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HomeMy WebLinkAboutAugust 22, 2005 Regular CITY OF COLUMBIA HEIGHTS ADMINISTRA TlON Mavar Gary L. Peterson COI/llcilmembers Robert A. Williams Bruce Nawrocki Tammera Ericson Diehm Bnlce Kelzenberg Citv Mallal!er Walter R. Fe/tst 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ollr Website at: www.ci.colll/l/bia-heights./l/l1.US August 19,2005 The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, August 22,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.R, Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church will give the invocation. 2. PLEDGE OF ALLEGIANCE 3. 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 - none B) Presentations 1) Introduction of 2005-06 Columbia Heights Ambassadors-Dorinda Edlund 2) Presentation on Global Sister Cities Conference in Spokane -Dolores StrandlWally Logacz C) Introduction of New Employees 1) Jason Piehn - introduction and swearing in of new Police Officer D) Recognition - none 5. 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 August 8, 2005 regular City Council meeting MOTION: Move to approve the minutes of the August 8, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Minutes of the Planning and Zoning Commission meeting of August 16,2005 b) Minutes of the Telecommunications Commission meeting of August 18,2005 3) Establish Work Session Meeting Date for Tuesday, September 6, 2005, beginning at 7:00 p.m. in City Council Chambers MOTION: Move to schedule a City Council Work Session for Tuesday, September 6,2005, beginning at 7:00 p.m. in City Council Chambers. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda August 22, 2005 Page 2 of 4 4) Approve Fund Transfer from General Fund to Police Department Budget to Reimburse O.T. Fund MOTION: Move to transfer $3,178.49 received from Anoka County for reimbursement of Safe and Sober grant overtime worked and for detox transports from the General Fund to the Police Department 2005 budget under line #1020, police overtime. 5) Adopt Resolutions No. 2005-44 and 2005-45, being Resolutions Promoting Intrastate Mutual Aid Agreements and Designating NIMS for Incident Management MOTION: Move to waive the reading of Resolution No. 2005-44, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-44, being a Resolution promoting the use of Intrastate Mutual Aid Agreements. MOTION: Move to waive the reading of Resolution No. 2005-45, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-45, being a Resolution designating the National Incident Management System (NIMS) as the basis for all Incident Management in Columbia Heights. 6) Approve the Items Listed for Rental Housing License Applications for August 22, 2005 MOTION: Move to approve the items listed for rental housing license applications for August 22, 2005. 7) Approve a Professional Services Agreement with SEH for Huset Parkway MOTION: Move to approve the Professional Services Agreement with SEH for engineering consultant services for the constmction phase of Huset Parkway in an amount not to exceed $25,000. 8) Approve a Professional Services Agreement with Pro Source for Huset Parkway MOTION: Move to approve a Professional Services Agreement with Pro Source for environmental engineering services for Huset Parkway in an amount not to exceed $37,500. 9) Authorize Additional Segments to the 2005 Water Main Cleaning and Lining Program, City Proiect 0504 MOTION: Move to authorize the addition of Jefferson Street segment from 48th to 49th Avenues to the 2005 water main cleaning and lining program, under the Minneapolis Program at an additional cost of$16,300, with funding from the Water Construction Fund, 651-50504-5130. 10) School Liaison Officer Contract with School District #13 for 2005-2006 MOTION: Move to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with School District #13 for the provision of a police school liaison officer as stipulated in the Joint Powers Agreement for the period of September 1, 2005 through June 8, 2006. 11) Adopt Resolution No 2005-42, Being a Resolution Adopting the 2006 Business License Fee Schedule MOTION: Move to waive the reading of Resolution No. 2005-42, as there are ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-42, being a resolution adopting the 2006 Business Licensee Fee Schedule as presented. 12) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 22,2005 City Council Agenda August 22, 2005 Page 3 of 4 as presented. 13) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 113918 through 114078 in the amount of $1,355,253.83. 6. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 1131 40th Avenue NE MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by Segundo Ramon regarding rental property at 1131 40th Avenue N.E. in that the violations have been corrected. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 1336-1338 43 ~ Avenue NE MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by Ismael Omer regarding rental property at 1336-1338 43 1/2 Avenue N.E. in that the violations have been corrected. C) Public Hearing called for Revocation/Suspension of Rental Housing License at 3731-33 Pierce Street NE MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by Hydahm Kerim regarding rental property at 3731-33 Pierce Street NE in that the violations have been corrected. D) Public Hearing called for Revocation/Suspension of Rental Housing License at 3726 3rd Street NE MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by TJ2 Holdings regarding rental property at 3726 3rd Street NE in that the violations have been corrected. E) Public Hearing called for Revocation/Suspension of Rental Housing License at 543 40th Avenue NE MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by Kiros Tesfaye regarding rental property at 543 40th Avenue N.E. in that the violations have been corrected. F) Public Hearing called for Revocation/Suspension of Rental Housing License at 600 51 st Avenue NE MOTION: Move to close the Public Hearing regarding the revocation or suspension of the rental license held by Anthony Chester regarding rental property at 600 51 st Avenue N.E. in that the violations have been corrected. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading of Ordinance 1493, Vacating a Portion of 5th Street N.E. MOTION: Move to waive the reading of Ordinance No. 1493, there being ample copies available to the public. MOTION: Move to establish a second reading of Ordinance No. 1493, vacating a portion of 5th Street NE for Monday, September 12, 2005 at approximately 7:00 pm in the City Council Chambers. 2) First Reading of Ordinance 1494, 1495, and 1496, Vacating a Portion of 38th Avenue NE, 39th Avenue NE, Lookout Place, and the Adiacent Alley MOTION: Move to waive the reading of Ordinance No. 1494, there being ample copies available to the public. City Council Agenda August 22, 2005 Page 4 of 4 MOTION: Move to establish a second reading of Ordinance No. 1494, vacating a portion of 38th Avenue NE for Monday, September 12,2005 at approximately 7:00 pm in the City Council Chambers. MOTION: Move to waive the reading of Ordinance No. 1495, there being ample copies available to the public. MOTION: Move to establish a second reading of Ordinance 1495, vacating a portion of 39th Avenue NE for Monday, September 12,2005 at approximately 7:00 pm in the City Council Chambers. MOTION: Move to waive the reading of Ordinance No. 1496, there being ample copies available to the public. MOTION: Move to establish a second reading of Ordinance 1496, vacating a portion of Lookout Place and adjacent alley for Monday, September 12,2005 at approximately 7:00 pm in City Council Chambers. 3) Adopt Emergency Ordinance No. 1497, Being an Ordinance Replacing Emergency Ordinance No. 1481, an Ordinance Repealing Ordinance No. 1449, and Imposing a Moratorium on Motor Vehicle Sales and/or Lease Dealerships in the General Business Districts MOTION: Move to waive the reading of Emergency Ordinance #1497, there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance #1497, being an Ordinance imposing a moratorium on motor vehicle sales and/or lease dealerships in the General Business Districts. B) Bid Considerations -none C) Other Business 1) Approve Phase L Final Plat for Huset Park MOTION: Move to approve the Huset Park Final Plat for Phase I. 2) Approve Preliminary Plat for Phase 2, Huset Park Industrial Park Redevelopment. Case #2005-0703 MOTION: Move to approve the Preliminary Plat, subject to conditions recommended by the Planning Commission and staff. 3) Approve Huset Park, Phase I Development Agreement with Schafer Richardson MOTION: Move to approve the Development Agreement between Schafer Richardson and the City of Columbia Heights for Phase I of the Huset Park Redevelopment Project. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall state his/her name and address for the record. 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/cb OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL AUGUST 8, 2005 THE:SE MINUTES HAVE NOT BEEN APPROVED" 5'.-A~ The following are the minutes for the regular meeting ofthe City Council held at 7:00 p.m. on Monday, August 8,2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDERJROLL CALL/INVOCATION Present: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Councilmember Ericson Diehm, Councilmember Kelzenberg Pastor Peter Law, Community United Methodist Church, gave the invocation. PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS. PRESENT A TIONS. RECOGNITIONS AND GUESTS Introduction of New Employees 1) New Assistant Fire Chief - promotion of Captain John Larkin Fire Chief Gary Gonnan introduced the new Assistant Fire Chief, John Larkin and listed his service and accomplishments as a Firefighter for the City of Columbia Heights. Larkin thanked everyone and indicated he is looking forward to this opportunity. 2) New Fire Captain - promotion of Full-time Firefighter Dan O'Brien Fire Chief Gary Gonnan introduced the new Captain Dan O'Brien and listed his service and accomplishments as a Firefighter for the City of Columbia Heights. O'Brien thanked the City Council for this opportunity. Recognition 3) Scott Linder - Retired On-Call Firefighter Fire Chief Gary Gonnan introduced retired Firefighter Scott Linder. He stated that Linder has been a dedicated firefighter for over 20 years and listed his contributions above and beyond the call of duty. He presented Linder with a plaque. Linder stated he would only miss the midnight fire calls in 30 below zero weather. Mayor Peterson stated that the Council and community appreciated his service. Miscellaneous Councilmember Kelzenberg referred to the third arumal softball game on Wednesday night between the Police/Fire Departments and the Post Office. The final score was 14 to 10, in favor ofthe Post Office. SACA was the big \-vinner, as the event raised $240 and many donated non-perishable food items. Kelzenberg presented Gonnan with the "Losers" trophy. Gonnan stated this was a fun event and his hope that it continues for many years to come. CONSENT AGENDA City Manager took the Councilmembers through the Consent Agenda. 1) Approve City Council Meeting Minutes for July 25, 2005 regular City Council meeting Motion to approve the minutes ofthe July 25, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions 2005 Meeting Minutes a) Motion to accept the April 26 minutes ofthe Housing/Redevelopment Authority. City Council Minutes August 8, 2005 Page 2 of 5 b) Motion to accept the June 28 minutes of the Economic Development Authority. c) Motion to accept the July 12 minutes of the Library Board of Trustees. Nawrocki referenced donations requiring Council approval and the assumption that donated funds would be held in escrow until recognized by the City Council. d) Motion to accept the July 21 minutes of the Charter Commission. e) Motion to accept the July 27 minutes ofthe Park & Recreation Commission. 3) Establish Work Session meeting date for Tuesdav, August 16,2005, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Tuesday, August 16,2005 beginning at 7:00 p.m. in Conference Room 1. Fehst listed the Work Session agenda items: Budget/Levy review, Police Department reimbursement of overtime, and Huset Park items from the Public Works Department. Nawrocki questioned ifthe budget would be available at the work session. Fehst stated he anticipated it would be available. 4) Establish a Hearing Date of August 22,2005 for revocation or suspension of rental property license at 1131, 40th Ave, 1336-1338 43 ~ Ave, 3731 Pierce St, 3726 3rd Street, 543 40th Ave., 600 51 st Ave. Motion to Establish a Hearing Date of August 22, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 1131 40th Avenue. Motion Establish a Hearing Date of August 22, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 1336-1338 43 ~ Avenue. Motion to Establish a Hearing Date of August 22, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 3731 Pierce Street. Motion to Establish a Hearing Date of August 22, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 3726 3 rd Street. Motion to Establish a Hearing Date of August 22, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 543 40th Avenue. Motion to Establish a Hearing Date of August 22, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 600 51 st Avenue. 5) Approve Business License Applications Motion to approve the items as listed on the business license agenda for August 8, 2005 as presented. 6) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 113759 through 113917 in the amount of$I,031,551.13. Nawrocki question check #113838 Bonestroo Rosene for grass seeding at Prestemon Park; check #113875 to the League ofMN Cities Insurance for two deductibles; check #113902 to Rapid Graphics for a consumer repOli insert. Fehst indicated the inserts were for the water report and he would get the other infonnation requested. City Council Minutes August 8, 2005 Page 3 of5 '\ Motion by Nawrocki, second by Williams, to approve the Consent Agenda items. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS Close Public Hearing called for Revocation/Suspension of Rental Housing License at 1026 40th Ave. Mayor Peterson closed the Public Hearing regarding the revocation or suspension of the Rental License regarding rental property at 1026 40th Avenue, in that the property now complies with the Residential Maintenance Code. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions First reading of Ordinance No. 1492, a proposed change to the City Charter, Chapter 7, Section 72, Bonded Debt and Debt Limit Nawrocki asked City Attorney Jim Hoeft if the proposed language change was for the balance of bonds and would not allow an increase in the amount being refinanced. Hoeft stated that was true. Motion by Ericson Dielun, second by Williams, to waive the reading of Ordinance No. 1492 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by EIicson Diehm, second by Williams, to schedule the second reading of Ordinance No. 1492 for September 12,2005, at approximately 7:00 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager . Referred to letter from MHF A regarding application by Salvation Anny for property at 4600 Polk Street. This has been reviewed and does not qualify for zoning in that area. We would welcome the application for a different address. . Met with Anderson Builders and Associates regarding 49th an,d Central - NW comer, regarding redevelopment of the area. The proposal was a predevelopment agreement for the entire block. . National Night Out last Tuesday - there were 36 parties held. Two parties were cancelled because ofthe heat. Neighborhood issues were discussed. Councilmembers each attended several parties. . We continue to meet on the budget with Division Heads. Our state aid should be a little more than we anticipated. . We will begin the water main cleaning and lining project by next week. . Met with Walker staff members regarding operations. Weare pleased with management, but there are some questions on day-to-day management issues. Nawrocki . Walker's perfonnance at the high-rise fails is the area oftenant relationships. . Signs along Central Avenue - questioned why sidewalk signs are not allowed but pointed out several of them. He said the City Manager indicated they would be cited. The sign at the donut shop is still there, along with a big truck left as a pOliable sign. Other cities are not as lenient as we are on sidewalk signs. Fehst stated letters were sent to those violating the sign ordinance. This ordinance will be reviewed when the new Planner comes on at the end of the month. The Jelly and Bean's sign is in violation of the Code and has 72 hours to be removed. Is there a time limit on sandwich boards? Fehst stated there was a time limit on temporwy signs. Size is limited to two feet by four feet. B) RepOli ofthe City Attorney - nothing to report. City Council Minutes August 8, 2005 Page 4 of 5 Nawrocki . By state law, fees charged for pennits are not to exceed the cost, particularly building pennits. The Attomey stated previously that as long as fees are within the State limit, it is appropriate. They no longer have a building pennit fee list. Fees are not to raise revenue. Hoeft stated that when the State no longer issued a fee scale, cities worked off the last fee list, and if not increased that list would be allowed. 1f cities have applied a cost of living increase to the fee schedule, it may not be proper. Some cities have found that that list may not be adequate to cover costs. Where does it state it is acceptable to use the State's last schedule? Hoeft stated that it is a test of approval by the State and were fine for the years they were set for and are acceptable because they have not been increased. CITIZENS FORUM Tim Bradach, 4400 Stinson Boulevard and owner oflots adjacent to Silver Lake Beach, requested combining two lots. He was told he would not be allowed to refinance because the City has it in another category. Hoeft stated this would need to be addressed by the COlmnunity Development Depmiment. Motion by Nawrocki to direct the City Manager to address property concems at 4400 Stinson Boulevard and report back to the City Council. Second by Ericson Diehm. Upon vote: All ayes. Motion carried. COUNCIL CORNER Nawrocki . Serves on the LMC Fiscal Finance Committee, which met last week. Copies available of 2005 city policies. The State has revised LGA mnounts, allowing Columbia Heights a smaller reduction this year but will be more again in the future. We will receive homestead credits for the next two years. Fehst stated this information could be placed in the Green Sheet. . The Legislature passed changes in the law regarding retirement fund contributions for employer and employee. Listed the increase amounts that will take place in January of next year. . The Library had a summer theater program on Wednesday featuring youth of the cOlmnunity. On Thursday, the MoonShoe Players, 6t\ ih, and 8th grade local youth, presented a mystery dinner theater. There was a full house at Murzyn Hall. Donations were made by Taste Pizza and Jeff's Bobby and Steve's Auto World. A highlight ofthe program was the pmiicipation of our Mayor. . Next Sunday, August 14,2:00 p.m. at Kordiak Park there will be a Memorial dedicated to Anoka County Men and Women that participated in WWII. Gil Mros has lead this project. Ericson Diehm . Thanked the Police and Fire Depmiments for their hard work on National Night Out (NNO). They visited and answered many neighborhood questions on projects in the community and on wanting to participate in the community. Williams CD Met with Kordiak, Nawrocki, and the Heights Manor administration, as an advisory board, on parking concerns. Nawrocki requested information onfence heightsfor them. People should not be afraid to call 911 to report problems. Nawrocki suggested spending addition money for the Police to get the word out to call 911. . Thanked the Police and Fire Departments for NNO - everyone was very positive and he received no complaints. This is encouraging. . Grid 8 - he listed police activities in this area for four specific days. . Happy to see us working on the water lines on Jefferson and Polk Streets. Residents have been very patient. Remember we will have the cleanest water in the nation. . Pray for one another and the health of our citizens. . RefelTed to the passing of a Mr. Dearing from Columbia Heights. City Council Minutes August 8, 2005 Page 5 of 5 Kelzenberg . NNO cOlmnents were mostly positive; only a few negatives. Heard that Minneapolis charges $75 for each barricade used. We do not charge for barricades. . Mentioned the many spectators at the Police-Fire versus Post Office softball game. SACA was the real beneficiary. Peterson . NNO was a huge success, and thanked all of the hosts for their hard work. . Along with his wife, attended the Moonshoe Players dinner theater. It was performed by local youth, with youth serving the meal. Some ofthe table waiters were from the girl's softball team. Never before enjoyed a dinner theater as much as this. Everyone left with a smile. Murzyn Hall was decorated like an Italian bistro. We have up and coming teenagers in our community. Thank you to Liz Bray, the Director. . On NNO did not hear many negatives, except speeding in residential neighborhoods. Use our speed. monitor more and be more aggressive in tagging. Please be aware of your speed. Regarding motOlized scooters now allowed on our streets, there was a young person hit in another cOlmnunity - so you must be very cautious. . Last night on T.V. saw there is another Minnesota group of soldiers leaving for Iraq. No matter what your stand on the war, show appreciation for our service men and women. It is close to home, as our Secretary Patty Muscovitz's son is now in the Anny in training and will serve our country. Keep her and her family in your prayers. Nawrocki -Regarding motor scooters, there are regulations. He gave an example and indicated this is another area that citizens need to be infOlmed of the regulations. . Don't take ourselves too seriously, and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:17 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary c:7, ..A) ;)) 0- PLANNING AND ZONING COMMISSION MINUTES OF THE SPECIAL MEETING AUGUST 16, 2005 7:30 PM ~'~ 0 It 11 'HUese 1[WTIH1l1111l(e: E' Iffi(O) ~ tal, JII1 Jf@V(; The meeting was called to order at 7:30 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Peterson, and Szurek. Members Absent- Schmitt Also present were Perry Thorvig (City Planners-from Dahlgren, Shardlow, and Uban), Shelley Hanson (Secretary), and Tami Ericson Diehm (Council Liaison). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of July 7, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: 2005-0801 Schafer Richardson South side of Huset Park from Jefferson/Madison Street to 5th St -Industrial Pk Redevelopment Area (Park View) Final Plat (Phase I) and Vacation of a part of 5th Street REQUEST: PREPARED BY: Perry Thorvig, Consultant Planner Introduction Schafer Richardson requests approval of: 1. The final plat for the Phase 1 ofthe redevelopment of the industrial area south ofHuset Park, and 2. The vacation of parts of 5th St. N.E. north and south of the new Huset Parkway. Phase 1 is part of a larger 28-acre redevelopment area that the developers are now calling Park View. Phase 1 contains 123 dwelling units on approximately 11 acres ofland (11.18 dwelling units/acre). There are 46 two-story townhomes and 77 three-story carriage home units. There are no public streets proposed within the project. PLANNING & ZONING COMMISSION MINUTES PAGE 2 AUGUST 16, 200S Planning Considerations 1. The preliminary plat was approved by the City Council on June 13, 200S. 2. The plat was approved based on the condition that the applicant revise the plat slightly to account for the minor realignment of Sth St. N.E. where it intersects with Huset Parkway and that a development agreement, be prepared that specifies the responsibilities of the developer and the City. 3. In order to vacate a street, it must be found that the street is no longer needed for any public purpose. Notice ofthe vacation was sent to the abutting property owners and the utility companies. No abutting property owners objected. Qwest and CenterPoint Energy have facilities in the street that must be protected by way of easement. Their responses are as follows: Qwest has buried facilities along the east curb line of Sth Street. These facilities must be protected by way of easement. The applicant's site plan does not show any building over these facilities. CenterPoint Energy has a natural gas main in the east half of Sth Street and needs to have this facility protected by an easement. This is not in an area where the developer proposed to build. Findings of Fact for Final Plat Section 9.412 (6) of the Columbia Heights zoning code requires that the City Council make each ofthe following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. The final plat does substantianv conform to the approved preliminwy plat. Only the requested changes to the alignment of 5th Street NE. have been made pursuant to staff instructions. 2. The proposed subdivision conforms to the requirements ofthe Subdivision Ordinance. The final plat conforms to the requirements of the Subdivision Ordinance. Findings of Fact for Vacation of 5th Street The street is not needed for any public purpose and can be vacated provided easements are retained for existingfaGilities in the right of way for Qwest and CenterPoint. Therefore, staff recommends that the Planning Commission recommend approval the final plat based on the finding that the final plat substantially conforms to the preliminary plat. and Staff also recommends that the Planning Commission recommend approval of the requested vacation of Sth Street N.E. provided easements are preserved for Qwest and CenterPoint Energy. PLANNING & ZONING COMMISSIOIN MINUTES PAGE 3 AUGUST 15,2005 Questions/comments from Commissioners: The Commissioners were in agreement that the easement should be a blanket easement for all utilities that may need to use the underground area to provide service to residents in the future. They were concerned that by preserving the easement specifically for Qwest and Centerpoint, this prohibits the use by any other utility such as cable, DSL lines, or other future technology in this area. Thorvig said he would check with Kevin Hansen from Public Works, the two above mentioned utility companies, and Ryland Homes before this goes to the City Council to ensure the wording of a "general utility easement" is acceptable. Fiorendino questioned why it is necessary for 5th St to meet at a 90 degree angle. Thorvig said it is customary to do so when possible as it is safer to do so and provides better visibility. By vacating this small piece, it allows the streets to line up better. -" Fiorendino then asked if the general utility easement were approved, would the cable company have access to the space also. He was told, yes, they may have access to the space provided all the necessary permits were obtained and they did not disturb the existing utilities. The permit application process including review of the plans would ensure that co-using the space would be acceptable. Szurek stated she has received several phone calls asking when the development on Central Avenue is starting. It seems people are confused with the sales trailer at the old Burger King site. They think townhomes are being constructed there. She suggested Ryland put up better signage to clarify the 39th and Central site is for sales only. The Public Hearing was opened. No one wished to speak. So the Public Hearing was closed. Motion by Fiorendino, seconded by Thompson, to recommend the City Council approve the final plat based on the finding that the final plat substantially conforms to the prelimina1Y plat. All ayes. MOTION PASSED. Motion by Peterson, seconded by Thompson, to recommend the City Council approve the requested vacation of 5th Street NE. provided a utility easement be preserved. All ayes. MOTION PASSED. NEW BUSINESS None MISCELLANEOUS None The meeting was adjourned at 7:50 pm. Respectfully submitted, Shelley Hanson Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, AUGUST 18, 2005 5: .,A') .~) t r...Tl1ii! .. 'lJ 'hil"lese 'In'pj~'1n'1 ..Iii!.. JUi .lilJllilili.ll ~ lr'I'\ ot on-. m.~' m~rn. "'[7""" ",J:l, 1l.D. !.~ ~l r,l. !t :"-' rl d QP l J"""': .i ,~ '~ L~~)i' .L~"Y.LL '. ~.... \....J.. () The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Dan Swee, Dave Mahoney, Bob Buboltz, and Ken Henke. Excused Members: Absent Members: Brad Peterson Reuben Ruen Council Representative: Bruce Nawrocki City Representatives: Linda Magee Comcast Representative: Kathi Donnelly-Cohen APPROVAL OF MINUTES Motion by Dave Mahoney, second by Dan Swee, to approve the minutes from the meeting of April 2], 2005. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine. Dennis Stroik stated he has analog service and he sees a big difference in picture and audio quality between his reception at home and the reception here. Kathi explained that with the analog service, networks control the signal levels. B. Con-espondence Log and Follow Up on Complaints Ms. Mary Persing of 220 1 40th Avenue complained about a Comcast Representative who requested her social security number or driver's license number in order to have Universal Service installed. She declined to give it and questioned why this is needed. Kathi Donnelly-Cohen replied that the last four digits are needed to ensure customer security. Kathi was not sure if she went through with the connection or not once she was given the explanation. C. Responses to Questions Raised at April 21, 2005 Commission Meeting Kathi stated that there is no problem connecting Universal Service to a new TV as Dan Swee had indicated at the last meeting. There was a discussion regarding the need to re-program the TV to pick up channels, 23, 29, or 41. Kathi will ask Scott Melter to set up a test to see if this is con-ect. The Emergency Alert appears on all channels, both analog and digital. Kathi answered a question regarding Comcast Digital Voice and how it will operate. The RSU has a battery backup, so an alann will not be triggered when there is a power outage or maintenance of the system. TELECOMMUNICATION COMMISSION MINUTES AUGUST 18, 2005 PAGE 2 D. Miscellaneous Informational Items Comcast and Time Warner have joined forces to acquire the assets of bankrupt Adelphia cable systems. As part of the agreement, Comcast will be taking over the Minnesota systems previously run by Time Warner. E. Other Old Business No other old business. NEW BUSINESS "'" A. Franchise Fee for 1 st and 2nd Quarter 2005 We received the 1 st and 2nd Quarter franchise fee payments and copies were enclosed in the agenda packets. B. Changes to Channel Line Up Some changes were made to the Channel Line Up to standardize it with other systems and to allow for exciting future products and services. The changes are to begin around August 26th and there is no price adjustment associated with these. C. Cable Attorney Rate Adjustment Notice was received that effective in August 2005, Bradley & Guzzetta LLC are increasing their rates. The rates have not been adjusted in over four years. We currently are paying between $145 -$ 160/hr and it will be increasing to $ 175/hr. Linda reported she had checked with other cities/commissions and other finns are charging as much as $280/hr. She explained this increase in fees will amend the contract we have with them now. The Commissioners felt it is important to keep continuity during the renewal of our franchise. Motion by Henke, seconded by Swee to continue with Bradley & Guzzetta LLe for our legal counsel for Telecommunication matters. All ayes. MOTION PASSED. D. Other New Business Linda asked if anyone .was interested in attending the MACT A Fall Conference at the Mermaid Conference Center in Mounds View on October 27-28,2005. There is a discount for early registration. However, no one was interested in attending this event. TELECOMMUNICATION COMMISSION MINUTES AUGUST 18, 2005 PAGE 3 REPORTS A. Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report B. Report of Comcast- The reports for April-July 2005 were reviewed. Copies of the monthly newsletters were also enclosed in the packets for review. Kathi Donnelly Cohen told Commission members about an alert that has been sent out by the League ofMN Cities regarding the Ensign- McCain bill that has been introduced that would basically take away all regulations and allow phone companies to enter the cable industry also. It was her opinion that cities and cable companies, would both be hurt by this proposed bill. Among the changes that would occur as a result of this bill are: It would do away with all franchises Regulation would be done by the State or Federal govenunent-cities would not oversee the service at all Systems would be limited to 4 access channels Cities could not charge for Right of Way permits Franchise fees would be limited to a certain amount and would only be allowed on certain items. Kathi went on to report that subscribers with digital boxes will have a new program guide available to them that will be faster and more user friendly. Some additional programming is being added to the HDTV service. And the speed of the Internet service is being increased again. C. Report of City Staff Nothing further to report. Motion by Ken Henke, seconded by Brad Peterson, to adjourn the meeting at 7:40 pm. All ayes. Respectfully submitted, ~~ Shelley Hanson Secretary COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: August 22, 2005 Consent ORIGINATING DEPARTMENT: CITY MANAGER'S ITEM: Establish Work Session Meeting Date for September 6, 2005 BY: Walter R. Fehst DATE: August 17,2005 NO: DATE: It is suggested to schedule a City Council Work Session for Tuesday, September 6,2005 beginning at 7:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to schedule a City Council Work Session for Tuesday, September 6,2005 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA SECTION: Consent ~ NO. J < .J\- ITEM: Transfer Funds From General Fund to Police NO. Department Budget to Reimburse O.T. Fund ORIGINA TING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: August 10,200 BACKGROUND During the past several months of2005 the Police Department has been involved in the Safe and Sober grant program with other Anoka County agencies. Also, since Anoka County closed down the Anoka County Detox Center, the County has reimbursed us at the rate of $3 0 per person for persons taken by our officers to Mission or Hastings Detox. On July 29,2005, we received a check in the amount of$2,248.49 from Anoka County to reimburse us for overtime hours worked in the Safe and Sober grant program. According to the City Finance Director, this money is considered revenue and was placed in the City General Fund. The Safe and Sober grant program overtime is covered by the Police Depaliment general budget overtime line #1020 until the funds are reimbursed. Therefore, we are asking that the $2,248.49 placed in the General Fund be retumed to the 2005 Police general budget line 1020. On August 5, 2005, the Police Depaliment received a check in the amount of $930 from Anoka County. According to the City Finance Director, this money is considered revenue alld was placed in the City General Fund. Weare asking that the $930 sent to us by Anoka County for detox trallSpOli reimbursement be placed in the 2005 Police Depaliment oveliime line 1020. ANALYSIS/CONCLUSION The Police Department is requesting that the City Council pass a motion requiling the $3,178.49 received from Anoka County for reimbursement of Safe alld Sober grant overtime worked alld for detox transports be placed in the 2005 Police Department budget line #1020. RECOMMENDED MOTION: Move to transfer $3,178.49 received from Anoka County for reimbursement of Safe and Sober grant overtime worked and for detox trallSports from the General Fund to the Police Depaliment 2005 budget under line #1020, police overtime. TMJ :mld 05-160 COUNCIL ACTION: ~ .& ANOKA COUNTY COUNTY OF ANOKA 2100 THIRD AVENUE ANOKA, MINNESOTA 55303 17-1 910 CHECK NO. 1016315 DATE 02-AUG-05 AMOUNT ******2,248.49 PAY Two Thousand Two Hundred Forty-Eight Dollars And 49 Cents********* TO THE ORDER OF CITY OF COLUMBIA HEIGHTS POLICE DEPARTMENT 559 MILL STREET NE COLUMBIA HGHTS, MN 55421 United States '/~ . 'q!jfcl r0 kIlL- WELLS FARGO BANK MINNESOTA N.A. ANOKA. MINNESOTA II- .0 . b :3 . 511- I: 0 9 . 0 0 0 0 . 91: 00.000 9 .00 II- ANOKA COUNTY REMITTANCE ADVICE DATE 02-AUG-05 CHECK NO. 1016315 ...................,.........,.......,......,.........................,...................................................,.. " " ..." .,',',' y;....;.....:........,;....'.:. " , ..;.;.;...;.;.;.....;..::.:;::..;..;:;:.::.;..;..::;;.:;:;:;:.;.,;::,::::;:;:.;.:;:.,;:;:.::::::,;:;:;:::;,.;.:;:,:::,:::':;:':::::::";:;;"::':;:;:;:':;'::;:::;';;.:;.;:;:...:;:.;.;::::;.:.... ....:.:... ....:..:;:: l-JUL-20 29-JUL-05 "SAFE & SOBER" GRANT 0.00 2,248.49 / 0 /. 0 o. 3 cf c20 ( u, "4~J, ;:....., ~;:...-- 1 I(-""t r:> ~ I I:.'"~,, \ ' : j "- -'-, i"'" f)":. ~.w ~ ", ~"1oW ~ {).?i: n J LeGS c.(~t tJ\\: . . . ~;~1TS POLiCE.. tJ'-.f M~\ i \i1E~f.1T TOTAL ::::':IIII::I::!=:"It::i:::'p.Imi=: ::II:::::i::::::::~:I::::::::::::'%.f.i.fti~~4~ DUE: January 31st, May 1st, August 6th, and September 30th. Final no later lhan November 14th. Costs before & after July 1 must be split. 9-03 "VUIlIe Agency Name: Columbia Heights Police Dept Invoice Number:--1- Date Submitted: 07/04/05 Address: 559 Mill St Final Invoice? DYes DNa For the time period: Columbia Heights, MN 55421 From: ~_/- To: _/~- , """\'F " F~d~r~rFLJnds Costs Thi~Jr1v()ice " , ... ,". ,.......".";.(...'..:,.,,..\'.';"'. , ',. 'v. .. T()t~l.gp~t~t()"~f'te ", -.,:t,"J :' c., ::' : TypepfQg~t..". ....aU&g~ted'. c, ",' " '.... "'I ;,..",,~,., ,.. " federal Local Total Federal TQt()1 ,.. .0.-'...:-."...., ""n.' , ':c . ',.,'. OT Patrolling $30,000.00 $2,248.49 $2,248.49 $2,248.49 $2,248.49 Administrative .;,: $1,169.41 $1,169.41 $1,169.41 $1,169.41 Equipment .," Operating , $98.28 $98.28 $98.28 $98.28 .' Travel Incentives ,'" ", " Total: $27,751.51 $2,248.49 $1,267.69 $3,516.18 $2,248.49 $1,267.69 $3,516.18 2005 Safe & Sober Budaet & I Signature' of 0 TS Coordinator Approval Date Signature of Project Director Signature of Financial Officer Required Attachments: Patrol Cost Worksheet, Administrative Cost Worksheet This block is for Vendor Number: \SFY: 04 or 05 . State use only Order Number Object Code: 5AOO (county) 5800 (city) Line 1 (157 Yr3): Pay Line 1: $ Line 2 (402): Pay Line 2: $ Line 3 $ Pay Line 3: $ $2,248.49 If costs associated with equipment are on this invoice, a copy of the manufacturer's bill or invoice to you must also be attached. ~ !! ::: ',:c.,' ~; .....,.....,:...::.~ . ,'.- ;. - .:' . .,....; ..'..::.." ...:...:\...... : ::" .":'.:":0::'; :.;.";'; :.;. :: ... .. . , ." . :; "::: ., .: .. - , . . . , . , . . . . . :'. ',-., :: "'A,.N..O. KA.. .: ",' .. '.., '," :: .: .:' :.' :. . . . . . . ..,' " .. . '.<8. '0. UN'" TY...:: ;', ::-: " :.-.:-:: ,.:>C: .:,...'.. ." ',"' .:. ......:: :. , . : " ':. '~..' ...... :,':.'<-:-":',':. ".;:-,: ::,-.. ....,., ',.. ... . :.:->>."<<->>:O:-:<<-:-:Y>>...x*:........:-:-:.:.:.:.:.:~ COUNTY OF ANOKA 2100THIRDAVEl'HJE ....7~.11~2 ANOKA, MINNESOTA; 55303 '...\. . THIS CHECK IS VOID 3 MONTHS FROM DATE OF ISSUE CHECK NO. B 852639 DATE 8/05/2005 "".:,'.; ::.,." . . ,,',', : ....'.:.. .':::;:; '.;.';':-'.:-;' AMoUNT PAY NINE HUNDRED THIRTY DOLLARS AND NO CENTS *******930.00 .: .,>.~\: ;:; ":':::-;/";:<i}<.: :.:: :::r;: ~ )<>::::-,::.: ..;.: /"./?:\?:;: j(\::\~\.: ~Q~iliM~IA~ ErG Htkp6i.1 C EQEPl; . ...... 559 MILL ST NE ....... ......i.. H.i....( ,. .... . , . ....... .'.' ,.' . . "',"', ,".. , HC;OLUM13IAHEIGHT$.MN 55421 ~3882 ... " ' .... .. .. .,.. .'H US.RANKNA. ANQ~ArMlNNESOTA ..,.... . ... 0., . ,-,. -.... . .... .. . . . \.....,l,I,s.,!'Arel'lT:ltOa...%tM:tC:~.3IO'IBO II- 8 5 2 b :1 g II- I: 0 g . 0 0 0 0 2 21: .:18 5 8 :1 2 0 . 8 0 g II- v= 17617 ANOKA COUNTY-CHSS REMITTANCE ADVICE DATE 8/05/2005 CHECK NO. B 852639 7/27/2005 DETOX TRANSPORTATION 7/27/2005 DETOX TRANSPORTATION 7/27/2005 DETOX TRANSPORTATION 4/07/2005- 4/30/2005 270.00 5/07/2005- 5/29/2005 300.00 6/03/2005- 6/24/2005 *** TOTAL 360.00 930.00 ) ~ ~ ,,(( ~ c! "~ ~ CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA SECTION: Resolution$" ~ A r-") NO. J., " ::::> ITEM: Resolution 2005-44 promoting use of intrastate mutual aid agreements. Resolution 2005-45 designating the National Incident Management System (NIMS) as the basis for all incident management in Columbia Heights NO. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: August 12, 200 BACKGROUND The Columbia Heights Police and Fire Departments have benefited from federal homeland security grants in the past. In order to qualify for these grants in the future, the President ofthe United States has directed that each city, county, and state government that applies for a grant must show that they have adopted the National Incident Management System (NIMS) as the basis for all incident management in their jmisdiction. The use of intrastate mutual aid agreements will designate the City Manager or his designee the ability to dispatch equipment and personnel as considered necessary if the danger of fire, hazard, casualty, or another similar occunence exists outside the political subdivision, and by its suddenness it would be impractical for the governing body of Columbia Heights to authorize the dispatch of equipment and personnel to combat the emergency or disaster. ANALYSIS/CONCLUSION The Columbia Heights Police and Fire Department have long worked several years illlder the Minnesota Incident Management System (MIMS) while handling major incidents in om jmisdiction. Both the Fire Chief and the Police Chief have taken and passed the required federal comse for NIMS. In the near futme, we will be training om personnel in the NIMS incident management system so that we will have consistency between om departments and when assisting other agencies dming mutual aid requests. The existence of an intrastate mutual aid agreement will allow persollile1 and equipment to be dispatched in a more expedited, timely and useful fashion when a natural or mamnade disaster strikes anywhere in the State ofMimlesota. It is the recommendation of the City Manager, Fire Chief, and the Police Chief that these two resolutions be passed by the Columbia Heights City Council. RECOMMENDED MOTION: Adopt Resolutions No. 2005-44 and 2005-45, being resolutions promoting intrastate mutual aid agreements and designating NIMS for incident management. MOTION: Move to waive the reading of Resolution No. 2005-44, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-44, being a Resolution promoting the use of intrastate mutual aid agreements. MOTION: Move to waive the reading of Resolution No. 2005-45, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2005-45, being a Resolution designating the National Incident Management System (NIMS) as the basis for all incident management in Colunlbia Heights. TMJ:mld 05-161 COUNCIL ACTION: RESOLUTION NO. 2005-44 RESOLUTION BY THE CITY OF COLUMBIA HEIGHTS PROMOTING THE USE OF INTRASTATE MUTUAL AID AGREEMENTS Whereas, Chapter 12, Section 12.331 allows for intrastate mutual aid, and direct timely assistance between jurisdictions is critical: and Whereas, the possibility of the occurrence of natural and other disasters of major size and destructiveness exists and is increasing; and Whereas, there is a need to ensure that preparations of Columbia Heights will be adequate to deal with disasters; generally protect the public peace, health, and safety; and preserve the lives and property of the people of the state; and Whereas, it is necessary to provide for the rendering of mutual aid among the political subdivisions of the state and to cooperate with the federal government with respect to canying out emergency management functions; and Whereas, it is the policy of Minnesota that all emergency response functions of this state be coordinated to the maximum extent with the comparable functions ofthe state government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparations and uses may be made of the state's labor supply, resources, and facilities for dealing with any disaster that may occur; and Whereas, the director of each local organization for emergency management may, in collaboration with other public and private agencies within this state, develop or cause to be developed mutual aid arrangements for reciprocal emergency management aid and assistance in an emergency or disaster too great to be dealt with unassisted. These arrangements must be consistent with the local emergency operations plan, and in time of emergency, each local organization for emergency management and its members shall render assistance in accordance with the provisions ofthe mutual aid arrangements; and Now, Therefore Be It Resolved, that the City of Columbia Heights promotes the efficiency and effectiveness of intrastate mutual aid by designating the City Manager or his designee, who, exercising discretion and considering the needs of the political subdivision and its inhabitants, to dispatch equipment and personnel as considered necessary if a danger of fire, hazard, casualty, or other similar occurrence exists outside the political subdivision and by its suddenness it would be impractical for the governing body of Columbia Heights itself to authorize the dispatch of equipment and personnel to combat that emergency or disaster. Dated this day of August 2005 Offered by: Seconded by: Roll Call Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City ClerldCouncil Secretmy RESOLUTION NO. 2005-45 DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN COLUMBIA HEIGHTS Whereas, the President of the United States of America issued Homeland Security Presidential Directive 5 to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive National Incident Management System (NIMS); and Whereas, the President, in Homeland Security Presidential Directive 5, tasked the secretary of the U.S. Department of Homeland Security to develop and administer a national incident management system; and Whereas, the secretary of the U.S. Depaliment of Homeland Security developed and administered the National Incident Management System (NIMS) to provide for interoperability and compatibility among federal, state, and local capabilities, the NIMS will include: a core set of concepts, principles, terminology, and technologies covering the incident command system; multi-agency coordination systems; unified command; training; identification and management of resources (including systems for classifying types ofresources); qualifications and certification; and the collection, tracking and reporting of incident information and incident resources; and Whereas, Minnesota Governor Tim Pawlenty issued Executive Order 05-02: designation of the National Incident Management System (NIMS) as the basis for all incident management in the State of Minnesota; and Whereas, the collective input and guidance from all federal, state, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation, and utilization of a comprehensive NIMS; and Whereas, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the ability of Columbia Heights to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and Whereas, the incident command system components of the NIMS are already an integral part of vmious incident management activities throughout Anoka County, including current emergency management training programs; and Whereas, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized incident command system; and Now, Therefore, the Columbia Heights City Council does hereby establish the National Incident Management System (NIMS) as the City of Columbia Heights standard for incident management. Dated this day of August 2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: August 22, 2005 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER /4) <0) APPROVAL NO: 5: Fire ITEM: Approval of Rental Housing License BY: Gary Gorman '4/Z BY",#' ?~ ~ Applications NO: DATE: August 16, 2005 DATE: ~ Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for August 22, 2005. COUNCIL ACTION: Occupany I.D. 30044 34049- 12006 12131 20093 20322 12221 10077 20077 10055 12015 30119 30121 20418 12037 20393- 12219 12173 12223 08/16/2005 Property Owner Name Ashraf LLC Nancy Abbott Charles Brockway Judith Brunsell Meredith Coleman Chad Corbett William Field Jeffery Hage Mike Herr Lowell Johnson Mary Jo McNutt Anwaar Minhas Anwaar Minhas Carly Nelson W. Tarey Peterson Stephen Peterson Cheri Runke Martin Sieger Laura Sommer Property Address 950 39TH AVE 1429 42ND AVE 3879 POLK ST 1401 42 1/2 AVE 4616 Taylor Street 4601 Taylor Street 4433 MAl N ST 320 44TH AVE 4630 WASHINGTON ST 4024 MADISON ST 5055 JACKSON ST 4628 Tyler Street 4634 Tyler Street 1231 CIRCLE TERRACE BLVD 3963 POLK ST 1008 GOULD AVE 4201 6TH ST 123743 1/2 AVE 4935 Tyler Street 08:52 Page 1 CITY COUNCIL LETTER Meeting of: 8/22/05 AGENDA SECTION: CONSENT AGEND NO: 5 v ITEM: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SEH FOR ENGINEERING CONSULTANT FOR HUSET P ARKW A Y ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen \/~ DATE: 8!16/0~ CITY MANAGER By:~~2iI DATE: . / Background: In 2004, the consulting engineering firm of SEH completed the detailed feasibility report, and in 2005 performed preliminary and final design services and prepared the bidding documents for the Huset Parkway project. The City Council awarded the construction contract to Frattalone Companies at their July 25th, 2005 regular meeting. City staff will be performing construction surveying, staking, inspection and administration services for this $2,562,000 project. Analysis IConcIusions: The work includes removal of existing infrastructure; installation of new utilities which include water main replacement by pipe bursting, sanitary sewer repairs, new storm sewer and storm water ponding; street reconstruction which includes landscaped center entrance medians, new concrete curb and gutter, concrete sidewalks, bituminous trails and streetscaping which includes street lighting, plantings and monumentation. This project also involves extensive soil corrections and remediation work. The roadway cross section involves soil corrections to address peat in the roadway section and wet clay soils. The work will also involve soil remediation work to remove identified foundry waste product in the road cross section. The overall project is phased between work this fall and next spring. Construction and engineering costs are funded by Developer assessments, City State-Aid and Utility Funds. Due to the complex nature of this project, City staff recommends retaining the services of the Design Engineer for the construction phase on a limited, as needed basis (by City Staff). The work scope is detailed on the attached letter from SEH dated August 121\ 2005 and will include the following areas: o Geotechnical o Landscape Architect o Street Lighting o Design Engineer The proposal and cost is consistent with the information provide at the Public Hearing on June 13th and at the Construction Contract Award on July 25th, where the need for additional Engineering Services was discussed. City staff recommends acceptance of the proposal from SEH in an amount not to exceed $25,000. Recommended Motion: Move to approve the Professional Services Agreement with SEH for engineering consultant services for the construction phase ofHuset Parkway in an amount not-to-exceed $25,000. KH:jb COUNCIL ACTION: SEH August 12, 2005 RE: Columbia Heights Columbia Heights Parkway Construction Services SEH No. P COLHT0403.02 Kevin R. Hansyn, PE Director of Public Works/City Engineer City of Columbia Heights 637 38th Avenue North Columbia Heights, MN 55421 Dear Mr. Hansen: Thank you for the opportunity to continue to provide professional services to the City of Columbia Heights for this very important project. This proposal presents additional SEH services for the construction phase of the project. We propose to assist you and your staff in implementation of the parkway project by providing specialty expertise such as landscaping, lighting and geotechnical services. We also propose to provide on-call assistance with miscellaneous design elements as may be necessary. Attached to this letter is a man-hour task breakdown with estimated hours for construction meetings, shop drawing review, field meetings and miscellaneous design/construction support. Communications and routing of shop drawings will be forwarded through you and your staff only so that proper chain of command issues with the Contractor do not arise. The SEH team involved in the design will also be assigned to the construction phase. Ken Tallion, our lighting designer and Jim Brummel, lighting technician will provide on-site observation, plan and specification interpretation and shop drawing review. Chris Behringer, Senior Landscape Architect, and Veronica Anderson, Project Architect will provide on-site observation, plan and specification interpretation and shop drawing review. Al Murra, the design project engineer will take on the role of teaming with the City staff for the on-call assistance. Wayne Wambold, geotechnical engineer, will be available for questions and assistance with installation of the lightweight aggregate if needed. I will continue to manage the project, providing assistance as needed and general coordination and administrative tasks for SEH. We have estimated our time based on the current schedule of the construction contract, assuming approximately 7 months of construction and an estimate based on experience with other projects of this type. Actual time will be greatly dependent on the amount and type of issues that you may need assistance. with and the contractor or his subcontractor. We have included time for the project engineer to attend weekly construction meetings for the first 2 months and then included miscellaneous time to cover the other months. We have anticipated that the project landscape architect would be attending a month of weekly meetings in the fall and then again in the spring to coincide with installation of landscape features and planting materials. Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com I 651.490.2000 I 800.325.2055 I 651.490.2150 fax Kevin R. Hansen, PE August 12,2005 Page 2 The cost of construction as outlined in this proposal is estimated to cost $24,800. Please feel free to contact me to discuss this in greater detail. SEH appreciates the opportunity to continue to serve the City of Columbia Heights Sincerely, SHORT ELLIOTT HENDRICKSON INC. us M Mason, PE ~ ect Manager Attachment c: Chris Behringer, Veronica Anderson, AI Murra, Wayne Wambold, Ken Tallion/SEH x:\ae\colht\04030 l\word\columbiahtsconstructionservices.doc Construction Services Husel Parkway. City of Columbia Heights Deliverables: Construction Observation, Specialty Engineering Services, Shop Drawing review, On~Ca]1 assisstance. Pre~Con meeting, miscellaneous Projecl Prllj~d Senillr I'rujcct Gellta:h Lighling Lighting Admin Task Manager EnginlM:r LA LA Engln~r Designer Ttth Tech A. Observation - General Preeon Meeting 4 Project Coordination meetings (2 months) 32 Project Miscellaneous 4 40 4 B. Observation - Landscaping Project Coordination Meetings (2 months) 32 Sign Shop Drawings 4 8 4 2 Plant Material Inspection 8 Plant Installation meeting 4 Miscellaneous questions 4 4 4 12 C. Observation. Lighting Field Review 4 20 Shop Drawings 4 8 2 Miscellaneous Questions 4 4 4 D. Observation - Geotechnical LWA 4 Miscellaneous support 4 4 2 ,',,'.' ,'. Tolal hours 234 16 100 12 60 0 16 20 10 Profect Labor $24,366 Expenses Mileage and Expenses $400 Reproductions $34 Total croiect cost this chase ~ Unloue comoonents or assumotions' ObservaUon services as requested. Construction services are largely dependant on weather and Contractor's schedule. On Site Inspection, Contract Administration Bnd Materials tesUng by City of Columbia Heights CITY COUNCIL LETTER Meeting of: 8/22/05 AGENDA SECTION: CONSENT AGENDA NO: ~. /4 ? ITEM: AUTHORIZA nON FOR PROFESSIONAL SERVICES AGREEMENT WITH PRO SOURCE FOR HUSET P ARKW A Y ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen \ti.tl. DATE: 8/16/0~ CITY MANAGER By:q'4 DATE: Background: In 2004, a detailed feasibility report was completed for the parkway and infrastructure needs through the industrial area ofthe City, consistent with the Industrial Area Redevelopment Plan accepted by the Council in 2003. The engineering report provided recommendations for the development ofa new road, infrastructure and streetscaping from 37th Avenue through the Industrial Area along 39th Avenue to Jefferson Street, and north to 40th Avenue, with design completed in 2005. The City Council awarded the construction contract to Frattalone Companies at their July 25th, 2005 regular meeting. City staffwill be performing construction surveying, staking, inspection and administrative services for this $2,562,000 project. Analysis /Conclusions: The work includes removal of existing infrastructure; installation of new utilities which include water main replacement by pipe bursting, sanitary sewer repairs, new storm sewer and storm water ponding; street reconstruction which includes landscaped center entrance medians, new concrete curb and gutter, concrete sidewalks, bituminous trails and streetscaping which includes street lighting, plantings and monumentation. The overall project is phased between work this fall and next spring, Construction and engineering costs are funded by Developer assessments, City State-Aid and Utility Funds. This project also involves extensive soil corrections and soil remediation work. The soil remediation work is required to remove identified foundry waste product in the road cross section. The Environmental Consulting Firm of Pro Source has been providing technical services to the City for the investigation, cleanup plan, and remediation of the Industrial Area for site cleanup meeting MPCA requirements. During this process, ProSource has developed a detailed knowledge ofthe areas adjacent to and in some cases in the Right-of-Way of the Huset Parkway project. Due to the complex nature of this project, City staff recommends retaining the services of the Environmental Engineer for the construction phase during road and pipe excavation. The work scope is detailed on the attached letter from Pro Source dated August 4th, 2005 and focuses on environmental oversight and required documentation to the MPCA for contaminated soils and/or unknown materials that may be found during construction. The proposal and cost is consistent with the information provide at the Public Hearing on June 13th and at the Construction Contract Award on July 25th, where the need for additional Engineering Services was discussed. City staff recommends acceptance of the proposal from ProSource in an amount not to exceed $37,500. Recommended Motion: Move to approve a Professional Services Agreement with Pro Source for environmental engineering services for Huset Parkway in an amount not-to-exceed $37,500. KH:jb COUNCIL ACTION: 9219 East River Road NW Minneapolis, Minnesota 55433 763-786-1445 Fax 763-786-1030 www.prosourcetech.com p..oSou..ce TECrt!llMOLOiiVIES.INC. August 4, 2005 Mr. Kevin Hansen Director of Public Works/City Engineer City of Columbia Heights 637 38th Avenue Northeast Columbia Heights, Minnesota 55421 Re: Scope of Work and Cost Estimate Environmental Oversight Huset Parkway Utility and Roadway Improvements City Project 0404 Dear Kevin: As per your request, I'm sending you our 2005 labor and equipment rates to provide environmental oversight during construction activities for the above referenced project. I understand that you're looking for ProSource to be on-site during earthwork activities in which the potential to encounter contaminated soils and/or unknown materials which may be present. In addition to oversight, ProSource will also provide labor, equipment and/or expenses necessary to conduct any sampling, reporting, project management and/or liaison with the City of Columbia Heights (City), Short Elliott Hendrickson (SEH) and/or the Minnesota Pollution Control Agency (MPCA). Based on the recent environmental cleanup we've conducted for Phase I of the Columbia Heights Industrial Park, the locations of contamination (primarily foundry waste) in the vicinity of the Parkway and pond areas are already known. It is our understanding that the Contractor (Frattalone Companies) already has set pricing as part of their contract with the City to excavate, haul and dispose of these materials at an approved landfill. However, should we find any type of contamination or unknown material we will stop work and contact the City and/or the MPCA to ensure the proper course of action is taken. We would then evaluate the most efficient/inexpensive altemative(s) to properly dispose of these materials. In the event this is necessary, it should be pretty easy to facilitate, as ProSource has been working with Frattalone and the MPCA to address similar situations encountered in the Industrial Park. As there is no specific scope of work, we are proposing to conduct this work on a time and materials basis. In reference to our labor rates, I bill out as an ES-6 at $92/hour. Staff conducing the oversight (most of the labor), will bill out as an ES-2 or ES-3 (ranging between $62-$68/hour). Any administrative support that might be necessary would bill out as an AD-3 at $47/hour. Equipment needs should be pretty minimal, generally limited to vehicles/mileage, photoionization detector or PID (for contamination other than foundry waste), soil sampling supplies, cell phones and/or a camera. As necessary, soil samples will be collected for chemical analysis. Analyses for this project have generally included diesel range organics (DRO) at $40 each, gasoline range organics (GRO) at $35 each, Resource Conservation and Recovery Act (RCRA) metals plus boron, iron and molybdenum at $116 each and volatile organic compounds (VOCs) at $90 each. Scope of Work and Cost Estimate Envirorunental Oversight - Huset Parkway Page 2 Though we had agreed that time and materials was the best approach for this project, you had requested that I try and provide you with an estimated range of costs to conduct this work, assuming it would take 10-40 hour weeks to complete constmction/oversight. My estimate for labor and equipment alone would range from $31,980 to $38,060. It's difficult to project the number of analytical samples (and analyses) until we actually complete the work. However, based on our work adjacent to the Parkway and pond areas and the sampling already conducted, I'm thinking the sampling frequency should be pretty minimal unless we find some real surprises. It's also worth noting that the analytical costs shown on the previous page are for standard turnaround time, which is typically 10 business days. Surcharges by the laboratory apply when faster turnaround times are requested (up to 2.5 times for 24 hours). Unless you have any specific requirements regarding documentation, I see most of the reporting being handled in conjunction with the environmental cleanup for Phase I of the Industrial Park. We appreciate the opportunity to submit this scope of work and cost estimate. To authorize the work as described above, please sign and return one copy of this letter. If you have any questions or comments, please feel free to call me at (763) 786-1445. Thank you for your time and consideration. Sincerely, ProSource Technologies, Inc. James B. Crowl III, P.O. Project Hydrogeologist Kevin Hansen City of Columbia Heights Attachments: Standard Terms and Conditions ProSource Technologies, Inc. August 4, 2005 CITY COUNCIL LETTER Meeting of: 8/22/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: t7.A-) 9) PUBLIC WORKS f ./~ - ITEM: ADDITIONAL SEGMENT FOR THE 2005 BY: K. H'n"n ~ BY: d::'4AvP'7 WATER MAIN CLEANING AND LINING PROGRAM, DATE: 8/16/05 . DATE: v CITY PROJECT 0504 Background: In January of this year, the City Council authorized the cleaning and lining of two segments of water main under the City of Minneapolis annual water main cleaning and lining program. The area segment lengths are 1,260 feet for the alley from 37th to 39th Avenues and between Polk and Tyler, and 1,300 feet for 49th to 51 st Avenues, on Jefferson Street Based upon the initial estimate obtained from the City of Minneapolis, costs would were $56,700 and $58,500, or a total of$115,200. Based upon actual bid costs obtained in later in 2005, the actual costs will be $73,425 under the Minneapolis Program. Analysis IConclusions: During the January City Council meeting, a resident on Jefferson just south of 49th indicated they are experiencing the same problems. In the staff report, it was noted that 'this is likely a system problem and not only isolated to the two segments identified herein.' Based upon our 'c' Factor (flow) testing in the Jefferson Street area, the segment from 48th to 49th would have been a future candidate for cleaning and lining. Another consideration is that adding this segment in 2005 would reduce the number of street cuts if this segment would be done in 2006. Staff received a price of$16,300 to add the 48th to 49th segment to our work in 2005 from Minneapolis. Staff recommends the addition of the Jefferson Street segment from 48th to 49th Avenues to the 2005 water main cleaning and lining program. Recommended Motion: Move to authorize the addition of Jefferson Street segment from 48th to 49th Avenues to the 2005 water main cleaning and lining program, under the Minneapolis Program at an additional cost of$16,300, with funding from the Water Construction Fund, 651-50504-5130. KH:jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA SECTION: Consent NO. ~ A) 10 ORIGINATING DEPARTMENT POLICE ITEM: Authorize School Liaison Officer NO. Contract with School District #13 for 2005-2006 BY: Thomas M. Jolmson DATE: August 15,2005 BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into ajoint powers agreement to fund a school liaison services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Depmiment and is an important pmi of our juvenile program. The School District shares expenses equally with the Police Department dming the school year. Total cost for the school year 2005-2006 is $83,661.41, with the school district's share at $31,373.03. ANALYSIS/CONCLUSION Officer Mike McGee has held this position since the inception ofthe program. Officer McGee has established excellent rappOli with the students and staff at the Middle School and the High School. In addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to students and is a valuable resource to the school and the cOlmnmlity. His continued interaction is an important link between law enforcement and the educational system. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a joint powers agreement with School District # 13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 1,2005, through June 8, 2006. mId 05-162 COUNCIL ACTION: SCHOOL LIAISON OFFICER PROGRAM COLUMBIA HEIGHTS POLICE DEPARTMENT AND INDEPENDENT SCHOOL DISTRICT #13 Prepared and Submitted by: Randell Bartlett May 19, 1992 TABLE OF CONTENTS Subiect Section Mission, Goals and Primary Responsibilities of the School Liaison Officer ......... .... ........... ........ ........ ................................... ................. ...1 Objectives of the School Liaison Officer Position...............................................................2 Position Description - School Liaison Officer Position: Accountability and Education Requirements.............................................................3 Position Description - School Liaison Officer Position: Qualifications............................................................................................................ .4 Major Areas of Accountability for the School Liaison Officer Position.................................................................................5 Guidelines for School Liaison Officer Position...................................................................6 Joint Powers Agreelnent ....... ................ ...... ..... ................... ......... ............... ....... ...... ............ 7 Program Cost Factor Breakdown..... ........................... .... ........... ............................... ....... ....8 Section 1 MISSION. GOALS AND PRIMARY RESPONSIBILITIES OF THE SCHOOL LIAISON OFFICER: Mission Statement: The School Liaison Officer is placed in the school environment to identify, cOlTect, and prevent delinquent behaviors and activities, and to create a positive relationship between youth, police, and other authority figures. Goals: To work with and through school administrators, counselors, teachers, and students to develop a better understanding and a more positive attitude among students as to the role of a police officer. To work in liaison with school officials to provide, as much as possible, a safe and crime-free environment for students and staff. , To act as a law enforcement consultant and educator to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop. Primary Responsibilities: The School Liaison Officer shall function as a law enforcement officer within the school environment and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors, school administrators and parents. The School Liaison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all functions of investigations relating to juveniles and children, in both criminal and noncriminal matters to effectively solve criminal cases and build a basis for successful prosecution when walTanted and/or malce all appropriate dispositions of noncriminal matters. The School Liaison Officer also develops and presents investigative repOlis to the County Attorney and/or City Prosecuting Attorney for complaints and coordinates with other juvenile refenal agencies to appropriately handle juvenile criminal and noncriminal acts that have come to the attention of the Department. Section 2 THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE: Objective #1: To provide a fonnal process or rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile gang activity and provide intelligence. c. Reduce the use ofunifonn officer intervention at school sites forresponse to school related service demands. d. Maintain community contact for: parents, students, neighborhoods, community organizations (PT A and other service providers) e. Handle incidents such as minor assaults, thefts, and threats as they occur in the officer's assigned schools. Indicator #1: Lack of fonnal or infOlmal complaints or concems, either Wlitten or verbal. Receipt ofletters, phone calls or personal verbal contacts regarding individual or program successes. Objective #2: To provide the following services to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop: a. To coordinate and directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropli- ately to non-school related intelligence regarding gang activity. c. To reduce the number of calls responded to by unifonn officers at school sites. School Liaison Program Page 2 Statement of Objectives Indicator #2: Maintain adequate knowledge through review of dailyrepOlis, keeping abreast of the above Clment problems and disseminating infonnation to Investigations and Patrol. Objective #3: Complete all investigations assigned or generated 111 the field to their proper conclusion. Indicator #3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. Objective #4: Improvement and continual update of Liaison Program. Indicator #4: Yearly evaluations to be prepared by School Officials, Police Department and Liaison Officer for annual review and evaluation. During the first year ofthe program, evaluations will be performed monthly and in wliting, being prepared by appointed school and police depmiment personnel. Section 3 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: ACCOUNTABILITY AND EDUCATION REQUIREMENTS The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assigmnent may submit their requests in writing to the Investigative Unit Supervisor. Officers serving in the assignment may be removed at the discretion of the Chief of Chief. The appointed School Liaison Officer may vacate this position with thiliy days written notice to the Chief of Police. While serving in this assignment, officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accountable to: The School Liaison Officer reports to and is directly accountable to the Police Depaliment Investigative Supervisor and/or the Chief of Police. Education and Traininll Requirements: POST licensed, supplemented by course work in investigative techniques, interview and interrogation teclmiques and crime scene processing techniques, at least three yeal"S of experience as a police officer. Section 4 POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: QUALIFICATIONS 1. Considerable knowledge of the principles of modem investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. 3. Thorough knowledge of federal, state and local laws and ordinances that are enforced by the department. 4. The ability to communicate effectively both orally and in writing. 5. The ability to analyze complex criminal transactions and trends and to use infonnation obtained to successfully charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at anyone time. 8. The ability to manage time effectively. 9. The ability to speak effectively in public. 10. The ability to work effectively with juveniles. 11. To ability to gain cooperation, support, and assistance ofthe area church organizations, County Welfare, County Court Services, Juvenile Court, County and City law enforcement, and other agencies in the community. 12. To meet as needed with members of the personnel team and police department representatives to discuss individual student and student body problems that affect school or police department objectives. 13. The ability to provide educational materials and lectures for the students, the school staiI and the community onjuvenile problems and problem areas, available assistance services for the students and their parents, and other topics deemed important. School Liaison Program Page 2 Qualifications 14. The ability to assist in the classroom in the teaching of physical, mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities that lead or could lead to delinquent behavior and/or activities. 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 18. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair and recognizes he is working in a juvenile environment. The Juvenile Officer must assure the students and the staffthat he/she is not in the school to create a police state, he/she is there to assist the administrative staff and students. 19. The ability to promote infonual contacts between the students and the police, to increase communication and understanding between the two. 20. The ability to meet all other requirements and performance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juvenile court procedures. The officer will be in a position with the school to develop a better understanding and have additional pertinent infonuation for juvenile court determina- tions. 29. The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. Section 5 MAJOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION: 1. To attend school staff meetings as a resource person in developing and adopting procedures that will contribute to the prevention of juvenile delinquency. 2. To communicate and cooperate with county welfare officers, probation persollilel, and other members of the professional community when appropriate. 3. To assist school staff members in understanding the Anoka County Juvenile Court System, law enforcement ramifications, and the technique of court referrals when necessary. 4. To be a part of the total team effort to provide role models and prevent undesirable behavior pattems from developing. Endeavor to build and maintain rapport between youth, school, and police by day-to-day contact as a resource person. 5. To become involved in school and outside youth activities in order to understand special problems of youth and how they may be positively addressed. Pmiicipate in community affairs as requested or assigned, and be available for lectures to school and community groups. 6. To facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education, etc. 7. To assist mld advise in security matters regarding school buildings and properties that are nonnally supervised by school staff members upon request of appropliate school official( s). 8. To maintain individual police skills, including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances, 9. To prepare and submit necessary case files regm'ding cases assigned or investigated. 10. To work under the direction ofthe investigative supervisor and will accept input fi.-om appropriate school administrative personnel. School Liaison Program Page 2 Major Areas of Accountability 11. Investigates reported crimes, both in and out of the school environment, for the purpose of collecting evidence and identifying, locating, questioning witnesses and suspects, and making legal arrests as justified by the facts developed. 12. Obtains and processes physical evidence. Handles or alTanges for the processing of a crime scene including measurements, fingerprints, photos and drawings, etc. 13. Ensures proper development of cases for prosecution, builds an accurate and complete case file through repOlis of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. 14. Ensures proper disposition of cases for prosecution, builds an accurate and complete case file through repOlis of actions and findings. Coordinates the disposition of all juvenile matters to provide for a unified approach. 15. Ensures proper disposition of all assigned cases, meets with the Chief of Police regularly to review the status of all cases and detennines whether to pursue, delay or close the matter. 16. Confers with parents, other members ofthe Criminal Justice System, and those Plivate and public agencies within the cOlmnunity which are involved in the case, counseling or treatment of juveniles, children or family units, in the disposition of matters involving juveniles and/or children. 17. Preparation and presentation of appropriate material to students of elementary, junior and senior high schools. 18. Keeps the Investigative Supervisor advised of all CUlTent investigations and perfonns all other duties as apparent or assigned. Section 6 GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION: 1. Work week will be based on a forty-hour week. 2. Work hours will be proximate to the school day. 3. Will be assigned a depaliment vehicle and is authorized to take it to their home, so long as they live within the City of Columbia Heights. Non-police dliving is not authorized. 4. Time commitment is appropriately divided in each ofthe following categories: a. In-school activity at senior high and middle school b. Case investigation, training, alld meetings as scheduled c. D.A.R.E. d. ElementalY schools 5. Primary supervisor is the Investigative Supervisor. Secondary supervisor is the Chief of Police. 6. Must report to a supervisor daily, but is authorized to repOli immediately to the school each day if approved. 7. Must be prepared to perfonn all police functions, as the officer is subject to ilmnediate call-out for other activities, but must be discreet in the visibility of police equipment. 8. Will be assigned a pager, and the pager must be operational during all hours when on duty. 9. Break time will be as defined in the union agreement. 10. Will be assigned desk space at the Police Department alld will be provided appropriate office space alld supplies by the schools. 11. Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. 12. The officer is at all times under police supervision, but is expected to work closely with school administrators and staff. The objective is to solve problems, assist school staff, and to assist students. 13. Will keep a log and prepare appropriate reports to the Chief of Police. 14. Shall attend the weekly Investigator meetings. Section 7 JOINT POWERS AGREEMENT TIlls Joint Powers Agreement dated this 22nd day of August 2005 is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). 1. PURPOSE. The purpose of tIlls agreement is to create, fund, and implement the position of Police School Liaison Officer. 2. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. 3. SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District # 13 personnel and appointed Police Department persOlmel. Oral interviews are to be admilllstered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. 4. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.LC.A. E. Workers Compensation F. P .E.R.A. G. Hospitalization H. Training L Vehicle-related Costs The cost breakdown for 2005-2006 school year is attached. 5. BILLING. The City shall submit a bill to the School District, which will be paid within thirty days of receipt. Page 2 Joint Powers Agreement 6. TERM. This agreement shall commence on September L 2005, and shall end on June 8, 2006. 7. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for anypurposc, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of persOlmel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the School DistIict's high school without cost to the City. 8 . INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold hannless, and defend the School DistIict, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, perfonnance, or failure to adequately perfOlm the City's obligations pursuant to this agreement. 9 . INDEMNIFICATION BY SCHOOL DISTRICT. The School DistIict shall indemnify, hold hannless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission ofthe School Distlict, its agents or employees, in the execution, perfOlmance or failure to adequatelyperfonn the School District's obligations pursuant to this agreement. 10. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification oftennination ofthe program. 11. TEMPORARY REASSIGNMENT. Temporary reassignment ofthe Liaison Officer is at the discretion ofthe Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thiliy days. Page 3 Joint Powers Agreement 12. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE P ARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE. CITY OF COLUMBIA HEIGHTS SCHOOL DISTRICT #13 Gary L. Peterson Mayor Dr. Nancy Kaldor Superintendent of Schools Thomas M. Johnson Chief of Police Keith Roberts School Board Chair. COST FACTOR BREAKDOWN Section 8 SCHOOL LIAISON OFFICER PROGRAM 2005-2006 School Year Base Wage: Patrol Top Wage Police/School Liaison Officer premium Longevity (16 years) Holiday pay Deferred compo Overtime allocation TOTAL BASE WAGE Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (3.82%) P.E.R.A. (10.5% gross wage) Hospitalization ($555.00/month) TOTAL FRINGE BENEFIT COSTS Miscellaneous Costs: Training Allowance Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS TOTAL YEARLY COSTS To compute monthly total: $83,661.41 divided by 12 months = $6,971.78 To compute school year total: $6971.78 x 9 months (school yr.)= $62,746.05 To compute School District #13 cost: 1/2 of9/12 funding fonnula = $31,373.03 TOTAL COST TO SCHOOL DISTRICT #13 mId $4,664.46/month 125.00/month 234. 99/month $55,973.52/year 1,125.00/9 mos. 2,819.00/year 2,583.36/year 300.00/year 2,421.90/year $65,222.78/year 945.73/year 2,491.511year 6,848.39/year 6,660.00/year $16,945.63/year 793.00/year 700.00year $ 1,493.00/year $ 83,661.41 $31,373.03 CITY COUNCIL LETTER Meeting of: August 22, 2005 AGENDA SECTION: CONSENT NO: s;-:.: ) II ORIGINATING DEPT.: License Department CITY MANAGER APPROVAL BY: ~4 ; ITEM: 2006 Business License Fees . \ BY: Shelley Hanso?"'-A 'f\. ~..L."./ NO: DATE: August 22, 2005 BACKGROUND Attached are the proposed business license fees for the 2006 license year and a resolution for the same. License fees were last adjusted in 2000, except for three categories (Contractors, Cigarettes, and Motor Vehicle Sales), which were increased last year. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. The fees are in line with surrounding cOlmnunities. Staff has reviewed the fees for 2006 and recommends they remain the same as the fees charged for 2005. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2005-42, as there are anlple copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution #2005-42, being a Resolution adopting the 2006 Business License Fee Schedule as presented. COUNCIL ACTION: RESOLUTION NO. #2005-42 ADOPTING 2006 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2006. Passed this _ day of 2005. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary 2006 BUSINESS LICENSE FEES Effective January 1 , 2006 through December 31 , 2006. CATEGORY FEES ARTICLE SECTION Arcades/ Amusement Centers ($5,000 Bond/$100 Inv.Fee) (PD) $500 IV 11 Auto Recycling Dealer/Junk Yard $500 II 2 ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) V 1 On Sale ($150 Inv. Fee 1st time appl.) $400 Off Sale ($150 Inv. Fee 1st time appl.) $150 Temporary Beer (per day basis) $100 ($500 Appl. Fee; $150 Investigation Fee) Carnivals ($500 deposit & insurance) (PD) $50/day IV 8 Christmas Tree Sales (FI) (P&Z COlnm) $50 II 6 ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $300 III 2 Contractors (Bond and Insurance) $60 IV 7 General (if not licensed by State) $60 Blacktop $60 Excavator $60 Masonry/Concrete $60 Moving $60 Demolition $60 Plaster/Stucco $60 Heating/Cooling $60 Gas Piping $60 Plumbing $60 Sign Installation $60 Courtesy Benches (Insurance)(Eng. Dept.) $25/each III 3 Games Of Skill (PD) $15/Location IV 4 Plus $15/machine Kennels, Commercial (PD) $50 VI 9 Plus, per cage $10 Page 2 CATEGORY FEES ARTICLE SECTION Intoxicating Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) $8,000 Class B (Inv. Fee $500-$2000) $6,500 V 3 Class C (Inv. Fee $500-$2000) $6,500 V 3 Class D (Inv. Fee $500-$2000) $8,000 V ,., -' Class E (Inv. Fee $500-$2000) $5,500 V 3 On Sale Wine (Inv. Fee $500-$2000) $2,000 V 4 Sunday On-Sale Liquor $200 V 6 Temporary On Sale (Inv. Fee $500-$2000) $100/day V 10 "Club On Sale Liquor (Inv. Fee$500-$2000) Per membership V 2 up to 200 members $ 300 201 to 500 members $ 500 501 to 1,000 members $ 650 1,001 to 2,000 members $ 800 2,001 to 4,000 members $1,000 4,001 to 6,000 members $2,000 Over 6,000 members $3,000 Massage Therapist Business (PD,ZA) $500 VI 12 ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) $100 VI 12 ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) II 9 First Metering Device $50 Each Add'l. Metering Device $10 L.P. Gas Per Metering Device $50 Motor Vehicle Rental/Leasing (ZA) VI 4 A. New Application $75 B. Renewal Application $50 Motor Vehicle Sales (New & Used) (PD) $300 II 7 Pawnbroker ($5,000 Bond/$100 Inv.Fee) (PD) $12,000 II 4 Pet Shop (PD)(Humane Officer) $50 VI 9 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2 Page 3 CATEGORY FEES ARTICLE SECTION Popcorn, Candy, Food Catering Vehicles (PD) (Insurance - Public & Vehicle Liability) $50 VI 8 Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal II 4 $300 $200 Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos($ 5,000 Bond) First Day $50 Each Additional Day $10 II 4 II 4 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) VI 13 Peddlers/Solicitors & Transient Merchant (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II 3 $50/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $60 VI 10 LATE PENALTY ON ALL ANNUALL Y RENEWABLE FEES 1 -15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL FEE 50% PENALTY OVER ORIGINAL FEE LEGAL PROCEDURES BEGUN. DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD BI S&H - ZA Police Department Building Inspector Safety and Health Inspector Zoning Administrator FI PWD - CF AC Fire Department Public Works Dept City Forester Anoka County All New Licenses Must Have Zoning Administrator's Approval. CITY COUNCIL LETTER Meeting of: August 22, 2005 AGENDA SECTION: NO: CONSENT 5. A, I~ ORIGINATING DEPT.: License Department CITY MANAGER APPROVAL DATE: BY: l/;lYff ITEM: License Agenda BY: Shelley Hanson NO: DATE: Aug. 19,2005 BACKGROUND/ANALYSIS Attached is the business license agenda for the August 22, 2005 City Council"meeting. This agenda consists of applications for Contractor licenses for 2005. 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. Ifnot submitted,. certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for August 22, 2005 as presented. COUNCIL ACTION: TO CITY COUNCIL August 22, 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *S1. Paul Utilities *Glenn Rehbein Excavating Elijah's Treecare *Simplex Grinnell *Care AC & Htg. *Capital Homes Inc 190 Ryan Lane, Little Canada 8651 Naples St NE, Blaine 3025 Walnut Grove Ln, Plymouth 5400 Nathan Ln #100, Plymouth PO Box 120383, New Brighton 948 Co. Rd I, Shoreview $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 ~ 5:/4)/3) CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: /~1AJ~'Ll1t'2-2/ 7-005 STATE OF MINNESOTA COUNTYOFANOKA 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 ( ?fl ) t in the amount of $ I, ?;S7, 2S3, g-:3 . through l { L{ 07 f? These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM 08/18/2005 16:08:38 Check History CITY OF COLUMBIA HEIGHTS GL050S-V06.70 COVERPAGE GL540R ******************************************************************************* * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * * * * * C 0 U N C I L * * * * ******************************************************************************* Report Selection: Optional Report Title. ......08/22/2005 COUNCIL LISTING INCLUSIONS: Fund & Account.............. thru Check Date. ................. Source Codes................ Journal Entry Dates......... Journal Entry Ids........... Check Number. . . . . . . . . . . . . . . . proj ect . . . . . . . . . . . . . . . . . . . . . Vendor. . . . . . . . . . . . . . . . . . . . . . Invoice. . . . . . . . . . . . . . . . . . . . . Purchase Order......... ..... Bank....................... . Voucher .................... Released Date............... Cleared Date................ thru thru thru thru 113918 thru 114078 thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI J COUNCIL 02 P4 Y S 6 Lines CPI CP SP 066 10 Y Y ACS FINANCIAL SYSTEM 08/18/2005 16 BANK VENDOR Check History 08/22/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 1 BANK CHECKING ACCOUNT ACE ICE COMPANY AMERICAN BOTTLING COMPAN BELLBOY CORPORATION BRAY/LIZ CHHS 1975 CHISAGO LAKES DISTRIBUTI COCA-COLA BOTTLING MIDWE D'VINE WINE DISTRIBUTORS DEEP ROCK WATER COMPANY DIEDRICH/CARL DORR/RODNEY EAST SIDE BEVERAGE CO ESCHELON EXTREME BEVERAGE FARNER-BOCKEN FIELD/MATTHEW FRATTALONE COMPANIES INC FULLER/MARC G & K SERVICES GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. JOHNSON/THOMAS M KALLESTAD/GARY LARKIN/JOHN LUND/TIM MARGOTTO/BERTHA MINNESOTA WINEGROWERS CO NEEDHAM DISTRIBUTING CO ONVOY PETTY CASH - JOANNE BAKE PURTLE/DAVID RODDY/WILLIAM STATE BANK & TRUST VEIT COMPANY WINE MERCHANTS WOODARD/TRACY WOODFILL/ERNIE XCEL ENERGY (N S P) ACE ICE COMPANY AMERICAN BOTTLING COMPAN APPLE VALLEY/CITY OF BELLBOY BAR SUPPLY BELLBOY CORPORATION CHISAGO LAKES DISTRIBUTI CITY WIDE WINDOW SERVICE CLARK/SHARAN 113918 113919 113920 113921 113922 113923 113924 113925 113926 113927 113928 113929 113930 113931 113932 113933 113934 113935 113936 113937 113938 113939 113940 113941 113942 113943 113944 113945 113946 113947 113948 113949 113950 113951 113952 113953 113954 113955 113956 113957 113958 113959 113960 113961 113962 113963 113964 AMOUNT 1,828.64 777.13 7,396.00 67.80 213.68 9,421.47 1,035.65 540.70 263.72 800.00 16.00 80,105.25 153.84 320.00 16,213.34 15.00 528,703.45 217.83 58.58 68,966.46 15,622.30 25,135.14 31. 56 54.95 47.90 129.95 10.00 155.20 708.25 59.99 91. 68 1,200.00 47.97 163.51 99,169.67 400.85 12.00 10.00 49.91 617.64 85.26 418.00 3,300.33 14,663.10 5,855.91 40.47 40.00 ACS FINANCIAL SYSTEM 08/18/2005 16 BANK VENDOR Check History 08/22/2005 COUNCIL LISTING CHECK NUMBER CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 2 BANK CHECKING ACCOUNT COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I DEX MEDIA EAST LLC EAST SIDE BEVERAGE CO EXTREME BEVERAGE FIRST STUDENT INC G & K SERVICES GENUINE PARTS/NAPA AUTO GORMAN/GARY GRIFFIN/NOMA GRIGGS-COOPER & CO HEMRAJ/VISHNU HOHENSTEINS INC HORTON/TERESA JOHNSON BROS. LIQUOR CO. KIWI KAI IMPORTS KUEHN/JEAN KUETHER DIST. CO. MARK VII DIST. METRO CALL - ATT MESSAGIN MINNESOTA COACHES MINNESOTA DEPT OF REVENU OFFICE DEPOT PETTY CASH - AMY JOHNSON PETTY CASH - KAREN MOELL PETTY CASH - LIZ BRAY PETTY CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS PLUNKETT'S, INC QUALITY WINE & SPIRITS RESOURCE DOCUMENTS & ADV SAMAROO/ROBERT SENSIBLE LAND USE COALIT SPECIALTY WINES & BEVERA VERIZON - ATTN: PREPAY D VERTICAL ENDEAVORS, INC. 10,000 LAKES CHAPTER EDU ACCENT PROMOTIONS INC ACE HARDWARE ACTION RADIO & COMMUNICA AER TECH, INC AMERICAN ANIMAL CONTROL AMERIPRIDE ANCOM COMMUNICATIONS INC ASPEN MILLS, INC. ATLAS AUTO BODY, INC BARNA GUZY & STEFFEN LTD 113965 113966 113967 113968 113969 113970 113971 113972 113973 113974 113975 113976 113977 113978 113979 113980 113981 113982 113983 113984 113985 113986 113987 113988 113989 113990 113991 113992 113993 113994 113995 113996 113997 113998 113999 114000 114001 114002 114003 114004 114005 114006 114007 114008 114009 114010 114011 AMOUNT 494.80 8,689.88 48.70 35,825.42 320.00 936.64 10.12 2.75 54.74 17.84 21,836.39 9.39 4,543.30 188.54 9,052.25 3,578.70 24.38 58,206.30 22,190.95 27.16 957.30 6,351.61 25.13 270.36 100.87 100.00 143.62 20,322.93 89.67 43,019.36 266.25 500.00 30.00 399.98 37.50 125.89 60.00 73.16 70.89 383.40 3,940.50 675.00 130.36 11,135.20 508.89 197.20 13,592.00 ACS FINANCIAL SYSTEM 08/18/2005 16 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 3 BANK VENDOR Check History 08/22/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BUETOW AND ASSOCIATES IN BUILDING FASTENERS CATCO PARTS SERVICE CENTER POINT ENERGY CLARK PRODUCTS INC CSC CREDIT SERVICES CYS UNIFORMS DAVIES WATER EQUIPMENT C DEEP ROCK WATER COMPANY DISCOUNT STEEL INC EHLERS & ASSOCIATES INC EMERGENCY AUTOMOTIVE TEC FIDELITY SERVICES INC FIRE INSTRUCTION & RESCU FLEX COMPENSATION, INC G & K SERVICES GENUINE PARTS/NAPA AUTO GIS RANGERS GROUNDS MAINTENA1TCE SERV H & L MESABI HEINRICH ENVELOPE CORP HITES FLORAL HOME DEPOT #2802 INSTRUMENTAL RESEARCH IN INTOXIMETER INC IPC PRINTING JRK, INC K & S ENGRAVING KENNEDY & GRAVEN LEXISNEXIS MATTHEW BENDE LINDER'S GREENHOUSES LYNDE COMPANY MAC QUEEN EQUIPMENT CO. MASTER ELECTRIC CO, INC MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F METRO FIRE METROPOLITAN COUNCIL WAS MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MINNESOTA CITY/CNTY MGMT MINNESOTA GFOA MN POLLUTION CONTROL AGE NATIONAL WATERWORKS, INC NORTHEASTER 114012 114013 114014 114015 114016 114017 114018 114019 114020 114021 114022 114023 114024 114025 114026 114027 114028 114029 114030 114031 114032 114033 114034 114035 114036 114037 114038 114039 114040 114041 114042 114043 114044 114045 114046 114047 114048 114049 114050 114051 114052 114053 114054 114055 114056 114057 114058 12,783.28 101.92 44.28 44.35 88.53 25.00 25.45 89.48 60.55 71.80 3,893.75 83.07 4,884.61 700.00 178.50 559.45 340.17 6,092.20 1,480.00 519.09 268.38 25.56 234.67 150.00 124.61 437.60 1,934.04 46.33 1,362.50 110.00 462.24 88.02 129.93 1,500.00 247.80 473.85 45.53 64,197.88 226.76 1,601.63 11. 23 76.98 99.00 240.00 14,775.00 230.17 648.00 ACS FINANCIAL SYSTEM 08/18/2005 16 CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 4 BANK VENDOR Check History 08/22/2005 COUNCIL LISTING CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT O'GARA/ANDREW OFFICE DEPOT PAM OIL INC PEPSI-COLA-7 UP POS PAPER. COM PRO SOURCE TECHNOLOGIES I REED BUSINESS INFORMATIO ROYAL TIRE SAM'S CLUB STAPLES BUSINESS ADVANTA STAR TRIBUNE STORK TWIN CITY TESTING STREICHER'S GUN'S INC/DO SUBURBAN RATE AUTHORITY SUN PUBLICATION UNITED RENTALS NORTHWEST VALPAK OF MINNEAPOLIS/ST WATER WAREHOUSE WW GRAINGER,INC XCEL ENERGY (N S P) 114059 114060 114061 114062 114063 114064 114065 114066 114067 114068 114069 114070 114071 114072 114073 114074 114075 114076 114077 114078 155.76 889.27 111 .10 326.00 356.00 71,690.67 456.52 864.00 413 .90 366.46 171 . 82 314.20 53.04 600.00 229.91 146.97 800.00 342.10 198.98 152.54 1,355,253.83 *** ACS FINANCIAL SYSTEM 08/18/2005 16 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS GL540R-V06.70 PAGE 5 Check History 08/22/2005 COUNCIL LISTING CHECK NUMBER AMOUNT 1,355,253.83 RECORDS PRINTED - 001073 ACS FINANCIAL SYSTEM 08/18/2005 16:08:40 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.70 RECAPPAGE GL540R FUND RECAP: FUND DESCRIPTION 101 201 225 240 261 265 272 370 376 377 378 379 385 386 389 411 415 420 601 602 603 604 609 652 701 720 885 887 DISBURSEMENTS GENERAL COMMUNITY DEVELOPMENT FUND CABLE TELEVISION LIBRARY TWENTY-FIRST CENTURY GRANT CONFISCATED/FORFEITED PROP POLICE GRANTS-OTHER TIF S7: HSG & REDV TIF DIST1 TAX INCREMENT BONDS SHEFFIELD DS MEDTRONICS - DS HOUSING TIF #1 SCATTER MULTI-USE REDEVELOPMENT PLAN HOUSING TIF #2 R8:TRANSITION BLK REDEVELOP CAPITAL IMP-GEN GOVT. BLDG CAPITAL IMPRVMT - PIR PROJ CAP IMPROVEMENT-DEVELOPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR SEWER CONSTRUCTION FUND CENTRAL GARAGE DATA PROCESSING ESCROW FLEX BENEFIT TRUST FUND 34,293.21 553.16 292.01 1,565.00 1,846.69 126.59 11,135.20 252.78 505.54 252.78 252.78 252.78 252.78 252.78 305.28 12,783.28 723.07 717,068.43 933.11 68,433.81 19.68 78.38 490,422.22 500.00 5,021.80 859.99 6,092.20 178.50 1,355,253.83 TOTAL ALL FUNDS BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,355,253.83 1,355,253.83 CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: PUBL I C HEAR.I.NGS Fire APPROVAL NO: &, A ;;P r' ITEM: Close Hearing BY: Gary Gorman BY:~t;/~ Rental License Revocation DATE: August 15,2005 DATE: NO: f ..- The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against Segundo Ramon regarding rental property at 1131 40th Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of August 22, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Segundo Ramon regarding rental property at 113140th Avenue NE. in that the violations have been corrected. CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: PUBLIC HEARINGS Fire APPROVAL NO: fn-P ITEM: Close Healing BY: Gary Gorman BY/)t:7~ Rental License Revocation DATE: August 15,2005 DATE: NO: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against Ismael Orner regarding rental property at 1336-1338 43-112 Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of August 22,2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Isrnael Orner regarding rental property at 1336-1338 43-1/2 Avenue NE. in that the violations have been corrected. CITY COUNCIL LETTER Meeting of August 22. 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: PU8LI.C HEARINGS Fire APPROVAL NO: to C ITEM: Close Hearing BY: Gmy GOl111an BY:~~/ . /~~ Rental License Revocation DATE: August 15,2005 DATE: NO: The matter of the revocation of the license to operate a rental unite s) within the City of Columbia Heights against Hydahm Kerim regarding rental property at 3731-33 Pierce Street NE. for failure to meet the requirements ofthe Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of August 22. 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Hydahm Kerim regarding rental property at 3731-33 Pierce Street NE. in that the violations have been corrected. CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: Fire CITY MANAGER APPROVAL NO: ITEM: 00 Close Hearing Rental License Revocation BY: Gary Gonnan /'l"'-("/-/ L BY: p,::?,A~J?;'/ DATE: DATE: August 15,2005 NO: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against TJ2 Holdings regarding rental property at 3726 3rd Street NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting or August 22, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by TJ2 Holdings regarding rental property at 3726 3rd Street NE. in that the violations have been corrected. CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: PUBLIC HEARINGS Fire APPROVAL NO: ~ E ITEM: Close Hearing BY: Gary Gorman BY: t,vf~~ /' /^ Rental License Revocation DATE: August 15,2005 DATE: NO: The matter of the revocation of the license to operate a rental unites) within the City of Columbia Heights against Kiros Tesfaye regarding rental property at 543 40th Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of August 22, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Kiros Tesfaye regarding rental property at 543 40th Avenue NE. in that the violations have been corrected. CITY COUNCIL LETTER Meeting of August 22, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: PUBLIC HEARINGS Fire APPROVAL NO: G F ITEM: Close Hearing BY: Gary Gorman BY /p - :b ~i Rental License Revocation r -tf/ 'y DATE: August 15,2005 DATE: NO: The matter ofthe revocation ofthe license to operate a rental unites) within the City of Columbia Heights against Anthony Chester regarding rental property at 600 51 st Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of August 22, 2005. The public hearing on this property may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Anthony Chester regarding rental property at 600 51 st Avenue NE. in that the violations have been corrected. COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 200S AGENDA SECTION: Items for Consideration Other Ordinances and Resolutions '\ _) NO: r;, !4J I ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: Ordinance 1493, Vacating a Portion of Sth Street NE BY: Perry Thorvig DATE: August 17, 200S BY: ,/;/~ BACKGROUND: A part of Sth Street NE, needs to be vacated for the Park View project. Easements are required to protect facilities owned by CenterPoint Energy and Qwest. The easement descriptions are in the accompanying Ordinance. RECOMMENDATION: The Planning and Zoning Commission recommends the City Council establish a 2nd Reading of Ordinance 1493, for Monday, September 12, 200S, at approximately 7:00 pm in City Council Chambers. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1493, there being ample copies available to the public. Move to establish a second reading of Ordinance No. 1493, Vacating a portion of Sth Street NE for Monday, September 12, 200S at approximately 7:00 pm in the City Council Chambers. Attachments COUNCIL ACTION: ORDINANCE NO. 1493 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING A PORTION OF 5TH STREET NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Height hereby vacates a portion of the public street over, across, and under the following described property, to wit: Part A Those parts of Sth St NE, as dedicated in the plat of, Columbia Heights Annex to Minneapolis, lying easterly of the westerly line of said Sth Street NE (as dedicated), and northwesterly and southwesterly ofthe following described line: Commencing at the SE comer of Block E of said Columbia Heights Annex to Minneapolis; thence N 00 degrees, 07 minutes, SO seconds E, assumed bearing along the E line of said Block E, a distance of 6.76 ft; thence northeasterly along a non-tangential curve concave to the SE and along the northerly line of proposed Huset Pkwy, a distance of SS.28 ft, said curve has a radius of 81S.00 ft, a central angle of 03 degrees, S3 minutes, 10 seconds, and a chord that bears N 49 degrees, 27 minutes, 3S seconds E; thence northwesterly, and along a non-tangential curve concave to the NE, and along the westerly line ofrroposed Sth Street NE, a distance of 133.00 ft to the said westerly line of st Street NE (as dedicated), said curve has a radius of 248.S3 ft, a central angle of 30 degrees, 39 minutes, 42 seconds and a chord that bears N 18 degrees, 28 minutes, 12 seconds W and described line there terminating. Part B Those parts of Sth Street NE (as dedicated) and 3 9th Avenue NE as opened, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northerly of the westerly extension of the south line of Block F of said Columbia Heights Annex to Minneapolis, and lying westerly and southeasterly of the following described line: Beginning at the NW comer of said Block F; thence N, 00 degrees 07 minutes, SO seconds East, assumed bearing along the west line of said Block F and its northerly extension a distance of 33 .S3 feet, to the southerly line of proposed Huset Parkway; thence southeasterly, along said southerly line, and along a non- tangential curve concave to the SE, a distance of 8S.39 ft, to the westerly line of 5th Street NE (as dedicated) said curve has a radius of73S.00 ft, a central angle of 06 degrees, 39 minutes, 23 seconds, and a chord that bears S. 44 degrees, 48 minutes, 14 seconds, W. and described line there terminating. Section 2: The vacation ofthat part of 5th Street N.E. described above is subject to the following conditions: 1. An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Center Point Energy in that part of the vacated street described as follows, without the consent of CenterPoint Energy: The easterly one-half of 5th Street N.E. 2. An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Qwest in that part of the vacated street described as follows, without the consent of Qwest: The easterly one-half of 5th Street N.E. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSMlDeputy City Clerk CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0801 DATE: August 16, 2005 TO: . Columbia Heights Planning Commission APPLICANT: Schafer-Richardson LOCATION: South side of Huset Park from Jefferson/Madison Street to 5th Street - Industrial Park Redevelopment Area (Park View) REQUEST: Final Plat - Phase 1 and Vacation of a part of 51+1 Street NE PREPARED BY: Perry Thorvig, Consultant Planner Introduction Schafer Richardson requests approval of: 1. The final plat for the Phase 1 of the redevelopment of the industrial area south of Huset Park, and 2. The vacation of parts of 5th St. N.E. north and south of the new Huset Parkway. Phase 1 is part of a larger 28-acre redevelopment area that the developers are now calling Park View. Phase 1 contains 123 dwelling units on approximately 11 acres of land (11.18 dwelling units/acre). There are 46 two-story townhomes and 77 three-story carriage home units. There are no public streets proposed within the project. Planning Considerations 1. The preliminary plat was approved by the city council on June 13, 2005. 2. The plat was approved based on the condition that the applicant revise the plat slightly to account for the minor realignment of 5th St. N.E. where it intersects with Huset Parkway and that a development agreement, be prepared that specifies the responsibilities of the developer and the City. 3. In order to vacate a street, it must be found that the street is no longer needed for any public purpose. Notice of the vacation was sent to the abutting property owners and the utility companies. No abutting property owners object. City of Columbia Heights Planning Commission Huset Park Final Plat and Vacation of 5th St. N.E. August 16, 2005 Case # 2005-0801 Owest and CenterPoint Energy have facilities in the street that must be protected by way of easement. Their responses are as follows: Qwest has buried facilities along the east curb line of 5th Street. These facilities must be protected by way of easement. The applicant's site plan does not show any building over these facilities. CenterPoint Energy has a natural gas main in the east half of 5th Street and needs to have this facility prot~_cted blED easement. This is not in an area where the developer . --- -- -__. proposed to buira:---~.~ I Findings of Fact for Final Plat . Section 9.412 (6) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. The final plat does substantially conform to the approved preliminary plat. Only the requested changes to the alignment of 5th Street N.E. have been made pursuant to staff instructions. 2. The proposed subdivision conforms to the requirements of the Subdivision Ordinance. The final plat conforms to the requirements of the Subdivision Ordinance. Findings of Fact for Vacation of 5th Street The street is not needed for any public purpose and can be vacated provided easements are retained for existing facilities in the right of way for Qwest and CenterPoint. Recommendation Motion 1: That the Planning Commission recommends approval the final plat based on the finding that the final plat substantially conforms to the preliminary plat. Motion 2: That the Planning Commission recommends approval of the requested vacation of 5th Street N.E. provided easements are preserved for Qwest and CenterPoint Energy. Attachments . Figure 1: Final Plat . Figure 2: Requested 5th Street Vacation Page 2 CenlerPoinl@ Energy 700 West Linden Avenue PO Box 1165 Minneapolis, MN 55440-1165 July 1 2, 2005 Perry Thorvig Senior Planner City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN. 55441-3878 RE: Street vacation of 5th Street NE Dear Mr. Thorvig: With reference to the proposed street vacation mentioned above, does have an existing natural gas main in that portion o~B~ vacated. terPoint i;nergy ,~~;~, T.-'t -~pJi~:~~~ to be Since this gas main is an important part of our distribution system for this area we must object to this proposed vacation unless suitable easement rights are reserved to CenterPoint Energy, pursuant MnSta 160.29 & MnRule 7819.3200. Please reserve an easement to CenterPoint Energy, created by and within the document establishing the street vacation and filed with the Anoka County Recorders office, over the street vacation: The east half of part of 5th Street NE as shown on the vacation sketch my RLK dated June 28, 2005. We may consider removing our objection should the petitioner wish to reimburse CenterPoint Energy the cost of relocating the existing gas main. To discuss this and other options that may be available, please have the petitioner contact Andrew Balgobin, Administrative Engineer at 612-321-5426. In the future, please forward ail proposed street, alley, and utility easement vacation proposals to me at the address listed below. In accordance with and pursuant to MnSta 160.29 & MnRule 7819.3200, CenterPoint Energy will respond to all of your notices. If we have gas mains in the area, we will forward a legal description for you to create an easement by and within the document establishing the street vacation, as you did in this case. Respectfully, CENTERPOINT ENERGY /' ( (/-.~/ / ,: {...' , . /Cv' -,0 / l!~,~!r C l---- -Sf~ven Von Bargen (, , Right-of-Way Administrator pc: Jim Carey, CenterPoint Energy GENERAL LOCATION ONLY. DO NOT USE TO LOCATE FOR EXCAVATION. CALL 1-800-252-1166 FOR ON SITE LOCATIONS AND STAKING. / , / / , 11'---io / , / , / , / , / , / , / , / , / , / , / , I I I I I I I I I I I I I I I Plotted by: gasread Plot Date: 7/12/2005 Open ~ ~ gj Q, c' <n' Ii <h! ~; '" a., 11'- +- L.U~ Z~ I-'=' UJ; lI);J; -" " 508-017 .- .- .- .- .- ./ ./ ./ & ./ ".- ".-' ".- ".-' ".-' '" -' U I- UJ ~ '" ..,. 0> M UJ ./ /' /' -~' ~~ ~>Q /rJ'J , / , / , / , / / / , I '" -' U I- UJ ~ "" ..,. 0> M UJ 20' ....... 846199 ----~~-42'Ect---------------------------.--------.---38- AVE "NE-------------- '-12' NCL Field1: Field2: Scale: 1": 100 I (j) North City of CO!Umttghts /./") Planning and Z'Oning Commission ,/ 590 40th Avenue NE ~~' Columbia_~ei~hts, NIN 55421-3878 Q W est ,'~J;:t~~~'~~~''-;~;L~~Jii;-Atll;~';.::k9~i&h\L?,..;.'t&"~6i}y~:t;L:::i.:.\il::''il~~'ii2:!$l;!{};1i~";;;;:\',.~~',,,.~,.,-..,,,, "."'C.;',' >:", '0 ", _, ;--;' , " ' '" .' '" ,,_ c '. ,_ ,', _'< ,)', '_,_, '.. _ , _ ~iP*"'v:~ti"~~{Jequests for Columbia Height~"fuaustnarAIel;a1.Zr~Ct~V'e;l'opment~;;q;iffij; Spirit of Service'" '7? ." , 1) Qwest does not oppose the vacation of 5th Street NE, between 38th Ave NE and north of 39th Ave NE (as opened). However, Qwest does have buried facilities (including an above-ground splice closure) alO1;1g the east curb line of 5th Street NE, and we would our rights to ensure continued service to numerous customers to the north and east. ,_ i,I'r,~;;,;,'i,(;,i;j'!';;il}!Ti~j~;~~"," . . , . "'. ,. ,'w.j,,,,~:l'i'1Jf)'i~;;{!j' Any modifications to Qwest outside plant facilItIes wilb'e'fJillCibie to't1re~U'sf6m~r"ari'd must be received by Qwest prior to construction. 2) Vacation Sketch #1: Qwest does not oppose the vacation of a tract of rand on the south side of 39th Ave NE (as opened), and we have no facilities there. 3) Vacation Sketch #2: Qwest does not oppose the vacation of a tract of land (38th Ave N) that runs due west of 5thSt NE to University Ave NE. 4) Vacation Sketch #3: Qwest does not oppose the vacation of a section of Lookout Place NE. However, Qwest does have buried facilities in this area and retains our rights to ensure continuous service to nearby customers. Any modifications to Qwest outside plant facilities will be billable to the customer and must be received by Qwest prior to construction. If you have any questions regarding this letter, please call me. Respectfully YOu ~~j t~.ArJl Reid Lassonde Qwest Field Engineer 612381-5180 ..... v v z~ (/)A IO I-l{) lll~ I' vO c . :::0 , 0 (~', -t'(/) , v ~ .~, , .....1' I-.J:~ ~l{) ,-,'-' ~ c) , ,_, I CD C" (- , , \ ..- /ry ...J//JrF v>" NOO' ... 0/, SO" rO/ZP-'l LI2'TT~/c_~A.J HZ- 6'/6~... ,.--. fcJLI);{!~ 2,570.cs~...f ~ ~, . / / .<~', / / ...... y / . ... / <0 I . / rv 00", r ~- (' ,(-, /' ~~'~""O ;!..'V . · ~', .(~. .,,1 a.."- A... ,:'J ...,..... · ..... //v.~_J ^ to.."~' ....... rL' A;....J .n\ ...... . . Pol'l of . " h J V . ,-. V sou th eost beg'" ;'g "A"/ ." _,-",-OJ. .-,'. /' come. Block E _ ' i' /.'. - ".' / / ----" n...'Ci) '-"I.' . I...., / """'v ~_.. to.. - CJ' " - #- - " . ~ -' . , "t>< . lb ~t><:-l' t><: ~ ~Cj ~rv 00 5.,OJ .0'\) ~. ~<<5 .# '0 ~ ~ ^:> C!> CJ V qf <o~. Vacation Sketct-l " '<.0" " SCHAFER RICHARDSON 500 Bonks Building 615 First Ave. NE Minneapolis, MN 55413 'Off W/L /7/ us -;/- // " / / /' / // / ;:/ / / , / / )f. 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' ( , ,!;'&'" v '" ~v ( . ..,' .. I .3J 'J' ..v ,~ · ., ." . ... ~" 5' .":)J ',' y' ." "y' ~.~ ~ ~::.. ('. ..:.. Po;nl of b . <<' A"J 0.,"" · .-, V / soulheosl eg,nn;ng "A'Y . 'if -~ · .-,'. corner Block E \~" f'.,". "-' / -----'" n...,c;, ,.;'" . ':'" / ~V,1- .. I .... - c.; "'~ I., - ':" .,,~ - . .~~ ~~ ~Cj 9>1'); ()() 5...0) .":) t>. v~<(j ~~ ~~~/ Vacation ~3ketch f" "'..0<- f" SCHAFER RICHARDSON 500 Banks Building 615 First Ave. NE Minneapolis, MN 55413 ..... 0) ~3 VI:: IO I-L{) lOt--. 0)0 .E b -0 -t'(f) ~l' (/lL{) 0) . ito 'CD \..- ... tvOO'O /'50 'f: 6'/6_... , -....J- -. I , - , , , , - 'It. ,_, - , , ( '- ... v... J ~ ( . .,. ~ v -T- // l;J w Z (1: I ).. "" / Cl V I ,.. ~ .,. :.: ;9 ;:: / /"" ~ ,,, '" '1, I.. ./' ~~~ ./'/ "..~tb~ 't>~~<l'? / / ' / '9,~;r,~V / / / / / .,,/ ~~ .,,/ <?}oc, ~ 'r-e 0' \. \\ ' e'? ' ~-tl ' - oJ-- ~o< ' -, '-' , ......./ " " <:;,... 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( , \ I 1 1 o 50 rm. ~~~-i---- J SCALE IN FEET COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 2005 AGENDA SECTION: Items for Consideration Other: Ordinances and Resolutions NO: ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ITEM: Ordinance 1494, 1495 and 1496, Vacating a portion of 38th Ave NE, 39th Ave. NE, Lookout Place and the Adj acent Alley BACKGROUND: Schafer Richardson has requested City Council approval to vacate part of 39th Street, part of 38th Street, and part of Lookout Place in the Park View Redevelopment Project. The attached maps show the locations. BY: Perry Thorvig DATE: August 16, 2005 BY: / /f:7/~ lP. '/~ The planning staff report notes there are no objections from City staff or neighbors. Qwest needs a reservation for easement in Lookout Place. Xce1 needs an easement on part of 3 9th Avenue. The descriptions are in the attached ordinance. The Planning Commission heard this matter on July 7,2005 and recOlmllends approval ofthe vacations because the streets and alley are not needed for any public purpose. RECOMMENDATION: The Planning and Zoning Commission recommends that the City Council approve the requested vacations. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1494, there being ample copies available to the public. Move to establish a second reading of Ordinance No. 1494, Vacating a portion of 38th Avenue NE for Monday, September 12, 2005 at approximately 7:00 pm in the City Council Chambers. Move to waive the reading of Ordinance No. 1495, there being ample copies available to the public. Move to establish a second reading of Ordinance 1495, Vacating a portion of 39th Avenue NE for Monday, September 12,2005 at approximately 7:00 pm in the City Council Chambers. Move to waive the reading of Ordinance No. 1496, there being ample copies available to the public. Move to establish a second reading of Ordinance 1496, Vacating a portion of Lookout Place and Adjacent Alley for Monday, September 12,2005 at approximately 7:00 pm in City Council Chambers. Attachments COUNCIL ACTION: ORDINANCE NO. 1494 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF 38th AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of 38 tll Avenue NE, as dedicated in the Plat of Columbia Heights Annex to Minneapolis, lying W of the southerly extension ofthe westerly right of way of Fifth Street NE and lying E of a line drawn from the NW comer of Lot 1, Auditor's Subdivision No. 50 to the SW comer of Block 98, Columbia Heights Annex to Minneapolis. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk ORDINANCE NO. 1495 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2000, VACATING A PORTION OF 39th AVENUE NE The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That part of 39th Avenue NE as opened, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northwesterly of Block F of said Columbia Heights Annex to Minneapolis and Registered Land Survey No. 159, Anoka County, Minnesota, and lying easterly and southeasterly of the following described line: Beginning at the NW comer of said Block F; thence N 00 degrees, 07 minutes, 50 seconds E, assumed bearing along the W line of said Block F and its northerly extension a distance of33.53 ft; thence northeasterly a distance of 136.06 feet along a non-tangential curve concave to the SE having a radius of735 ft, a central angle of 10 degrees, 36 minutes, 24 seconds, and a chord that bears N 53 degrees, 26 minutes, 07 seconds E; thence N 58 degrees, 44 minutes, 19 seconds E, tangent to said curve, a distance of368.46 ft; thence northeasterly a distance of51.35 ft, along a tangential curve, concave to the SE having a radius of276.01 ft, and a central angle of 10 degrees, 39 minutes, 38 seconds to the intersection of the southeasterly line of said 39th Avenue NE as opened, said line also being the northwesterly line of said registered land survey no. 159, and described line there terminating. Section 2: The vacation of 39th Avenue NE described above shall be subject to the following condition: Section 3: An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Xcel Energ~ over, above or across that part ofthe northwesterly 5 feet of the vacated 39t Avenue NE. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk ORDINANCE NO. 1496 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490 CITY CODE OF 2005, VACATING A PORTION OF LOOKOUT PLACE AND ADJACENT ALLEY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street and alley over, across, and under the following described property, to wit: That part of Lookout Place and that part of the vacated alley, as dedicated in the plat of Columbia Heights Atmex to Minneapolis, lying N of the westerly extension ofthe S line ofthe northerly 12.5 ft of Lot 11 and lying S of the westerly extension of the N line of the Shalf of Lot 10. Section 2: The vacation described above shall be subject to the following conditions: An easement is hereby reserved that prohibits the excavation or disturbance of any land or the facilities of Qwest in that part of the vacated Lookout Place above: Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor-Gary L. Peterson Patricia Muscovitz, CSMlDeputy City Clerk CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0702 DATE: July 6, 2005 TO: Columbia Heights Planning Commission LOCATION: Ryland/Shafer Richardson 1. Part of 39th Avenue NE east of 5th St. NE 2. 38th Avenue NE from University Avenue to 5th St. NE 3. Part of Lookout Place and part of an adjacent alley APPLICANT: REQUEST: Vacation of the above streets and alley PREPARED BY: Perry Thorvig, Consultant Planner and Patrick Smith, AICP, Senior Planner INTRODUCTION The implementation of the master plan for the Park View project requires the assembly of property in several blocks. Once assembled, the new development will encompass the several blocks and extend across some existing streets. Those street and alley rights of way must be officially vacated by the City of Columbia Heights before construction can begin. BACKGROUND This is a request from the Shafer-Richardson development team to vacate the following: 1. Part of 39th Avenue NE east of 5th St. NE 2. 38th Avenue NE from University Avenue to 5th St. NE 3. Part of Lookout Place and part of an adjacent alley The vacations are necessary for the orderly and efficient development of the Park View housing development. ANALYSIS The surrounding property to the south of this project is industrial and residential. University Avenue forms the west border. Huset Park is to the east of part of the development and north of part of the development. City of Columbia Heights Planning Commission Park View Area Street and Alley Vacations July 6, 2005 Case # 2005-0702 All of the vacated streets will be incorporated into the 28-acre redevelopment site. The accompanying map shows where the vacated streets are located with respect to the development that is expected to be built on top of them. There are no utilities that have to be preserved in the respective rights of way. Kevin Hansen, Public Works Director, has reviewed the vacation requests and recommends approval. No one has objected to the proposed vacations. CONCLUSION The street and alley sections that are proposed for vacation are no longer needed for any public purpose and no one has objected to the vacations. RECOMMENDATION That the Planning Commission approve the proposed street and alley vacation requests. Attachments Location Map ~~ ..u c. tro. \ ~ \ ~ \ :>0& :JtF.:J rE , - 1 4.74 -_ 00 \ I Preliminary Plat '" f",O< '" SCHAFER RICHARDSON ~'" o /-; ~ ~ I I r" '" o o z_ "'. E-(\ /1 L- -l r- - - II c)'?- /,L I 1__ 1 J\\..\.. /' "I I I \ h"" I ;..1 I~/ : ~ ~ -'f' f--- ~ -!11 __ ~ s~~~~J3"E -- t I ~.:>.:.:r,~' ~ ~ _ _::. /1 --.J n \ t. -l L' ~ I ~,,~ -= -,;,/ ~ - -.J L -= -i1 -.-, ~~_ ~i ~:';::::=:f -'~=s~T:~: t_~-'=~~-~f~- &l ~ I-- - ----aURor ~ I - ~ -' ':', ~ g I""::'" ~ '2 ~ ~1t:- ~ 110.W; sq. fL I~ ~5-< ocr.. ./ ..,:~~.'. -, ~:;;;:;--- .",'i~:' ;;;i" - - - ~ ~ I-- ~- '~REA -, ~!/' /' .,~:,-j..~'~ / ~ , ~~~oJ~5. ~ ....- .< no....... IL ;::. . .:.~'.,~. .... -< y ", ~1 ....g.Oo.'/l ___ - ~ ~~;.. 2.5<1 -- i{, .<;..:~&- '" d' <!-';/ 7 - '" "'\ 0:0\ ' ___.' -- ",.!<lCj -0- - -......... > ....' '1 ." /' /' /'. w:5"6.... .,~' 5 ~Pi ~ . .--f . I ~ 1."'" . ,d~'7 v g' ~ _ >-~.... - \....... ,y /' .....,,6( ~...o;~'t.O\ ~ C~" 'D'" E ' JlE < <:::>~ ~ ./" ./ \ .t!t~"'I' "#Y /' d - v.. :to, -':---.. ~ orn ~~ET' 55 ? '"""IIIIIIlI~:...~ --;:>' I ,V ./...:.i1lP' ,,:,J 97 96 95 94 93 92 91 90' 50\ .!. _' ~ ~ ......f.~ ,~..,O~L 'Iv 'j'j' ./.(~.~:~::.::.;;-:.- 98'(, ... ,.5 .... 51 1\) ~ ;- "::;.- ~.::~":J~~"'~,~ ~':=' Gf> ~"-\oo 99 . _.__, ':~=~-~::'o:-~~\;':_'.:'~:l l 55 I ~ ~ ~"" :\ ~\. 101 \ 7.J9...... ' 52 '---.__ j;i ",,':P ' C "- Q 102. " 7~ 73 I ~ ~ '" A::"-""': ? · ~;:;,,"'L 1 03 53 'N ~ -' / :J .;1' .rr . ,t <l' ..~ 04 t" 75 72 5~ . ~ I . ~ -<" ~ 105 , ~ ~o /~f>. -...#...;~... 106 55 I ~ ~tI'';~~:;'' f~~/' ~~.~: ~....- 107 156 I ~ {-- 5~ ,\\:v5~. ~~"- '109108 157 ~l;t: l ~ 01,9~o.J /~,:~::. "- Q ~~~1 110 d' ~_ .<F , , ftZ\'5Z .' % ,112' <~~' """" """--'\ "', fl.'" {!l. ~" 1'\3 ~~~~,.. \ - ~1 ~..1"J" :;"~"'i , -', . . !? .,,<1' '" 114 . . \ .4l',#'".. " ~;;r( .~.p..:" 'G' 115 './ · I ~ . __ :;-rr 9 ~, , .':: ,.:{./:::'!: ::U..~:T., I .~1... 12~. ~~:"'U;D"~::::d-.. ~ ";,1 ...,. 124 oJ- ",,~, . '.:.' 0)1', .~~"'l \ ~ I ;0 1 .--'- e;;;~,~"" 210 '~"':, "c"F:~:':i:;;;;~;i \~ 7, I'." .,,, ,. " " -:::' ~:" i -( " .. -:b~~; ~" ." . - _...._.~~;.L: Ell r' 15 f - \ :7~: ._~~l.____ _ _ .___ .___ m__ .__ __n ____ - . ____ ,0" '~ tJLDCK . , eOra.noqe 011(1 ~"'4. 4 210 --- 9".J6 --- - J.l.f.n- 210 -- 108.1 I O_~HOOlH=L.H(Of"AULY ~ ': 1'f-' _ -+ _ ~yea~ _ _ _ _ _ _ _ _ _ _ _ _....L- _ _ .:rr-8,.o,"o~ _ _ ~. - .. ~ .. ----uT:\.,... .,n..-n..,t ~~~_~~T"'~~Y 1;1 T1r r= 1- '11:E.)~0 II r::)' F9~2"Wf! I r [8i~44 I I IIIII T -=1 · r ~ ~ J :::: '.: ''':~4' J ~~ :J I.... I " -- ~~W! I ,. {, ! I !" t ~! t IT i I $ It ~ I,,! t i, t ! c I nit ~ II t! I - ~ t. I 5! I ; t, I ~:+ I I t.- ~ I ;9 I" I I~~i I I i I ~ I [ I ~ I : I I: I i I ~ I ! I I; I I ~ I I ~ I ~ I I: I I 60 ~~~)~.U::::::"'I ~ 1 ~I II:~~:+~T:; /C~I_I::~~:~T'~ II J J.=~).l. -L! L ~::'r:::":E:;I_ '_I_I-.J ~ --.1 .J. ~ s._ _-...-,-, ___ tI'wI 01, "I c- N) I J.S-JO-24-:n-mll Owner ! Developer: -Yoo. S)'o S,r..?o~ \ '.9.>4- N89'5J'26"E \- /' \.'34.51..... \ / \. "'~ Schafer Richardson 615 First Ave. NE 500 Bonks Buildinq Minneapolis. MN 55413 Tel. (612) 371-3000 Surveyor: RLK - Kuusisto. Ltd. 6110 Blue Circle Drive Minnetonko. Minnesola Tel. (952) 933-0972 A TTN: Kurt Kisch ~ "",.. c-s.,.,YMI ... ,.. ."... .,.... .".. .".. 55343 Sooort<_t_~ -'- -,.. "",.. C--lo.-V_ ...,.. ..... .,.. .,... .,.. 589"5.3'26-." #- 47.:26-_ . .. "'unic~olity. Columbie Heights -- -- , , , , , , , , , , - Proposed Utilities: Sewer. WatOf': City Utilities (available) City Utiitles (oYOUo~e) -,.. ""y.. c-so.'I'_ ...,.. .".. .". ."... ...... ::. - 55 41" : Area Summary. Pored Area - 1.219.887 sq. rt. or 28.00 acres ............. -'- -,.. "*,,- c-s.-.,.... ...,.. Zoning; Existing Zoning: RJ (Uulliple FomHy Residential) and J1 (Industrial District) under applicable zoning roqulolions. See Location and Zoning Map. Curren t use: Proposed U3e: Industrtol Residential 46\ HUSET - - =(f'_=Y=_WAYUHE.39~\9<<J(N("'.:Ci-=- PARKTYAY! N89"58'.J2T~ . ,. i 723.90 i ,~ 'UII _ g o . , , , ..l- 47 ,,~ ~.- g g 48 : ~._53 ~S52 -v. N ~~51 ~~50 tJ"'~9 l" "'.. !".. p~ 8'"' '" I 2<45.<43 I I :: :.i[) I ::~:: I :.:;::::::L:~::. I .: :'_:'~~~E ~ I ~::,::~~r.:' OUROT C .. ........ , 6',601.q. II. or 1~~~' _ VACATE!) 3& lr.! JoY "- 'I- p... ~~ ~~ ;:t ~k ~S i~ 1...__- ~ ~ 89 C oIRR liCE ~ la- E 0 TAIL H E 1 BB 87 86 54 8J ~ 170 T ,- Or~ GrId....... O(......}o. uUitr~I..... ".~""-' 5~ ~> ..... 11 \ ..~ . ....:: ' 56 55 57 54 '{, ,",_76 ~Sn N tJ~78 ~~79 - tJVlSO ..:.._71 ~*70 N ~:f;9 ~~8 <l:w tJ '''67 58 ,.t jt, 122 t ij 121 ~~t' 120 '#-"- 119 118 117 123 g~59 " ~O ,. ~< ~~1 : L.-l- ,.... , I ..\....~\- , tJ"'62 116 81 66 63 48 '{, \, 124,," .. .82... . '....--pOroonaqe and utilily ~'emo:l'\t..=:----- 7, :,:, ::'I~: T /",,- Q~ QIl 131 Lot 12<4 --.....,\ .... I \ 21Q -ST RY rorrJ, BOll SEE aErAl SHEl 1 25 26 27 28 65 .. . 55 6~ ~7 55 55 l;,,~ bei e~ -~- I l l 1 -I -;] j '.' I 8l C" I I ..... It.. o,..~... "" I.. utilltyeose'T'ler'll 159.71 NIl9"5Il'32"E . , 381 ~~ I ... '"I , .. " ,,' !2 50 J '02 ,., 388.99 589'S6'OO'W f-' :{" ..l :':--1 .''- I ~~: --1 g 293. 59 S89'58 'J2"W 38TH AVf" NE g " -.... ~):;::-<.:.. I -1 I . PI( ./ 1-- . . " 11 " '" ;0 u ci oc -, I N "- I OJ m OJ 0 I .... 0 ./ 0 0 ~ "- ./ '" ;0 u ./ -' I OJ m OJ I .... 0 0 E~ 0 c OJ 0 ,.., '" .. u "- ~ 0 <().c o .~ Ooc N '" _-a O.c u clll ::>./ -, c:; 1 y o 50 I I SCALE IN FEET I. I L..... --p .. .-- ~-- I . I L..... I. I L..... ,..., I..a._ ~-- . ... '\.; ; -T- -...- ~-- . ,., ... , / / / / / I ~~ / A · '!Jet /' /'~ , 0.'!J9 0\ /' // tr\ '2-1b' ./" ,/ ?-?~\")~ -l I / /'/ ~;; V ~ p ) // ~<:;)~~;:) "' // t._ ~y, , / /, \>,., .,';"- J%; / (' ~~ ~~ '/ :,:'\ .;, ~I ~\~ / / / , ~. ~~~ "'\. ,,,~ ~-~; ,\ (' -:- ~~ 'l ...c;,"" .1ff.~'<$: \>-~s ~ I I I I-' '-J' L-' V / / .~;~. A'.P;p"- ~~i4~,~::"r / ~~~~ &~~ /~ /' ~ /c}'<;. ,?pS'<.:o~"-~~ / ~~' ~"-~ (\ .,~ . ' .. ~ ,~~so ,,-~e '0" ~ . & -:3'1-10 ~ ---- (jO~ ~ \J\J:::>~ ~,<0 ~~" .A ~'?/ 4: ,~ :::>"(' .r'~.~ ov ~/ // ~.y;::J>S rx/ ~<o\Cjif: ,,01-;<0'010,/'/;'7' // ~~M. :::>\J/ '); G ~~,,-;IO' /,1!//y;o;;<r ~ :::>~/ ~ ij'0;:{~ ~~ M)0~~/~ ~ -,- r, ^ " -,- ^ / ~.@~, ,,;\~2T : ~,:_'. ',,: :_'. ~/ ~~ s,,-\\~eo\<..-: I~ ~ ~~e/_'-t-_ J.( (-::' L() , _\o~~ - , I' I , \ ,\__ I '\ - , ,). , . "'....... '\ I _ '< ' t"') _ \. - , t ",.. , tt") < I- ",,'" '" ,'_I \ Y..,J '<,<"'", , w,,,, V :: (-Point of beginning ",' ~rx ~ "northwest corner Block F \J\J ~ .... ..... \/ - f'.. ,\......... .J f '\ o (.....J-. \ \ f"I~/......( '_I . ~Y) /1;' '\ o OJ , "\"..J',..... ~() I \ o .~ '.. 'I' ":;~/ , - -l- _ Z -+-' _', - \\. ,<'('" " I ( '\ ",,' ~ ~ ,. , v 1il ,- , / ~'I. I ,"" ~ ,. ,/- '"-'...' ;> - "', " I, , \ / - - ~ ~- . . .. .-. Description Sketch AND --- \/~r'~ti"'n ~v~t,.....h J.J..-1. V' '-A'-''-AI.I'-JI I '-'I"'-'I.~.. .. ,- f<..o' ,- .-- , , orx\J /CJ :::>" rx/ /'); :::>Cl 500 Banks Building 615 First Ave. NE Minneapolis, MN 55413 SCHAFER RICHARDSON ( )I , ~ ) < ~ - ~ ./ ) , - , PROPOSED DESCRIPTION FOR QUITCLAIM DEED & VACATION PURPOSES - I , , , ) " , - ,- "'" , That part of 39TH Avenue NE as opened, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota, lying northwesterly of Block F of said COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS and REGISTERED LAND SURVEY NO. 159, Anoka, County, Minnesota, and lying easterly and southeasterly of the following described line: ( - - ) Beginning at the northwest corner of said Block F; thence North 00 degrees 07 minutes 50 seconds East, assumed bearing along the west line of said Block F and its northerly extension a distance of 33.53 feet; thence northeasterly a distance of 136.06 feet along a non-tangential curve concave to the southeast having a radius of 735.00 feet, a central angle of 10 degrees 36 minutes 24 seconds, and a chord that bears North 53 degrees 26 minutes 07 seconds East; thence North 58 degrees 44 minutes 19 seconds East, tangent to said curve, a distance of 368.46 feet; thence northeasterly a distance of 51.35 feet, along a tangential curve, concave to the southeast having a radius of 276.01 feet, and a central angle of 10 degrees 39 minutes 38 seconds to the intersection of the southeasterly line of said 39TH Avenue NE as opened, said line also being the northwesterly line of said REGISTERED LAND SURVEY NO. 159, and described line there terminating. \ - , < ( V / '< .... \ (-- I - , , - , I ,...., \..... - , I ( , - . '( ... I / ,....... ( - \ , '< , ,"",_'~v 'to _, , , \ ~ . I , "',.....1', \ I Duluth, MN. Hibbing, MN. Ham Lake, MN. Minnetonka, MN. Mendota Heights, MN. Phone: (952) 933-0972 Fax: (952) 933-1153 www.rlk-kuusisto.com 6110 Blue Circle Dr. . Suite #100. Minnetonka. MN_ 55343 ~\ RLK I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered La~~ws of the State of Mi:noe:~~, 2005 Kurt M. Kisch, MN License No. 23968 Date (KUUSlSTOLTD) ~ 0> ;:: "0 ci f- :::;; I N " I IX) 01 IX) o I .... o ./ o o " ./ 0> ;:: "0 ./ -' I IX) 01 IX) I .... o o N E./ o C .... 0 ~ '" .."0 " ~ Cl l()-C o .~ 00:: N Vacation Sketch # 2 ~ f<...O<" ~ Sl ...-... I. I L.I." .... ... .. -....t --p , ..-- ,." " '--I '" ..." \,./ \ \/ ....., ""1/ 1-.; I I II K LJ L._ '-,., ....... I " I. I L.I." --, --' PIO {I 35-30-24-31-0041 ,~ ,~~ \ ... ,~~' ~ <,' ,~.... ^ ... I ... I - \ , __Y' ".... I_" I \ I I \ I - x"'-)~, ~'::': , I 'I '11 I 'C L. , \ ,'J ...;,.." "'('\"', ...' ...}, \ ' ....- , C'.' .... --p , ..-- ...., " I I I It, A r, I ^ I I I I I I I \II 1-'; I ,\ \.'" ...", '-_ ......... I I t....... I ,-, 11(""-'". '-1-'" f--(I--II-,I-, I....... I f L._ I ",., I I I ....,., I. I L.I." -.. .... .... ...... .... ..... C'I- .... ~- Southwest Corner / Block 98 To be vacated by City of Columbia Heights --_, \ -T- _.1._ , r, "'-' -T- _.1._ .. ..- , ~-- '" , _:C_ , " \" I ,...' ....&.- I. I L.I." --p , .-- --, --' ,..... ....&.- .... ....... .....-- Northwest Corner Lot 1 : ,... I (r'"\. r"\ I' "....... , ...... I I f-< I I I \' I ...... I ....J ....'" L.... 1...... I " I....,., I ~-- --p , .-- It t I r... -,-"., t"'''\ J ,... J\ I II I I I r f-(' ..... ,-, ....", L.,;' I "'" I \ ...,., --, --" ..-.... PIO {I 35-30-24-31-0C L -J I I -t PROPOSED DESCRIPTION FOR VACATION: That part of 38th Avenue Northeast, as dedicated in the Plat of COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, lying west of the Southerly extension of the westerly right of way of Fifth Street Northeast and lying east of a line drawn from the Northwest corner of Lot 1. Auditor's Subdivision No 50 to the Southwest corner of Block 98, Columbia Heights Annex to Minneapolis. ANOKA COUNTY, MINNESOTA Sub ject to easements of record, if any. I hereby certify that thi me or under my direct Land Sur e or under thl ~ ~ "':0 o -c u c[IJ ::>./ -:> " <:> 500 Banks Building 615 First Ave. NE Minneapolis, MN 55413 Vacation Sketch # 3 '" \0'- '" SCHAFER RICHARDSON --? '/ , ~- I , - .... (~, ' , \ \ ... r, I I I I l-r----------- " '" , , NORTH l ,.. 0 50 100 I I SCALE IN FEET ,..- " , " r- ,., -r- I ,.... .. I ...~ X I ...~..... I II I 1'1 1.._'" ..." c.._' I I...... I 'I ./' 18.04--':::::- --- --- -- (~ , ~- I I '" ,~ '-<...1 ,"'-J ('" -:<r'_ \ I ~_ I J _........' I _ - ~ , ,......., :"'{, I ,,_ I _, l..... ~ 1,"- \ I - '- '1- I \ ;"l\ ...., \.... \--1' '- { -Yt1::STERLY EXTENSION OF THE NORTH UNE OF THE SOUTHERLY 125 FEET LOT 9 ,..., "'.... I I I'" A i" I ^ I I II I I IVI~"'" I 1\ '''' '''' 1.._ '''' I I L.J I ,-, / To be vacated by the City o~ Columbia Heights ~ ;~ '" PIO # 35-30-24-31-0041 PIO # 35-30-24-31-0160 PIO # 35-30-24-31-0041 --------------/---- AREA=420 sq. ft. / / ...... / II SOUTH UNE OF THE- - I I NORTHERLY 12.5 FEET LOT 11 To be vacated by the City of ~- Columbia Heights ~ _:0: -:0: ::- ... " I / "_ '" 3: "0 ci J- :::E I N r-- I co en co o I '<1- o / o o r-- / '" 3: "0 / -' I co en co I '<1- o o N E/ o e '<1-0 - to _. "0 r-- L- a U").c O.S! 00:: N PROPOSED DESCRIPTION FOR VACATION: That part of Lookout Place and that part of the vacated alley, as dedicated in the Plat of COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, lying north of the westerly extension of the south line of the northerly 12.5 feet of Lot 11 and lying south of the westerly extension of the North line of the South half of Lot 10. Drawing File: 04-0898-721-MTR .DWG Project No. 2004-898-L ANOKA COUNTY, MINNESOTA Subject to easements of record, if any. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered L:Z ~aws of the State of Minne:;::~05 Kurt M. Kisch, MN License No. 23968 Date ~ RLK (KUtJSISTOLTD) ~ 6110 Blue Circle Dr.' Duluth, MN Ham Lake, MN . Ribbing, MN Minnetonka, MN L- 0> ....:'0 o .c u eUl ::>/ ...., -- <.:l Phone: (952) 933-0972 Fax: (952) 933-1153 www.rlk-kuusisto.com Suite #100' Minnetonka, MN 5534-3 CITY COUNCIL LETTER AGENDA SECTION: Items for Consideration Other: Ordinances and Resolutions NO: ITEM: Emergency Ordinance No. 1497 to replace Emergency Ordinance No. 1481 an ordinance repealing Ordinance No. 1449 and imposing a moratorium on Automobile Dealerships in the General Business District. Issue Statement: Consideration of Emergency Ordinance # 1497, to extend the length of Emergency Ordina.l1ce No. 1481 which is an ordinance of the Columbia Heights City Council, imposing an emergency moratorium for automobile dealerships in the General Business Districts. ORIGINATING DEPT.: Community Development Meeting of: August 22, 2005 CITY MANAGER APPROVAL BY: Jennifer Haskamp DATE: August 16,2005 BY: Comprehensive Plan: Two goals of the Comprehensive Plan are to "Enhance the image and viability of the University Avenue corridor" and "Enhance the image and viability ofthe Central Avenue corridor." In addition, the Comprehensive Plan states, "The City will facilitate the enhancement and partial redevelopment of the University and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns." Analvsis: Emergency Ordinance No. 1481 was adopted to impose a moratorium on motor vehicle sales and/or lease dealerships in the General Business District. The Emergency Moratorium expired on August 14, 2005. Currently, staffis studying various ways in which the city can regulate, allow, and enhance motor vehicle sales in the general business district without compromising efforts to renovate the corridor. Staff is reviewing other models and city ordinances regarding this issue to help identifY a solution that is acceptable to the city. Staff anticipates that a recommended solution will be identified prior to the expiration of this proposed emergency ordinance. This emergency ordinance would be effective for an additional 6 months, but could be extended for an additional time period of up to 6 months, should the City Council deem it necessary. The information presented prior to adoption of Emergency Ordinance No. 1481 is also pertinent to the request of Emergency Ordinance No. 1497, a summary of those recommendations and discussions are below. HistOlY Prior to adoption of Emergency Ordinance No. 1481 The Planning Commission, at its February 1, 2005 meeting, questioned if used car dealerships were an appropriate use along Central Avenue and University Avenue. The Zoning Ordinance currently permits used automobile businesses in the General Business District, and prohibits used automobile businesses in the Central Business District and Limited Business Districts. Prior to any Zoning Ordinance amendments, the Planning Commission and staff believe it is prudent to adopt an emergency ordinance prohibiting the expansion or establishment of motor vehicle sales and/or lease in the General Business Districts. However, it does not include building permits for maintenance issues such as roofs and/or siding, etc. This emergency ordinance would be effective for an additional period of 12 months, but could be shortened, or extended for an additional time period of up to 6 months, should the City Council deem it necessary. Recommendation: Staff recommends establishing an emergency moratorium to extend the period of study and review regarding used automobile businesses in the General Business District, in an effort to protect the planning process and the health, safety, and welfare of the public. Staff recommends that the following motions be made. Recommended Motions: Move to waive the reading of Emergency Ordinance #1497, there being ample copies available to the public. Move to adopt Emergency Ordinance #1497, being an Ordinance imposing a moratorium on motor vehicle sales and/or lease dealerships in the General Business Districts. Attachments' Ordinance #1497' Ordinance #1481 COUNCIL ACTION: EMERGENCY ORDINANCE NO. 1497 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE HEALTH, SAFETY, AND WELFARE OF CITY RESIDENTS; AND REGULATING MOTOR VEmCLE SALES AND/OR LEASE LOTS The City of Columbia Heights does ordain: Section 1: On May 29,2001, the City of Columbia Heights adopted Ordinance 1428, which is an ordinance relating to and establishing a Zoning and Development plan and revised Zoning Map for the City of Columbia Heights; and, Section 2: Ordinance 1428 and subsequent amendments is officially known as the Columbia Heights Zoning and Development Ordinance; and, Section 3: The Columbia Heights Zoning and Development Ordinance divides the City into four residential districts, three business districts, and two industrial districts; and, Section 4: The three business districts are further classified in the Columbia Heights Zoning and Development Ordinance as LB, Limited Business District; GBD, General Business District; and CBD, Commercial Business District; and, Section 5: The City Council determines it is necessary to undertake a land use study to determine the effect that the operation of motor vehicle sales and/or leasing lots have and are having on the areas in which they are located, including, but not limited to the effects on automobile traffic near the lots, the effects on provision of city services to the properties and other effects arising fi-om the operation of businesses; and, Section 6: The Columbia Heights City Council finds it necessary and appropriate to prohibit the expansion of exiting motor vehicle sales and/or leasing lots and the establishment of motor vehicle sales and/or leasing lots while the information is gathered regarding existing lots so as to obtain an accurate depiction of the effects such existing lots are having in Columbia Heights; and, Section 7: Minnesota Statues, Section 462.355, Subd. 4 allows the City of Columbia Heights to adopt this Interim Ordinance to protect the planning process. The City Council finds that adoption of this Interim Ordinance will protect the planning process and the health, safety and welfare of its citizens while the study provided for in this Ordinance is being conducted; and, Section 8: The Columbia Heights City Council hereby imposes a moratorium on automobile businesses in the General Business District effective innnediately and terminating on February 14, 2006, and recognizing said time period may be shortened or extended by adoption of an Emergency Ordinance by the City Council. Section 9: Activities affected by this moratorium include the establishment of motor vehicle sales and/or lease lots and the expansion of existing motor vehicle sales and/or lease lots within the General Business District in the City of Columbia Heights for the purpose of protecting the planning process pending completion. Section 10: This Ordinance shall be in full force and effect innnediately. Offered by: Seconded by: Roll Call: Date of Passage: Mayor Gary L. Peterson Patricia Muscovitz, CSM/Deputy City Clerk COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 2005 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY NO: Y) ,C') I) Community Development MANAGER'S APPROVAL . -,{ . ~ ITEM: Approve Huset Park Phase I, Final Plat BY: Perry Thorvig BY: &#;i{(/- DATE: August 16,2005 BACKGROUND: The Preliminary Plat was approved by the City Council on June 13,2005. A public hearing was held by the Planning and Zoning Commission on August 16, 2005 for the Huset Park Phase I, Final Plat and approved a recommendation for City Council approval. The Master Declaration containing the rights, restrictions, obligations, and organization of the homeowners association has been submitted and approved by the City Attorney. RECOMMENDATION: Staff recommends Approval of the Huset Park Final Plat for Phase 1. RECOMMENDED MOTION: Move to Approve the Huset Park Final Plat for Phase 1. Attachments COUNCIL ACTION: h:\Approve Huset Park, Phase I, Final Plat CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0801 DATE: August 16, 2005 TO: Columbia Heights Planning Commission APPLICANT: Schafer-Richardson LOCATION: South side of Huset Park from Jefferson/Madison Street to 5th Street - Industrial Park Redevelopment Area (Park View) REQUEST: Final Plat - Phase 1 and Vacation of a part of 5$ Street NE PREPARED BY: Perry Thorvig, Consultant Planner Introduction Schafer Richardson requests approval of: 1. The final plat for the Phase 1 of the redevelopment of the industrial area south of Huset Park, and 2. The vacation of parts of 5th St. N.E. north and south of the new Huset Parkway. Phase 1 is part of a larger 28-acre redevelopment area that the developers are now calling Park View. Phase 1 contains 123 dwelling units on approximately 11 acres of land (11.18 dwelling units/acre). There are 46 two-story townhomes and 77 three-story carriage home units. There are no public streets proposed within the project. Planning Considerations 1. The preliminary plat was approved by the city council on June 13, 2005. 2. The plat was approved based on the condition that the applicant revise the plat slightly to account for the minor realignment of 5th St. N.E. where it intersects with Huset Parkway and that a development agreement, be prepared that specifies the responsibilities of the developer and the City. 3. In order to vacate a street, it must be found that the street is no longer needed for any public purpose. Notice of the vacation was sent to the abutting property owners and the utility companies. No abutting property owners object. City of Columbia Heights Planning Commission Huset Park Final Plat and Vacation of 5th St. N.E. August 16, 2005 Case # 2005-0801 Qwest and CenterPoint Energy have facilities in the street that must be protected by way of easement. Their responses are as follows: Qwest has buried facilities along the east curb line of 5th Street. These facilities must be protected by way of easement. The applicant's site plan does not show any building over these facilities. CenterPoint Energy has a natural gas main in the east half of 5th Street and needs to have this facility protected by an easement. This is not in an area where the developer proposed to build. Findings of Fact for Final Plat Section 9.412 (6) of the Columbia Heights zoning code requires that'the City Council make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. The final plat does substantially conform to the approved preliminary plat. Only the requested changes to the alignment of 5th Street N.E. have been made pursuant to staff instructions. 2. The proposed subdivision conforms to the requirements of the Subdivision Ordinance. The final plat conforms to the requirements of the Subdivision Ordinance. Findings of Fact for Vacation of 5th Street The street is not needed for any public purpose and can be vacated provided easements are retained for existing facilities in the right of way for Owest and CenterPoint. Recommendation Motion 1: That the Planning Commission recommends approval the final plat based on the finding that the final plat substantially conforms to the preliminary plat. Motion 2: That the Planning Commission recommends approval of the requested vacation of 5th Street N.E. provided easements are preserved for Owest and CenterPoint Energy. Attachments . Figure 1: Final Plat . Figure 2: Requested 5th Street Vacation Page 2 HUSE KNOW All MEN BY THESE PRESENTS: That Hunt p~ Development CorpOl"otion. fee clfI'l'Ier of the following described property situated in the County of AnQi(a, Stote 01 Minnesota, PARCEL 1 (550 39th Avenue NE) - Die Properties. LLC. 0 Minn~oto limited liability compony Tract B and Tract C, Registered land Survey No. 159. (Torrens Property, Certificate No. 64257) PARCEL 2 3BOl 5th Sired NE) - Roy E. Ells All of Lots 29. 30, 31 and aU of lot 2B. except the East 13 feet of soid lot 2B. in Block 83. and the vacated 14 fool olley North and adjacent to said above described property; 011 in Columbia Heights Annex to Minneapolis. Anako County, Minnesota. Also thot port of Block '"F" of Columbia Heights Annex to Minneapolis. An~o County, Minnesota. described os follows: Beginning ot the Southwest corner of said Block MF"; thence East along the North line of olley 0 distance of 152.~ feet; thence North on 0 line running parallel with the East line of 5th Street Northeast to its intersection with the Southeasterly line of 39th Avenue Northeast os opened; thence Southwesterly along said Southeasterly street line to its intersection with the East line of 5th Street Northeast. thence South along said East stree line to the point of beginning. AND The north half of that port of the vacated olley as dedicated in the plot of "Columbia Heights Annex to Ninneapolis, Anako County, Minnesoto", lying easterly of th northerly extension ocross it of the west line of the east 13 feet of Lot 26, Block 63, said plot of "Columbia Heights Annex to Minneapolis, Maka County Minnesol and lying westerly of 0 line drown parallel with and distant 152.5 feet east of the east line of Fifth Street, NE, said parallel line is also being the west line of Trac A, Registered Land Survey No. 159. (Torrens Property, Certificate No. 76362) Tract A, Registered Land Survey No. 159 (Torrens Property, Certificate No. 79168) lots 9 through 20. inclusive, Block 2, First Subdivision of Block F, Columbia Heights, Minnesota, Mako County. Minnesota. lot 12. Block. 1. First Subdivision of Block F. Columbia Heights. Minnesota, Anoko County, Minnesota. The West half of that vacated olley lying Easterly of lots 18. 19 and 20 in said Block 2. First Subdivision of Block F, Columbia Heights, Minnesota. That vacated olley lying between lots 9, 10 and 11 on the East and Lots 12 through 17, inclusive, on the West, in said Block 2, First Subdivision of Block F. CoIurr Heights, Minnesota. That vacated street lying between Lot 12. Block 1, on the East ond lots 9. 10 and 11. Block 2, on the West, 011 in said First Subdivision of Block F, Columbia Heights, Minnesota. . A tract of land bounded on the North by the Southerly line af First Subdivision of Block F, Columbio Heights. MinnesotQ; bounded on the West by the West line of Block 2 in said First Subdivision of Block F, Columbia Heights, Minnesota, produced Southerly; bounded on the East by the East line of Block 1 in soid First Subdivision of Block F. Columbia Heights, Minnesota, produced Southerly; and bounded on the South by a line parollel with and 10 feet distant NOfthwesterly (measured at right angles) from the center line of the main track of the Ninneopolis, St. Paul and Sault Ste. Marie Railroad Company's so coiled Columbia Heights spur. (Abstract Property) That port 01 39TH Avenue NE as opened, COlUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anaka County. Minnesota, lying northwesterly of Block F of said COlUMBIA HEIGHTS ANNEX TO MINNEAPQ.IS ond REGISTERED LAND SURVEY NO. 159, Anaka, County, Minnesota, and l)'ing eosterly and southeasterly of the iollowing described line: Seginnlng at the northwest corner of said Block F': thence North 00 degrees 07 minutes 50 seconds East. assumed bearing olong the west line of sold Slock F and its northerly extension 0 distonce 01 33.53 feet: thence nOftheasterly a distance of 136.06 leet olong a non-tangential curve concave to the southeast hawing 0 radius 01 735.00 leet. 0 centrol angle 01 10 degrees J6 minutes 24 seconds, ond 0 chord that bears North 53 degrees 26 minutes 07 seconds East; thence North sa degrees 44 minutes 19 seconds East, tangent soid curve. 0 dlstcnce of .368.46 leet: thence northeasterly 0 distance of 51.35 feet, along 0 tangential curve, concave to the southeast having 0 radius of 276.01 feet, and 0 centr ongle of 10 degrees 39 minutes 38 seconds 10 the intersection of the southeasterly line 01 soid 39TH Avenue NE os opened, soid line olso b~ng the northwesterly line of said REGISTERED lAND SURVEY NO. 159, ond described line there terminating. Has caused the some to be surveyed and plolted os HUSET PARK and does hereby dedicate to the public for public use forever the parkway and easements os shown on this plot for drainage and utility purposes only. HUSET PARK OE~LOPNENT CQRpQRAnON By. SCHAFER RICHARDSON, Its sole Member and Manager By. Boyd 8. Stofer By. _________________ as Nanoger ____ os Chief Manager STATE OF MINNESOTA) )ss COUNTY Of HENNEPIN ) The foregoing instrument was acknowledged before me this _____ day of ________. 2005, by ______-' os Chief Manager, and __________, os Nanager. respectively, of United Properties Investment LlC, a limited liability company under the lows of Minne-sata, the sole Nember cnd Manager of Schafer Richardson, on behalf of the company. ~ j I E~ U Notary-Public--------- My Commission t!llpires _______________ ~~ -:-~~::'.(~) - - - - - - - r::::::: +-- -t -=L - I ----------I~ ----- , , , . . . ... g 1\..' g : ~ 1! ~~ I 589~2'10"E I I 136.60 -l 1 " ..- -.J h -J L 1 I~~ - ... 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I o ~:/ / / / / / ( I ~ RLK ( KUUSISTO LTD ) ~ :..: RLK - Kuusisto, Ltd" SHEET 2 OF 2 SHEETS AGENDA SECTION: Items for Consideration NO: e ITEM: Case #2005-0703, Approval of Huset Park Preliminary Plat for Phase 2 Industrial Park Redevelopment COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 2005 ORIGINATING DEPARTMENT: CITY MANAGER'S Community Development APPROVAL BY: Perry Thorvig BY: d DATE: August 16, 2005 .tc:. ~ /- ~ BACKGROUND: Schafer Richardson has requested City Council approval of a preliminary plat for Phase 2 of the Park View development west of Huset Park. Phase 2 is part of the larger 28-acre Park View redevelopment area. Phase 2 contains 158 dwelling units on approximately 12.8 acres Oflfuid. There are 40 two-story townhomes fuid 118 three-story carriage home units. Each unit has two parking spaces in the building and two in the driveway. There are 87 additional parking spaces in parking bays or on the private streets. There are no public streets proposed within the project. The planning staff report notes some key issues related to this project including the landscaping treatment along University Avenue and the setback from University Avenue and the need for variety (a third housing unit type) within the development. Planning staff and the applicant have been working toward a resolution of these Issues. At this point there is still no consensus on the setback from University Avenue and the fence and landscaping treatment along that stretch of roadway adjacent to the project. Staffs position is that the fence be of one material and design, similar to the "wrought iron" fence shown in the photos of a project in Fridley that also is in close proximity to University Avenue. The setback issues involve the two buildings, 34 and 36 in the middle of the Phase 2 development along University Avenue. The various site plans shown in the attachments show two alternatives. One shows buildings that are only 42 feet from the curb on University Avenue. Staffs opinion is this is too close to this major roadway. The other alternative, as seen in the first set of site plans that show the brick front locations, has four fewer units and buildings 34 and 36 set back about 94 feet from University Avenue. This is the alternative recommended by staff. The applicant is concerned about loss of units. These units can be added to Phase 3 of the development near 37th and University. Staff is recommending approval of the preliminary plat with the condition that the setback along University Avenue is at least 75 feet from the curb on the main traffic portion of the roadway. The applicant will want to discuss this solution at the Council meeting. Three neighbors appeared at the Planning and Zoning Commission public hearing on July 6,2005. Two of the residents were assured that they were not part ofthe project. A third industrial neighbor was very opposed to the density. After due consideration, the Planning Commission approved the site plan with the conditions that the applicants present detailed landscaping plans and alternatives for a third housing unit type at a future meeting. (It will be several months before the developer is ready to start construction on this phase of the development.) They also recommended approval of the preliminary plat with the following conditions: 1. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Common Interest Community documents clearly state the responsibilities of the City and homeowners association related to streets and utilities. 3. All street vacations (by the City) should occur concurrent or prior to the fmal plat approval (by phase) by the City Council and after MnDOT has rescinded their need for the approximately easterly 30 feet of the University Avenue service road right of way. 4. The Street names must be included on the final plat and follow 'Street' for North-South and 'Avenue' for, East-West ' COUNCIL ACTION: AGENDA SECTION: Items for Consideration NO: e ITEM: Case #2005-0703, Approval of Huset Park Preliminary Plat for Phase 2 Industrial Park Redevelopment COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 2005 ORIGINATING DEPARTMENT: CITY MANAGER'S Community Development AFPROV AL BY: PerryThorvig BY:~ DATE: August 16,2005 ;r: / va. 5. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. Due to the traffic volumes, frequent street cleaning may be necessary. 6. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 7. In areas of concentrated flow or where slopes exceed 3:1, silt fence shall be heavy duty (wire backed). 8. Under Erosion Control Notes, note 10, the 14-day requirement is a maximum for restoration as described. 9. Due to the Public construction ofHuset Parkway and related timing/schedule, other erosion control devices may be necessary. A temporary sedimentation pond (or other approved means) shall be utilized until the offsite ponding is completed. 10. Wherever any of the proposed retaining walls exceeds four feet in height, the final plans shall include a wall designed by a registered engineer. The wall shall also have protective fencing at the top where the vertical height exceeds 48 inches. 11. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 12. An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 13. All restoration of turf areas in the Public ROW shall be by sodded with 4 inches of topsoil. 14. All streets, storm sewer, signage and striping serving the development shall be privately owned and maintained. 15. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 16. The developer must provide the City with locatable references for service lines, such as swing ties and GPS coordinates. 17. The [mal plans should provide detail and design information on the proposed method, such as a . Stormceptor Chamber, or other approved means, as required by the City's Stormwater Management Ordinance, to remove coarse-grained particles. COUNCIL ACTION: AGENDA SECTION: Items for Consideration NO: I}. e ITEM: Case #2005-0703, Approval of Huset Park Preliminary Plat for Phase 2 Industrial Park Redevelopment COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 2005 ORIGINATING DEPARTMENT: CITY MANAGER'S Community Development APPROVAL . f BY: Perry Thorvig BY: ~ DATE: August16,2005 Lc::. ~ " po') 18. Additional 8" gate valves must be added in-line for isolation. 19. All sanitary service pipes shall be SDR 26 or Schedule 40 pipe. 20. All street signage shall meet MnMUTCD (latest version) requirements. For regulatory signage, the City requires VIP grade. Street name signs shall be a different color (for private streets), and must be approved by Public Works. 21. All sidewalks shall meet ADA requirements for pedestrian ramps and grade. 22. At fInal plan submittal, the developer must provide plan/profile sheets for the .utilities. 23. The developer shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (.dwg) format. RECOMl\1ENDATION: The Planning and Zoning Commission recommends that the City Council approve the preliminary plat based on the conditions above. Staff also recommends that the approval add an additional condition that the setback for buildings along University Avenue is at least 75 feet from the University Avenue main road curb. RECOMMENDED MOTION: Move to approve the Preliminary Plat, subject to conditions recommended by the Planning Commission and staff. Attachments COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-0703 DATE: July 6,2005 TO: Columbia Heights Planning Commission APPLICANT: Shafer-Richardson LOCATION: West side of Huset Park between 5th St. N.E. and University Avenue (Park View) REQUEST: Phase 2 Preliminary Plat and Site Plan PREPARED BY: Perry Thorvig, Consultant Planner Introduction Shafer-Richardson has requested two approvals: 1. The preliminary plat for the Phase 2 of the redevelopment of the industrial area west of Huset Park, and 2. The site plan for Phase 2. Phase 2 contains 12.8 acres. It is part of a larger 28-acre redevelopment area known as Park View. Phase 1 was reviewed by the Planning Commission and approved by the City Council in June of 2005. There are 5 two-story townhomes and 1.7 three-story carriage home buildings. There are 40 units in the two-story townhomes and 118 units in the three-story carriage homes. Each unit has two parking spaces in the building and two in the driveway. There are 87 additional parking spaces in parking bays or on the private streets in Phase 2. " ; Planning Considerations ". 1. A concept site plan was prepared in 2004 by the developer as part of the preliminary development agreement entered into with the City. The concept plan was found to be compatible with the provisions <?! the Transit Oriented Mixed-use Zoning District. 2. This zoning district calls for a flexible mix of uses with a minimum residential density of 12 units per acre and a maximum density of 20 units per acre, unless otherwise approved by the City Council. The concept site plan showed a density of less than City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 20 units per acre. The subject property is located adjacent to a transit corridor (University Avenue NE) and will include a trail connection linking the new residential and mixed-use neighborhood to and through Huset Park. The trail will be constructed as part of the parkway along 39th Ave NE. 3. The City Staff has prepared Design Guidelines to be applied to the redevelopment of the subject property. These guidelines are directly based on the existing City Design Guidelines adopted in 2003. The guidelines include characteristics that are appropriate to the residential and mixed-use character of the Industrial Park redevelopment area, and no't those aimed at highway, strip or suburban architecture and development. 4. The purpose of the Mixed-Use District is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods, create linkages between compatible areas of the City; provide appropriate transititlns between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The proposed Industrial Park redevelopment will be designed as a pedestrian friendly mixed-use project that will accomplish these goals. 5. The Transit-Oriented Mixed-Use District requires that the mix of land use include two or more of the following uses: residential, commercial and industrial. The proposed Industrial Park redevelopment will meet this requirement by including predominantly residential uses with some mixed-use commercial/residential uses. 6. Though the concept plan was previously approved for this project, the detailed site plan and preliminary plat must comply with the specific requirements of the zoning ordinance. Several zoning compliance issues are discussed below. Findings of Fact Preliminary Plat Section 9.411 (6) of the Columbia Heights zoning code requires that the City Council make each of the fol/owing findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of Section 14 of this ordinance. Section 14 of the ordinance only requires that the streets conform to the Comprehensive Plan by allowing the continuation of the appropriate projection of principal streets and that the plat conform to the neighborhood plan. In Phase 2, there are no existing streets other than the University Avenue frontage road, 38th A venue and Lookout Place. Street vacations are being Page 2 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 proposed for 38th Street and part of Lookout Place. Part of the University A venue frontage road also needs to be vacated to accommodate the new plat. Because of the unique location, these streets can be vacated without disruption of the grid pattern that will adversely affect the area. . 2. The proposed subdivision is consistent with the Comprehensive Plan. The Comprehf3nsive Plan has been modified to A/fixed-Use Transit Oriented Development in expectation of this kind of development. Therefore, the project is consistent with the plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The site layout has some of the same issues as Phase 1. They are as follows: a) Ownership of the utilities not Iyinq within the riqht of way of a public street. Kevin Hanson, Public Works Director, believes that it would be beneficial that the City take ownership of all the 8 inch water mains and sanitary sewer that is in any private street that is 22' or greater in width. This is the accepted practice in similar developments in the city. The utilities would be built according to City specifications and there will be no confusion as to who is responsible for maintenance and repair. Therefore, the preliminary plat should be approved with a condition that specifically states that the City will take ownership of the utilities described above and be responsible for repairs. b) Spacinq between buildinqs. No building will be closer than 25' to another building. However, the distance from garage door to garage door across the private street is only about 62 feet. Two, 201 wide driveways (parking spaces) in front of the garage doors and a 22 foot wide private street occupy the 62- foot space between the garage doors. These dimensions are less than what is normally required. For example, the The Columbia Heights code requires a 24-foot wide access drive. Section 9.612 (7) reads as follows: "b) Access and Circulation. Except for parking accessory to one and two family dwellings, each required off-street parking space shall have direct access to an aisle or driveway no less than 24 feet in width and designed to provide safe and efficient means of vehicular access to and from the parking space without using public right-of-way for maneuvering. 11 Staff is recommending approval of the driveway and private street dimension. Staff has worked with the applicant to minimize the amount of hard surface, space on the site in favor of more green space between or in front of the Page 3 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 buildings. Therefore, staff, including the fire department, is comfortable with the 20-foot driveways and 22' private streets in the project. c) Sidewalk connections. All units should be connected by way of sidewalk to the city's sidewalk system and the new parkway. Most of this project has the required sidewalks. Only the two-story units just off of the Lookout Place extension appear to have no sidewalks. This is the same situation as in Phase 1. This should not be a problem, however, because there are sidewalks just across the private street that should serve the needs of pedestrians in the development and provide access to Huset Park. The north-south sidewalk that runs mid-block between the buildings should be continued in the block containing the two-story units. It should intersect with a meandering trail that runs east to west between the two-story units. A fot lot should be created at the intersection of the trail and sidewalk. d) Engineerina considerations. Kevin Hansen has reviewed the plat and found that there are several technical changes typical with all plats that must be made in order to assure that the utilities are installed properly and up to City and State requirements. Several conditions of approval are included in the recommendation to address Mr. Hansen's concerns. There is also the need to make sure that University Avenue, 38th Avenue, and Lookout Place are vacated and the MnDOT has rescinded their need for the easterly 30 feet of University A venue. f) Fire access considerations. Chief Gorman's June 24 memo describes the concerns about maneuvering fire equipment around and through the looping street pattern. He cites a recent experience in Fridley with a similar development where it was very hard to gain access. He and the City Engineer will need to run more tests to make sure that there is adequate turning radii for the city's fire apparatus. Preliminary Plat Conclusions There are two unresolved issues that need to be addressed before a final plat can be approved. They include approval of street vacations and resolution of fire access. Some lots/units may have to be removed from the final plat in order to resolve these issues. It is expected that the final plat will need to be modified a bit between the time the preliminary plat is approved and the final plat is submitted for approval. Site Plan Section 9.413 (4) of the Columbia Heights zoning code requires that the Planning Commission make each of the following findings before approving a site plan: Page 4 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 a) The site plan conforms to all applicable requirements of the Ordinance. The Phase 2 site plan is consistent with the ordinance except for the following: 1. Internal street access drive widths are less than 24 feet in most of the project. In circumstances such as Phase 1, this was judged to not be a problem. However, in this phase, the Fire Chief has expressed concern. The site plan should not be approved at this time. 2. Ornamental trees must be 2" not 1.5' as proposed. b) The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The project is consistent with the general direction established in the Comprehensive Plan for a mixed use/transit oriented development. c) The site plan is consistent with any applicable area plan. A concept plan for the area has been accepted by the city and Design Guidelines have been adopted. A shortened list of the Design Standards is attached. Staff has found the project to be in substantial compliance with the standards. However, some discussion of various issues is needed. 1. Setbacks: Buildings are 10 to 25 feet from the sidewalks. Some of the buildings may be a little farther from the street than the standards suggest (20 feet maximum). However, the spirit of the ordinance is certainly met by fronting units on the street with garages hidden to the rear of the buildings. 2. Density: Overall, the project is supposed to be 19.7 dwelling units per acre. Phase 2 has a density of just over 12 units per acre. Therefore, units can be subtracted in Phase 2 without falling below the 12-20 units per ~cre density range agreed on by the developer and the City. 3. Exterior Materials: The exterior materials proposed for the project are vinyl, brick, and cultured stone. The developer has submitted drawings that show that the entire end wall of selected units will be brick. (See the attached map showing these locations.) In addition, the three-story buildings with seven or more units will have 3 units that have brick faces. The other three-story buildings will have 2 units that have brick faces. The two-story units will have brick to a height of about four feet above grade on the middle units and complete brick fronts on the end units. The rear sides of all the buildings will be heavy .042 gauge vinyl siding. 4. Third Unit Type: One of the provisions in the development agreement between the developer and the applicant is that there be at least three unit Page 5 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 types. The applicants are not quite sure how they will meet this requirement. One of the ways the applicants propose that this objective be accomplished is by provision of a different kind of two-story unit in Phase 2 than in Phase 1. They have submitted renderings that depict the different unit. Pictures are attached. The end units of the two-story buildings will contain single level living units in contrast to the other units that have several floors. This should appeal to some of the city's empty nester or elderly population. The other way that they might achieve the variety requirement is if they develop a Craftsman style front for the three-story carriage units. If they choose to go this way, they will need to come back to the Planning Commission for approval of their plans since they do not have any renderings ready for review at this time. 5. Landscaping and University A venue Buffer: Overall, tfie landscaping plan is very good. However, there are a couple of issues that need resolution - setbacks from University A venue and the fence design along University A venue. This development will occupy part of the approximately 30' of vacated University A venue frontage road. The building's proximity to University A venue is similar to the townhouse project across University A venue from the Fridley city hall. Private drives are proposed between the remaining University A venue and the units. However, the spaces between the fence along University A venue and the private drives, as well as the setbacks of the buildings from the street, are very shallow. It is recommended that the buildings and the private'drives be set back further from University Avenue to allow adequate landscape buffering. At least 15 feet should be required as a setback from the private drive to the new University Avenue right of way. This will mean that the end units on five of the buildings will have to be removed. The developers have suggested that they might use a cedar fence of some kind with brick columns. Staff recommends that the fence along University Avenue not be a solid wood fence. These kinds of fences deteriorate over time. Furthermore, there is no room to use landscaping on the University side of the fence. Staff recommends the construction of the same kind of wrought iron fencing, brick columns, and landscaping solution that was used on the townhouses in Fridley that are across from Fridley city hall. This should give the whole development a much nicer image than a wood fence. There are several pictures attached that show the fence and landscaping in the area between the fence and the private access drives in the Fridley project. Page 6 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 6. Fire Access: The discussion above related to the preliminary plat sets forth the possibility that some units may have to be removed from the site plan in order to provide adequate turning radii within the private street system. However, the basic site plan is not expected to change appreciably. 7. Sidewalk Connections: The north-south sidewalk that runs mid-block between the buildings should be continued in the block containing the two- story units., It should intersect with a meandering trail that runs east to west between the two-story units. A tot lot should be created at the intersection of the trail and sidewalk: d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The area is evolving from industrial to residential. The remaining industrial uses will be able to function even as the new housing is developed because the housing is oriented in a way that buffers it from the industrial uses. Likewise, there are only two single-family homes on the north side of the project that are immediately adjacent to the new buildings. Therefore, impacts on the existing homes north of the project should be minimized. Site Plan Conclusions The site plan is acceptable with the condition that the buildings be located 15' further from University Avenue and that there be an attractive wrought iron fence and solid landscaped screening between the highway and the project. Recommendation Motion: That the Planning Commission approve the site plan based on the following conditions. 1. The Planning Commission prior to issuance of building permits reviews any major changes to the exterior elevations of the three-story carriage home units. 2. The vinyl siding be at least .042 mm thick. 3. The mid-block sidewalk is continued through the block along with the construction of an east-west trail between the two-story units along with a tot lot. 4. The buildings and the private drives be set back 15 feet further from University Avenue to allow adequate landscape buffering. The fence detail should follow the guidelines above and be approved by the Community Development Director. 5. Construction of the same kind of fencing and landscaping solution that was used on the townhouses that are across from Fridley city hall. (See attached Page 7 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 pictures.) 6. Fire access issues are resolved to the satisfaction of the Fire Chief and City Engineer. Motion: That the Planning Commission recommend that the City Council approve the preliminary plat based on 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. The five three-story carriage house buildings and associated lots with sides adjacent to University Avenue be moved to the east so that there is at least 15 . feet of area adjacent to University Avenue property line. (See location identified on attached site plan.) The 15' must contain landscaping and a wrought iron fence similar to that used in the townhouse project across from Fridley city hall. 2. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 3. The Common Interest Community documents clearly state the responsibilities of the City and homeowners association related to streets and utilities. 4. All street vacations (by the City) should occur concurrent or prior to the final plat approval (by phase) by the City Council and after MnDOT has rescinded their need for the approximately easterly 30 feet of the University Avenue service road right of way. 5. The Street names must be included on the final plat and follow 'Street' for North- South and 'Avenue"for East-West 6. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. Due to the traffic volumes, frequent street cleaning may be necessary. 7. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 8. In areas of concentrated flow or where slopes exceed 3:1, silt fence shall be heavy duty (wire backed). 9. Under Erosion Control Notes, note 10, the 14-day requirement is a maximum for restoration as described. 10. Due to the Puolic construction of Huset Parkway and related timing/schedule, other erosion control devices may be necessary. A temporary sedimentation Page 8 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 pond (or other approved means) shall be utilized until the offsite ponding is completed. 11. Wherever any of the proposed retaining walls exceeds four feet in height, the final plans shall include a wall designed by a registered engineer. The wall shall also have protective fencing at the top where the vertical height exceeds 48 inches. 12. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 13.An NPDES permit will be required, at the time of construction. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. -,. 14.AII restoration of turf areas in the Public ROW shall be by sodded with 4 inches of topsoil. 15. All streets, storm sewer, signage and striping serving the development shall be privately owned and maintained. 16.AII utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 17. The developer must provide the City with locatable references for service lines, such as swing ties or GPS coordinates. 18. The final plans should provide detail and design information on the proposed method, such as a Stormceptor Chamber, or other approved means, as required by the City's Stormwater Management Ordinance, to remove coarse-grained particles. 19. Additional 8" gate valves must be added in-line for isolation. 20.AII sanitary service pipes shall be SDR 26 or Schedule 40 pipe. 21.AII street signage shall meet MnMUTCD (latest version) requirements. For regulatory signage, the City requires VIP grade. Street name signs shall be a different color (for private streets), and must be approved by Public Works. 22.AII sidewalks shall meet ADA requirements for pedestrian ramps and grade. 23.At final plan submittal, the developer must provide plan/profile sheets for the utilities. 24. The developer shall provide the City of Columbia Heights with as-built drawings Page 9 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 Attachments Industrial Area Redevelopment Design Guidelines Building Placement Well designed front fagade facing the street Res. Buildings 10-20 ft. from sidewalk edge Articulation in front facades encouraged Primary Facades Pitched roofs One foot eves Building Width and Articulation Articulation through off-sets or different textures Building Ht. 2-4 stories Window and Door Openings 20% window and door openings in front 15% in sides Entries Face street or walkway Or linked by sidewalk to the street or courtyard Building Materials Required brick (33 to 38%), natural stone, precast concrete or block (integrally colored), jumbo brick, - 40%, lower third Glass for windows and doors Synthetic wood (fiber cement, Hardie board) resembling horizontal lap siding NO unadorned plain concrete block, tilt-up concrete panels, prefab steel or sheet metal panels, Aluminum, vinyl, for commercial and mixed-use ), fiberglass asphalt or fiberboard masonite siding. Page 11 City of Columbia Heights Planning Commission Huset Park Preliminary Plat and Phase 2 Site Plan July 6, 2005 Case # 2005-0703 Accent materials on 15% Front and rear should have similar materials Res; Permitted - vinyl, heavy gauge, deep colors of gray, tan, olive. blue, or red. Building Colors Complement surroundings, warm toned, 2 principal colors per fa~ade, Architectural Detailing Ornamental cornices, arched windows, warm-toned brick, bands of contrasting colors, '" Page 12 If P?L/t! A/V ',I j' '3 rA-77.5. M f5AJr- Park View Phase 2: Site Plan Review Application ~i(6 This application is for the second phase of Park View. This phase will provi~o- story townhomes an@ree-story carriage home units. Phase 3 will incl~d~'higher density housing incorporating neighborhood retail. Throughout the total redevelopment, Park View will provide a range of housing products connected by well-landscaped private streets and sidewalks. Phase 2 of Park View, like Phase 1, is designed to be a highly desirable, active, pedestrian- and transit-oriented residential community. Park View will fit well within the existing development pattern in Columbia Heights, while providing a distinct neighborhood identity. Park View will be a master-planned neighborhood with common architectural features and streetscape elements to provide a sense of place. The project area is surrounded by residential land use to the north and south and is , consistent with the City of Columbia Heightsf Comprehensive Plan, which calls for Transit Oriented Development. The current zoning for the project area is Transit Oriented Mixed Use, which requires at least two of the following three land use categories: residential, commercial or institutional. Park View will contain residential and commercial land uses. The purpose of the mixed use zoning district is to provide pedestrian-oriented development that connects residential land uses to neighborhood commercial development and transit opportunities. Park View achieves these goals. Park Viewfs Phase 2 contains 12.87 acres. Therefore, the density is just over 12 dwelling units per acre. The zoning requirement for the Transit Oriented Mixed Use district is a minimum of 12 dwelling units per acre and a maximum of 20 dwelling units per acre. The entire project will attain a density of 19.7 dwelling units per acre. Also, for Phase 1 and 2, over one acre is being set aside for the pond in Huset Park. Phase 3 will include an additional pond feature for storm water management, as well as a site amenity. As required by the Zoning Ordinance, Park Viewfs design is sensitive to adjacent usable open space which is, in this instance, Huset Park. Park View incorporates shared green spaces for residents throughout the neighborhood, as well as provides convenient Page 1 of 2 Park View Phase 2: Site Plan Review Application pedestrian and vehicular access to Huset Park. The plan includes sidewalks throughout the site providing pedestrian and bicycle connections which will enhance circulation patterns. The landscaping plan, in accordance with the Zoning Ordinance, will provide greenway connections to Huset Park, as well as provide a desirable residential neighborhood. All proposed residential buildings in Phase 2 are in accordance with the Zoning Ordinance and are oriented to either the future Huset Parkway, a private street within the neighborhood or to a common open area. The proposed residential buildings will provide residents many desirable options. As required by the Zoning Ordinance, the proposed building facades of the townhomes are varied to create visual interest. The housing products that will be offered at Park View have been well-received in other communities throughout the Metro Area. Buyers of these products will include young professionals without children, young families and empty nesters. These housing options will ensure that Park View is a neighborhood with an intergenerational mix of people. Young professionals will be attracted to the site's close proximity to employment opportunities, while young families will prefer the site's amenities, and proximity to Huset Park, shopping and retail services. Older buyers will be attracted to the maintenance-free housing choices with neighborhood amenities close to City service~ and transit options. The housing products at Park View will provide life-cycle housing options for current Columbia Heights residents, while attracting new households to the community. 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RYLAND I'~OMES 194."'"11 ilRGUJH:GIS I hereby certify Ihnt this pion, specification. or 'HEF I,lOlln. pL!I.j(j I'eporl was prepared by me or under rny direct HOPEUJELL UI'~IT 1l94H29 supervision and that I 0111 a duly Licensed Architect under the lows of tile Slate of Minnesola slii'ET~ P,lnl flame .a::..""e:t.._k~(..~ ')HAWIIIG 1rJi I. A 1.214 ELEV,i~TIOI'{S ImAW11 BY CGW /1'1J5 SiYlILllIJre C:L-A ~. M~ [lPJlflIl DESCmplIIJll (lP'nOlI NO Dule .Z-!/"?...1 License -Z...~7Z--.-- Ill\ Et.ITRY CAI~OFY OFTIOt, --'---. () - - -r - --.. PARK 'flEW ... COlUlVlBIA HEIGHTS REV NO. I DAlE fll.MAlll\S The R~land Group. In=. expre5el~ r~2-erVe5 Ils ccp~rl9hl and olher properl~ rlghls III lhe." plans and drauoIngs. TheeC! t:l1ans and drdluln9~ tire nol to be reproduced or copIed In ~n~ rorm or mGlnner. 4-29-05 IISSUE FOR FRICltje; 3 4 '-"""''''''''''''''''_1 5 r- -.-- _, JLUIIIt:IIL:3 Ull\l JCLUll~::;J\:Jt::U\:;:I::;Jt;;\I-U""U' .....\..;l.-...II.~~\l......'l-'\. ~ ,u~ ~J'''',v~1 -', '~l"'''''''''''- ......~.~,__,.,. -..rn.: - -.__ ....-...---______. -. ...._~ [~nmrL" c=J!:=-j t 11-. kIJl=r=1[ III! c=:Jc=J ~ l'lffirn t """'II'.IIc=JC:::;]." 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G3jl ~o\ ~p \n(~ o~ x ",'11'110 \: :xl):lo \~ O;z 20 -f "0 m-< 1-0 m..O <-I ~II~~ ,- ~~ flg .~ 3' ~ "'\1' ~ ~J (I I~ ~~~ \ 00111 t~~ I!!';!! - !=~ -.----1 n Tn 9 --------.\ ~ ~ ;~ 03 (1\ 111Ji: III m~:~ ~ ~ E"';Y 11I!-0 'li ~ ~ll~ ~ \~~~ M !; ~il'! ~ ~r.'I1, 3 ~ :~ tl! ~ ~m ' ~! '- I 11!!~ '- :11 III Crl --.-------. J]~ ~ \l ~ (.'0 ,j ~N ~.y < I" 7 HI HI ;<1 =l ,11 1-- -';"1 1)1 I. ,"- D;~ (oj ~ f. ~~ '" AI PARK VIEW.. COLUMBIA HEIGHTS 1111. /i,II,IF '],;,1.,\11) H.YLAND HOMES ;,~lF I MODEL ___ ')Al~1Ef)BUI~C:1 Ut~IT SI1LE! 110, ;;LU~'34J'''l 4U.2J -'- 20A fiR/,\'IIIIG 1l1lE ELEV.ATIONS IJIM\WI OY CGILl I ~1JS OPTION 110. OP1ION OESClllf'f1otl FRom E~nRr CNIOFY :,1 \ =lu'n -n~9 r.l" ,~ rfll '" j..n -il !: ~) n~~ij f'" .w oWU mf,~ v^ II ~:~~ ~Rci ~1 ~fiG l!~ ~~ ~f!!~ Ii' g.. Ii' ii' AI :d r.' '" ~ I;~ ;,~' U ~. J ~ HI np ~E Z ~~~ ~~ -I ~'u Q. {= " ~ t I"~' 1= 5 -{ ",'", ,,: , ~ ( r;~! G ~ J: :) t1 ~'lrlU: ~)I C kGr~ ~gs G ;'i~:q: ~ ~. ~ i;: i~ , " Z .,,~'! ~ ~ a 8~~'~ ~~ :at r- -I >:11..8 r. III ~ t; 111 ;",~:~ ~~~: -; ua ;:~~ "r', \1_ III ,," r,'. r 'I" "" ,.., G ~ ~ J2~ ~ ffi \] 1m ~' - """ ~l ~ ~ ~ -, fIl rll'r ~~. ~ I'" ll" ~p ~.:! u~ 0 ~~! z ~ ~:z cO fJj;\ r;!P ~ ~ 2 ] -< Q ~ S o '" AI ;~1 l" I~ ~ G \lJ \1. ~ I'll ~ ~i'; ~ ~ ~ Il J. III (:- !~H & (J\ ~ ~ m ~1 no ti ~ -X; IU _ ~ :1 ,- , ^ ~ ^ \1 ,,'" I) n ill:i li III !j if] q ~ _( ~ }! ii1 1_ \1 2 ~ ~ i! ~ \~ ~ -I ::I I III ~ ~ ~ ~ ~ Ii j; "'~QUJIQS I iJereby cellily 11'01 lhis pion. specificotian, or report was prepared by me or under rny direct slJpervision lmd tliut I om a duly Licensed fo.rchited under 1I1e laws or the Stote 01 Minnesota Prinl 11,m,. _~~~_M'Lflf:t?_ Signalure CL-/f~: .6..~ _ Dole .z::-Z/-o..3 license -.'Z.-"f;;1-~_ "TI ... Co (I) :r. (j) 0 2 c.) 0 "t'J :'i '11 0 ~tJ ;!:.o CJ) 00 (J) Ao (') ~Il~ (J) III 0 .. rn rn I'- m < 0 "U -f 0 2 en o m ;nlf,~ itJlILl1 ~ll'.. g~~ n 00 iir !pO o ill " r Fjrl:rrl:;T'I'FI~rl'rl'ri,TI r6rl--:i;:ll:-:r I \ 1I1I1 III II!!!!!!!!!!!!!!!,!!!! !!f~~ II m\.\ 1--1 _ ____ I I , , I I " , I " , I , I " I I , , " , I , I , I " I I , I , , I I " I I , I I I I I , I I I I I , I " U _ _ LI:'-!::'LLlli.Llfl~-!;ill-U " ~' ~' ~" LLLLlJ!-l'II"~' ':!:LlL _ _[1 _ _ _ I~ ~ lm~ l~ I::I~ fil!i,~ l~ a!s[:! r 'I.~ ~ 'I~~ 'li~'lfrljI! ;"i"i,llj'jl! ;U'''',ll I rot In .iuz . -,r~~--~~~::-l.';f"-~.JIDQ 1':~.~}~V J-(F~i~;_-1~~~~~~~~Ja!~W~131,~Q 8'..11/6- ~1 J T () ;JJ 2 -, J> r .. ij Z ~\ ~ 11 ~ ~ ., OJ ~ ". r ~ r '" ~, 1 ~ II :XJ ,- m !!I ::Po ;n m r" rrJ ~II~ q :z ~ ""'-:J =l :u ""1 ~ (,;j.~ -" l \ (:) (11 r~--~-<'~~ I -=--""== : _ _n" ~ J----- 1 I 1---------- : 1 ~ -------- : I!' , I ill : I jg : I ~ I ~ I I ~ : I / : 1/ :'AlU'-1I I I -(Hi~ I . ~I(,jmu' I-<--_L. ~1!P :c : 1---- ~ /~ LI-'Il, ;/~~~ ;; ~I-'-- ~1-""" ,,~--- .,f'k ,f)'PI .. ./ _n_ CAL) L________1f._J 1 ,~ () ~~,-..--- --- - -- -'--=="ill" I-I I: II I: ---. -+ -------------1.--- --I U.......' I -1111 I I - , ,-<= ''';;I ~ ~ I fJ1~ }j~~ I ~ : , ~&~i I ~ : ~l" ill I ~ : 2il~ I ~ : ~~g I"' I on 1/ : Q II : FRE-EI'IC;. ROOF TRU'l:;ES : ASOVE AT 24" og. I --- (FRE-HIG 5ci5S~R-~ TRUSSES AElV. ill'l . I OFT'!.. vOLiJI-1E CI_G! I ______~.__~_____,__~_ __J II' II I_ I- t!1 :KJ () o "l1 iJ j- :r> z ,II ;< ~ 0:12 0:12 ~ q ~ > ~ t:> .~ n ~ -- J........,.,-p. II 1 I I I -----I r--.--~----T----: U 01'11 I I i;l I r<= "''./~ :;; I fi1~ ~ ~ ~ I ~ 1 . \\l~" I ~ I -Jill I'! I 8,';n I ~ ' 'lR'g \ll: "t\6 \ ~ I ~,,~ I f,j I on 1/' : 11 Ii I FRE-EHG. ROOF TRU'l5E5 : ABOVE -~~2~g:__)i (PRE-Et<G.5CISSOR I TRUSSES AS\'. wi : opr'I_, VOLUI1E eLk) . 1 r~'''9 - - -- I I i - - -- - --:-- - -- - -- -- - -- --8 - --- ! [.: I\'~"I-_-.-._--.-",Z~ 1_i3I~ ill !\~ :"--'7' / i \ // _~:l2 I II / i [.. ~-=r~, RV':'~ ~~5E : -l\ili~' ~~rl1lll~ : ~t-"---"---..~ ~f\ :~---I- t !: /' '......... L._.. ....L..~ ,,_. _.. _. ____,/.... _ _____~.._ '" n ,. ~ ::l3 o o '"l1 '\l r- :1'''' :z ~ 0:12 .~ ~ OJ R<> o ~ ~ IlLV.lIO. llAIL I<lMAHI\S The R~lal1d c,roup. Inc. expr~e51~ re~erve~ ll:) copyright. and olher properly rlghl5 111 the.e plans and drawln9fl. Th~&e plane and df'aiLJln9~ are not to be reprodl.lced or copied In ar:~ rQrrn or manner. ~_I\!lP"MlI!e; 4-2S-iZl!; 1ie,5UE FOR FRIGII'IG 3 4 !:> 11 June 2004 12 A 28x48 84 B 24x36 28C 16x38 124 Townhomes 4 Story Flat 104 Units 4 Story Flat 104 Units 3 Story Flats 48 Units !. .... 4> ..s ., elness swenson graham architects inc. 1111 Schafer ~ Richardson ~ e 2005 RLK-Kuusisto. L TO. ill Z ill t >- :::> 4: z ~ ill C\I ~ ~ ~ , 00 ~ a: C\I ill ~ Z :::> . , . i ~ ! -, " , ~~ \ fJ I \ ~ \ \ ~ \ .' 0 \ ,\,\ ~ (I \~\:> ~ ,.,,~~\ I~ ) (1 QI:' aUIlOING#33 a UNIT ~ ~n r5t muST~_HO~ ) ~ '" ~ A'>. -^"", ~ ~ ~ , ,r\ ~fiI.>J~ ~ 1J;W ~ FI-I ~ ~ ~ ~ lJ '-J BUILDING #12 7 UNIT , n "" CARRIAGE HOt.E o . ,J-1;;h II ~ 116:th "-JY <.J> "-" '" )) ~.r-.. ~ )I /.'.,It)j)IIWII~~ iO ~ 1" BUILDING'" ~ ( ~~;~~ a .... ~ ~ '<'J.> .r-,.. <<-Y A'>. "-' 'ZY ~ ---D D 01 ~ II TWO::~~~t~ 1 f ~ ~ ~ 000 00 ~ litO ~ 0 ~ . I BUILDING #36 SUNil - tDTWOSTOD~H~ o 4: o a: I ill -",Sl -~~ ,,~ )LLI i~ 1\ t ~ I EXJSnW BUlUJljr.; V: s ~ ,. \ CARACE I~'.." :'1 ~,.wZ2 ... ~ .r-,.. ~ ~v <-.>> fi';> ~ ~)" , ~ :~ .~~ -Do -.::. ~ :::. ~ :[;P ~ ~ f1.Ih ~1I\:fV1I BUILDINGt:23 7 UNIT CARRIAGE HOME Hi t ....., ..r: . 1] Q).I ttI ''''foh "="l 'LiH ' ~ ><'r"" ?'l Hi"?'i ~ .~~('u\IIIMI BUlLDING#25 7UHlT CARRIAGE HOME '--" r- I 1 , I I I I 1 I I 1 I I I I I I I 1 1 I I I I 1 I I I I I I .. I I I 1 r 1 I I 1 1 I 1 II I I I BUILDING #13 7 UNIT CARRIAGE HOl.E Irtlv;hIl(~II~ .r-,..'<.Y C7,. IWII~ll>IlI~JI>lIl~ BUILDING #17 a UNIT CARRIAGE HOf.E ~ M .... m r ~"-jO J mus 6 UNIT STORY TOWNHOME ~ ~ , ,711: iJrm~ I I , Up-lirll I~ '''~ ':a \'n; !ltt B~#10 ~ J5lll CARRlAG~ H<>>.E JJ II L ~ ~ ;::r.r-.'<J....... ",1;fjJ1I~1I'1-ll''I-f'''' BUILDING,." 7 UNIT CAARlAGE HOt.E n::rro~ ~ ,~ :.y xy ~ b \ b ~ -/ ~ = w / ~c~ x.. rb = = -A I( A ""C ~~~HL~~~. CAARlAGEHOt.E ~~ oJ'$ /' \ M M I II ('Q'\ II {M\ 7 ..~-~~.p'" ~~r--~r-. ~ ~~ ~1I~lIrwll'U" ;'l'~~ BUILD1NG#2-4 q; Y 8 UNIT CARRIAGE HOME _ . ~~~:d~/;j:,/ (&l\ 11&,7 M 1Ii'M1'~ Jill!/! ~ /,~ i{(r (I 11'($ I @ ~ \111\11111/1/111/ ./lllll,llt fIItll I I ~ -m-:' ~ r- LANDSCAPE NOTES REFER TO SHEETS Ll.l-Ll.9 FOR PLANT PLACEMENT AND TYPES. REFER TO LANDSCAPE DETAIL SHEET FOR GENERAL PLANTING NOTES. IRRIGATION NOTES AND PLANTING DETAILS. REFER TO UTILITY PLAN FOR UTILITY LOCATIONS. REFER TO GRADING PLAN FOR GRADES AND EROSION CONTROL AREAS, REFER TO SITE PLAN FOR DIMENSIONING. THE OWNER RESERVES THE RIGHT TO INCREASE THE NET OUANTITIES OF LANDSCAPE UNITS. USE lARGER UNIT SIZES. OR VAFrr THE SPECIES ACCORDING TO AVAIlABILITY AT THE TIME OF PlANTING PER THE lANDSCAPE ARCHITECTS WRITTEN APPROVAl. SCHAFER LANDSCAPE KEY RYlAND RICHARDSON RESPONSIBILITY RESPONSIBILITY DECIDIOUS OVERSTORY mEE 0 ~ CONIFEROUS EVERGREEN mEE €I . DECIDlOUS ORNIMENTAL mEE ~ 0 DECIDIOUS SHRUBS 'tl' ". CONIFEROUS EVERGREEN SHRUBS ..., ~'<-~ <2> I /,~."y ~//.../f/;IfJ,ii'i //\// V-n r----- -- -- - - - ----- ---- -----------:0 , ' I -- ! , : L_ _ ______ __ _ _ ___ _ _ ______ _ ______ _ J r- -- ---- -- -- -- ---- ---------l , ~ ~..~ I ALL LANDSCAPED AREAS TO RECEIvE SOD EXCEPT WHERE NOTED OTHERWiSE. SOD SHALL BE LAID OUT PARALLEL TO CONTOURS AND HAvE STAGGERED JOINTS. XJY" "-l ~ "-, I I i::J I I . 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FO!l.!U,-:C ._:1 LIGHTING NOTES UGHTlNG SHAll MATCH THE CllY OF COLUMBIA HEIGHTS STANDARDS FOR INSTALlAllON AND TYPE. UGHT POLES TO BE LOCATED A MINIMUM 3.0' BEHIND BACK OF CURB UNLESS OTHERWISE NOTED. PROVIDE UGHT POLE BASE AND LUMINARE PER DETAIL LUMINAIRE AND POLE ILLUSTRATION \ I i r~~ '"l'DIC[ HtLCAWe UTUTY.........,-..ac .....,~ CONTRACTOR TO PLACE UNDERGROUND CONDUCTORS IN PVC CONDUIT. PROVIDE MIN. ,. PVC &: #10 AWG UNLESS OTHERWISE NOTED. CONlRACTOR TO TO SIZE CONDUCTORS AND PREPARE CIRCUIT PLAN. CONlRACTOR TO PROVIDE PHOTO CEll. llMERS AND COMPLETE SYSTEM FOR OWNER TO AUTOMATlCALlY OR MANUAllY CONlROL UGHT FUNCllONS. CONlRACTOR SHALL SUBMIT SHOP DRAWING OF ELEClRlCAL AND/OR UGHllNG PLAN TO ENGINEER FOR APPROVAL '-:=.. I-Iv~er P~ftlC.-. 1 ~~I~ ~ ,~',~:,':'~~::,'~: ,'~,P,,';~i? , , , , , " '.'0 ,'.. ,,,: ~ .... .' 'ir'iliCiir' ~ _ ~AY" '~ ~ , n.L : ~~..: T ! r ,,_ : ! I ;"1.H"J' I! : I . \ i i l~~: . 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'1-,1 '''<" /'/ 'I. j ,: " \. / t.../ ......._'-~ \\,,'/ '. (J :"... .........-.... COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: August 22, 2005 AGENDA SECTION: Items for Consideration NO: ,C 3 ORIGINATING DEPARTMENT: Community Development CITY MANAGER'S APPROVAL ByJJ ''(16\) , ITEM: Approve Huset Park, Phase 1 Development Agreement with Schafer Richardson BY: Perry Thorvig DATE: August 16, 2005 BACKGROUND: Columbia Heights requires that a development agreement accompany the Final Plat for the Huset Park Phase I development. The agreement describes the responsibility and obligations of the developer and the City with respect to this project. The attached agreement has been negotiated and accepted by Schafer Richardson and City staff. The City Council needs to formerly approve the agreement. RECOMMENDATION: Staff recommends Approval of the Development Agreement for Phase I of the Huset Park Redevelopment site. RECOMMENDED MOTION: Move to Approve the Development Agreement between Schafer Richardson and the City of Columbia Heights for Phase I of the Huset Park Redevelopment Proj ect. Attachments COUNCIL ACTION: H:\Approve Huset Park, phase I, Dev. Agreement DEVELOPMENT CONTRACT FOR PLAT OF PARK VIEW, Phase I ANOKA COUNTY, MINNESOTA - 1 - INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR PARK VIEW, ANOKA COUNTY, MINNESOTA RECITALS ARTICLE 1 - DEFINITIONS 1.1 Terms 1.2 City of Columbia Heights 1.3 Developer, Owner 1.4 Plat 1.5 Development Plans 1.6 Development Contract 1.7 Council 1.8 PWD 1.9 Director of PWD 1.10 County 1.11 Developer Improvements 1.12 Developer Public Improvements 1.13 Developer Default 1.14 Force Majeure 1.15 Developer WalTanties A. Authority - 2 - B. No Default C. Present Compliance With Laws D. Continuing Compliance With Laws E. No Litigation F. Full Disclosure G. Two Year Wananty On Proper Work and Materials H. Obtaining Permits 1.16 City Wananties A. Authority 1.17 Fonnal Notice ARTICLE 2 - DEVELOPER IMPROVEMENTS 2.1 Developer Improvements 2.2 Boulevard and Area Restoration 2.3 Street Maintenance 2.4 Occupancy 2.5 Approval of Contractors and Engineer 2.6 Construction 2.7 Inspection 2.8 Faithful Performance of Construction Contracts 2.9 City Acceptance ARTICLE 3 - RESPONSIBILITY FOR COSTS 3.1 Developer Improvement Costs - 1 - 3.2 Enforcement Costs 3.3 Time of Payment ARTICLE 4 - DEVELOPER WARRANTIES 4.1 Statement of Developer WalTanties ARTICLE 5 - CITY WARRANTIES 5.1 Statement of City Warranties ARTICLE 6 - INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 - CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 City Remedies 7.2 No Additional Waiver Implied by One Waiver 7.3 No Remedy Exclusive 7.4 Emergency ARTICLE 8 - ESCROW DEPOSIT 8.1 Escrow Requirement 8.2 Escrow Release and Escrow Increase; Developer Improvements ARTICLE 9 - MISCELLANEOUS 9.1 City's Duties 9.2 No Third Party Recourse 9.3 Validity 9.4 Recording - 4- 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver 9.8 Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 Landscaping 9.14 Park Dedication 9.15 Record Drawings 9.16 Additional Agreements 9.17 Release of Development Contract EXHIBIT A - LIST OF DEVELOPMENT PLANS EXHIBIT B - DEVELOPER PUBLIC IMPROVEMENTS EXHIBIT C - ESCROW AND PARK DEDICATION CALCULATION - :"i - CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR PARK VIEW, Phase I THIS AGREEl\1ENT, made and entered into on the day of ,2005, 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 final approval of the PLAT; WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and final plat and the DEVELOPMENT PLANS, and the same have been approved by the CITY, WHEREAS, in conjunction with the granting of final plat approval and other approvals, the CITY requires the installation of: a. 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 undeliakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the anlount 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 tenns and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: - n - ARTICLE L DEFINITIONS 1.1 TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT CONTRACT, shall have the following meanings as set forth below. 1.2 CITY. "CITY" means the City of Columbia Heights, a J\1innesota municipal corporation. 1.3 DEVELOPER: OWNER. BUILDER. "DEVELOPER - OWNER" means Huset Park Development Corporation, a Minnesota Corporation. 1.4 PLAT. "PLAT" means the plat of PARK VIEW, Phase I, in the City of Columbia Heights, Anoka County, Minnesota. 1.5 DEVELOPMENT PLANS. "DEVELOPMENT PLANS" means all those plans, drawings, specifications and surveys identified and checked on the attached Exhibit A, and hereby incorporated by reference and made a part of this DEVELOPMENT CONTRACT. 1.6 DEVELOPMENT CONTRACT. "DEVELOPMENT CONTRACT" means this instant contract by and among the CITY, OWNER and DEVELOPER. 1. 7 COUNCIL. "COUNCIL" means the Council of the City of Columbia Heights. 1.8 PWD. "PWD" means the Public Works Department of the City of Columbia Heights. 1.9 DIRECTOR OF PWD. "DIRECTOR OF PWD" means the Director of Public Works Department of the City of Columbia Heights and his delegates. 1.10 COUNTY. "COUNTY" means Anoka County, Minnesota. 1.11 DEVELOPER IMPROVEMENTS. "DEVELOPER IMPROVEMENTS" means and includes all the improvements identified on the attached Exhibit B. 1.12 DEVELOPER PUBLIC IMPROVEMENTS. "DEVELOPER PUBLIC IMPROVEMENTS" means and includes, jointly and severally, all the improvements identified and checked on the attached Exhibit B that are further labeled "public". DEVELOPER PUBLIC IMPROVEMENTS are improvements to be constructed by the DEVELOPER within public right-of-way and which are to be approved and later accepted by the CITY. DEVELOPER PUBLIC IMPROVEMENTS are part of DEVELOPER IMPROVEMENTS. 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes, jointly and severally, any ofthe following or any combination thereof: - 7 - a) 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 constmct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach ofthe DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tomadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, and fires or explosions. 1.15 DEVELOPER WARRANTIES. "DEVELOPER WARRANTIES" means that the Developer hereby warrants and represents the following: A. AUTHORITY. Developer is a corporation, validly existing and in good standing under the laws of the State of Minnesota. 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 connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT CONTRACT. B. 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 bOlmd by any mortgage, lien, lease, agreement, instmment, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any ofthe transactions provided for in this DEVELOPMENT CONTRACT. C. 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, enviromnental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER - R - IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, pennits and licenses and any applicable zoning, enviromnental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLA..NS and the DEVELOPER IIv!PROVEMENTS. E. NO LITIGATION. To the best of Redeveloper's knowledge, and except for as specifically contemplated by the Redevelopment Contract by and between the parties dated October 25,2004, there is no suit, action, arbitration or legal, administrative or other proceeding or govermnental 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 material default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. F. 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. . G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be perfonned 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. H. OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. 1.16 CITY WARRANTIES. "CITY WARRANTIES" means that the CITY hereby warrants and represents as follows: A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws ofthe State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. - 9- 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: Tf to. rrT'v. ..... I.V ................. ..... . City of Columbia Heights Attention: City Manager 590 40th Avenue N.E. Columbia Heights, Minnesota 55413 If to DEVELOPER Huset Park Development Corporation c/o Brad Schafer 500 Banks Building 615 First Avenue NE Minneapolis, Minnesota 55413, and or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. ARTICLE 2 DEVELOPER IMPROVEMENTS 2.1 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 tIns 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 ofthis contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydroseed in all boulevards within 21 days of the completion of street - 10- 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. 2.3 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. 2.4 OCCUPANCY. Unless otherwise agreed to by the City, 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 Site Landscaping and Site Street Lighting, which may be a condition subsequent. 2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing pla.llS and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be reasonably approved in writing by the DIRECTOR OF PWD; provided however that the CITY hereby specifically approves Frattalone Companies, Inc., BKBM Engineers, and RLK- Kuusisto for such purposes. 2.6 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. 2.7 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, sub grade 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. - 11 - 2.8 FAITHFUL PERFORMANCE OF CONSTRUCTION CONTRACTS. The DEVELOPER shall fully and faithfully comply with all terms of any and all contracts entered into by the DEVELOPER for the installation and construction of all of the DEVELOPER PUBLIC IMPROVEMENTS; and the DEVELOPER shall obtain lien waivers. Within thirty (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 two (2) years after acceptance of the DEVELOPER PUBLIC n-.1PROVEMENTS by the CITY becomes defective in the commercially reasonable judgment of the City. 2.9 CITY ACCEPTANCE. The DEVELOPER shall give FORMAL NOTICE to the CITY within thirty (30) days once DEVELOPER PUBLIC IMPROVEMENTS have been completed in accordance with this DEVELOPMENT CONTRACT and the ordinances, CITY standards and specifications and the DEVELOPMENT PLANS. The CITY shall then inspect the DEVELOPER PUBLIC IMPROVEMENTS and notify the DEVELOPER of any DEVELOPER PUBLIC IMPROVEMENTS that do not so conform. Upon compliance with this DEVELOPMENT CONTRACT and CITY ordinances, standards and specifications, and the DEVELOPMENT PLANS, the DEVELOPER PUBLIC IMPROVEMENTS shall become the property of the CITY upon FORMAL NOTICE of acceptance by the CITY. After acceptance, the DEVELOPER PUBLIC IMPROVEMENTS become the property of the CITY. Ifthe DEVELOPER PUBLIC IMPROVEMENTS do not conform, FORMAL NOTICE shall be given to the DEVELOPER of the need for repair or replacement. ARTICLE 3 RESPONSIBILITY FOR COSTS 3.1 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. 3.2 ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement ofthis DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 3.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thiliy (30) days shall accrue interest at the rate of 6% per year. - 12 - ARTICLE 4 DEVELOPER WARRANTIES 4.1 STATEMENT OF DEVELOPER WARRANTIES. The Developer hereby makes and states the DEVELOPER WARRANTIES. ARTICLE 5 CITY WARRANTIES 5.1 STATEMENT OF CITY WARRANTIES. The City hereby makes and states the CITY WARRANTIES. ARTICLE 6 INDEMNIFICATION 6.1 INDEMNIFICATION OF THE CITY. DEVELOPER shall indemnify, defend and hold the CITY its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys' fees, that the CITY incurs or suffers, which arise out of, results from or relates to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER PUBLIC llvIPROVEMENTS 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; e) failure by the DEVELOPER to pay for materials; f) failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC llvIPROVEMENTS; g) construction ofthe DEVELOPMENT PUBLIC llvIPROVEMENTS. - n- ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. Ifa 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 ofthe 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. Ifthe DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEF AUL T 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 performed 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 performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting there from, including but not limited to notice and 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 Minn. Stat. 429.081. - 14 - 7.2 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. 7.3 NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT CONTRACT or now or hereafter existing at law or in equity or by statute; provided however that the CITY shall not have the power to exercise both the remedy provided by Section 7.1 ( c) and, concurrently or sequentially, the remedy provided by Section 7.1 ( e). 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. 7.4 EMERGENCY. Notwithstanding the requirement relating to FORMAL NOTICE to the DEVELOPER in case of a DEVELOPER DEF AUL T 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 ofPWD, 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 DEF AUL T. 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. ARTICLE 8 ESCROW DEPOSIT 8.1 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. -1'\- All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until the earlier of the acceptance by the City ofthe Redeveloper Public Improvements or release by the CITY. The irrevocable letter of credit shall be for a term ending December 31, 2007. In the alternative, the letter of credit may be for a one year term provided it is automatically renewable for successive one year periods 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 ifthe bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms ofthis DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a. A DEVELOPER DEFAULT; or b. Upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 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%) ofthat 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% ofthe estimated amount necessary to correct the deficiency or to protect against deficiencies arising there fi.-om. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the - Hi - CITY may, in the altemative, require the concealed condition to be exposed for inspection purposes. ARTICLE 9 MISCELLANEOUS 9.1 CITY'S DUTIES. The terms of tIns DEVELOPMENT CONTRACT shall not be considered an affinnative duty upon the CITY to complete any DEVELOPMENT IMPROVEMENTS. 9.2 NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT CONTRACT. 9.3 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 ofthis DEVELOPMENT CONTRACT. 9.4 RECORDING. The DEVELOPMENT CONTRACT and PLAT shall be recorded with the COUNTY Recorder and the DEVELOPER shall provide and execute any and all documents necessary to implement the recording. 9.5 BINDING AGREEMENT. The parties mutually recognize 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. 9.6 CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT CONTRACT without the written permission ofthe COUNCIL. The DEVELOPER's obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 9.7 AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT CONTRACT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT CONTRACT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT CONTRACT, waive compliance by another with any of the covenants contained in this DEVELOPMENT CONTRACT and performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under tIns DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT - 17 - 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. 9.8 GOVERNING LAW. This DEVELOPMENT CONTRACT shall be governed by and construed in accordance with the laws of the State of Minnesota. 9.9 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. 9.10 HEADINGS. The subject headings of the paragraphs and subparagraphs ofthis DEVELOPMENT CONTRACT are included for purposes of convenience only, and shall not affect the construction of interpretation of any of its provisions. 9.11 INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words ofthis DEVELOPMENT CONTRACT or ifthe 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. 9.12 ACCESS. The DEVELOPER hereby grants to the CITY, its agents, employees, officers, and contractors a license to enter the PLAT to perform all inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS by the DEVELOPER. 9.13 LANDSCAPING. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a) All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy and building. This requirement shall be based on the landscaping and screening materials for Block 1, for each building (lot grouping). 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 materials for a period of time to include at least two (2) growing seasons, as defined by MnDOT. A portion of the letter of credit or other security as acceptable to the CITY may be released after one growing season as determined by the Director of Public Works. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced immediately, or within the next planting season if required by the weather. - 1 R - 9.14 PARK DEDICATION. Subject to reduction for all applicable existing credits in favor ofthe Redeveloper, and except as those credits are applied to offset otherwise applicable dedication fees as provided by the Redevelopment Contract, the City hereby determines Park dedication fees in the amount of $750.00 per unit, and that such fees be paid at Final Plat Approval by the City Council, to be deposited in City Fund 412, Parks Capital Improvements. The calculation shall be as provided in Appendix C. 9.15 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon completion ofthe DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as-built" condition ofthe DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion ofthe DEVELOPER IMPROVEMENTS. 9.16 ADDITIONAL AGREEMENTS. A. 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 Storm Water Pond and Appurtenances Maintenance Agreement, which is in a form that is reasonably acceptable to the CITY's attorney. B. The DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction ofthe work and improvements and the special assessment resulting there from, including but not limited to notice and hearing requirement and any claim that the special assessments exceed benefit to the PLAT for City project 0404, Huset Parkway. The DEVELOPER and OWNER hereby waive any appeal rights pursuant to Minn. Stat. 429.081 in conjunction with the Huset Parkway Public Improvement Project No. 0404. C. The OWNER and the CITY hereby agrees that the maintenance costs of the large storm water pond located at the northeast comer of 5th Street and Huset Parkway shall be shared by the DEVELOPMENT and CITY on an even 50/50 split. Necessary maintenance activities shall be conducted or cause to be conducted by the CITY, with said costs billed to the DEVELOPMENT by the CITY, payable within 30 days. In order to enforce the provisions of this Section 9.161, the governing documents of all homeowners' associations (collectively, the "HOA") shall be subject to the reasonable review and approval of the City Attorney to assure that the HOA's documents include a requirement that the storm sewer grit removal chamber(s) shall be cleaned and inspected annually (or more frequently if necessary), with written notification of completion to be provided alIDually to the DPW. - 19 - 9.17 RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration ofthe Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS, the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. The CITY agrees to cooperate with the DEVELOPER to process a recordable release of this DEVELOPMENT CONTRACT for title purposes provided that said improvements have been completed and said warranties have expired. IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS DEVELOPER: HUSET PARK DEVELOPMENT CORPORATION By: By: Gary L. Peterson, Mayor Brad Schafer By: Its Walt R. Fehst, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) - 20- On this day of ,2005, before me a Notary Public within and for said County, personally appeared to me Gary Peterson and Walt Fehst, personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Manager of the City of Columbia Heights, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed in behalf of said municipality by authority of its City Council and said Mayor and City Manager acknowledged said instrument to be the free act and deed of said municipality. Notary Public STATE OF MINNESOTA ) ) ss. COUNTYOFANOKA ) On this day of ,2005, before me a Notary Public within and for said County, personally appeared Brad Schafer, to me personally known, who being by me duly sworn, said that he is the of Huset Park Development Corporation, named in the foregoing instrument, and that said instrument was signed in behalf of said Huset Park Development Corporation, a Minnesota Corporation by authority of its Board of Directors, and said Brad Schafer acknowledged said instrument to be the free act and deed of Huset Park Development Corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Kevin Hansen, P .E. Public Works Director/City Engineer City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 763/706-3705 J ames Hoeft City Attomey Bama, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783-5122 - 21 - PLAN DESCRIPTION EXHIBIT A LIST OF DEVELOPMENT PLANS DESIGN PLAN DATE 1. fi.."..lnnm..nt PI<lt .A-"'" 'J -...""1'.........-.......... ..a. ........... P.LK- Kuusisto 5/09/05 2. Erosion Control and Grading Plan BKBM Engineers 6/15/05 3. Street Plan (Private) BKBM Engineers 6/15/05 4. Utility/Site Plan (Public/Private) BKBM Engineers 6/15/05 5. Landscape Plan 6. Street Light Plan 7. Other RLK-Kuusisto 5/09/05 RLK-Kuusisto 5/09/05 - 22- EXHIBIT B DEVELOPER PUBLIC IMPROVEMENTS The items checl{ed ,,,ith "PUBLIC" belo,v are those DE,TELOPER IMPROVEMENTS that are DEVELOPER-PUBLIC IMPROVEMENTS. CHECKED COMPLETION DATE IMPROVEMENT 12/31/05 Grading Plan X Public 12/31/05 Utilities (Sanitary Sewer and Water Mains) 12/31/05 Utilities (Storm Sewer) 6/31/06 Streets (Plat) 12/31/06 Landscaping 12/31/06 Street Lighting Note: Pursuant to Section 2.4, all Developer Improvements must be completed prior to the final occupancy of any building on Park View, Phase I, except for the Site Landscaping and Site Street Lighting, which may be a condition subsequent. - 21- EXHIBIT C ESCROW AND PARK DEDICATION CALCULATION(S) DEVELOPER IMPROVEMENTS 1. Erosion Control/Restoration $ 75,000 2. Utilities $ 846,875 3. Public Street Connections $ 25,000 4. Landscaping (incl. Retaining Walls) $ 470,000 5. Street Lighting $ 52,500 MUL TIPLIED BY: 1.25 EQUALS: $ 1,836,725 For the above work, DEVELOPER shall post escrow* for $ 1,836,725. (* Form in accordance with Section 8.1 of this agreement.) 1. Park Dedication $750.00 per unit MUL TIPLIED BY: 123 dwelling units EQUALS $ 92,250.00 Less: Land Area Credits Land area contributed: 48,325 square feet Times $2.75 per square foot Total land area credit $132,893.75 Divided by Estimated total dwelling units 500 Equals $265.79 per unit land area credit Multiplied by 123 dwelling units Equals $32,692.17 Total land area credit Net Park Dedication Fee $59,557.83 - 24- 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. 7/25/05 8/18/05 - 2) - TIlls instrument drafted by: Hellmuth & Johnson, PLLC 10400 Viking Drive, Suite 500 Eden Prairie, MN 55344 (952) 941-4005 MASTER DECLARATION cOO P ARK VIEW MASTER DECLARATION PARK VIEW This Master Declaration (the "Master Declaration"), is made and executed this _ day of 200_, by THE RYLAND GROUP, INC., a Maryland corporation ("Master Declarant). WITNESSETH WHEREAS, Master Declarant owns or has contracted to purchase certain reiil property located in Anoka County, Minnesota, and legally described in Exhibit A attached hereto (the "Development"); and WrIEREAS, Master Declarant also owns or has contracted to purchase the real property legally described in Exhibit C attached hereto (the "Additional Property"), and has the exclusive right to add all or any part of the Additional Property to the Development; and WHEREAS, Master Declarant intends to establish a general plan and uniform scheme of development and improvement for the Development, as described in the Governing Documents, as a residential development containing townhome style single family attached Dwellings, condominium style single family attached Dwellings and related common grounds; and WHEREAS, Master Declarant has established the Master Association, as defined in this Master Declaration, to act as a "master association" within the meaning ofthe Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B, as amended ("the Act"), for the purpose of governing the Development; and WHEREAS, the real property governed by the Master Association will include real property subject to the Act, as described in this Master Declaration; and WHEREAS, Master Declarant wishes to provide for the governance of the Development; the enforcement of the covenants, conditions and restrictions contained in this Master Declaration, and the preservation of the property values, the amenities and the architectural character of the Development, and to this end 'wishes to subject the Development to the covenants, restrictions, easements, reservations, assessments, charges, liens and other impositions described in this Master Declaration. THEREFORE, Master Declarant subjects the Development to this Master Declaration, declaring that this Master Declaration shall constitute covenants to run with the Development, and that the Development and all Additional Property added thereto, shall be owned, used, operated, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens described in this Master Declaration, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The definitions in this Master Declaration are for reference only, and shall not affect any apparently similar or related definitions contained in any governmental law, ordinance or regulation. Terms not otherwise defined shall have the meanings ascribed to them in the Act. The following terms, as used in this Master Declaration, shall have the following meanings: 1.1. "Additional Property" shall mean and refer to the real property described in Exhibit C attached hereto, and all improvements located thereon, now or in the future, which Additional Property the Master Declarant has the unilateral right to add to the Development. 1.2. "Architectural Control Committee" or "A.C.C." shall mean and refer to that permanent committee of the Master Association created for the purpose of establishing and enforcing architectural standards for the construction and modification of Improvements. 1.3. "City" shall mean and refer to the City of Columbia Heights. 1.4. "Common Area" shall mean and refer to all portions of the Development, or interests therein, now or hereafter owned by the Master Association and intended for the common use and enjoyment of the Owners and Occupants and their invitees. The Common Area is legally described in Exhibit B attached hereto. 1.5. "Common Expenses" shall mean and refer to all expenditures lawfully made or incurred by the Master Association on behalf of itself or the Community Associations, as the context may require, and incident to their operation, including without limitation any allocations to reserves. 1.6. "Community" shall mean and refer to a group of two or more Units which are designated as a Community in accordance with Section 3.3 of this Master Declaration, and governed by a Community Association and the Master Association. 1.7. "Community Assessment" shall mean and refer to an assessment levied against some or all the Units in a certain Community in accordance with Section 6.5 of this Master Declaration. 1.8. "Community Association" shall mean and refer generally to the association governing a given Community, and, specifically, Park View of Huset Park Condominium Association, or its successors, which governs the Park View Condominium Community; Park View of Huset Park Townhome Association, or its successors, which governs the Park View Townhome Community. 1.9. "Community Board" shall mean and refer to the board of directors of each Community Association. 2 1.10. "Community Governing Documents" shall mean and refer to the articles of incorporation, bylaws and declaration governing each of the Communities. 1.11. "Community Plat" shall mean the recorded plat or part thereof depicting each Community pursuant to the requirements of the Act, or Minnesota Statutes Chapter 505, 508 or 508A, as applicable, including any amended plat, supplemental plat or replat recorded from time to time. 1.12. "Community Propertv" shall mean 3...Tld refer to all real property which is subject to the Community Governing Documents of each Community. ' 1.13. "Community Rules" shall mean and refer, collectively, to rules which apply only to each Community, as adopted from time to time by each Community Board, and approved by the Master Association. 1.14. "Development" shall mean and refer to all of the real property stlbject to this Master Declaration from time to time, together with all Improvements located thereon. 1.15. "Dwelling" shall mean and refer to a part of a building consisting of one or more floors, designed and intended for occupancy as a residence for a single family and located in the Community. A Dwelling includes any garage located within the boundaries of the Unit in which the Dwelling is located, or which is located within the Common Elements but allocated to that Unit. 1.16 "Eligible Mortgagee" shall mean any Person owning a mortgage on any Unit (as such term is defined hereinafter), which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Master Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.17. "General Assessment" shall mean and refer to a Master Assessment levied against all Units under Section 6.2 of this Master Declaration. 1.18. "Governing Documents" shall mean and refer to the Master Governing Documents and the Community Governing Documents, collectively or in the alternative. 1.19. '''Improvement'' shall mean and refer to all structures or improvements of any kind, including without limitation any building, wall, fence, sign, playground, patio, utilities system, driveway, Roadway, decorative structure, monument, planting, landscaping, grading, or any other type of structure or physical improvement, whether the purpose is decorative or otherwise, and any additions or changes thereto. 1.20. "Limited Assessment" shall mean and refer to a Master Assessment levied against fewer than all of the Units in a Community in accordance with Section 6.4 of this Master Declaration. 1.21. "Master Articles" shall mean and refer to the Articles of Incorporation of the Master Association as they may exist from time to time. '"l .J 1.22. "Master Assessment" shall mean and refer, collectively, to all assessments levied by the Master Association, other than Community Assessments, under Section 6 of this Master Declaration. 1.23. "Master Association" shall mean and refer to Park View Master Association, a nonprofit corporation created pursuant to Minnesota Statutes Chapter 317 A, and Section 515B.2-121 of the Act, and its successors and assigns. The Master Association is a "master association" as defined in the Act. 1.24. "Master Board" shall mean and refer to the board of directors of the Master Association, which is the governing body of the Master Association. 1.25. "Master Bvlaws" shall mean and refer to the bylaws of the Master Association as they may exist from time to time. '" 1.26. "Master Declarant" shall mean and refer to THE RYLAND GROUP, INC., a Maryland corporation, and its successors and assigns, and to any Person who, pursuant to the terms of this Master Declaration or the Act, succeeds to any Master Declarant Rights. 1.27. "Master Declarant Control Period" The time period during which Master Declarant has the exclusive right to appoint the members of the Master Board and the officers of the Master Association, as described in Section 12 of this Master Declaration. 1.28. "Master Declarant Rights" shall mean and refer to the exclusive rights reserved to Master Declarant to control the Master Association and complete the development of the Development, as described in Sections 12 and 13 of this Master Declaration. 1.29. "Master Declaration" shall mean and refer to this instrument and all exhibits hereto, as amended from time to time, recorded in the office of the Anoka County Recorder/Registrar of Titles, as the case may be. 1.30. "Master Governing Documents" shall mean and refer to iliis Master Declaration, and the Master Articles and Master Bylaws, as amended from time to time, all of which shall govern the use and operation of the Development. 1.31. "Master Rules" shall mean and refer to rules, as adopted from time to time by the Master Board, which apply to the entire Development. 1.32. "Member" shall mean and refer to a member of the Master Association, as defined in Section 3.4 of this Master Declaration. 1.33. "Mortgagee" shall mean and refer to a Person which is the holder of a loan secured by a mortgage on any portion of the Development, and its successors and assigns. 1.34. "Occupant" shall mean and refer to any person other than an Owner occupying or otherwise using a Unit. 4 1.35. "Owner" shall mean and refer to the owner of a Unit. "Owner" shall exclude any mortgagees, contract for deed vendors and other secured parties within the meaning of Section 515B.I-I03(30) of the Act, and any Person holding only a future interest in a Unit. 1.36 "Park View Condominium" shall mean and refer to the Park View Condominium, Common Interest Community No. _, located in Anoka County, Minnesota. 1.37 "Park View Townhomes" shall mean and refer to Park View Townhomes, Common Interest Community No. 220, located in Anoka County, Minnesota. 1.38. "Person" shall mean and refer to a natural person, corporation, limited liability company, partnership, limited liability partnership, trust, or other legal entity. 1.39 "Roadway" shall mean and refer to any street, trail, path, walk or other thoroughfare within the Development, except for public roads and highways, trails and parking areas, which is constructed by or with the approval of Master Declarant or the Master Association for the common use of some or all of the Owners. 1.40. "Rules" shall mean and refer to the Master Rules and the Community Rules, collectively or in the alternative. 1.41 "Special Assessment" shall mean and refer to a Master Assessment levied against all Units in accordance with Section 6.3 of this Master Declaration. 1.42. "Unit" shall mean any Unit as defined in the Community Governing Documents of the Community subject to this Master Declaration and shown on the plat of the Community, including all Improvements thereon, but excluding the Common Area. SECTION 2 THE DEVELOPMENT AND ADDITIONAL PROPERTY 2.1. Development. The Development subject to this Master Declaration is described in Exhibit A attached hereto. That part of the Development designated as Common Area is described in Exhibit B. The designation of any part of the Development as Common Area shall not mean or imply that the public-at-large acquires any easement of use or enjoyment therein or access thereto, except as expressly set forth in this Master Declaration or other recorded instruments approved by Master Declarant. 2.2. Annexation of Additional Property. Master Declarant may at any time and from time to time, subject all or any part of the Additional Property to this Master Declaration as part of the Development. This right shall be exercised by Master Declarant in accordance with the provisions of Section 13 ofthis Master Declaration. Any Additional Property so annexed may be designated as Units or as Common Area or as any combination thereof. 5 2.3. Interests Subiect to Plan of Development. Every Owner and any secured party or other Person holding an interest in a Unit shall take title or hold such interest subject to Master Declarant's rights pursuant to this Master Declaration. Notwithstanding anything to the contrary in this Master Declaration, Master Declarant's rights or obligations under the Master Governing Documents may not be changed in whole or in part without the prior written consent of Master Declarant, which consent may be granted or denied in Master Declarant's sole and absolute discretion. SECTION 3 ASSOCIATION STRUCTURE, AUTHORITY AND MEMBERSHIP 3.1. Formation and Purposes. Master Declarant has caused the Master Association to be formed by the filing of Articles of Incorporation with the State of Minnesota. The Master Association is formed (i) to own, operate, and maintain the Common Area and certain e~terior portions of the Units; (ii) to administer and enforce the covenants, conditions, restrictions, and other obligations set forth in the Governing Documents and the Rules; and (iii) to preserve and enhance the architectural and environmental character and value of the Development. 3.2. Authority and Administration. The operation and administration of the Master Association shall be governed by the Master Governing Documents, the Master Rules, the Act and the Minnesota Non-profit Corporation Act, Minnesota Statutes Chapter 317 A (the "Corporate Act"). The Master Association shall, subject to the rights of the Members set forth in the Master Governing Documents, be responsible for the operation, management and control of the Development. 3.2.1. The Master Association shall have all powers described in the Master Governing Documents, the Act (including, but limited to, those powers described in Section 515B.2-121,(t)(1)(v)), the Corporate Act and any other applicable laws. 3.2.2. All power and authority of the Master Association shall be vested in the Master Board, unless action or approval by the Members is specifically required by the Master Governing Documents or the Act. All references to the Master Association shall mean the Master Association acting through the Master Board unless specifically stated to the contrary. 3.2.3. The Master Association shall act as a "master association" within the meaning of Section 515B.2-121 of the Act. As such, the Master Association shall have the power to exercise all powers delegated pursuant to the Community Governing Documents relating to the operation and maintenance of the Development on behalf of its Members and all Owners and Occupants, except to the extent that such powers are expressly reserved to the Members in the Governing Documents or relinquished by the Master Association as provided in th~ Master Governing Documents. Pursuant to Section 515B.2-121(f)(1)(iv), the Master Board has not refused the delegation of such powers. The Community Governing Documents shall contain provisions delegating such powers of the Community Associations to the Master 6 Association, as contemplated by this Master Declaration. Except to add additional real estate as authorized in the Community Governing Documents, no Community Governing Documents shall be amended or changed in any way which increases the duties or obligations of or otherwise adversely affects the Master Association without the prior written approval of the Master Association, and Master Declarant so long as it owns an unsold Unit for sale or has the unexpired right to subject any Additional Property to this Master Declaration. 3.2.4. It is recognized that, while the Master Association's primary purposes relate to the operation and maintenance of the Development, the interests of the Members may be served by sharing services with the owners of adjoining property which is not subject to this Master Declaration. Accordingly, the Master Association may contract to engage in joint undertakings with, and to provide services to or share services with, the owners and users of adjoining property which is not subject to this Master Declaration when such arrangements benefit the Master~Association. 3.3. Communities. The Communities which are subject to this Master Declaration shall consist of the Park View Townhomes and Park View Condominium, all of which property is or is intended to be located in Anoka County, Minnesota. Each Community is or will be subject to a separate recorded declaration containing covenants, conditions, restrictions and easements consistent with the Master Governing Documents. All powers accruing to the Community under the Community Governing Documents shall be delegated to the Master Association as provided in Section 3.2 of this Master Declaration. 3.3.1. A Community shall be created by, and the Units within a Community shall be subject to, a recorded declaration containing covenants, conditions, restrictions and easements consistent with the Master Governing Documents. Each amendment to this Master Declaration subjecting Additional Property to this Master Declaration shall identify to which Community the Additional Property shall belong, and legally describe the Additional Property. 3.3.2. A Community Association may petition the Master Association to provide a different level of services or special services for the benefit of the Units in that Community. Upon receipt of a petition, the Master Association shall provide the requested services if it is reasonably able to do so. The cost of such services shall be assessed against the Units within the requesting Community as a Community Assessment, or against only the Units in that Community which are benefited in the case of a Limited Assessment, as part of the Master Assessment. 3.3.3. A Community Board shall be elected by the Owners of Units which are located in that Community. The Community Board shall represent the Owners in all matters with respect to the Master Association, including voting, as more fully described in this Section 3 and the Master Bylaws. 7 3.4. Membership. Membership in the Master Association shall be governed by the following qualifications: 3.4.1 The Park View Townhomes shall have two (2) memberships in the Master Association, and the Park View Condominium shall have one (1) membership in the Master Association, each subject to the qualifications set forth in this Section 3.4. The memberships shall attach to each Community Association at the time the declaration governing that Community is recorded. Except as expressly provided in this Master Declaration, memberships shall be appurtenant to and shall not be separated from the Community Association to which they are attached, and shall be automatically transferred to any successor Community Association. 3.4.2. Rights with respect to a membership shall be exercised by each Community Board on behalf of the Owners whose Units are located in that Community. 3.4.3. No Person holding a security interest in any part of the Development shall be a Member solely by reason of such interest. .. 3.4.4. No additional memberships in the Master Association may be created. 3.5. Member Voting. There shall be a single class of voting Members. With respect to matters of which the Members are entitled to vote, each Member shall be entitled to a number of votes equal to the number of directors which it is entitled to elect to the Master Board, as provided in the Master Bylaws. The vote shall be exercised by the Members as provided in the Master Bylaws. 3.6. Master Bylaws. The Master Association shall have Master Bylaws. The Master Bylaws shall govern the operation and administration of the Master Association, subject to this Master Declaration in the event of a conflict. The Master Bylaws shall be binding upon all Members, Owners and Occupants, and their invitees, all secured parties and all other Persons holding or acquiring any interest in the Development. 3.7. Master Board. The Master Association's affairs shall be administered and managed by the Master Board, as provided in the Master Bylaws. Directors shall be elected, serve and exercise their powers as provided in the Master Bylaws. 3.8. Scope and Binding Effect of Actions. All agreements and determinations made by the Master Association in accordance with the powers and purposes established by the Master Governing Documents shall be binding upon all Persons having any interest in or using the Development. 3.9. Management. The Master Board may delegate to a manager or managing agent the management duties imposed upon the Master Association's officers and directors by the Master Governing Documents. However, such delegation shall not relieve the officers and directors of the ultimate responsibility for the performance of their duties as prescribed by the Master Governing Documents and by law. Such professional management shall be by a managing agent appropriately licensed by the applicable govemmental or quasi-governmental agencies. The Community 8 Associations shall be managed by the same professional management agent as the Master Association. 3.10. Rules. The Master Board shall have authority to adopt and implement such reasonable Master Rules and approve and implement such Community Rules as it deems necessary from time to time for the purpose of operating and administering the affairs of the Master Association and regulating the use of the Development; provided that (i) the Rules shall not be inconsistent with the GoveITling Documents, or t.lJe Act; alld (ii) approval of the Communit"j Rules shall not be unreasonably withheld. The inclusion in other parts of the Master Governing Documents of authority to approve Rules shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section. New or amended Master Rules shall be effective only after reasonable notice thereof has been given to the Members and Owners. Community Rules shall be approved and implemented only after good faith consultation with the Community Board promulgating the same. ~'" 3.11. Appointment of Officers and Directors by Master Declarant. Notwithstanding anything to the contrary in the Governing Documents, from and after the date of recording of this Master Declaration, Master Declarant shall have the right to appoint the officers and directors of the Master Association for the Master Declarant Control Period as set forth in Section 12.6. SECTION 4 PROPERTY RIGHTS AND COMMON ELEMENTS 4.1. General. Although the Memberships in the Master Association are attached to the Communities, the rights, easements and obligations created by the Master Governing Documents are also intended to benefit the Owners and Occupants in the Communities and their invitees. Except as expressly provided in this Master Declaration, the rights, easements and other obligations attributable to a Unit shall pass with the title to the Unit as an appurtenance thereto, whether or not specifically described. 4.2. Title to Common Area. Title to any portion of the Development constituting Common Area shall be conveyed to the Master Association upon the recording of this Master Declaration against the property constituting such Common Area. When Additional Property is subjected to this Master Declaration, title to that portion of such Additional Property constituting Common Area shall be conveyed to the Master Association. Common Area shall be conveyed subject only to: (i) the lien of real estate taxes not yet due and payable; (ii) this Master Declaration and all easements, covenants and restrictions of record; (iii) utility easements serving or otherwise encumbering the Development and/or Additional Property; and (iv) any exceptions which would be apparent from a surveyor physical inspection of the property in question. 4.3. Acquisition of Property By Master Association. The Master Association shall have the power and authority to acquire and hold title to such interests in real and personal property as it may deem beneficial to its Members, without subjecting such property to this Master Declaration. Such interests may include fee simple or other ownership interests, liens, leaseholds, easements, licenses or any other possessory or use interests. 9 4.4. Members' Rights and Easements. Subject to the provisions of this Master Declaration, all Members and Owners shall have the rights and easements described in Section 5 of this Master Declaration, all of which shall be appurtenant to and pass with the title to each Unit. The rights and easements shall be for the benefit of the Owners and Occupants, and their invitees. All Units, and the rights and easements of the Members, Owners and Occupants, shall be subject to the following: 4.4.1. The rights of the Master Association and Master Declara..TJ.t under the Governing Documents, the Rules, the Act and other applicable law. 4.4.2. The right of the Master Association to operate and maintain those parts of the Development for which it is responsible. 4.4.3. The right of the Master Association to borrow money for the purpose of improving the Common Area or any portion thereof and, in connection ~erewith, to mortgage or otherwise encumber the Common Area; provided, that the lien of such a Mortgage shall be subject and subordinate to this Master Declaration. 4.4.4. The right of the Master Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure. 4.4.5. The right of the Master Association to suspend the rights of any Owner, as described in Section 11, provided that this limitation shall not be construed to deny or limit access by an Owner to his or her Unit, or utilities serving the same. 4.4.6. The right of the Master Association to transfer title to all or any portion of the Common Area, or to grant easements, leases and licenses through, over or under the Common Area, as provided in the Master Governing Documents. 4.4.7. Restrictions, easements or conditions of'record or referred to in this Master Declaration or contained in any plat of all or any portion of the Property or any Additional Property. 4.4.8. In case of any emergency threatening any Dwelling or other Improvement, or Person, the right of the Master Association or its management agent, to immediately enter any affected Dwelling or Unit for the purpose of remedying or abating the cause of such emergency. 4.4.9. The right of fire, police, health, sanitation and other public service personnel and vehicles to have access to the Development for the purpose of performing their authOlized duties. 4.4.10. The rights of the Master Association to levy assessments, including filles and charges, or to pursue other remedies, in accordance with this Master Declaration. 10 4.5. Dissolution or Liquidation. Effective immediately upon any dissolution or liquidation of the Master Association, the Members shall hold title to the Common Area as tenants in common and shall collectively provide for the continued operation and maintenance thereof in accordance with the Master Governing Documents. Alternatively, the Master Association may, incident to such dissolution or liquidation, convey some or all of the Common Area to a governmental agency, a nonprofit or municipal corporation, or any other legal entity, having as one of its primary purposes the maintenance and preservation of real or personal property similar to that within the Development. Any dissolution or liquidation sholl be accomplished in accordance \vith applicable law. SECTION 5 EASEMENTS The following appurtenant easements and rights are hereby granted or reserved over, under, across and through the Common Area. 5.1. Utilities. Non-exclusive easements in favor of Master Declarant, the Master Association, and any public authority or agency, or public or private utility (as applicable) for the installation, maintenance, repair and replacement of storm and sanitary sewers, drainage systems, retention ponds and related facilities, irrigation systems, and electrical, gas, telephone, water and other utility lines, on, under and across those parts of the Common Area designated for such easements, and for access to all public utility facilities located on land adjacent to .the Development. Persons exercising these easement rights shall take reasonable care not to damage surrounding improvements, and shall promptly repair any damage caused during the exercise of any easement rights. In addition, the Master Association shall have the right (but shall have no obligation) to grant other general or specific easements for utilities of any type throughout the Common Area. 5.2. Communications. A non-exclusive easement in favor of authorized providers of cable and satellite television and other communications services for the purpose of installing, replacing, repairing, maintaining and using master television antenna, cable systems, security, communications and similar systems. The installer and provider of such services shall promptly repair any damage caused during the exercise of any easement rights. If the Master Association so chooses, it may elect to contract for cable or satellite television service on a bulk rate basis, the cost of which would be a Common Expense. 5.3. Governmental Authoritv. A non-exclusive easement in favor of the City and other applicable governmental authority or agency as shall from time to time have jurisdiction over the Development, upon and across the Development for purposes of performing such duties related to law enforcement, fire protection, life safety, health and sanitation as shall be required from time to time, and for constructing, maintaining, operating and replacing utilities owned by it and related improvements and landscaping; provided, the City is granted this discretionary right and easement solely as a precautionary power to deal with future unforeseen circumstances. In the event the City or its agent must enter upon the Development to maintain, repair or replace any portion of the public water or sewer system, then the City shall have no obligation to restore any landscaping or asphalt damaged as a result of such maintenance, repair or replacement of such public water or 11 sewer system. All restoration shall be the responsibility and obligation of the Master Association, unless such damage is the result of the negligence of the City, where, but for such negligence, no damage would have occurred, in which case the City shall be obligated to restore such landscaping or asphalt damage resulting from the City's negligence at the City's sole cost and expense. 5.4. Master Declarant Ri!Zhts. Exclusive easements in favor of Master Declarant for the exercise of its Master Declarant Rights, which easements shall terminate when Master Declarant no longer owns a.Unit or has a right to add Additional Property to the Development, whichever is later.' 5.5. Ingress and Egress: Parking. A non-exclusive easement in favor of Owners and Occupants, and their invitees for access between their properties and public streets, on and across Roadways and other portions of the Common Area designated by the Master Board for such purposes, and for parking in common parking areas within the Development, subject to this Master Declaration and the Master Rules. Roadways are not public streets, and the City has no responsibility for their maintenance, nor any obligation or intent to accept such Roadways as public""Streets at any time in the future. 5.6 Easement for Mailboxes. A non-exclusive easement in favor of Owners, Occupants, the Master Association, the U.S. Postal Service and their respective agents and employees for access to and maintenance of the banks of mailboxes located throughout the Development. Nothing herein shall be construed as imposing an obligation upon the Master Association to maintain, repair or replace the mailboxes unless such obligation is set forth in Section 7 of this Master Declaration. 5.7. Use and Enjovrnent. A non-exclusive easement in favor of Owners and Occupants, and their invitees, for access to and the use and enjoyment of the Common Area, subject to this Master Declaration and the Master Rules. 5.8. Master Association Access. A non-exclusive easement in favor of the Master Association, its directors, officers, agents, and employees, including without limitation any management agent or service vendor retained by the Master Association, for access on and across the yard area of any Unit, and the exterior of any Dwelling for the purpose of performing their respective duties. Except in the event of emergencies, this easement shall be exercised only during normal business hours and then, whenever practicable, only upon advance notice to the Owner or Occupant directly affected. 5.9. Maintenance. A nonexclusive easement in favor of the Master Association, and its agents, employees, successors and assigns, on and across the Common Area, the yard area of any Unit, and the exterior of any Dwelling for the purposes of (i) the general maintenance, repair and replacement of Improvements which the Master Association is obligated to maintain pursuant to the Master Governing Documents or any future delegation of authority by a Community Association; (ii) snow removal from such roads, driveways, sidewalks and walkways within the Development which the Master Association is obligated to maintain; (iii) the mowing, clearing, cutting or trimming of trees, underbrush, grass, weeds, stumps, or other growth from areas of the Development which the Master Association is obligated to maintain; (iv) maintaining adequate irrigation (as determined by the Master Board, in its reasonable discretion) of Common Areas and those portions of any Unit which the Master Association is responsible for maintaining adequate irrigation; (v) maintaining retaining 12 walls, if any, constructed throughout the Development; (vi) removing trash, all so as to maintain reasonable standards of health, safety and appearance within the Development; and (vii) maintaining any entrance monuments located within the Development. 5.10. Emergencv Access to Units. In case of an emergency, whether pursuant to Section 11.2.8 or otherwise, all Units are subject to an easement for access, without notice and at any time, by an officer or director of the respective Community Associations or the Master Association, by any management agents or by any public safety personnel. 5.11. Encroachments. An exclusive easement for encroachments for the benefit of the encroaching Improvement is hereby granted in the event that a Dwelling or any part of a Dwelling, or any other Improvement now or hereafter constructed encroaches upon the Common Area due to inaccuracies in survey, construction, reconstruction, settlement, movement or otherwise; provided, however, that no easement shall exist hereunder for any Improvement not part of the Master Declarant's original construction or otherwise expressly approved by the A.C.C. as evidenced by a Certificate of Compliance issued pursuant to Section 9.8, or by resolution'" of the A.C.C. or the Master Board. The easement shall continue for as long as the encroachment exists and shall not affect the marketability of title. This easement for encroachments shall also include an easement for the maintenance and use of the encroaching Improvements. 5.12. Proiect Sign Easements. Master Declarant and the Master Association shall each have an exclusive right and easement to erect and maintain monument signs and related Improvements identifying the Development, the Community or features thereof, on and across the Common Area. The areas on which monument signs or related Improvements are located shall be subject to exclusive easements in favor of the Master Association for the continuing use, maintenance, repair and replacement of said Improvements. In exercising its rights under said easements, Master Declarant and the Master Association shall take reasonable care to avoid damaging the property on which the easement is lpcated. 5.13. Restriction on Easement Grants. The Master Association shall have the right to dedicate or transfer any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No Owner or Member shall grant any easement or similar rights upon any portion of the Development without the prior written approval of the Master Board; provided, that such approval shall not be unreasonably withheld if the easement is for a purpose consistent with this Master Declaration and does not prejudice the rights of any Owners or the Master Declarant. 5.14. Continuation and Scope of Easements. The rights and easements granted or reserved by this Section 5 shall be appurtenant, unless otherwise indicated. The easements shall supplement fuid not limit any easements described elsewhere in this Master Declaration or any recorded instrument, and shall include reasonable access through the Common Area and yard areas of Units for purposes of access to, and maintenance, repair, replacement and reconstruction of, any Improvements installed or constructed in such areas. 13 SECTION 6 ASSESSMENTS FOR COMMON EXPENSES 6.1. General. Master Assessments for Common Expenses shall be determined and assessed against the Units by the Master Board, in its discretion; subject to the requirements and procedures set forth in this Section 6, and the requirements of the Master Bylaws. Master Assessments for Comm.on Expenses shall include General Assessments under Section 6.2, Special Assessments under Section 6.3, and Limited Assessments under Section 6.4, but shall not include CommlUuty Assessments. General and Special Assessments shall be allocated among all Units equally. Other Master Assessments shall be allocated to Units as set forth in the respective subsections governing those Master Assessments. Notice of Master Assessments shall be given to the Members as provided in the Master Bylaws. In addition, the Master Board shall approve and levy Community Assessments against the Units as described in Section 6.5. -" 6.2. General Assessments. General Assessments shall be established and levied annually by the Master Board. Each General Assessment shall cover all of the anticipated Common Expenses of the Master Association, the Common Area and the Development in its entirety for that year which are to be shared by all Units. General Assessments shall be due and payable on the first day of each fiscal year, provided, however, the Master Board may allow for payment in equal monthly installments, as determined by the Master Board. General Assessments shall provide, among other things, for an adequate reserve fund for the maintenance, repair and replacement of the Common Area. The General Assessment may be subsequently increased by the Master Board, in its discretion, as necessary to defray operating expenses or Common Expenses. 6.3. Special Assessments. In addition to General Assessments the Master Board may levy in any year a Special Assessment, payable at a time or times determined by the Master Board. A Special Assessment shall be for the purpose of defraying'in whole or in part (i) the cost of any unforeseen or unbudgeted Common Expense relating to the operation or administration of the Common Area or the Development in its entirety, (ii) general or specific reserves for maintenance, repair or replacement of the Common Area, and (iii) the maintenance, repair or replacement of any part of the Common Area and other property related thereto. 6.4. Limited Assessments. In addition to General Assessments and Special Assessments, the Master Board may, at its discretion, levy and allocate Limited Assessments among only certain Units in accordance with the following requirements and procedures: 6.4.1. Any Common Expense associated exclusively with the maintenance, repair, or replacement of any parts of the Common Area used primarily by the Owners of those Units may be assessed exclusively against the Unit or Units benefited. 6.4.2. The costs of insurance may be assessed equally against the Units benefited, or in proportion to risk or coverage, subject to Section 10; the costs of utilities may be assessed equally among the Units benefited or in proportion to usage. 14 6.4.3. Reasonable administrative, attorneys' fees and other costs incurred by the Master Association in connection with (i) the collection of assessments and (ii) the enforcement of the Governing Documents, Rules or the Act, against an Owner or an Occupant, may be assessed against that Owner's Unit. 6.4.4. Late charges, fines and interest may be assessed as provided in Section 11. 6.4.5. Master Assessments levied under Section 515B.3-116 of the Act to pay a judgment against the Master Association may be levied only against the Units existing at the time the judgment was entered. 6.4.6. If any damage to the Development is caused by the act or omission of any Owner or Occupant, or their invitees, the Master Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent the Owner would be legally responsible therefor and to the extent not covered by in5Urance. 6.4.7. If any Master Assessment or installment of a Master Assessment against a Unit becomes more than thirty (30) days past due, then the Master Association may, upon ten (10) days written notice to the obligated party, declare the entire amount of the Master Assessment immediately due and payable in full. 6.4.8. If Common Expense liabilities are reallocated for any purpose authorized by the Master Governing Documents or the Act, Master Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. 6.5. Community Assessments. In addition to General Assessments, Special Assessments and Limited Assessments, the Master Board may, at its discretion, or upon request of a Community Board, levy and allocate Community Assessments against the Units within a Community in accordance with the following requirements and procedures: 6.5.1. Except as otherwise expressly authorized by the Governing Documents, any Common Expense or portion thereof benefiting fewer than all of the Units within a Community shall be assessed against only Units within the Community benefited. 6.5.2. A Community Assessment shall be deemed to be automatically allocated among and levied against the Units located in the Community equally, or based upon such other Common Expense-sharing formula as may be set forth in the Commlmity Governing Documents for that Community. 6.5.3. Community Assessments may be levied at any time by the Master Board; however, to the extent that the Community Assessments can be budgeted prior to the start of the Master Association fiscal year, they shall be levied at the same time as the General Assessments. 15 6.5.4. Community Assessments for a Community shall provide, among other things, for an adequate segregated reserve fund for the maintenance, repair and replacement of those parts of the Community which the Master Association or the Community Association is obligated to maintain, repair or replace, and for the insurance coverage required for the Community Association by the Community Governing Documents. Such reserves shall be used solely for the benefit of such Community. 6.6. Master Assessment Procedures. The Master Board shall anrmally approve L~e overall Master Association budget for the entire Development, including a sub-budget for the Community Assessments allocated against only a Community or certain Units within a Community, and levy the Common Expense assessments, or applicable portiones) thereof, against the Units. Owners shall pay the share of the Master Assessment allocated to their Units directly to the Master Association. Master Assessments shall be automatically levied upon and allocated among the Units in a Community without further action by that Community. No Owner may designate how his or her share of an assessment is applied; such decision shall be made by the Maiter Board, in its sole discretion, provided such application is made in a manner consistent for all Units. Notwithstanding the foregoing, assessments shall be applied first to assessments payable to the Master Association. 6.7. Working Capital Fund. To provide the Master Association with initial working capital, there shall be established a Working Capital Fund to meet unforeseen expenditures or to purchase additional equipment or services during the Development's beginning years of operation. There shall be contributed on a one-time basis for each Unit sold by a Master Declarant an amount equal to two (2) months installments of the annual estimated General Assessment for the Unit being conveyed. The contribution shall be paid by the purchaser of a Unit at the earlier of the time a Master Declarant closes on the sale of the Unit or the termination of the Master Declarant Control Period under Section 12. The amounts paid into this fund are in addition to the regular installments of assessments and are not in prepayment of or substitution for annual or special assessments. The funds shall be deposited into a segregated account no later than the termination of the Master Declarant Control Period. Master Declarant may not use the funds to defray any of its expenses, reserve contributions, or construction costs, or to make up any budget deficit during the Master Declarant Control Period. However, upon the closing of the sale of an unsold Unit, Master Declarant may reimburse itself from funds collected from the purchaser at the closing for any contributions made by Master Declarant to the working capital fund with respect to that Unit. Notwithstanding anything to the contrary contained herein, the funds in the working capital account may be used to fund the reserve account, at the discretion of the Master Board. 6.8. Liability for Assessments. The Owner who, at the time an assessment is payable, is a Member of a Community Association, by virtue of ownership of a Unit, shall be liable for the share of the Common Expenses assessed against the Unit; except that (unless and to the extent otherwise provided by the Community Governing Documents) no Master Declarant, or any Unit owned by it, shall be liable, or subject to a lien for, any Master Assessment pertaining solely to the Common Area or the Master Association until the Unit or Dwelling within the Unit is completed and certified ready for occupancy as a residence, and except that the commencement of Community Assessments against a Unit and liability of a Master Declarant therefore shall be subject to the Community Governing Documents of the Community of which such Unit is a part. Notwithstanding any contrary provision contained herein, no Unit which is not then subject to a 16 Community Association shall be subject to any assessment hereunder. The liability shall be joint and several where there are multiple Owners of a Unit. The liability is absolute and unconditional. Except as provided in this Section 6.8, no Person is exempt from liability for payment of assessments by right of set-off, by waiver of use or enjoyment of any part of the Development, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Master Association, a Community Association, or their officers, directors or agents, for their failure to fulfill any duties under the Master Governing Documents or the Act. Payments of assessments shall be allocated among the obligations of the Master Association and the Community Association~ as the Master Board may determine. 6.9. Assessment Lien. Except as provided in Section 6.8, the Master Association shall have a lien on each Unit for any assessment (or pro-rata share thereof) levied against the Unit from the time the assessment becomes due. If an assessment is payable in installments, the full amount of the assessment is a lien from the time the first installment becomes due. Fees, charges, late charges, fines and interest charges imposed by the Master Association pursu8J1t to Section 515B.3- 1 02 (a)(1 0), (11) and (12) of the Act are liens, and are enforceable as assessments under this Section. Recording of the Master Declaration constitutes record notice and perfection of any lien under this Section, and no further recording of any notice is required. 6.10. Foreclosure of Lien: Remedies. A lien for Common Expenses may be foreclosed against a Unit (i) by action, or (ii) by advertisement, as provided by Section 515B.3-116 of the Act, and provided, specifically, that in a foreclosure by advertisement, the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys fees authorized by the declaration or bylaws, notwithstanding the provisions of Minn. Stat. Section 582.01, subdivisions 1 and 1a. (In a foreclosure by action, the foreclo~ing party shall be entitled to costs and disbursements of foreclosure and attorneys fees as the court shall determine.) The Master Association or the Community Association of which said Unit is also a part shall have a power of sale to foreclose the lien in a like manner as a mortgage containing a power of sale. The Master Association, or its authorized representative (or the appropriate Community Association, if such power is delegated to it by the Master Association or its authorized representative), shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. An Owner or any other Person claiming an interest in a Unit, by the acceptance or assertion of any interest in a Unit, grants to the Master Association and the applicable Community Association a power of sale and full authority to accomplish the foreclosure by advertisement. 6.11. Lien Priority: Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before this Master Declaration, (ii) any first Mortgage on the Unit (to the extent permitted by the Act), and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, (1) if a first mortgage on a Unit is foreclosed, (2) the first mortgage was recorded on or after the date of recording of this Master Declaration, and (3) no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes Chapters 580, 581, or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit, subject only to those unpaid assessments for Common Expenses levied pursuant to this Master Declaration or Sections 5l5B.3-115(a), (e)(1) to (3), (f), and (i) of the Act, as applicable, which became due, without acceleration, during the six (6) months immediately preceding the first 17 7.1. General Master Association Responsibilities. Subject to Section 7.1.2 hereof, the Master Association shall be responsible for the maintenance, repair and replacement of (i) the Common Area, including without limitation, all signs, project monuments, Roadways (except for public streets maintained by the City within the Development), tot lots, gazebos, private street lights, storm sewers, ponds/wetlands (if any), perimeter fencing, privacy fencing as originally constructed by Master Declarant, and other amenities or expenses benefiting the Development or the Members; (ii) sidewalks, driveways, and all landscaping originally planted or installed by Master Declarant or the Master Association within the Development (exclusive of watering of trees.. and shrubs, which shan be the responsibility of the Owners); (iii) the exteriors of the Dwellings within each Community, as well as attached decks/porches; (iv) common utilities and irrigation systems within the Common Area and the Communities; (v) maintain, repair and replace retaining walls constructed by Master Declarant within the Development; (vi) clear snow from mailbox banks located throughout the Development to allow access to such mailboxes by Owners, Occupants and employees/agents of the United States Postal Service; (vii) monitor and maintain the fire sprinkler system in the Park View Condominium Community (but not the Park View Townhome Community). In addition, the Master Association shall perform such duties and obligations as are required of it pursuant to easements and encumbrances of record, including, but not limited to, the obligation to reimburse the City for one-half of the costs associated with the routine maintenance and repair of the storm water management pond located adjacent to the Property on the northeast corner of Fifth Street and Huset Parkway, such reimbursement to be made within thirty (30) days of receipt of an invoice for such charges from the City. The cost of any maintenance, repair, replacement or operations undertaken by the Master Association shall be assessed in accordance with Section 6; provided, that the expense of any maintenance, repair or reconstruction of the Development necessitated by the acts or omissions of an Owner or Occupant shall be borne solely by such Owner, and the Owner's Unit shall be subject to a Master Assessment for such expense. day following the end of the Owner's period of redemption and thereafter, except that any unreimbursed Master Assessments or charges may be reallocated among all Units within that Community equally, and any unreimbursed Community Assessments or charges may be reallocated among all Units within that Community equally. 6.12. V oluntary Conveyances: Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Master Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied or released. Any seller or buyer shall be entitled to a statement, in recordable form, from the Master Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Master Association's current fiscal year, which statement shall be binding on the Master Association, seller and buyer. SECTION 7 -'" MAINTENANCE OF DEVELOPMENT 7.1. General Master Association Responsibilities. Subject to Section 7.1.2 hereof, the Master Assoc' . on shall be responsible for the maintenance, repair and replacement of (i) the Co on Area, incl . g without limitation, all signs, project monuments, Roadways (ex or public streets maintai by the City within the Development), tot lots, gazebos Ivate street lights, storm sewers, pon etlands (if any), perimeter fencing, privacy fenci as originally constructed by Master Declarant, an ther amenities or expenses benefiting evelopment or the Members; (ii) sidewalks, driveways, an 1 landscaping originally plan or installed by Master Declarant or the Master Association within ili evelopment (exclu' of watering of trees and shrubs, which shall be the responsibility of the ers); (iii e exteriors of the Dwellings within each Community, as well as attached decks/por . IV) common utilities and irrigation systems within the Common Area and the Communi' s; maintain, repair and replace retaining walls constructed by Master Declarant wi n the Deve ent; (vi) clear snow from mailbox banks located throughout the Develop t to allow access to s mailboxes by Owners, Occupants and employees/agents of the Uni States Postal Service; (vii) ill itor and maintain the fire sprinkler system in the Park Vi Condominium Community (but n the Park View Townhome Community). In addi . n, the Master Association shall perform such . es and obligations as are required of it purs t to easements and encumbrances of record. The co of any maintenance, repair, replace ent or operations undertaken by the Master Association s 1 be assessed in accordance Ith Section 6; provided, that the expense of any maintenance, repair or reconstruction of the D elopment necessitated by the acts or omissions of an Owner or Occupant shall be borne solely oy such Owner, and the Owner's Unit shall be subject to a Master Assessment for such expense. 7.1.1. A Community (with respect to which the Master Association has been providing maintenance, repair or replacement), may subsequently petition the Master Association to allow the Community (rather than the Master Association) to be responsible for the maintenance, repair and replacement of the Community, or any part thereof. Any such arrangement shall be subject to approval by the Master 18 Board, and by the Master Declarant so long as the Master Declarant owns a Unit within the Community or has the unexpired right to add any Additional Property to the Development, whichever is later. 7.1.2. The Master Association may at its discretion delegate to a Community or Owners, by written resolution of the Master Board, responsibility for the maintenance, repair and replacement of the exterior parts of Dwellings or other exterior Improvements located in a Unit, or grounds maintenance in such Community, subject to and conditioned upon appropriate funding by the Master Association. 7.1.3. Should the Master Association delegate and a Community Association assume responsibility for any maintenance, repair or replacement obligations, such Community Association shall be deemed to have the benefit of all easements created under the Governing Documents to enable it to perform such maintenance, repair or ~OC~~. 4 7.1.4. Notwithstanding the assumption or delegation of responsibility of maintenance, repair and replacement, the Master Association may impose standards and specifications for the performance of such responsibilities on the Community or Owners to which or by which responsibilities are delegated or assumed. 7.2. Community and Owner Responsibilities. Unless expressly authorized by the Master Board pursuant to Sections 7.1.1 or 7.1.2, the responsibilities of the Owners and Community Associations are as follows: 7.2.1. A Community Association shall have no obligation or authority to maintain, repair or replace its Community Property. 7.2.2. Owners shall be responsible for all maintenance, repair and replacement of their Units, except such responsibilities (if any) as are undertaken by the Master Association or delegated to the Master Association by a Community Association. 7.2.3 Owners shall be responsible for all maintenance, repair and replacement of their mailboxes, except that the Master Association shall be responsible for removal of snow around banks of mailboxes so as to ensure access to such mailboxes by Owners, Occupants, and employees/agents of the United States Postal Service. Such maintenance shall be in accordance with such regulations or standards as the United States Postal Service may promulgate from time to time. 7.3. Trash Contract. Unless the City otherwise provides for the removal of trash and recyclable materials, the Master Association shall contract with a single provider for the removal and disposal of garbage, trash and other solid waste, and for removal of recyclable materials from all Units. Any charges imposed by the provider desigilated by the Master Association shall be paid by the Master Association and shall be included in the assessments levied pursuant to Section 6, whether or not such services are actually utilized by an Owner or Occupant. In the event that any Owner or Occupant requests any services not included within the basic/general charges of the provider, the 19 Master Association may assess the costs thereof against the Owner and the Owner's Unit in accordance with Section 6. 7.4. DSL and Cable/Satellite Television. The Master Association may contract with a single provider for digital subscriber line service and for cable and/or satellite television. Any charges imposed by the provider designated by the Master Association shall be paid. by the Master Association and shall be included in the assessments levied pursuant to Section 6, whether or not such services are actually utilized by an Owner or Occupant. In the event that any Owner or Occupant requests any services not included within the basic/general charges of the provider, the Master Association may assess the costs thereof against the Owner and the Owner's Unit in accordance with Section 6. 7.5. Requirements Management and Service Agreements. Subject to Section SlSB.3-l0S of the Act, any agreement entered into by the Master Declarant, during the Master Declarant Control Period only, for professional management of, or provision of services to, the pevelopment must, at a minimum, provide for termination without penalty or termination fee by either party with cause upon thirty (30) days' prior written notice. SECTION 8 USE RESTRICTIONS It is Master Declarant's intent to create a first class residential development for the use and enjoyment of the Owners and Occupants. The use restrictions contained in this Section are designed to facilitate the various residential uses of the Development, and to preserve and protect the physical environment of the Development. Accordingly, the following restrictions shall apply to the Development which are in addition to restrictions imposed by the Community Governing Documents and Community Rules with respect to a specific Community: 8.1. General. Property within the Development shall be owned, conveyed, encumbered, leased, used and occupied subject to the Master Governing Documents, applicable Community Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Master Governing Documents are in furtherance of a plan for the Development, and shall run with the Development and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Development, their heirs, personal representatives, successors and assigns. 8.2. Residential Use. The Units may be used by Owners and Occupants and their guests as private residential dwellings. The Units shall not be used for a hotel or other transient residential use. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than seven (7) days, or which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 8.3. Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Unit or on the Common Area; except (i) an Owner or Occupant residing in a Unit may keep and maintain his or 20 her business or professional records in such Unit and handle matters relating to such business by telecommunications or correspondence therefrom, provided that such uses are incidental to the residential use, do not involve physical alteration of the Unit visible from the exterior, are in compliance with all governmental laws, ordinances and regulations, and do not involve any observable business activity such as signs, advertising displays, bulk mailings, regular deliveries, or pedestrian or vehicular traffic to and from the Unit by customers or employees; (ii) the Master Association or a Community Association may maintain offices on the Development for management and related purposes; and (iii) Master Declarant may maintain offices, sales facilities and other business faciiities on the Development in connection with the exercise of its Master Declarant Rights. 8.4. Leasing. Leasing of Units shall be allowed, subject to reasonable regulation by the Master Association, and subject to the following conditions: (i) no Owner shall be permitted to lease his or her Unit for transient or hotel purposes; (ii) no Owner may lease less than the entire Unit and no lease shall provide an initial term (exclusive of extensions or options to renew) of less than thirty -"", (30) days; (iii) any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of the Master Governing Documents, Master Rules and Regulations, applicable Community Governing Documents and Community Rules and Regulations, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease; (iv) all leases shall be in writing; (v) any Owner leasing said Owner's Unit shall notify the Master Board and provide it with a copy of the written lease agreement at least thirty (30) days prior to the commencement of the lease term and a written receipt as evidence that the Owner provided to the lessee a copy of all legal documents, including this Master Declaration, Master Bylaws, Master Rules and Regulations, applicable Community Governing Documents and Community Rules and Regulations and any amendments; and (vi) in the event any Owner leases his or her Unit, the Owner shall at all times keep the Master Association advised in writing of the address of his or her current residence and any changes thereto, and of the name(s) of his or her tenant(s). Notwithstanding the foregoing; no more than ten ~~nt ClQY..~.LCI9~~ed up to the nearest whole ,E.....urr!Q~0 a~.~he total number of Units in a J~ive~g~i!Y may be Tea~e:<rat any gIven time, Erovided, h~~r;1I1at Units servi~ as model hO!p~~glaY be Jea.se4, i!Iesp~cti~_.~.f whether ~ch mcicreTn<;>.me Units are owned b:Y.l'4a,,!s.t~rJ2eclarant, for so long as such Units are used as mouel ______ ,~"""",___,_,"""~_,_,,,,,,,,,,,,,,,,,,,, .' ...._--..,.._.",,,.,__~-.......~--.-.,........_..._....._~,....,.~..--..____"_M__.~__._... .. _ homes. If, at the time an Owner notifies the Master Board of his or her intent to lease his or her 't.Jcit pursuant to (v), above, and the maximum number of Units in that Community are already being leased, the Master Board shall notify such Owner that the maximum number of Units in that Community are already leased, and such Owner (and any other subsequent Owner seeking to lease his or her Unit) shall be prohibited from leasing his or her Unit until such time as such leasing would not exceed the maximum stated herein. The Master Association may impose such reasonable Master Rules as may be necessary to implement procedures for the leasing of Units, consistent with this Section. 8.5. Parking. Driveways and parking areas within the Development shall be used only for parking of vehicles owned or leased by Owners, Occupants and their guests, and such other incidental uses as may be authorized in writing by the Master Association. No trailers, boats, buses, motor homes, campers, snowmobiles, all terrain vehicles or other type of recreational vehicle shall be parked outside a garage more than seventy-two (72) consecutive hours within a two (2) week period. No abandoned, dilapidated or unlicensed motor vehicles shall be permitted to 21 remain upon the driveways within the Development. The use of driveways, Roadways, and other parking areas within the Development, and the type of vehicles and personal property permitted thereon, shall be subject to further regulation by the Master Association, including without limitation, the right of the Master Association to tow vehicles parked illegally or in violation of the Rules, or to remove unauthorized personal property. Owners and Occupants (other than occasional guests) shall not regularly park on the Roadways or guest parking areas within the Development. 8.6. Pets. No pets shall be permitted to be kept within the Development by any Owner or Occupant, except conventional domesticated animals of a type normally kept as pets in residential areas. No kennel, dog house or outside run shall be constructed or maintained within the Development. No animal shall be kept for any commercial purpose nor shall animals be bred for a commercial purpose within the Development. Any pet, whenever outside of a Dwelling, must be kept under the direct control of the pet owner or another person able to control the pet. The person in charge of the pet must clean up after it and is responsible for any damage done by the pet. The Master Board may adopt more specific rules and penalties not inconsistent with the foregoing, including without limitation, restrictions on the number and types of pets kept within a Unit, and may make all or specified portions of the Common Area off limits to pets. 8.7. Antennas. Except with the prior \vritten approval of the A.C.C., no exterior television, radio, satellite, or microwave antenna of any sort shall be erected or maintained upon a Dwelling or the exterior of a Unit, except (i) an antenna one meter or less in diameter for the purpose of receiving direct broadcast/satellite service or video programming services, or (ii) any antenna for receiving television broadcast signals, subject to government regulations regarding masts and other related equipment. Additionally, no exterior wiring, including without limitation, wiring for such equipment, DSL lines, telephone lines, cable television transmission lines or cables for personal satellite television systems, shall be installed, except as authorized by the Master Board. An antenna shall be installed so as to minimize its visibility from other Units and the Common Area and avoid damage or injury to property or Persons. The Master Board may impose Master Rules regarding antennas, consistent with law and this Declaration; however, any such requirements shall be reasonable, shall not impair or degrade reception and shall conform to the Federal Telecommunications Act of 1996, and regulations imposed thereunder. 8.8. Rubbish/Recycling. Garbage, rubbish, trash and recyclable materials shall be kept inside, except they may be placed outside in sanitary containers on days established for removal of such trash or recycling, in accordance with City ordinances. 8.9. Signage. No sign of any kind shall be displayed to the public view within the Development except (i) one temporary professional sign not larger than twenty-four inches (24") by thirty inches (30") advertising open houses for Units offered for sale, but limited to a period beginning one hour before such open house and ending one hour after such open house, (ii) such signage as the Master Board may allow by written rule or resolution; and (iii) such signage as either Master Declarant deems appropriate to advertise the Development until such Master Declarant conveys the last Unit owned by it. This restriction shall not apply to permanent entrance monuments which may be approved by the City and installed by Master Declarant. 22 8.10. Compliance with Law. No use shall be made of the Development which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Development, cause a material increase in insurance rates for the Development, or otherwise cause any unusual liability, health or safety risk, or expense, for the Master Association or any Owner or Occupant. 8.11. Alterations. Except for those made by Master Declarant in consideration of its initial sale of a Unit, no Improvement shall be made or altered, or caused or allowed to be made or altered, in any part ofthe Common Area or in any part of a Unit which affects the Common Area or another Unit within a Community or which is visible from the exterior of a Unit within a Community, without the prior written authorization of the A.C.C. 8.12. Temporary Structures. No structure or other Improvement of a temporary character such as, but not limited to, manufactured housing, shacks, sheds, animal enclosures, fencing, or accessory buildings or structures, shall be erected, kept or maintained within the Development, except as authorized by the Master Board. This restriction shall not apply to temporary~ structures authorized or used by Master Declarant for development, construction or sale of Units throughout the Development. 8.13. Traffic Regulations. All vehicular traffic on the Roadways and elsewhere within the Development shall be subject to applicable local, state and federal laws. The Master Association has authority to promulgate, administer, and enforce reasonable Rules governing vehicular and pedestrian traffic on Roadways, including reasonable safety measures and speed limits more restrictive than those in force on public streets. The Master Association shall be entitled to enforce the Master Rules by such procedures as it deems appropriate, including levying fines and towing. Only persons properly licensed by a local, state or federal government may operate any type of motor vehicle, including without limitation snowmobiles and all-terrain vehicles, within the Development. All vehicles operated in the Development shall be operated in a careful, prudent, and safe manner, and with due consideration for the rights of all Owners and Occupants. 8.14. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods or ownership intervals, is prohibited. 8.15. Access to Units. In case of emergency, all Units are subject to entry, without notice and at any time, by an officer or member of the Master Board, by the Master Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes and for enforcement purposes as described in this Master Declaration. 8.16. Quiet Enioyment: Interference Prohibited. All Owners and Occupants and their invitees shall have a right of quiet enjoyment in their respective Units. No Person shall engage in activity which damages the Development, causes a nuisance or unduly restricts, interferes with or impedes the use and quiet enjoyment of Units located within the Development. 23 8.17 Miscellaneous Restrictions. 8.17.1 Use of snowmobiles anywhere on the Development is prohibited. 8.17.2 No Owner, Occupant, guest, licensee or invitee shall use any portion of the Development to perform repairs or service on automobiles or other motorized vehicles. SECTION 9 ARCHITECTURAL AND LANDSCAPE STANDARDS 9.1. General. It is the intent of Master Declarant to create a general plan and uniform scheme of development of the Development and to create within the Development a residential community of high quality and harmonious Improvements. Accordingly, an Architectural CQntrol Committee (the "A.C.C.") shall be established as a permanent committee of the Master Association, to oversee, review and regulate all architectural and design matters involving the Development, including, without limitation the Communities. The A.C.C. shall have the following general powers: 9.1.1. The A.C.C. shall have the exclusive right to approve or disapprove the size, exterior design, color, materials, landscaping and location with respect to all proposed Improvements not constructed or installed by a Master Declarant. 9.1.2. The A.C.C. shall have the exclusive right to approve or disapprove all proposed additions, changes and any other type of remodeling to the exterior of any existing Dwelling or other Improvement; except for any changes to a Dwelling or other Improvement by a Master Declarant. 9.1.3. The A.C.C. may, in its sole discretion, impose standards for design, appearance, construction, or development which may be greater or more stringent than standards prescribed by the Master Governing Documents or by applicable building, zoning, or other governmental laws, codes, or regulations; provided that such standards shall be consistent with the architectural character and use of the Development as planned and developed by Master Declarant. The primary procedures and regulations governing the A.C.C. are set forth in this Section 9. 9.2. Architectural Control Committee. The A.C.C. shall be a permanent committee of the Master Association, and shall administer and perform the architectural and landscape review and control functions of the Master Association. 9.2.1. The A.C.C. shall consist of a minimum of three (3) natural persons, who, upon expiration of the time period during which Master Declarant may appoint the committee members as provided herein, must be resident Owners. So long as Master Declarant owns an unsold Unit for sale or has the unexpired right to subject Additional Property to this Master Declaration, whichever is later, the committee members shall all be appointed by Master Declarant and shall hold office at the 24 pleasure of Master Declarant. Thereafter, the Master Board shall have the right to appoint the committee members. 9.2.2. Upon the expiration of the time period during which Master Declarant may appoint the committee members as provided herein, the Master Board shall (i) appoint the members of the A.C.C. (subject to Master Declarant's right to appoint the majority of members), (ii) set reasonable terms of office for the members of the AC.C., and (iii) determine which member of the AC.C. shall serve as its chair. Following the expiration of Master Declarant's right to appoint the majority of the members of the AC.C., all of the members of the A.C.C. shall be resident Owners and shall include at least one representative of each Community. In the event t):1e Master Board fails or declines to appoint the A.C.C., then the Master B.oard itself shall act as the Ae.e. 9.2.3. Until the expiration of Master Declarant's right to appoint a majority of AC.C. members, meetings of the A.C.C. may be called by Master Declarant or by the chair of the AC.C. A majority of the AC.C. shall constitute i quorum to transact business at any meeting, and the action of a maj ority of those present shall constitute the action of the A.C.C. 9.3. Application and Approval Required. No Improvement to any Unit or Community shall be constructed, erected, removed, planted or maintained, nor shall any addition to or any change, replacement or alteration thereof be made, until a completed application and two (2) complete sets of plans and specifications, prepared by an architect, landscape architect, engineer or other person found to be qualified by the AC.C., showing the nature, kind, shape, height, materials, floor plans, color scheme and location of the Improvements shall have been submitted to and approved in writing by the A.e.C., unless the A.C.C. recognizes that the Improvement is of such a nature that plans and specifications would not be appropriate. Approval shall be requested by written application on such forms as may be required by the A.C.C. The A.C.C. may require submission of samples of building materials and colors proposed to be used. All applications made to the A.C.C. shall be made simultaneously to the appropriate official of any governmental authority having jurisdiction over the subject of the application, if required by the governmental authority. All construction shall be done by contractors approved in writing by the A.C.C. If the information submitted to the Ae.C. is, in the AC.C.'s sole opinion, incomplete or insufficient in any manner, the A.C.C. may require the submission of additional information. 9.4. Approval Standards. The A.C.C. shall have the right to refuse to approve any plans and specifications which are not suitable or desirable, in its sole and absolute discretion. In approving or disapproving such plans and applications, the Ae.C. shall consider, at a minimum, the following criteria: 9.4.1. Substantial uniformity of color, size, location, type and design for Dwellings and other Improvements. 9.4.2. Comparable or better quality of materials as used in existing buildings or other Improvements within the Development. 25 9.4.3. Ease of maintenance and repair to the extent such maintenance and repair is the responsibility of the Master Association. 9.4.4. Adequate protection of the Development, the Master Association, the applicable. Community Association, Owners and Occupants, and Master Declarant from liability and liens arising out of the proposed alterations. 9.4.5. Compliance with government allows, codes, ordinances and regulations. 9.5. Notice of Decision. The A.C.C. shall approve or disapprove the application and notify the applicant in writing within sixty (60) days following the receipt of the completed application and all related information required by the AC.C. The notice shall set forth the approval or denial of the application, or any qualifications or conditions of approval. If the A.C.C. disapproves the application, it shall state the grounds upon which the disapproval is based. Any applicant may appeal the decision of the AC.C. to the Master Board within thirty (30}.",days of the AC.C.'s decision. The Master Board shall make its determination and notify the applicant within thirty (30) days of receipt of the appeal. The determination of the Master Board shall be fmal and binding upon the applicant, provided that no Improvement shall be erected or shall be allowed to remain which violates any of the covenants, conditions or restrictions contained in this Master Declaration, or which violates any governmental law, zoning or building ordinance, or regulation. 9.6. Variances. The AC.C. may, in its sole discretion, grant variances from the requirements contained herein or as elsewhere promulgated by the AC.C., on a case by case basis, provided that the variance sought (i) involves unique circumstances, (ii) is reasonable and (iii) does not impose a hardship upon other Owners, and (iv) does not violate any governmental law, ordinance, code or regulation. The granting of such a variance by the AC.C. shall not nullify or otherwise affect the A.C.C.'s right to require strict compliance with its requirements on any other occasion. 9.7. Completion Schedule. Construction of all Improvements for which the approval of the AC.C. is required under this Master Declaration shall be completed within the time period specified by the AC.C., subject to delays beyond the reasonable control of the Owner. 9.8. Certificate of Compliance. Prior to the use or occupancy of any Improvement not part of the original construction, the prospective users or occupants shall obtain a Certificate of Compliance from the AC.C., certifying that the AC.C. is satisfied that construction of the Improvement has been completed in accordance with the plans and specifications previously approved by the AC.C. The A.C.C. may, from time to time, delegate to a member or members of the AC.C., or to the Master Association manager, the responsibility for issuing Certificates of Compliance. The issuance of a Certificate of Completion shall not be construed as representing or guaranteeing that such Improvements were designed or built in a good and workmanlike manner. 9.9. Inspections. Fines and Remedies. The A.C.C., and any agent or member of the AC.C., has the right of entry and inspection upon any portion of the Development for the purpose of determining whether there is compliance with the applicable architectural standards. If any Person fails to comply with the requirements of the Master Declaration or the standards promulgated by the A.C.C., the violator shall be subject to fines for non-compliance (which fmes may accrue daily 26 if so provided in the Master Rules) and shall pay all costs in connection with the resolution or correction of the violation, including without limitation, any fees of attorrieys or other professionals, incurred by the Master Association. Such costs and attorneys' fees shall be a lien against the Owner's Unit, and a personal obligation of the Owner. 9.10. Review Fees: The AC.C. may adopt a schedule of reasonable fees for processing applications for approval. Such fees, if any, shall be payable to the Master Association at the time that the plans and specifications and other documents are submitted to the A.C.C. The payment of such fees, as well as other expenses of the AC.C. required to be paid, shall be deemed to be a Master Assessment against the Unit with respect to which the application is made. 9.11. Independent Consultants. The A C.C. may, in its discretion, hire.or contract with , independent consultants to assist in its review and approval of the plans and specifications, or inspections of Improvements in connection with issuance of a Certificate of Compliance, and in its discretion, assess the cost of such consultant(s) to the Owner. ~ 9.12. Master Declarant Exemption. Notwithstanding anything contained herein to the contrary, any Improvements of any nature at any time made or approved by a Master Declarant, including, without limitation, Improvements made or to be made to the Common Area, Community Property, or Additional Property shall not be subject to the review or other procedures of the A.C.C., but such Improvements shall comply with the plan of development for the Development. 9.13. Protection from Liability. Neither the Master Declarant, the Master Association, its directors or officers, the A.C.C., the members of the A.C.C., nor any Person acting on behalf of any of them, shall be liable for any costs or damages incurred by any Person due to any alleged mistakes in judgment, negligence or any action of the A.C.C. in connection with the approval or disapproval of plans and specifications or issuance of a Certificate of Completion. The Master Association shall indemnify, defend and hold harmless the AC.C. and each of its members from all costs, expenses and liabilities, including attorneys' fees, of any nature resulting by virtue of the good faith acts of the A.C.C. or its members pursuant to this Section 9. Neither Master Declarant, the directors or officers of the Master Association, the members of the AC.C., nor any Person acting on behalf of any of them, shall be responsible for any defects in any plans or specifications, nor for any defects in any Improvements constructed pursuant thereto. Each Person submitting an application for approval of plans or specifications or issuance of a Certificate of Completion shall be solely responsible for the sufficiency of all plans and specifications submitted, completion of the Improvements in accordance with the plans and specifications submitted, and for the quality of construction of the Improvements constructed, and shall hold harmless, indemnify and defend the Master Association, its Members, the AC.C., and their respective officers, directors, committee personnel and agents, from and against all claims, damages and liabilities arising out of the approval or construction of the Improvements to which their application relates. 9.14. No Representation of Compliance. No approval of plans and specification~ and no publication of standards by the A.C.C. shall be construed as representing or implying that such plans, specifications or standards will, if followed, result in properly designed Improvements. Such approvals and standards shall not be construed as representing or guaranteeing that any Improvements built in accordance therewith were built in a good and workmanlike manner. Neither 27 Master Declarant, the Master Association, nor the A.C.C. shall be responsible or liable for any defects in any plans or specifications submitted or approved; any loss or damages to any person arising out of the approval or disapproval of any plans or specifications, any loss or damage arising from the noncompliance of such plans and specifications with any governmental ordinances and regulations; nor any defects in construction undertaken pursuant to such plans and specifications. 9.15 Modification to Allow Access to the Disabled. Subject to the provisions of applicable law, an Owner, at Owner's expense, may make improvements or alterations to a Unit as necessary for the full enjoyment of u~e Unit by any person residing in the Unit who has a handicap or disability, as provided in the Fair Housing Amendments Act, United States Code, Title 42, Section 3601, et ~., and the Minnesota Human Rights Act, Chapter 363, and any amendments to those acts. The Master Association may not prohibit such improvements or alterations referred to in this Section 9.15, but may reasonably regulate the type, style and quality of the improvements or alterations as they relate to health, safety and architectural standards. In addition, improvements or alterations made pursuant to this Section 9.15 must satisfy the requirements of Section 515B.2-113(a) (i), (ii), (iii) and (iv) of the Act. 4' 9.16. Additional Standards. The A.C.C. is authorized to promulgate from time to time additional written architectural standards, guidelines and other regulations governing the construction, location, landscaping and design of Improvements, the contents of plans and specifications, and other information required to evidence compliance with this Section 9. Any such publications by the A.C.c. shall be binding and enforceable against all Persons with respect to all Improvements subject to approval by the A.C.C. SECTION 10. MASTER ASSOCIATION INSURANCE AND RECONSTRUCTION The Master Association shall obtain and maintain the insurance required by the Community Governing Documents, and the following insurance relating to the Development, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota: 10.1. Property Insurance. Property insurance in broad form insuring all insurable Improvements located on the Common Area, such Improvements in each Community as are required by the applicable Community Governing Documents, or as the Master Board deems appropriate after consultation with each Community Board, and any insurable improvements on other real property owned by the Master Association. Such insurance shall cover loss or damage by fire and other hazards, including, without limitation, extended coverage, vandalism, malicious mischief, and flood (if in a federally designated flood plain). Such insurance shall be in an amount sufficient to cover the full insurable replacement cost of such Improvements and other property, subject to such reasonable deductibles as the Master Board shall determine, exclusive of land, footings, excavation and other items normally excluded from coverage (but including all building service equipment and machinery). The policy or policies shall cover personal property owned by the Master Association. The policy or policies shall also contain "Inflation Guard" and " Agreed Amount" endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages 28 and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the Federal National Mortgage Association ("FNMA"), if applicable, as a precondition to their insuring, purchasing or financing a mortgage on a Unit. The Master Board may also, on behalf of the Master Association, enter into binding written agreements with a mortgagee, insurer or servicer, including without limitation FNMA, obligating the Master Association to keep certain specified coverages or endorsements in effect. 10.2. General Liability Insurance. Comprehensive general liability Insurance covering the Development insuring the Master Association against all damage or injury caused by the negligence of the Master Association, or a Community Association, and their respective members, directors, and officers or agents, with minimum limits of $1,000,000 per occurrence, against claims for death, bodily injury and property damage or in such greater amount as is deemed sufficient in the judgment of the Master Board. Such public liability policy shall provide such coverage, limits and deductibles as the Master Board deems reasonable. The Master Declarant shall be an additional insured in its capacity as an Owner or Master Board member. Individual -Owners shall also be additional insureds, but only to the extent of claims and liabilities arising in connection with the ownership, existence, use or management of the Common Area. The insurance shall cover claims of one or more insured parties against other insured parties. The policy shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Master Association, a Community Association or other Owners or Occupants. The policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the regulations of FNMA, if applicable, as a precondition to their insuring, purchasing or financing a mortgage on a Unit. 10.3. Employee Dishonesty, Crime Insurance. Employee dishonesty and crime insurance against dishonest acts on the part of the Master Board, officers, managers, employees or persons responsible for handling funds belonging to or administered by the Master Association. Such insurance shall name the Master Association as the named insured and shall be written in an amount equal to the greater of (i) the estimated maximum of Master Association funds, including reserves, in the custody of the Master Association or management agent at any given time while the insurance is in force, or (ii) a sum equal to three (3) months aggregate assessments on all Units plus reserves. An appropriate endorsement to the policy to cover any Persons who serve without compensation shall be added if said policy would not otherwise cover volunteers. 1004. Directors' and Officers' Liability Insurance. Directors' and officers' liability insurance covering all directors, officers and committee members of the Master Association for their acts or omissions 'while acting within the scope of their duties on behalf of the Master Association with such reasonable limits and coverages as the Master Board may determine from time to time. 10.5. Workers' Compensation Insurance. Workers' compensation insurance to the extent necessary to comply with any applicable laws. 10.6. Other Insurance. Such other types and amounts of insurance as may be required by law or the Community Governing Documents, or as may be determined by the Master Board to be necessary or desirable, including, without limitation, insurance or fidelity bonds covering dishonest acts by those Persons having control or custody of the Master Association's funds. 29 10.7. Master Association as TrusteelPremiums. All insurance coverage obtained by the Master Board shall be written in the name of the Master Association as trustee for the Owners or Community Association, as applicable. The premiums for the insurance shall be a Common Expense, subject to allocation among the Units or the applicable Community Association. The Master Board shall have exclusive authority to negotiate, settle and adjust losses under all policies obtained by the Master Association; provided, that any holder of a Mortgage on the Common Area having an interest in such losses shall be kept informed and have input into any settlement negotiations materially affecting its interests. 10.8. Deductibles. The Master Association may, in the case of a claim for damage to a Unit, (i) pay the deductible amount as a Common Expense, (ii) assess the deductible amount against the Units affected in any reasonable manner, or (iii) require the Owners of the Units affected to pay the deductible amount directly. The Master Association's decision as to who shall be charged with paying the deductible amount may, but need not, be based on fault. 4' 10.9. Policy Requirements. Insofar as permitted by law, the Master Association shall be required to make every effort to secure insurance policies with the following provisions and endorsements: 10.9.1. All policies shall be written with a company licensed to do business in the State of Minnesota and holding a rating of AAA or better in such financial categories as established by Best's Insurance Reports, if such a company is available, or if not available, its equivalent rating or the best rating possible. 10.9.2. All property insurance policies (if any) on Units shall be for the benefit of the Owners and their mortgagees, as their interests may appear. 10.9.3. All policies shall contain a waiver by the insurer of .its right to cancel without first giving thirty (30) days' prior written notice of such cancellation to the Master Association and to any mortgagee to which a mortgagee endorsement has been issued, and in the case of employee dishonesty insurance, to FNMA, if applicable. 10.9.4. No insurance policy or coverage shall be brought into contribution with insurance purchased by Owners or a Community Association, and all policies shall contain appropriate provisions to that effect. The Master Association's policy is primary insurance. Notwithstanding the foregoing, nothing in this section shall prohibit an Owner's individual insurance coverage (as differentiated from the insurance obtained and maintained by the Master Association) from providing "gap coverage" for any deductible under the Master Association's policy assessed to an Owner pursuant to Section 10.8 hereof. 10.9.5. All policies shall contain a waiver of subrogation by the insurer as to any claims against the Master Association or a Community Association, and their directors and officers, and the Owners, including without limitation the Master Association's manager. 30 10.9.6. All policies shall contain a provision that no policy may be canceled, invalidated, or suspended on account of the conduct of one or more of the Owners or a Community Association, or on account of the acts of any director, officer, employee, or agent of the Master Association or of its manager, without prior demand in writing delivered to the Master Association to cure the defect and the allowance of a reasonable time thereafter within which to cure the defect. 10.9.7. All liability insurance shall contain cross-liability endorsements to cover liabilit'j of the Master Association to an Owner and shall also name Master Declarant as an additional insured for so long as Master Declarant owns any. part of the Development. The Master Board shall review all policies of insurance at least annually to ascertain the sufficiency of the coverage contained in the policies. Notwithstanding anything to the contrary contained herein, however, the Master Association may, in its discretion, choose to obtain a single master policy for the coverages required hereunder or to obtain a separate policy for a Community Association for such coverages. 10.10. Individual Insurance on Units. Each Unit Owner shall carry, at his or her expense, public liability, property, title, and other insurance with respect to the Owner's Unit. The Master Association may require that any Owner carry additional insurance or endorsements to cover risks unique to the Owner's Unit. The Master Association may require such Persons to furnish copies or certificates of their insurance to the Master Association. 10.11 Damage or Destruction to Improvements on Common Area. Immediately after any damage or destruction by fire or other casualty to all or any part of the Common Area covered by the Master Association's insurance, the Master Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance, and shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed pr-operty. Repair or reconstruction, as used in this Section 10, means repairing or restoring the damaged property to substantially the same condition in which it existed prior to the casualty. 10.11.1. The Master Association shall, as expeditiously as possible, restore or replace the damaged Improvements on property insured under its polices; u,nless within a reasonable time following the damage or destruction (i) Master Declarant during the Master Declarant Control Period and (ii) at least seventy-five percent (75%) of the total votes of the Members of the Master Association, shall otherwise agree. 10.11.2. If the insurance proceeds are not sufficient to defray the cost of repair and reconstruction, and such deficiency cannot be appropriated from any reserve fund established for such purpose, the Master Board may levy a Special Assessment or other Assessments in an amount sufficient to pay the excess cost of repair or reconstruction. Master Assessment proceeds shall be held for the benefit of the Master Association and its Members, or such Members who are affected by such damage, together with the insurance proceeds. 31 10.11.3. Insurance proceeds and Master Assessments shall be disbursed by the Master Association in payment for such repair or reconstruction in accordance with such commercially reasonable methods of distribution as are established by the Master Board. The Master Board may retain such professional assistance as it deems necessary in handling the reconstruction work and disbursement of funds. Any proceeds remaining after defraying such costs shall be retained by and for the benefit of the Master Association. 10.11.4. If it is. determined that the damage or destruction shall not be repaired or reconstructed, the funds shall be retained by and for the benefit of the Master Association and its Members. Any ruins and debris within the Development shall be cleared and the Development shall be left in a clean, orderly, safe and sightly condition. 10.12. Damage or Destruction to Improvements Not on Common Area. In the event of damage or destruction to Improvements located on any Community Property, the Master Association shall undertake the prompt and diligent repair and reconstruction of the Improvements (to the extent the Master Association has an obligation to do so, as limited by Section 10.11), except as provided in this Section. Regardless of who undertakes the repair or reconstruction, the damaged Improvements shall be restored to substantially the same condition as existed prior to the casualty and in accordance with the requirements of this Master Declaration and all applicable zoning, subdivision, building, and other governmental regulations. Any such repair or reconstruction shall be commenced promptly following the casualty and receipt of insurance proceeds and other funds deemed sufficient in the Master Board's discretion, to complete such repair and reconstruction, and such repair and reconstruction shall be carried through diligently to conclusion. Notwithstanding the foregoing, the following requirements and procedures shall govern the described situations: 10.12.1. In the case of damage to or destruction of a Dwelling within a Community, the Master Association shall undertake the prompt and diligent repair and reconstruction of such Dwelling, unless otherwise agreed with the applicable Community Board of the Community. 10.12.2. Notwithstanding anything to the contrary in this Section, the Master Board may determine not to repair or reconstruct the damaged Improvements, or any part thereof, subject to (i) approval by the Community Board of the affected Community and any Owner whose Unit is damaged, and (ii) compliance with the requirements of the applicable Community Governing Documents and the Act. 10.12.3. The proceeds of all insurance coverage maintained by the Master Association shall be payable to the Master Association or the Community Association which is the named policy holder (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, as their interests may appear. The proceeds shall be disbursed first for the repair or restoration of the damaged Common Area and/or Units. 32 10.12.4. All costs of reconstruction of those parts of a Unit not covered by insurance shall be promptly paid by the Owner of the Unit. 10.13. Condemnation of Common Area. If all or any part of the Common Area shall be taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof by the Master Assoclation, the award or proceeds for such taking shall be payable to the Master Association and shall be disbursed or held as follows: 10.13.1. If the taking involves a portion of the Common Area on which Improvements have been constructed, then the Master Association shall restore or replace such Improvements, to the extent practicable, on the remaining Common Area in accordance with plans approved by the Master Board, the A.C.C., and by Master Declarant if the taking occurs during the Master Declarant Control Period. If the awards or proceeds are not sufficient to defray the cost of such repair and replacement and such deficiency cannot be appropriated fri;)m any reserve fund established for such purpose, the Master Board may levy a Master Assessment to pay such excess cost of repair or reconstruction. If the damaged Improvements are not to be repaired or restored, the award or proceeds shall be retained by and for the benefit of the Master Association and its Members. 10.13.2. If the taking or sale in lieu thereof does not involve ariy Improvements to the Common Area, or if there are net funds remaining after any repair or reconstruction of the Improvements is completed, then such funds shall be retained by and for the benefit of the Master Association and its Members. 10.13.3. The Master Association shall be the attorney-in-fact to represent the Owners and Members. 10.14. Condemnation of Community Property. If the taking includes all or any part of Community Property, the obligations and procedures for the repair, reconstruction or disposition of the Community Property following damage to or destruction thereof shall be governed by the provisions of the Act and the applicable Community Governing Documents. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Development as initially constructed and subsequently improved upon. Notice of substantial damage or destruction shall be given pursuant to Section 16.3. The Master Association shall be the attorney-in-fact to represent the Owners in any related proceedings, negotiations, settlements or agreements, and any awards or proceeds shall be payable to the Master Association for the benefit of the Owners and the mortgagees of their Units, as their interests may appear. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by the Act and the Community Governing Documents and the Master Governing Documents, as their interests may appear. 10.15. Termination of Membership. If it is determined not to restore and reconstruct the previously existing Improvements following a condemnation proceeding, the membership in the Master Association accruing to the applicable Community may be terminated by the Master Board if the Community is no longer viable; provided, that the Master Board shall have authority to allocate a 33 membership in the Master Association to the remaining property in the event that it is restored in a fashion acceptable to the Master Board. SECTION 11 COMPLIANCE AND REMEDIES 11.1. Entitlement to Relief. The Master Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Master Governing Documents or available at law or in equity. Legal relief may be sought by the Master Association against any Member, or Owner, or by a Member against the Master Association or another Member or Owner, to enforce compliance with the Governing Documents, the Rilles, the Act or the decisions of the Master Association. However, no Owner may withhold any assessments payable to the Master Association, or take or omit other action in violation of the Master Goverping Documents, the Rules or the Act as a measure to enforce such Person's position, or for any other reason. 11.2. Remedies. In addition to any other remedies, express or implied, administrative or legal, the lv1aster Association shall have the right, but not the obligation, to implement anyone or more of the following actions against Owners or Members, and/or their invitees, who violate the provisions of the Governing Documents, the Rules or the Act: 11.2.1. Commence legal action for damages or equitable relief in any court of competent jurisdiction. 11.2.2. Impose reasonable late charges for each past due assessment or installment thereof, and impose interest at the highest rate permitted by law on all such unpaid amounts. 11.2.3. If any assessment or installment thereof becomes more than thirty (30) days past due, all remaining installments of assessments assessed against the Unit owned by the defaulting Owner may be accelerated by the Master Association, and shall then be payable in full together with all costs of collection and late charges. Ten days (10) advance written notice of the acceleration shall be given to. the defaulting Person. 11.2.4. Impose reasonable fines, penalties or charges for each violation of the Governing Documents, the Rules, or the Act. 11.2.5. Suspend the rights of any Member to vote while the Member is in violation of the Master Governing Documents, the Master Rules, or the Act. 11.2.6. Suspend the rights of any Owner or Occupant and their invitees to use any Common Area recreational facilities for any violation, provided that the suspension of use rights shall not apply to deck, balcony, porch or patio easements appurtenant to a Unit, and those portions of the Common Area providing utilities service and access to the Member1s property, and provided, further, that such suspension shall not 34 entitle the Owner to a reduction in his or her share of the Master Assessments. Such suspensions shall be limited to periods of default for nonpayment of assessments, and up to sixty (60) days thereafter for other infractions of Governing Documents or the Rules. 11.2.7. Restote any portions of the Development damaged or altered, or allowed to be damaged or altered, by any Owner or Member in violation of the Master Governing Documents, and to assess the cost of such restoration against the responsible Person. 11.2.8. Enter any part of the Development on which, or as to which, a violation or breach of the Master Governing Documents exists which materially affects, or is likely to materially affect in the near future, the health or safety of the other Persons using the Development, or the safety or soundness of any Dwelling or other part of the Development or the property of other Persons, and to summarily abate and remove, at the expense of the offender, any structure, thing or conditio:g, which is causing the violation. 11.2.9. Foreclose any lien arising under the provisions of the Governing Documents or l1.'1der law, in the manner provided for the foreclosure of mortgages by action or under a power of sale in the state where the Development is located. 11.3. Rights to Hearing. Before the imposition of any of the remedies authorized by Sections 11.2.4, 11.2.5, 11.2.6 or 11.2.7, the Master Board shall, upon written request of the offender, grant to the offender an opportunity for a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least ten (10) days within which to request a hearing. The hearing shall be held by the Master Board within thirty (30) days after receipt of the hearing request, and with at least five (5) days notice to the offender. If the offender fails to appear at the hearing, then the right to a hearing shall be waived and the Master Board may take such action as it deems appropriate. The decision of the Master Board and the rules for the conduct of hearings established by the Master Board shall be final and binding on all parties. The Master Board's decision shall be delivered in writing to the offender within a reasonable time following the hearing, if not delivered to the offender at the hearing. 11.4. Liability for Owners' and Members' Acts. A Member or Owner shall be liable for the expense of any maintenance, repair or replacement of the Development rendered necessary by such Member's or Owner's acts or omissions, and to the extent such expense is not covered by the proceeds of insurance. However, any insurance deductible amount and/or increase in insurance rates resulting from the acts or omissions may be assessed against the Person responsible for the condition and against his or her Unit. 11.5. Costs and Attorneys' Fees. The Master Association may assess the offender's Unit with any expenses incurred in connection with enforcement of the Governing Documents or the Rules, including, without limitation, fines or charges previously imposed by the Master Association, fees of attorneys and other professionals, court costs, collection agency contingent fees and interest (at the highest rate allowed by law). If the offending Owner files for bankruptcy, the Master 35 Association shall also be entitled to recover all administrative and attorneys' fees and costs incurred by it in connection with the bankruptcy proceedings. 11.6. Lien/Liability for Charges, Etc. Any assessments, charges, fines, penalties, attorneys fees, costs or interest imposed under this Section shall be a lien against the Unit owned by the Person against whom the same are imposed and shall be the personal obligation of such Person in the same manner as the assessments. The lien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held untillhe Master Board ma..1ces a written decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the Master Association's right to pursue any others. 11.7. No Waiver. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. "'" SECTION 12 MASTER DECLARANT RIGHTS Master Declarant hereby reserves the authority to exercise the following Master Declarant Rights for as long as it owns a Unit or has the right to subject any Additional Property to the Development, or such shorter period as may be specifically indicated, subject to any agreement of the Master Declarant to the contrary. 12.1. Complete Improvements. To complete all Improvements included in Master Declarant's development plans or allowed by the Master Declaration, and to make alterations in the Common Area, and other parts of the Development owned by it, to accommodate its activities. 12.2. Relocate Boundaries and Alter Units. To relocate boundaries between Units owned by it, subject to any governmental requirements. 12.3. Sales Facilities. To construct, operate and maintain a sales office, management office, models and other development, sales and rental facilities within the Common Area and any other parts of the Development owned by Master Declarant. 12.4. Signs. To erect and maintain signs and other sales displays offering parts of the Development for sale, in or on any part of the Development owned by it or subject to its easement rights. 12.5. Easements. To have and use easements, for itself, its employees, contractors, representatives, agents and prospective purchasers through and over the Common Area to the extent reasonably necessary to exercise its Master Declarant Rights. 12.6. Control of Master Association. To control the operation and administration of the Master Association, including without limitation the power to appoint and remove the members of the Master Board, until the earliest of: (i) voluntary surrender of control by Master Declarant, (ii) a 36 Master Association meeting to elect new directors which shall be held within sixty (60) days after every Community is controlled by its members, as determined pursuant to the Act, or (iii) the date seven (7) years following the date of recording of the Master Declaration. 12.7. Appointment of A.C.C. Members. To appoint members of the A.C.C. as provided in Section 9. 12.8. Consent to Certain Amendments. As long as Master Declarant owns any unsold Unit, or has the unexpired right to subject Additional Property to this Master Declaration, Master Declarant's written consent shall be required for any amendment to the Governing Documents or Rules which directly or indirectly affects Master Declarant's rights under the Master Governing Documents or the Act. 12.9. Add Additional Property. To add Additional Property to the Development as described in Section 13. "" SECTION 13 RIGHTS TO ADD ADDITIONAL PROPERTY; RELOCATE AND SUBDIVIDE 13.1. Master Declarant's Rights to Add Additional Property. Notwithstanding anything contained in this Master Declaration to the contrary, Master Declarant hereby expressly reserves the right to add Additional Property owned by it to the Development, by an amendment to this Master Declaration executed by the owner of the Additional Property and approved in writing by the Master Declarant (if other than the owner), which approval shall not be unreasonably withheld or delayed, subject to the following conditions: 13.1.1. The right of Master Declarant to add Additional Property to the Development shall terminate ten (10) years after the date of recording of this Master Declaration or upon earlier express written withdrawal of such right by Master Declarant. 13.1.2. The Additional Property is described in Exhibit C. The Additional Property may be added to the Development in whole or in part and from time to time, in parcels of any size and configuration determined by each Master Declarant, subject to any governmental requirements. 13.1.3. There are no assurances as to the times at which any part of the Additional Property will be added to the Development, the order in which it will be added, the number of parcels per phase nor the size of the parcels. Master Declarant has no obligation to add the Additional Property to the Development and may develop it for any purpose consistent with applicable governmental requirements. 13.1.4 The total number of Units and other parcels of real estate intended for residential use subject to this Master Declaration as initially recorded is 33 Units and 1 other parcel of real estate (Common Area), as described on Exhibit A attached hereto and 37 incorporated herein by reference. The total number of Units and other parcels of real estate intended for residential use intended to be created by the addition of Additional Property or the subdivision of Units or other parcels of real estate is 279 Units and associated Common Area. 13 .1.5. Any Dwellings, buildings or other structures erected upon the Additional Property which is added to the Development shall be compatible with the existing Dwellings, buildings and structures which are located in the same Community in terms of quality of construction and principal materials employed in construction; subject (i) to any changes required by governmental authorities or lenders and (ii) to any interior and exterior changes authorized by each Master Declarant to meet changes in the market. 13.2. Master Declarant's Rights to Change Boundaries. The Master Declarant shall have the right to combine, subdivide or relocate the boundaries between Units owned by it. ~The Master Declarant may unilaterally take such action at any time prior to the conveyance of the property in question to another Person, or thereafter with the consent of the Owners whose Units are affected and other Owners of the property in question, subject to the following requirements: 13.2.1. Any relocation, combination, conversion or subdivision shall comply with all governmental laws, codes and regulations applicable to the transaction. 13 .2.2. Any membership accruing to a Community shall be reallocated as determined by the applicable Community Board based upon the standards set forth in the Governing Documents. 13.2.3. The relocation, combination or subdivision may be accomplished by an amendment to the appropriate Governing Documents, and shall be for purposes consistent with those set forth in such Governing Documents. 13.2.4. If the change involves a Community and Community Governing Documents have been recorded, then the approval of the Declarant under the Community Governing Documents shall be required so long as such Declarant owns an unsold Unit in such Community. 13.2.5. Any Community Governing Documents shall be amended by the Master Declarant, if necessary. 13.3. Transfer of Master Declarant Rights. Some or all of the Master Declarant Rights may be voluntarily transferred by Master Declarant by a separate instrument signed by Master Declarant and the transferee, and recorded against the portions of the Development Area affected. The transfer of the Master Declarant Rights shall be governed by Section 515B.3-1 04 of the Act. 38 13.4. Rights and Obligations of Master Declarant. Upon transfer of any Master Declarant Rights, the liability of the transferor Master Declarant shall be as follows: 13 .4.1. The transferor Master Declarant shall remain liable for any obligation or liability arising before the transfer. 13.4.2. The transferor Master Declarant shall remain liable for any obligation or liability relating to any Master Declarant Rights retained by the transferor Master Declarant. 13.4.3. The transferor Master Declarant shall have no liability for any act or omission arising from the exercise of a Master Declarant Right by the transferee of the Master Declarant Right. 13.5. Rights and Obligations of Successor Master Declarant. Any transferee of Master Declarant Rights shall be entitled to exercise such Master Declarant Rights and shall1J..e subject to all of the obligations with respect thereto; except (i) misrepresentations of the transferor Master Declarant; (ii) warranty obligations on improvements by any transferor Master Declarant; (iii) breach of fiduciary obligation by any transferor Master Declarant or by any officers or members of the Master Board appoillted by a transferor Master Declarant, (iv) any liability or obligation imposed on the transferor Master Declarant as a result of the transferor's acts or omissions after the transfer; and (v) any liability arising out of any Master Declarant Rights retained by the transferor Master Declarant. SECTION 14. AMENDMENTS Except as provided in Section 13 governing the Master Declarant's right to add Additional Property to the Development, this Master Declaration may be amended by recording an appropriate amendment in the office of the applicable county recording officer, subject to the following requirements: 14.1. Approvals. The amendment shall have been approved by the following: 14.1.1. Owners holding at least sixty-seven percent (67%) of the votes in each Community. 14.1.2. A majority of each Community Board. 14.1.3. The Master Declarant, so long as Master Declarant owns an unsold Unit or has the right to subject Additional Property to this Master Declaration, and the amendment affects any Master Declarant Right. 14.1.4. At least fifty one percent (51 %) of Eligible Mortgagees of the Units that are subject to first mortgages (based upon one vote per first mortgage owned) in the Member Community. Implied approval of a proposed amendment shall be assumed when an Eligible Mortgagee fails to submit a response to any written proposal for an 39 amendment within thirty (30) days after it receives proper notice of the proposal, provided that the notice was delivered by certified mail with a return receipt requested. 14.2. Binding Effect. Any duly adopted amendment to this Master Declaration shall run with the Development and bind the Development for the same period and to the same extent as do the covenants and restrictions set forth herein. 14.3. Affidavit of Compliance. An affidavit by the President or Secretary of the Master Association as to the outcome of the vote, or the execution of any written approvals, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. 14.4. Additional Requirements under Act: Recording Required. Any amendment shall be subject to any greater requirements imposed by the Act. The amendment shall be eff~ctive when recorded as provided in the Act. SECTION 15 INDEMNIFICATION The Master Association shall, to the extent the alleged liability is not covered by insurance, indemnify every individual acting in good faith in any official capacity on behalf of the Master Association, in accordance with the provisions of Minnesota Statutes 317 A.521. SECTION 16 MISCELLANEOUS 16.1. Severability. If any term, covenant, or provision of this instrument or any eXhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 16.2. Construction. The Governing Document shall be construed in accordance with the laws of the State of Minnesota. Where applicable, the masculine gender of any word shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 16.3. Notices. Unless specifically provided otherwise in the Master Governing Documents or the Act, all notices required to be given by or to the Master Association, the Master Association officers, an Owner or Occupant, or a Member, shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail, except as expressly provided otherwise in the Master Governing Documents. 40 16.4. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, the Master Declaration, the Master Bylaws or the Master Rules, the Act shall control unless it . permits the documents to control. As among the Master Declaration, Master Bylaws and Master Rules, the Master Declaration shall control, and as between the Master Byla'Ys and the Master Rules, the Master Bylaws shall control. The Master Governing Documents shall control as against Community Governing Documents or Community Rules. As between the Master Rules and the Community Rules, the more restrictive shall govern. 16.5. Duration of Covenants. The covenants, conditions, restnctlOns, easements, liens and charges contained in this Master Declaration shall be perpetual, subject only to termination as provided in this Master Declaration or the Act. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year fIrst set forth in accordance with the requirements of the Act. ~ THE RYLAND GROUP, INC. By: Its: ) ) ss. ) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 200_, by , the of The Ryland Group, Inc., a Maryland corporation, on behalf of the corporation. Notary Public S:\Ryland\ParkView\Master Doc's\Declaration 41 EXHIBIT A TO MASTER DECLARATION PARK VIEW DESCRIPTION OF DEVELOPMENT Units Lots 23 through 38, inclusive, Block 1; Lots 98 through 106, inclusive, Block 1; Lots 116 through 123, inclusive, Block 1; All in Huset Park, Anoka County, Minnesota Common Elements Lot 124, Block 1, Huset Park, Anoka County, Minnesota EXHIBIT B TO MASTER DECLARATION PARK VIEW DESCRIPTION OF COMMON AREA Lot 124, Block 1, Huset Park, Anoka County, Minnesota EXHIBIT C TO MASTER DECLARATION PARK VIEW DESCRIPTION OF ADDITIONAL PROPERTY Lots 1 through 8, inclusive, Block 1; Lots 9 through 16, inclusive, Block 1; Lot 17 through 22, inclusive, Block 1; Lots 39 through 46, 'inclusive, Block 1; Lots 47 through 82, inclusive, Block 1; Lots 83 through 79, inclusive, Block 1; Lot 107 through 115, inclusive, Block 1; All in Huset Park, Anoka County, Minnesota CONDOMINIUM PROPERTY? OTHER ADDITIONAL REAL ESTATE?? -"" CONSENT AND JOINDER BY MORTGAGEE ("Lender"), the mortgagee of the real property described in the Master Declaration for Park View, Anoka County, Minnesota ("Declaration"), pursuant to a mortgage in favor of Lender filed for record with the County Recorder/Registrar of Titles in and for Anoka County, Minnesota, on , 20_, as Document No. In its sole capacity as mortgagee, Lender hereby consents to and joins in the foregoing Declaration and hereby declares that said real property is, and shall be held, transferred, sold, conveyed and occupied subject to the covenants, conditions, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") set forth therein, which covenants and restrictions shall run with the real property and be binding on all parties having any right, title or interest in the properties described therein or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof; provided, however, that said consent and joinder is hereby made solely for the purpose of burdening and subjecting said real property with the covenants, conditions, restrictions, easements, charges and liens set forth therein; and provided further, however, that by consenting and joining in said Declaration, Lender shall not and does not in any manner constitute itself or obligate itself as Declarant, nor does such consent and joinder in any way or manner modify or amend the terms and conditions of any of the loan documents executed and delivered in conjunction with and in accordance with the above described mortgage loan. IN WITNESS WHEREOF, Lender has caused this Consent and Joinder to be executed on the day of , 200_. [name oflender] By: Its: STATE OF ) ) ss. ) COUNTY OF The foregomg instrument was acknowledged before me this , 200_, by day of [name of [lender the laws of officer], the name], a [office] of organized and existing under , on behalf of [lender name]. s:\Ryland\Park View\Consent and Joinder Notary Public