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! ..
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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
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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: $
$2,248.49
If costs associated with equipment are on this invoice, a copy of the manufacturer's
bill or invoice to you must also be attached.
~ !!
:::
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.....,.....,:...::.~
. ,'.-
;. - .:'
. .,....;
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. . . . .
:'. ',-., ::
"'A,.N..O. KA.. .:
",' .. '.., ',"
:: .: .:' :.' :.
. . . .
. . ..,' "
.. .
'.<8. '0. UN'" TY...::
;', ::-: " :.-.:-:: ,.:>C:
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:. , . : " ':. '~..' ......
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COUNTY OF ANOKA
2100THIRDAVEl'HJE ....7~.11~2
ANOKA, MINNESOTA; 55303 '...\. .
THIS CHECK IS VOID 3 MONTHS FROM DATE OF ISSUE
CHECK NO. B 852639
DATE
8/05/2005
"".:,'.; ::.,." . .
,,',', : ....'.:..
.':::;:; '.;.';':-'.:-;'
AMoUNT
PAY
NINE HUNDRED THIRTY DOLLARS AND NO CENTS
*******930.00
.: .,>.~\: ;:; ":':::-;/";:<i}<.: :.:: :::r;: ~ )<>::::-,::.: ..;.: /"./?:\?:;: j(\::\~\.:
~Q~iliM~IA~ ErG Htkp6i.1 C EQEPl; . ......
559 MILL ST NE ....... ......i.. H.i....(
,. .... . , .
....... .'.' ,.' . . "',"', ,".. ,
HC;OLUM13IAHEIGHT$.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
)
~
~
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~
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.
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Plot Date: 7/12/2005
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----~~-42'Ect---------------------------.--------.---38- AVE "NE--------------
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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 '. ,_ ,', _'< ,)', '_,_, '.. _ , _
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'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
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Minneapolis, MN 55413
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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
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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
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under applicable zoning roqulolions. See Location and Zoning Map.
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Proposed U3e:
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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:
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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.
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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
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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)
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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
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PIO # 35-30-24-31-0041
PIO # 35-30-24-31-0160
PIO # 35-30-24-31-0041
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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
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Ham Lake, MN
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Minnetonka, MN
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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
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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.
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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.
Page 2 of 2
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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
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CONIFEROUS EVERGREEN SHRUBS ...,
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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.
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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.
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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.
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.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.
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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
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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.
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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.
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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
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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.
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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.
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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