influences on neighboring properties: The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the. amount of space dedicated for the Christmas tree sales lot is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. 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. 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 Christmas tree sales lot will consist of approximately 200 Christmas trees on display, temporary lighting and an 8'x12' temporary shelter for the cashier. The area will be lighted using lO-foot posts. The temporary lights shall meet zoning requirements that limit the lighting levels to one-half foot-candles at residential property lines. Thus, the proposed temporary use should not negatively impact the existing character of the vicinity. Page 2 City of Columbia Heights City Council November 8, 2004 Rudolph's Trees - Conditional Use Permit Case # 2004-1102 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 Christmas tree sales will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the Christmas tree sales should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 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 GB General Business District. Recommendation On a vote of five ayes, the Planning Commission voted to recommend that the City Council approve the lot split, subject to conditions of approval outlined below. 1. The outdoor storage shall be located as indicated on the site plan. A $500 deposit shall be submitted to the Community Development Department prior to display of Christmas trees. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Attachments · Location Map · Letterfrom Rudolph's Trees · Letter from Heritage Properties · Site Plan Page 3 RHDOLPH'S TREES 1426 64TH AVE NE FRIDLEY, MN 55432 HOME (763) 502-8199 CELL (612) 203-9426 October 1, 2004 ATTN:CITY OF COLUMBIA HEIGHTS TO WHOM IT MAY CONCERN: My name is Jesse Collard, I am the owner of Rudolph's Trees ,and I reside in the city of Fridley. I have been in the Christmas tree business for 15 years, for the past 3 years I have sold Christmas trees in St. Anthony at Apache plaza. Do to the reconstruction of that area there is no longer any space available for my tree lot. So this year I have decided to move my business to my neighboring city of Columbia Heights. The location I have chosen is located at the at the Central Value center at 444 Ave and Central, please refer to the site plan provided for the specific location. My hours of business would be, Monday thru Friday -11:00am to 9:00 pm; Saturday and Sunday - 9:00am to 9:00pm. I would be open for business from November 26'~, 2004 to December 254,2004. With a few days before and after these dates for set up and clean up. I will display approximately 200 trees, I will also be lighting this area with temporary lights which will be supplied by a GFCI receptacle which is already located at this location. There w/Il be a small structure also on this site which will be used for a cashier area. The area w/Il be kept dean throughout the season and a thorough clean up will be done at the end of the season. If you have any questions please contact me at the numbers provided. I am also providing you with a few references as follows: Judy. at St. Anthony City Hall (612) 789-8881 Kelli Friese at Welch Company (Apache Plaza Leasing Assistant) (612) 599-7634 Thank you for your time Sincerely, Jesse Collard SEP, 30,2004 1'35PM HERITAGE_PROPERTY_INVESTMENT_ N0,7769 P, 2 TAG F. PROPFRT¥ liar Mar Shopping Center, 2100 North Shelling Avenue, Ro~eville, Minnesota 55113 Telephone: (800) 98~t0~0 (651) §~1.0340 o Fax: (651) 631-3253 www. heritagcrealty, com September 30, 2004 TO WHOM IT MAY CONCERN: Please be advised that Heritage Property Investment Trust, Inc. is the owner of Central Valu Center, Property I,D. # 35 30 24 11 0083, located at 4300 Central Avenue Northeast, Columbia Heights, MN 55421. Fferita~e Pronertv Inve.qtment Tm.et agreement with Jesse Collard d.b.a. Rudolph's Trees for space in the parking lot of Central Valu Center, as shown on the attached site plan, for a term commencing November 25, 2004, and ending December 24, 2004. Please contact the undersigned at 651-631-3959 with any questions. Sincerely, Leasing Assistant cc: Pat Borgrnan Attachment 44TH AVENUE NE M EZZ,,~4',,ItNE ABOVE 200 M~NINE ABOVE 100 4.3RD AVENUE NE COLUMBL~i HEIGHTS, tVItI~i~SOTA CITY COUNCIL LETTER Meeting of: November 8, 2004 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~N--x~:~''~x~ ~DATE: ,~ t/~f,/,/~ BACKGROUND/ANALYSIS Attached is the business license agenda for the November 8, 2004 City Council meeting. This agenda consists of applications for Contractor licenses for 2004. Also included on the agenda are the renewals for calendar year 2005 that have been received and approved to date. These include renewals for Cigarette Sales, Off Sale Beer, Wine/Beer, Motor Vehicle Sales, and Games of Skill. 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 November 8, 2004 as regarding the new licenses for 2004 and the renewals for 2005. 2resented COUNCIL ACTION: TO CITY COUNCIL November 8, 2004 *Signed Waiver Form Accompanied Application 2004 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *RA Associates Inc.R Miller Construction *Apollo Htg. 5101 Christen Ave NE, Buffalo 7671 Central Ave, Fridley 6510 Hwy 36 Blvd, Oakdale $50.00 $50.00 $50.00 ****LICENSES FOR 2005**** POL, FIRE, BLDG, ZA O~'g ,qAl,~', REER *Speedway Superamerica 5000 Central Ave NE $150.00 GAMES OF SKILL POLICE *American Amusement Arcades 2100 96th St W, Mpls For Star Bar and Mady's *Theisen Vending 3800 Nicollet Ave So, Mpls For LaCasita, Family $, Laundry World $390.00 $150.00 MOTOR VEHICLE SALES ZA *First Commtmity Credit Union/KOL Enterprises 843 40th Avenue NE, Columbia Hts $300 WINE/BEER POL,FIRE,BLDG, ZA *Udupi Caf6 4920 Central Ave $2400 CIGARETTE SALES POLICE *Speedway Superamerica *Shambhala Video Rental 5000 Central Ave 4111 Central Ave $300 $300 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: N0~J~q~ g/¢t)~)¢ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number /I 0 t~[I through 110~'~7 in the amount of$ 6~[,D~t~.~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FIN~CIAL SYSTEM CITY OF COL~BIA HEIGHTS 11/04/2004 17:06:29 Check History GL050S-V06.60 COVERPAGE GL540R * *** C 0 U N C I L 6** . * ~** C O U N C I L *** * * ~** C O U N C I L *** * * ~** C 0 U N C I L *** * Report Selection: Optional Report Title ....... 11/08/04 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ thru thru thru thru 110411 thru 110577 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/04/2004 17 Check History GL540R-V06.60 PAGE 1 11/08/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT A-1 DINING MATS AARP ACE ICE COMPANY BERGMAN/HEATHER BR3~DLEY REAL ESTATES INC CAT & FIDDLE BEVERAGE CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI CHRI STOPHERSON/KIM CITY WIDE WINDOW SERVICE COLUMBIA HEIGHTS I COLUMBIA HEIGHTS POLICE CROSSER/JACKIE DAVES SPORT SHOP DEX MEDIA EAST LAC DUGDALE/MARY ESCHELON FARNER- BOCKEN GRIGGS-COOPER & CO HODYNS KY / WALTER HOHENSTEINS INC JOHNSON/JILL KEELING/DAVID KIWI KAI IMPORTS LARKIN/JOHN MEDINA ENTERTAINMENT CEN MYAS - MN/AAU OERTEL/MIKE PITNEY BOWES LOUISVILLE QWEST COMM-gNI CATIONS SPECIALTY WINES & BEVERA STATE OF MINN-DEPT OF CO UNIVERSITY OF MINNESOTA VERIZON - ATTN: PREPAY D VERIZON WIRELESS WE INGARTNER/AMBER WESTBROOKS ~NAKIA WINDSCHITL/KEITH WINE COMPANY/THE WINE MERCHANTS XCEL ENERGY (N S P) WELLS FARGO - PAYROLL AC ACE ICE COMPANY AMERICAN BOTTLING COMPAN BELLBOY BAR SUPPLY BELLBOY CORPORATION CHISAGO LAKES DISTRIBUTI CHECK NUMBER 110411 110412 110413 110414 110415 110416 110417 110418 110419 110420 110421 110422 110423 110424 110425 110426 110427 110428 110429 110430 110431 110432 110433 110434 110435 110436 110437 110438 110439 110440 110441 110442 110443 110444 110445 110446 110447 110448 110449 110450 110451 110452 110453 110454 110455 110456 110457 AMOUNT 75.00 230.00 289.04 222.20 11,337.87 550.00 1,072.58 2,591.75 243.50 40.47 5,534.05 1,050.00 125.00 53.25 161.90 25.00 152.58 10,185.51 77,571.75 22.00 8,476.30 222.20 3.46 2,795.33 17.78 50.00 1,700.00 1.99 296.00 289.01 1,588.01 715.50 485.00 37.50 153.14 286.10 15.00 75.81 1,894.85 1,546.72 12,596.52 202,652.48 480.34 120.43 10.80 8,039.52 1,565.66 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/04/2004 17 Check History GL540R-V06.60 PAGE 2 11/08/04 COUlqCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT CITY OF BLAINE D'VINE WINE DISTRIBUTORS EAST SIDE BEVERAGE CO EXTREME BEVEP~AGE FARNER-BOCKEN FINE WINES FROM EUROPE HANSEN~KEVIN JAYNES/CAROLYN JOHNSON BROS. LIQUOR CO. KUETHER DIST. CO. MARK VII DIST. MEDICINE LAK~ TOURS MOELLER/KAREN OLD COUNTRY BUFFET ONCE UPON A STAR PETTY CASH - KAREN MOELL PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS UNDERWATER WORLD VERIZON WIRELESS XCEL ENERGY (N S P) ACE HARDWARE ANCHOR BLOCK ANOKA CTY - CENTRAL COMM BAKER & TAYLOR BATTERY CITY INC BAUER BUILT TIRE & BATTE BIFF'S,INC. BOYER TRUCK PARTS BRIN NORTHWESTERN GLASS BRODART BROOKDALE DODGE CCP INDUSTRIES CENTER FOR ENERGY/ENVIRO CENTRAL LANDSCAPING CINTAS FIRST AID-SAFETY CITY OF EAGAN CITY PAGES CLARK PRODUCTS INC COMMISSIONER OF TRANSPOR COORDINATED BUSINESS SYS CUMMINS N POWER, LLC CUMMINS NORTH CENTRAL DAHLGREN SHARDLOW & UBAN DANKA OFFICE IMAGING DAVIES WATER EQUIPMENT C DELEGARD TOOL CO. 110458 110459 110460 110461 110462 110463 110464 110465 110466 110467 110468 110469 110470 110471 110472 110473 110474 110475 110476 110477 110478 110479 110480 110481 110482 110483 110484 110485 110486 110487 110488 110489 110490 110491 110492 110493 110494 110495 110496 110497 110498 110499 110500 110501 110502 110503 110504 15 00 689 50 68,311 15 640 00 2,464 04 300 75 138 41 100 00 10,336 50 122,763 30 36,062 86 4,512.00 146.32 412.11 112.00 191.27 7,475.68 5,765.35 165.00 27.20 50.28 53.62 157.23 61.27 917.06 77.14 415.22 1,351.26 29.88 130.79 113.43 40.10 189.76 125.00 140.58 59.57 75.00 450.00 176.68 75.00 875.19 179.56 80.48 6,933.03 43.48 75.58 3,007.74 ACS FIN~2qCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/04/2004 17 Check History GL540R-V06.60 PAGE 3 11/08/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT DEMCO, INC. EBSCO PUBLISHING EDLUND/DORINDA EMERGENCY AUTOMOTIVE TEC FACTS ON FILE FIRST STUDENT INC FLANAGAN SALES INC FLEXIBLE PIPE TOOL CO. G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GRAFIX SHOPPE H.W. WILSON CO. HARBOR FREIGHT TOOLS HEIGHTS ELECTRIC INC. HEINRICH ENVELOPE CORP INSTRUMENT CONTROL CO INTEGRATED LOSS CONTROL INTERSTATE DETROIT DIESE JINDRA/PATRICIA LINDER'S GREENHOUSES LISTENING LIBRARY INC MCCLELLAN SALES MENARDS CASHWAY LUMBER-F METRO GAiq3kGE DOOR METRO WELDING SUPPLY METROCALL - ATT MESSAGIN MID CITY MECHANICAL MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS SAW CO. MN DEPT OF ADMINISTR3kTIO MURZYN JR/DONALD J NEW BRIGHTON FORD NOAA NATIONAL DATA CENTE NORTH CENTRAL AMBULANCE NORTHEASTER O'GARA/ANDREW ODV INC OFFICE DEPOT OLSON'S PLUMBING ONE-CALL CONCEPT-GOPHER ORKIN PACIFICA INTERNET TECHNO PEPSI-COLA-7 UP PLEAA-PROF LAW ENF ASSIS PROSOURCE TECHNOLOGIES I CHECK NUMBER AMOUNT 110505 110506 110507 110508 110509 110510 110511 110512 110513 110514 110515 110516 110517 110518 110519 110520 110521 110522 110523 110524 110525 110526 110527 110528 110529 110530 110531 110532 110533 110534 110535 110536 110537 110538 110539 110540 110541 110542 110543 110544 110545 110546 110547 110548 110549 110550 110551 33.07 5.25 561.48 224.07 229.50 494.44 1,110.80 1,108.77 195.90 298.84 252.44 760.00 144.00 13.82 724.99 374.67 660.30 319.00 41.94 35.00 917.92 32.00 31.95 639.91 454.71 130.93 239.80 5,250.00 10 59 276,585 30 97 37 37 00 35 00 36 87 34 00 1,689 30 260 10 210 76 126 50 1,131 53 185 00 118 45 55 40 150.00 152.00 60.00 761.40 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/04/2004 17 Check History GL540R-V06.60 PAGE 4 11/08/04 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT QUICKSILVER EXPRESS COUR QUILL R J MILLER PLUMBING & HE R R BOWKER RESOURCE DOCUMENTS & ADV ROSEDALE CHEV ROYAL CONCRETE PIPE INC SCHINDLER ELEVATOR CORP SECURITY FENCE & CONSTRU SERVICE LIGHTING SHI STANWAY EXCAVATING STEEL TECH INC STREICHER'S GUN'S INC/DO SUN PUBLICATION SYSTEMS SUPPLY INC. TEE'S PLUS TRANS-ALARM INC TRUGREEN CHEMLAWN VECTOR INTERNET SERVICES VERIZON WIRELESS VIKING TROPHIES INC WEST WELD WILSON DEVELOPMENT SERVI WW GP~AINGER, INC ZAHL EQUIPMENT CHECK NUMBER 110552 110553 110554 110555 110556 110557 110558 110559 110560 110561 110562 110563 110564 110565 110566 110567 110568 110569 110570 110571 110572 110573 110574 110575 110576 110577 AMOUNT 49.46 38.57 266.34 299.95 529.89 144.95 1,017.22 234.42 1,340.00 36.12 756.15 383.40 256.13 23.37 574.24 617.05 539.01 158.75 53.25 150.00 288.22 54.49 199.40 1 826.50 36.42 43.01 941 099.65 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/04/2004 17 Check History GLS40R-V06.60 PAGE 5 11/08/04 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 941,099.65 RECORDS PRINTED - 001029 ACS FINANCIi~-L SYSTEM 11/04/2004 17:06:32 FUND RECAP: FLYND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 225 CABLE TELEVISION 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 261 TWENTY-FIRST CENTURY GR3%NT 270 DARE PROJECT 382 TAX INCR CAP APPREC OF 1990 401 CAPITAL IMPROVEMENTS 415 CAPITAL IMPROVEMENT - PIR 420 CAP IMPROVEMENT-DEVELOPMENT 601 WATER UTILITY 602 SEWER UTILITY 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 653 STORM SEWER CONSTRUCT. FUND 701 CENTR3~L GAI~_AGE 720 DATA PROCESSING 885 ESCROW TOTAL ALL FUNDS Check History DISBURSEMENTS 28,383.36 6,926.66 125.00 1,101.53 22.92 3,707.76 22.00 570.25 539.01 138.60 37.87 276,470.53 2,841.84 1,961.58 1,904.26 3,059.50 394,762.87 660.30 5,250.00 9,028.58 932.75 202,652.48 941,099.65 CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME ................................ BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 941,099.65 941,099.65 CITY COUNCIL LETTER Meeting of November 8, 2004 AGENDA SECTION: Resolutions/Ordinances ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ITEM: Adopt Resolution For Revocation BY: Chat'lie Thompson BY: ~ ~ DATE: November 2, 2004 DATE: NO: 2004-77 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Abdullahi Elmi regarding rental property at 1635 49th Avenue N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2004-77, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2004-77, Resolmion of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Abdullahi Elmi Regarding Rental Property at 1635 49th Avenue N.E. COUNCIL ACTION: RESOLUTION 2004-77 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY ABDULLAItI ELMI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1635 49TM AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 7, 2004 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 8, 2004. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CiTY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on May 20, 2004, inspectors for the City of Columbia Heights, inspected the property and noted forty-three violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. o That on June 1, 2004, inspectors for the City of Columbia Heights reinspected the ilmnediate hazard violations and noted that the three initial violations remained uncorrected. That on July 1, 2004, inspectors for the City of Columbia Heights, reinspected the property and noted thirty-nine violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. That on July 26, 2004, inspectors for the City of Columbia Heights, attempted to reinspect the property, inspectors and the office were notified that the property had been sold to the tenants, as so, an exterior inspection was performed only. Inspectors noted that all the exterior violations remained tmcorrected. Complim~ce orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. o That on August 12, 2004, inspectors for the City of Columbia Heights were notified that the property was still owned by Abdullahi Elmi. Inspectors reinspected the property and noted thirty-three violations remained uncorrected. A City Cotmcil O O. license revocation hearing was scheduled and a notice of such was sent along with compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. That on September 8, 2004, inspectors for the City of Columbia Heights reinspected the property and noted that twenty-two violations remained uncorrected. Inspectors had been notified that the tenants would be evicted by September 30, 2004 and that the property would no longer be occupied and sold. The City Council hearing was closed. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. That on October 5, 2004, inspectors for the City of Columbia Heights reinspected the property and noted that twenty-one violations remained uncorrected. The property was still occupied and a new license revocation hearing was setup. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. the property and noted that sixteen violations remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner at the address listed on the Rental Housing License Application. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $1,100.00 That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 1635 49th Avenue NE. is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. o That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F6441A is hereby revoked/suspended (cross out one); o The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF, 2004 MOTION BY: SECOND BY: ROLL CALL VOTE: AYES: NAYS: ATTEST: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATTY MUSCOVITZ DEPUTY CITY CLERK JULIENNE WYCOFF MAYOR CITY COUNCIL LETTER Meeting of November 8, 2004 AGENDA SECTION: Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: / . doptP..eso,_ut,on o ._ b .te,.-nent har, .e l, ol"n p on DATE: November 2, 2004 DATE: NO: 2004-78 Delcaration of a nuisance and abatement of violations within the City of Columbia Heights is requested against Anthony Griffith regarding prope~y at 3730 Tyler Street NE. for failure to meet the requirements of the Residential Maintenance Code.. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2004-78, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2004-78, Resolution of the City Cotmcil of the City of Columbia Heights Declaring the Property at 3730 Tyler Street NE a Nuisance and Approving the Abatement of Violations from the Property Pursuant to City Code Section 8.602. COUNCIL ACTION: RESOLUTION 2004-78 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING ABATEMENT OF ORDINANCE VIOLATIONS PURSUANT TO CHAPTER 8, ARTICLE VI, SECTION 1 OF CITY CODE, ORDINANCE VIOLATIONS EXIST ON PROPERTY OWNED BY ANTHONY GRIFFITH (HEREINAFTER "OWNER OF RECORD"). WHEREAS, OWNER OF RECORD IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3730 TYLER STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 8.602(1)(B), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS SENT VIA CERTIFIED AND REGULAR MAIL TO THE OWNER OF RECORD ON NOVEMBER 3, 2004. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES D~t'2I T ATTFh AND ~,~uU~ THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on September 13, 2004 an inspection was conducted and one violation was noted. A letter detailing the abatement procedure mad a copy of applicable ordinance sections was sent by regular mail to the owner of record. That on October 29, 2004, the Assistant Fire Chief reinspected the property and noted that the violations remained uncorrected. A notice of abatement and public hearing was mailed to the owner of record by certified mail on November 3, 2004. 3. That based upon said records of the Fire Department, the following conditions mad violations of City Ordinance(s) were found to exist, to-wit: A. FAILURE TO CORRECT RMC VIOLATIONS - REMOVE ALL/ANY OUTSIDE STORAGE FROM THE PROPERTY. ° That all parties, including the OWNER OF RECORD and may occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.602(1)(a) and 8.602(1)(b). o CONCLUSIONS OF COUNCIL That the property located at 3730 Tyler Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement attached hereto; That all relevant pm~ties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The property located at 3730 Tyler Street constitutes a nuisance pursuant to City Code. That a copy of this resolution/order shall be served upon all relevant parties and parties in interest. That any motion for stm~nary enforcement shall be served upon all relevant parties and parties in interest. That all service provided for herein shall be in accordance with Minnesota Statute 483.17, subd. 2 PASSED THIS DAY OF, 2004 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA PATTY MUSCOVITZ DEPUTY CITY CLERK JULIENNE WYCKOFF MAYOR COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 8, 2004 AGENDA SECTION: Items for Consideration, ORIGINATING DEPARTMENT: CITY MANAGER'S Other Business Cormnunity Development APPROVAL NO: ITEM: Approval of a Development Contract for, ./?/,/'/,/f//~~ ' the Amended Final Plat of Grand Central Lofts BY: Ellen Berkelhamer BY~~. ~/~,///;F~ and Approval of the Amended Final Plat of Grand DATE: November 4, 2004 Central Lofts BACKGROUND: On August 27, 2004, the City Council approved the Development Contract and Final Plat for a portion of the Grand Central Lofts development. Nedegaard Custom Homes has now made an application for final plat amendment, seeking approval of a plat revision to add one more townhome unit to the development. The City Council approved a development that contained 20 townhomes and up to 210 condominium units. The final plat revision would increase the number of townhome units to 21. The Plam~ing Commission conducted a public hearing to review the final plat amendment on November 3, 2004. RECOMMENDATION: Staff recommends that the City Council approve the Development Contract for the Amended Final Plat of Grand Central Lofts. The Planning Con2rfission recon2nends that the City Council approve the Amended Final Plat of Subdivision subject to 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, as listed below. RECOMMENDED MOTION: Motion: Move to approve the Development Contract for the Plat of Grand Central Lofts. Motion: Move to approve the Amended 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 prope~y east toward Fillmore, and include a sidewalk link to Central Avenue as part of the development of the co~rnnercial parcel, Outlot C. 4. The Developer must make a park dedication contribution in the amount of $173,250 ($750 per unit for 231 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. Attachments: Plannhzg Report, Develo?ment Contract, Final Plat COUNCIL ACTION: DEVELOPMENT CONTRACT FOR PLAT OF GRAND CENTRAL LOFTS ANOKA COUNTY, MINNESOTA . -1- INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR GRAND CENRAL LOFTS, ANOICA 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 TerIns City of Columbia Heights Developer, Owner Plat Development Plans Development Contract Council PWD Director of PWD Couniy 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 h~demnification 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 - 8.1 8.2 ESCROW DEPOSIT Escrow Requirement 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 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 Lm~dscaping 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 CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR GRAND CENTRAL LOFTS THIS AGREEMENT, made and entered into on the day of ,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 smr~e 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 from 47th to 51st Avenues, b. mm lane and restriping on 49th Avenue as required by Anoka County, c. installation of a 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 DEVELO?ER 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 ail 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, Mi~mesota. 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 constp,~cted by the DEVELOPER within public right-of-way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part 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 perfonn 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, insun'ections, 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 WalTants and represents the following: mo AUTHORITY. Developer is a limited liability company, validly existing and in good standing under the laws of the State of Milmesota. DEVELOPER has the right, 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 colmection 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, judgrnent or decree which would prohibit the execution or perfonrtance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit 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 statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) Do F° 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. NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the City, 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 instrumentality. 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. 1.16 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. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely maimer 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: AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Milmesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. _q_ 1.17 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 shah have previously designated by notice given in accordance with this Section. Notices shah 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 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. ltl 2.2 2.3 2.4 2.5 2.6 2.7 2.8 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or seed in all boulevards witlfin 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 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 right 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 -11 - 2.9 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 (30) 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 FORiviAL NOTICE of accept~ce by the A~er ..... *~ DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. If the DEVELOPER PUBLIC IMPROVEMENTS do not confon~, FOCAL NOTICE shall be ~ven to the DEVELOPER of the need for repair or replacement. ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 3.2 3.3 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. 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 fi'om 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. _19_ 4.1 ARTICLE 4 DEVELOPER WARRANTIES STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. 5.1 ARTICLE 5 CITY WARRANTIES STATEMENT OF CITY WARRANTIES. The City hereby makes and states the CITY WARRANTIES. 6.1 ARTICLE 6 INDEMNIFICATION 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) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) 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; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; 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. e) f) g) h) -13- 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, specifying the nature of the asserted 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. a) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be perfonr~ed by the CITY; c) the CITY may collect on the irrevocable letter of credit or cash deposit; d) 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 perforrned 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 mhd expenses incurred by the CITY; mhd 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 mhd hearing 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 Mime. Stat. 429.081. 7.2 7.3 7.4 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 limited 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 may 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 hereby waive any appeal rights up to the amount indicated on Exhibit 'C' pursuant to Minn. Stat. 429.081. 8.1 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. -lq- 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 fonrt 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 tenu provided it is automitically renewable for successive one year periods from 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 in'evocable 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 from time to time as financial obligations are paid. 8.2 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 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 9.7 ARTICLE 9 MISCELLANEOUS CITY's DUTIES. The terrns 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 ~11~ all documents necessary to implement the recording. BINDING AGREEMENT. The parties mutually recoglfize and agree that all terms and conditions of this recordable DEVELOPMENT CONTRACT shall run 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 pm-t of it. 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 othelwvise 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 fulfilhnent 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 alnendment, 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. -17- 9.8 9.9 9.10 9.11 9.12 9.13 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Milmesota. 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 pertbrm ail 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 screelfing 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 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%) of the 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 lnaterials 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 lnaterials 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. 9.14 9.15 9.16 9.16 PARK DEDICATION. The City hereby determines Park dedication fees in the mnount 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 hnprovements. 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 four town home units prior to the sanitary sewer reconstruction on Central Avenue. No additional building permits will be issued until such time as a. Sanitar,; Sewer Reconstruction fi'om 47th to 51st Avenues, and b. Right turn lane construction mad lane restriping on 49th Avenue as required by Anoka County. B. OWNER hereby agrees that the CITY shall not 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. C. 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 com~ection 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 wan'anties have expired. -19- IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS OWNER AND DEVELOPER: NEW HEIGHTS DEVELOPMENT By: By: Julienne Wyckoff, Mayor Bruce Nedegaard By: Its Walt Fehst, City Manager STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) 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 affLxed 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 ) ) SS. COUNTY OF ANOICA ) On this day of ., 2004, before me a Notary Public within and for said County, personally appeared Bruce Nedegaard, to me personally lmown, who being by me duly sworn, each did say that he is the of New Heights Development, LLC, named in the foregoing instrument, and that said instrument was signed in behaff of said New Heights Development, a Minnesota Limited Licensed Corporation by authority of its and said acknowledged said instrument to be the free act and deed of the New Heights Development, LLC. Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF ANOKA ) 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 Barna, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783-5122 EXHIBIT A LIST OF DEVELOPMENT PLANS PLAN DESCRIPTION DESIGN PLAN DATE 1. Erosion Control and Grading Plan Humphrey Engineering 8/02/04 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 Architecture 5/25/04 Street Light Plan Close Landscape Architecture 7/31/04 Central Ave Sanitary Sewer Plan (47th to 51st Avenues) Humphrey Engineering 2005 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 Stree0 Utilities (Plat) Streets .(Plat) 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 to 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. EXHIBIT C ESCROW AND PARK DEDICATION CALCULATION(S) DEVELOPER IMPROVEMENTS 1. Erosion Control/Restoration $ 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 231 $173,250.00 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 7/29/04 4/23/04 8/23/04 7/7/04 10/18/04 CITY OF COLUMBIA HEIGHTS PLANNING REPORT TO CITY COUNCIL CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2004-1101 November 8, 2004 Columbia Heights City Council Nedegaard Custom Homes Grand Central Lofts 4707-4747 Central Av NE, Columbia Heights Final Plat Amendment Ellen Berkelhamer, AICP, Consulting Planner Introduction Nedegaard Custom Homes has made an application for final plat amendment for the Grand Central Lofts development. The applicant seeks approval of a plat revision to add one more townhome unit to the development. The City Council previously approved a development that contained 20 townhomes and up to 210 condominium units. The final plat revision would increase the number of townhome units to 21. Planning Considerations Density The proposed increase in one townhome unit does not significantly increase the density on site. The previously approved final plat anticipated 230 units on a site of 14.91 acres, which yields a density of 15.42 acres. The increase to a maximum of 231 units will yield a density of 15.49 acres. The Mixed Use zoning district in which the development is located allows an overall density of 12-20 units per acre. Park Dedication The applicant will be required to pay an additional $750 in park dedication fees for the new townhome unit. This fee is payable at the time of building permit, in accordance with the Development Contract executed by the City Council and the developer. The Development Contract has been revised for the City Council's review and approval to reflect the additional dwelling unit. Approved Site Plan Changes The developer has requested an increase in townhome units from 20 to 21 units. Section 9.413 City of Columbia Heights City Council November 8, 2004 Grand Central Lofts Final Plat Amendment Case # 2004-1101 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 the increase in units doesn't increase the density significantly, doesn't reduce open space significantly, and doesn't impact parking on site because the townhome unit contains the two required garage spaces. 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. i The ................... :~" . (..;C,)IIIOIIII,,~ LL2 LIlt: c:;[J~Jl~JV~U I-I~llllllllOl.y ~ ~C~L. I-I11~1 I"l~t ~Ul2~%'t~lllLl~lly The Final Plat conforms substantially to the approved 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 Ordinance1, including: 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 ft. 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. ~ Please note, these are the same development conditions that were attached to the previous final plat approval, with the exception of condition ~4, which has been modified to reflect the additional park dedication. Page 2 City of Columbia Heights City Council November 8, 2004 Grand Central Lofts Final Plat Amendment Case # 2004-1101 4. The Developer must make a park dedication contribution in the amount of $173,250 (or $750 per unit) 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 cop,, of Anoka County's acceptance of the right turn lane construction and lane restriping on 49tf~ Avenue must be provided to the City Engineer. Attachments · Final Plat Page 3 GRAND C KNOW ALL PERSONS BY THESE PRESENTS: That New Heights L.L.C., a Minnesota Limited Liability Corporation, owne proprietor, of the following described property situated in the County of Anoka and State of Miunesota, to wit: That part of the West 900.00 feet of the Northwest Quarter of the Southwest Quarter of Section 25, Township Thirty 30, Range ~ Anoka County, Minnesota, lying Southerly of the Southerly right-of-way line of 49th Avenue Northeast, except the South 24 feet thereof also except those parts platted as CHEERY HEIGHTS and MALAN ADDITION and except that part lying West and Northerly of the following described line: Commencing at the Southwest comer of said Northwest Quarter of Southwest Quarter; thence on an assumed bearing ofN 0 deg 24 minutes 48 seconds E, along the West line of said Northwest Quarter of Southwest Quarter a distance of 476.01 feet to actual of beginning of line to be described; thence S 89 degrees 36 minutes 57 seconds E, a distance of 277.60 feet; thence N 25 degree 14minutes 48 seconds E, a distance of 182.72 feet; thence N 00 degrees 24 minutes 48 seconds E, a distance of 226.89 feet; then, 89 degrees 35 minutes 12 seconds E, a distance of 195.67 feet; thence N 00 degrees 24 minutes 48 seconds E, to it's intersection a line bearing east 90 degrees fi:om a point on the West line of said Northwest Quarter of Southwest Quarter, said point being 38 feet Southerly fi:om the Northwest comer of said Northwest Quarter of Southwest Quarter; thence North parallel with and 550.00 feet Easterly fi:om said West line to the intersection of said Southerly right of way line of 49th Avenue Northeast and the: terminating. also Lot l, Block i, Maian Addition, according to me recomea p~at merem, Has caused the same to be surveyed and platted as GRAND CENTRAL LOFTS and does hereby dedicate to the public, for publ forever, the avenues, street and highway and also dedicate the easements as shown on the plat for drainage and utility purposes In witness whereof said New Heights L.L.C., a Minnesota Limited Liability Corporation, has caused these presents to be signed proper officer this __ day of ,20 New Heights L.L.C. By BmceNedegaard, President STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this __ day of ,20 President of New Heights L.L.C., a Minnesota Limited Liability Corporation, on behalf of the Corporation. , by Brace Nedegaa Notary Public, My Commission Expires County, Minnesota ol I--' '"3 o GRAND ( / ~ CHEE Y~ . / \ "':' , / ~oo.~,~,,~8,,w 9~ 455,18 OUTLOT B 0 323.16 ~l '~ OUTLOT B / ,::,~ ~ % ! ~1 UTIUTY EASFJ,IENT j (MEAS.)NOO'24'48"E 226.89 (DEED) NOO'OO'OO"E EXCEPTION OUTLOT A ST/ i CENTRAL AVENUE NE 0 25 50 100 REVISED PER CITY COMMENTS FINAL PLAT SUBMITTAL RELEASED FOR REVIEW I HEREBY CERTIFY THAT THIS PLAN,. OR REPORT WAS PREPARED BY ME C SUPERViSION AND THAT I AM A DUL' PROFESSIONAL ENGINEER UNDER THE STATE OF MINNESOTA. DATE sI21o4 REVISION DESCRIPTION: J&SON R, RAVERTY