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HomeMy WebLinkAbout10-12-2015 Regular MeetingThe following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 12, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 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 City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 4 41111cOi81114 1aV 2. ROLL CALL 3. INVOCATION Invocation provided by Bill Hugo, St. Matthew Lutheran Church 4. PLEDGE OF ALLEGIANCE 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS pg 5 A. Proclaiming October as Polish American Heritage Month in Columbia Heights, MN 7. 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. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council work session of October 5 2015 pg 6 MOTION: Move to approve the minutes of the Assessment Hearings from October 5, 2015 pg 9 MOTION: Move to approve the minutes of the City Council meeting of September 28, 2015 pg 24 B. Accept Board and Commission Meeting Minutes pg 31 MOTION: Move to accept the draft Planning & Zoning Commission Minutes from October 6, 2015 C. Second Amended and Restated Development Contract for Private Development At Huset Park p 55 Mayor COLUMBIA Gary L Peterson CSI HEIGHTSRobert Councilmembers A. Williams Bruce Nawrocki City of Columbia Heights Donna Schmitt th 59040 Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TDD (763) 706 -3692 John Murzyn, Jr. City Manager Visit our website at: www.columbiaheightsmn.gov Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, October 12, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 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 City Clerk at 763 - 706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only.) 4 41111cOi81114 1aV 2. ROLL CALL 3. INVOCATION Invocation provided by Bill Hugo, St. Matthew Lutheran Church 4. PLEDGE OF ALLEGIANCE 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS pg 5 A. Proclaiming October as Polish American Heritage Month in Columbia Heights, MN 7. 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. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council work session of October 5 2015 pg 6 MOTION: Move to approve the minutes of the Assessment Hearings from October 5, 2015 pg 9 MOTION: Move to approve the minutes of the City Council meeting of September 28, 2015 pg 24 B. Accept Board and Commission Meeting Minutes pg 31 MOTION: Move to accept the draft Planning & Zoning Commission Minutes from October 6, 2015 C. Second Amended and Restated Development Contract for Private Development At Huset Park p 55 City of Columbia Heights City Council Agenda October 12, 2015 Page 2 MOTION: Move to waive the reading of Resolution 2015 -81, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -81, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates I, LLLP for the "Redeveloper Parcels" at Huset Park Senior Living. MOTION: Move to waive the reading of Resolution 2015 -83, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -83, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates I, LLLP for the "Remnant Parcel" at Huset Park Senior Living. D. Authorization to seek bids for 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer diseased tree and hazardous tree removal program pg 130 MOTION: Move to authorize staff to seek bids for the 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. E. Approve final compensating change order and final payment for Splash Pad, Project 1512 pg 131 MOTION: Move to approve the final compensating change order and accept the work for the Huset Park Splash Pad, City Project No. 1512; and to authorize final payment of $ 15,816.50 to Odesa II LLC of Sauk Rapids, Minnesota. F. Final payment for Zone 7 Seal Coat pg 134 MOTION: Move to accept the work for 2015 Seal Coat, City Project No. 1301 and authorize final payment of $35,285.61 to Allied Blacktop Company of Maple Grove, Minnesota. G. Adopt Resolution 2015 -80 being a resolution ordering preparation of a report for MSAS Overlay 136 MOTION: Move to waive the reading of Resolution 2015 -80, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -80, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1605. H. Adopt Resolution 2015 -82 being a resolution ordering 138 p g g preparation of a report for Zone 76 Se MOTION: Move to waive the reading of Resolution 2015 -82, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -82, being a Resolution ordering preparation of a feasibility report for Zone 7B Street Seal Coat Program, Project 1501. I. Adopt Resolution 2015 -79 being a resolution ordering preparation of a report for Zones 2 and 3 Street Rehabilitation p 140 MOTION: Move to waive the reading of Resolution 2015 -79, there being ample copies available for the public. MOTION: Move to adopt Resolution 2015 -79, being a Resolution ordering preparation of a feasibility City of Columbia Heights October 12, 2015 City Council Agenda Page 3 report for Zones 2 and 3 Street Rehabilitation, Project 1602. pg 143 J. Accept bids and award contract for Library Fiber Optic MOTION: Move to accept bids and award Fiber Optic for the new Library, City Project No. 1410, to Telecom Construction, based upon their low, qualified, responsible bid in the amount of $24,953 from Fund 450 - 51410 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. pg 144 K. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 12, 2015 L. Payment of Bills pg 146 MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 158477 through 158654 in the amount of $659,324.28. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS pg 154 A. Resolution approving a Conditional Use Permit for a dynamic LED sign for the property located at 4457 Central Avenue NE MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -70, there being ample copies available to the public. MOTION: That the City Council approve a Conditional Use Permit for the property located at 4457 Central Avenue NE. B. Resolution approving a Variance for a sign located at 4457 Central Avenue NE pg 170 MOTION: Move to close the public hearing and deny the follwong request: 1. Waiver to Section 9.106(P) (13) (2)- allowing a pylon sign in the General Business Zoning district to exced the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. C. Resolution approving the Site Plan for a development to be located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE pg 183 MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -72, there being ample copies available to the public. MOTION: That the City Council approve the Site Plan for a development to be located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. D. Resolution approving a Preliminary and Final Plat for the properties located at 317 37th Avepngue NE., 3700 5th St. NE., and 450 38th Avenue NE MOTION: Move to close the public hearing and waive the reading of Resolution 2015 -65, there being ample copies available to the public. MOTION: That the City Council approve a Preliminary and Final Plat for the properties located 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. City of Columbia Heights City Council Agenda 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. CITIZENS FORUM October 12, 2015 Page 4 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. 12. ADJOURNMENT Walt Fehst, City Manager PROCLAMATION OCTOBER - 2015 - POLISH AMERICAN HERITAGE MONTH WHEREAS, This is the 34th Anniversary of the founding of Polish American Heritage Month. WHEREAS, Sister Cities International, is a non - profit 501 -C3 citizens' diplomacy network that was founded by President Dwight D. Eisenhower in 1956. This network currently unites 545 communities with 2,121 partnerships in 145 countries. WHEREAS, Our Columbia Heights, MN /Lomianki, Poland — Sister Cities, International, organization is celebrating our 24th Anniversary. We became official on May 13, 1991. Our dedicated volunteers actively sponsor various humanitarian, educational, cultural, civic and social events. WHEREAS, We sponsored the Showcases for Young Artists (9th consecutive year) and Young Poets. Entries are submitted by students 13 -18 years of age. Winners received cash prizes at a public Open House in Murzyn Hall on April 22, 2015. The first place artwork and top poems were forwarded to Washington, DC, for national judging. WHEREAS, James Phillippi, Columbia Heights resident and U.of MN /St. Cloud student's senior thesis described our Sister Cities' organization and its positive impact on the City of Columbia Heights. Several members assisted him with his research. His professors suggested having his thesis published. WHEREAS, Our Sister Cities' group received the prestigious honor for having the BEST OVERALL PROGRAM in the UNITED STATES this past year. (The entry was submitted by CoChair Dolores Strand). This National Award is for the category of communities under 25,000 population. Members received this award during the Global Conference hosted by the twelve (12) Sister Cities partnered with Minneapolis. Our Columbia Heights flag was proudly carried in the famous Parade of Flags on July 17th at the Opening Ceremony of the three day conference . WHEREAS, Four of our Columbia Heights' Police Officers participated in the initial phase of a professional exchange with Lomianki's Police Department in August, 2015. Representing Columbia Heights were Chief Scott Nadeau, Sergeants Erik Johnston and Justin Pletcher, and Officer Jason Piehl. They also worked with departments in Warsaw and Prague. We donated $4,000.00 towards their expenses. WHEREAS, Five of our members traveled to Poland at their own expense for extended weeks of volunteering in schools and childrens' group homes. We are so very proud of the dedication of Gregory and Sandra Logacz, Phyllis Husted and John Bieniek, and Mary Jerde. They were also present at the annual commemorative ceremony in Lomianki on September 20th honoring our American Flyers and their Polish heroes;as well as the traditional re- enactment of the 1939 Battle when the Germans invaded Poland. WHEREAS, The Columbia Heights Public Library promotes Polish American Heritage Month with special exhibits, book presentations, and a recent program about "Polish Castles and Palaces ". WHEREAS, We sponsored the successful exchange of original greeting cards between Highland and Lomianki Elementary Schools. Member Patricia Sowada has been the coordinator of this popular project. NOW, THEREFORE, BE IT PROCLAIMED, that I, GARY L. PETERSON, MAYOR, do hereby designate OCTOBER, 2015, as POLISH AMERICAN HERITAGE MONTH in COLUMBIA HEIGHTS, MINNESOTA. (Seal) Mayor Gary L. Peterson - October 12, 2015 Meeting of: Date of Meeting: Time of Meeting: Location of Meeting: Purpose of Meeting: CALL TO ORDER /ROLL CALL The meeting was called to order at 7:33 PM These minutes have not been approved. COLUMBIA HEIGHTS CITY COUNCIL October 5, 2015 7:00 PM- Following the Assessment Hearings Conference Room #1 WORKSESSION Present: Mayor Peterson, Councilmembers Murzyn Jr, Nawrocki and Schmitt Absent: Councilmember Williams Also Present: City Manager Walt Fehst, Finance Director Joe Kloiber, Human Resources Director /Assistant to the City Manager Kelli Bourgeois, Recreation Director Keith Windschitl, Fire Chief Gary Gorman, Library Director Renee Dougherty, Police Chief Scott Nadeau and City Clerk Katie Bruno. Discussion regarding the 2016 Budget: Finance Director Joe Kloiber reported that in 2016 all departments have a new line item for Information Services costs, it was noted that this was transfered from the General Government budget. Councilmember Nawrocki questioned how the 2016 levy compares to the 2015 levy for all departments. Director Kloiber stated he would create that document, and provide it to the council at a later date. Recreatinn- Recreation Director Keith Windschitl gave an overview of the nine divisions included in the Recreation Budget, noting an overall decrease of $5,172 for 2016. Councilmember Nawrocki asked Director Windschitl how he would eliminate any increase in the levy. Windschitl noted his department's budget has decreased. Director Kloiber explained that the overall increase in the levy is not necessarily shared equally through each department. Councilmember Nawrocki stated he would like to see the overall levy reduced to a 5% increase, closer to the library bonding amount. Kloiber noted that with approved contract salary increases of 2.5 %, it may be difficult. Fire: Fire Chief Gary Gorman reported there were not many changes in the fire budget from 2015 to 2016. The Information System increase of $11,000 is the most significant. Councilmember Nawrocki asked Chief Gorman how he would eliminate any increase in the levy. Chief Gorman stated the fire budget is underfunded, and any decrease would be difficult. Councilmember Schmitt asked if the department has looked into a Community EMS program. Gorman indicated that he has looked into the program, and currently we do not have adequate staff to support the program. City Manager Walt Fehst suggested there could be liability issues associated with the program. Director Kloiber explained the SAFER grant, and how it is reflected in the budget. Li b ra ry: Library Director Renee Dougherty reported the construction of the new library will provide more efficiency in energy costs. Staffing changes will be necessary due to the Affordable Care Act. The adoption of RFID (self- check) technology is anticipated, this can result in a decrease in staffing requirements. Dougherty reported the Library Foundation has indicated they are interested in funding the RFID technology, an estimated cost of $65,000. Councilmember Nawrocki questioned why staffing costs are not reduced as a result of building the new library. Director Dougherty stated that the new library will be open for only a portion of 2016, and there will likely be a period of transition. Councilmember Nawrocki asked Director Dougherty how she would eliminate any increase in the levy. Dougherty noted that 71% of the library budget is staff cost, so that would be the area she would reduce. Finance: Finance Director Joe Kloiber reported the Finance Department had a minor decrease in staffing due to the Affordable Care Act. Kloiber clarified the recent title change from Secretary II to Account Clerk II, had no change to salary. A substantial increase of $20,000 is planned to replace the City's wireless connection, as the current system is no longer supported. Director Kloiber noted the council has previously authorized replacement of the City's accounting system, and hopes to have an RFP ready later in the year. General Government: Finance Director Joe Kloiber explained that the allocated amount from Information Services has been moved from this budget to the specific departments. Kloiber reported that the city is scheduled to replace four copers in 2016, these machines will be in their 5th year. It was reported that after five years, the maintenance agreement becomes expensive and parts become hard to obtain. Kloiber stated that the 2016 budget does not presume any change in the Newsletter. City Manager Walt Fehst shared a recent edition of the Fridley Newsletter, and suggested we continue to put an effort in communication. Councilmember Nawrocki stated he would like the newsletter to include all sides of a story. The council discussed the inclusion of $1,400 for the Public Arts Commission, noting it is likely a one -time cost, and it may not continue on annual basis. Councilmember Schmitt explained the PAC is under the understanding that any donations they receive are to be channeled through the City, and this allows an avenue to do so. Councilmember Nawrocki asked Director Kloiber how he would eliminate any increase in the levy. Kloiber suggested the elimination of accepting over the phone utility payments. Councilmember Schmitt questioned what budget the current library building will fall under in the future. City Manager Walt Fehst reported Director Hansen is in the process of getting an appraisal on the current building. Police: Chief of Police Scott Nadeau reported the significant changes to the Police Department budget include Police Safety Data System and Two Factor Authentication increases. The department intends to purchase three vehicles in 2016; two marked and one unmarked. Chief Nadeau reported the addition of a part -time CSO will provide many benefits including; freeing up sworn officers, as well as aiding in recruitment efforts. Nadeau stated it can also help in public perception of the police department. Councilmember Nawrocki asked for an update on the recently implemented body cameras for officers. Chief Nadeau spoke highly of the program, noting they have exceeded expectations. 7 Councilmember Schmitt asked for an update on funding sources for a police substation in the Circle Terrace neighborhood. Chief Nadeau reported letters of support have been received, and he will look at various funding options. Chief Nadeau said if he were to reduce his budget, it would likely be in the area of community outreach. Meeting Adjourned at 9:38 PM Respectively Submitted, Katie Bruno, City Clerk /Council Secretary Official Proceedings These minutes have not been approved City of Columbia Heights City Council SPECIAL ASSESSMENT LEVY HEARING OCTOBER 5, 2015 6:00 P.M. THE FOLLOWING ARE THE MINUTES FOR THE SPECIAL ASSESSMENT MEETING OF THE CITY COUNCIL HELD AT 6:00 PM ON MONDAY OCTOBER 5, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call /Pledge of Allegiance Mayor Peterson called the meeting to order at 6:00 PM Present: Mayor Peterson, Councilmembers Schmitt, Nawrocki and Murzyn, Jr. Absent: Councilmember Williams Also Present: Walt Fehst -City Manager, Kevin Hansen - Public Works Director, Kathy Young- Assistant City Engineer, Barb Thomas - Assessing Clerk, and Katie Bruno - Council Secretary. Resolution 2015 -74, being a _Resolution Levying and Adopting the Assessment for 2015 Street Seal Coat Improvement, Proiect 1301 Director Hansen gave an overview of the project. The final assessment rates are the same as proposed at the Public Improvement Hearing. The original assessment notices were noticed with an interest rate of 6 %, Hansen noted in the past, Council has decreased that to 4.5 %. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the Public Hearing and waive the reading of Resolution 2015 -74, there being ample copies available to the public. All Ayes. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015- 74, being a resolution levying and adopting the assessment for 2015 Zone 7A Street Seal Coat Improvement Project 1301, with an interest rate of 4.5 %. Motion by Councilmember Nawrocki to reduce the interest rate to 3 90. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015- 74, being a resolution levying and adopting the assessment for 2015 Zone 7A Street Seal Coat Improvement Project 1301, with an interest rate of 4.5 %. All Ayes, Motion Carried. Meeting adjourned at 6:09 PM Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2015 -74 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2015 - Z7 -01 -001: Seal Coat on 5th Street from 37th Avenue to 38th Avenue, 38th Avenue from 5th Street to dead end, 38th Avenue from cul de sac to Madison Place, 38th Avenue from Madison Place to dead end, 38th Avenue from dead end to Quincy Street, 38th Place from Madison Street to dead end, Madison Street from 37th Avenue to 38th Avenue, Lookout Place from Summit Street to Proft Place, and Summit Street from Lookout Place to 5th Street, all in project 1301; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:00 o'clock p.m. on the 5th day of October, 2015, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Zone 7 Seal Coat" numbered 2015 -Z7 -01 -001, Project 1301, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 4th, 2015. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2016. The annual principal installments, together with 4.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of one year as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2015 -Z7 -01 -001, Project 1301. Section 5: This resolution shall take effect immediately upon its passage. Of Official Proceedings These minutes have not been approved City of Columbia Heights City Council SPECIAL ASSESSMENT LEVY HEARING OCTOBER 5, 2015 6:15 P.M. THE FOLLOWING ARE THE MINUTES FOR THE SPECIAL ASSESSMENT MEETING OF THE CITY COUNCIL HELD AT 6:15 PM ON MONDAY OCTOBER 5, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call /Pledge of Allegiance Mayor Peterson called the meeting to order at 6:15 PM Present: Mayor Peterson, Councilmembers Schmitt, Nawrocki and Murzyn, Jr. Absent: Councilmember Williams Also Present: Walt Fehst -City Manager, Kevin Hansen - Public Works Director, Kathy Young- Assistant City Engineer, Barb Thomas - Assessing Clerk, and Katie Bruno - Council Secretary. Resolution 2015 -75 being a Resolution Levying and Adopting the Assessment for 2015 Concrete Alley Construction, Project 1402. Director Hansen gave an overview of the project. The final assessment rates are the same as proposed at the Public Improvement Hearing for parcels with full access to the alleys. Director Hansen explained that parcels with limited and restricted access have a portion of their assessment subsidized. The original assessment notices were noticed with an interest rate of 6 %, Hansen noted in the past, Council has decreased that to 4.5 %. Councilmember Schmitt questioned the process for City owned property in the assessment area. Director Hansen explained the City pays the same portion as any other benefiting property. Kristen Winters and Chad Roberts -4207 Van Buren St NE objected to the limited access classification, indicating they have no access. Photos were distributed to the Council, showing the large grade change at their property. Mr. Roberts stated their driveway is on Van Buren St NE. Mayor Peterson recommended changing their assessment to the "restricted access' rate. Director Hanses stated if the change is made to one property; it should be changed on three total: 4201, 4207 and 4213 Van Buren St NE. Dana Karjalahti -4213 Van Buren St NE explained they have the same issue, and do not have access to the alley because of a steep grade. Councilmember Nawrocki noted a letter was received from Malcom Watson, stating he feels the commercial assessment policy is high in comparison to others. Steve Sanchez -3923 Van Buren St NE questioned the monthly amount of the assessment over the 10 year period. Director Hansen gave an overview of payment options; explaining that if the amount is paid in full within 30 days, there is no interest charged. A resident from 3928 Central Ave questioned when his fence will be corrected. Director Hansen explained that is an item on the punch list, and will be taken care of soon. The resident also questioned why he was charged the commercial rate, when his property is both residential and commercial. Director Hansen explained the property is zoned commercial. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the Public Hearing and waive the reading of Resolution 2015 -75, there being ample copies available to the public. All Ayes. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution im 2015 -75, being a resolution levying and adopting the assessment for 2015 Concrete Alley Construction Project 1402, with an interest rate of 4.5°0, and making the recommended changes to the properties at 4201, 4207 and 4213 Van Buren St NE. Motion by Councilmember Nawrocki to reduce the interest rate to 3 %. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -75, being a resolution levying and adopting the assessment for 2015 Concrete Alley Construction Project 1402, with an interest rate of 4.5%, and making the recommended classification changes to "restricted access" to the properties at 4201, 4207 and 4213 Van Buren St NE. All Ayes, Motion Carried. Meeting adjourned at 6:45 PM Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2015 -75 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2014 - AL -06 -002 and 2014 -AL -06 -003: Concrete Alley Construction on alleys located between Van Buren Street and Central Avenue from 39th Avenue to 40th Avenue, Van Buren Street and Central Avenue from 42nd Avenue to 43 d Avenue, and Monroe Street and Quincy Street from 42nd Avenue to 43rd Avenue, all in project 1402; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:15 o'clock p.m. on the 5th day of October, 2015, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 12 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Concrete Alley Construction" numbered 2014 -AL -06 -002 and 2014 -AL -06 -003, Project 1402, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 4th, 2015. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2016. The annual principal installments, together with 4.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2014 -AL -06 -002 and 2014 -AL -06 -003, Project 1402. Section 5: This resolution shall take effect immediately upon its passage. 13 Official Proceedings These minutes have not been approved City of Columbia Heights City Council SPECIAL ASSESSMENT LEVY HEARING OCTOBER 5, 2015 6:30 P.M. THE FOLLOWING ARE THE MINUTES FOR THE SPECIAL ASSESSMENT MEETING OF THE CITY COUNCIL HELD AT 6:30 PM ON MONDAY OCTOBER 5, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call /Pledge of Allegiance Mayor Peterson called the meeting to order at 6:48 PM Present: Mayor Peterson, Councilmembers Schmitt, Nawrocki and Murzyn, Jr. Absent: Councilmember Williams Also Present: Walt Fehst -City Manager, Kevin Hansen - Public Works Director, Kathy Young- Assistant City Engineer, Barb Thomas - Assessing Clerk, and Katie Bruno - Council Secretary. Resolution 2015 -76 being a Resolution Levying and Adopting the Assessment for 2015 Street Rehabilitation, Zone 1- Full Steet Reconstruction, Proiect 1502. Resolution 2015 -77 being a Resolution Levying and Adopting the Assessment for 2015 Street Rehabilitation, Mill & Overlay, Project 1502. Director Hansen gave an overview of the project, noting the project includes both 4th St. and 41St Ave. The final assessment rates are about 3% lower than those proposed at the Public Improvement Hearing. The original assessment notices were noticed with an interest rate of 6 %, Hansen noted in the past, Council has decreased that to 4.5 %. Councilmember Nawrocki questioned the assessment rate for each individual condominium unit. Director Hansen reported the rate is $593 over ten years. Bulla Hutchinson questioned when the assessment could be paid to avoid interest chargers. Director Hansen explained payments received by November 4, 2015 will not be forwarded to Anoka County. Ehat Tesfaye -410 42nd Ave NE asked if there are any assistance options available. Director Hansen reported there are a couple of options, and he would meet with the homeowner to discuss. They questioned the frequency of street assessments. Hansen stated being they are on a corner lot, it may be about eight years, noting it would be at a lower cost. Dolores Carlson had questions about accessibility when they pave the road. Hansen stated they will be able to get through without any trouble. Joan Dobbs -4024 4th St NE requested the council consider adjusting the interest rate to 4.5% as well. A resident from 4200 Quincy St NE asked if there are other payment plans available. Hansen explained how the assessment process works. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the Public Hearing and waive the reading of Resolution 2015 -76 and 2015 -77, there being ample copies available to the public. All Ayes. Motion by Councilmember Nawrocki to reduce the interest rate to 3 %. Mayor Peterson commented that there is a cost to administer the various projects, and the interest helps to recover some of those costs. Councilmember Nawrocki stated the initial construction cost reflect the administrative costs. Motion failed for lack of a second. 14 Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -76, being a Resolution Levying and Adopting the Assessment for 2015 Street Rehabilitation, Zone 1- Full Street Reconstruction, Project 1502 with an interest rate of 4.5 %. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -77, being a Resolution Levying and Adopting the Assessment for 2015 Street Rehabilitation, Mill & Overlay, Project 1502 with an interest rate of 4.5 %. All Ayes, Motion Carried. Meeting adjourned at 7:10 PM Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2015 -76 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2015 - Z1 -02 -001: Zone 1 Full Street Reconstruction on 4th Street from 40th Avenue to 42nd Avenue, all in project 1502; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:30 o'clock p.m. on the 5th day of October, 2015, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Zone 1 Full Street Reconstruction" numbered 2015 -Z1 -02 -001, Project 1502, a copy of which is attached hereto and made a part hereof. W Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 4th, 2015. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2016. The annual principal installments, together with 4.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of fifteen years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2015 -Z1 -02 -001, Project 1502. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION 2015 -77 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2015 - Z1 -44 -001: Zone 1 Mill and Overlay on 41St Avenue from Central Avenue to Cul -de -sac, all in project 1502; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:30 o'clock p.m. on the 5th day of October, 2015, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 16 Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "Zone 1 Mill and Overlay' numbered 2015 -Z1 -44 -001, Project 1502, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 4th, 2015. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2016. The annual principal installments, together with 4.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2015 -Z1 -44 -001, Project 1502. Section 5: This resolution shall take effect immediately upon its passage. 17 Official Proceedings These minutes have not been approved City of Columbia Heights City Council SPECIAL ASSESSMENT LEVY HEARING OCTOBER 5, 2015 6:45 P.M. THE FOLLOWING ARE THE MINUTES FOR THE SPECIAL ASSESSMENT MEETING OF THE CITY COUNCIL HELD AT 6:45 PM ON MONDAY OCTOBER 5, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call /Pledge of Allegiance Mayor Peterson called the meeting to order at 7:10 PM Present: Mayor Peterson, Councilmembers Schmitt, Nawrocki and Murzyn, Jr. Absent: Councilmember Williams Also Present: Walt Fehst -City Manager, Kevin Hansen - Public Works Director, Kathy Young- Assistant City Engineer, Barb Thomas - Assessing Clerk, and Katie Bruno - Council Secretary. Resolution 2015 -78 being a Resolution Levying and Adopting the Assessment for 2015 Street Rehabilitation, State aid Street Overlay, Proiect 1505. Resolution 2015 -64 being a Resolution to Cerify Petition & Waiver Assessments Director Hansen gave an overview of the project, noting the final assessment rates are about 3% lower than those proposed at the Public Improvement Hearing. The rates for properties being assessed for State Aid Streets were further reduced as provided in the MSAS Assessing policy approved by the council in September 2014. The original assessment notices were noticed with an interest rate of 6 %, Hansen noted in the past, Council has decreased that to 4.5 %. Resolution No 2015 -64 consists of 34 property owners for curb -stop repairs or replacements. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the Public Hearing and waive the reading of Resolution 2015 -78, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Nawrocki to reduce the interest rate to 3 %. Motion failed for lack of a second. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to adopt Resolution 2015 -78 being a Resolution Levying and Adopting the Assessment for 2015 Street Rehabilitation, State aid Street Overlay, Project 1505 with an interest rate of 4.5 %. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to close the Public Hearing and waive the reading of Resolution 2015 -64, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to adopt Resolution 2015 -64, being a resolution to Certify Petition & Waiver Assessments with an interest rate of 4.5 %. All Ayes, Motion Carried. Meeting adjourned at 7:21 PM 18 Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2015 -78 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of Columbia Heights is adopting the assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessment numbered 2015 - SA -44 -001: State Aid Mill and Overlay on 44th Avenue from Tyler Place (south) to Reservoir Boulevard and Reservoir Boulevard from 44th Avenue to CSAH 2, all in project 1505; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 6:45 o'clock p.m. on the 5th day of October, 2015, in the City Council Chambers, 590 40th Avenue NE, Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvements and has prepared an assessment roll therefore, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 1. That this Council does hereby adopt the aforesaid assessment roll for local improvements known and described as "State Aid Mill and Overlay" numbered 2015 -SA -44 -001, Project 1505, a copy of which is attached hereto and made a part hereof. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefited by such improvement in an amount not less than the amount set opposite in the column headed "Actual Assessment Amounts ". And this Council further finds and determines that the proper proportion of the cost of such improvements to be specially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 4th, 2015. Any unpaid amount will be certified to Anoka County for 19 collection with the real estate taxes beginning with the taxes payable in the year 2016. The annual principal installments, together with 4.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years or less as designated on the assessment roll. Section 4: That this Council did hereby determine and re- determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered 2015 -SA -44 -001, Project 1505. Section 5: This resolution shall take effect immediately upon its passage. RESOLUTION 2015 -64 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, property owners petitioned the City Council for certain improvements and waived their rights for public hearings and appeals as provided in Minnesota State Statute; and, WHEREAS, said improvements have been completed; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such improvements and has prepared an assessment roll therefore, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 1. That this Council does hereby adopt the aforesaid assessment roll for Petition and Waiver Construction Work known and described as "Petition /Waiver" numbered 2015 -SP -43 -001, a copy of which is attached hereto and made a part hereof. Section 2: That said assessments may be paid in part or in full without interest on or before 4:30 p.m. on November 4, 2015. Any unpaid amount will be certified to Anoka County for collection with the real estate taxes beginning with the taxes payable in the year 2016. The annual principal installments, together with 4.5% interest accrued on the unpaid balance are due and payable with the real estate taxes for a period of ten years. Section 3: This resolution shall take effect immediately upon its passage. 20 Official Proceedings These minutes have not been approved City of Columbia Heights City Council SPECIAL ASSESSMENT LEVY HEARING OCTOBER 5, 2015 7:00 P.M. THE FOLLOWING ARE THE MINUTES FOR THE SPECIAL ASSESSMENT MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY OCTOBER 5, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA Roll Call /Pledge of Allegiance Mayor Peterson called the meeting to order at 7:22 PM Present: Mayor Peterson, Councilmembers Schmitt, Nawrocki and Murzyn, Jr. Absent: Councilmember Williams Also Present: Walt Fehst -City Manager, Joe Kloiber- Finance Director, Jackie Zillmer- Assistant Finance Director and Katie Bruno - Council Secretary. Resolution 2015 -73 being a Resolution LevVing and Adopting the Assessment Levy for Deliquent Accounts. Assistant Finance Director Jackie Zillmer explained the item includes all delinquent utility bills, abatement fees, weed /grass cutting fees and stop box repair fees incurred through July 31, 2015. A one year levy with 6% interest in proposed. Councilmember Nawrocki noted that the excessive dollar amount being levied (Over $100,000) is an indicator that residents are experiencing financial hardships, and the council should keep that in mind as they look at the 2016 budget. Zillmer reported there has been significant improvement since the City Council changed the way rental properties are billed, currently property owners are the responsible party. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to close the Public Hearing and waive the reading of Resolution 2015 -73, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Schmitt to adopt Resolution 2015 -73 being a Resolution to adopt an assessment roll and levy a special assessment for delinquent accounts, with an interest rate of 4.5 %. All Ayes, Motion Carried. Meeting adjourned at 7:26 PM Respectively Submitted, Katie Bruno, City Clerk /Council Secretary RESOLUTION 2015 -73 A resolution of the City Council for the City of Columbia Heights, Minnesota, adopt an assessment roll and levy a special assessment for delinquent accounts. 21 Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL WHEREAS, one or more services required by city ordinance, including water, sewer, refuse, weedcutting, tree removal, stopbox repair /replacement and abatement of nuisance /hazardous, and numbered as projects P.I.R. 2015 -MS -30 -001 P.I.R. 2015 -MS -30 -002 P.I.R. 2015 -MS -30 -003 P.I.R. 2015 -MS -30 -004 P.I.R. 2015 -MS -30 -005 P.I.R. 2015 -MS -30 -006 P. I. R. 2015 -MS -30 -007 P.I.R. 2015 -MS -30 -008 P.I.R. 2015 -MS -30 -009 P. I. R. 2015 -MS -30 -010 P.I.R. 2015 -MS -30 -011 P.I.R. 2015 -MS -30 -012 P.I.R. 2015- MS -30 -013 P.I.R. 2015 -MS -30 -014 have been provided to and benefited the properties listed in the assessment roll below; and, WHEREAS, the charges to said properties for said services are unpaid and delinquent; and, WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 5th day of October 2015 in the City Council Chamber 590 40th Avenue N.E. Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to the benefits and cost of providing the services described below, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; therefore, NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: Section 1. That this Council does hereby adopt the assessment roll below known and described as "Assessment Roll for 2015 Delinquent Accounts ", numbered as P.I.R. 2015-MS-30-001 P.I.R. 2015-MS-30-005 P.I.R. 2015 -MS -30 -009 P.I.R. 2015 -MS -30 -002 P.I.R. 2015 -MS -30 -003 P.I.R. 2015 -MS -30 -004 P.I.R. 2015 -MS -30 -006 P.I.R. 2015 -MS -30 -007 P.I.R. 2015 -MS -30 -008 P.I.R. 2015 -MS -30 -010 P.I.R. 2015 -MS -30 -011 P.I.R. 2015 -MS -30 -012 P.I.R. 2015- MS -30 -013 P.I.R. 2015 -MS -30 -014 Section 2. That this Council hereby finds and determines that each of the parcels of land enumerated in the assessment roll was and is especially benefited by the services provided. The Council further finds and determines that the proper cost of these services to be especially assessed against each parcel of land is the amount of unpaid delinquent charges for said services. Section 3. That said assessments may be paid in part or in full without interest on or before November 4, 2015. Section 4. Payments will be accepted at Columbia Heights City Hall, 590 40th Avenue N.E. Columbia Heights, Minnesota, on or before November 13, 2015. Any amount unpaid after November 13, 2015, will be certified to the Anoka County Auditor for collection with the real estate taxes as a special assessment beginning with the taxes payable in the year 2015. The annual principal installments, together with 6% interest are due and payable with the real estate taxes for a period of one year or less. Section 5. This resolution shall take effect immediately upon passage. 22 BE IT FURTHER RESOLVED that the above eligibility standard is effective October 5, 2015 23 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING SEPTEMBER 28, 2015 These minutes have not been approved THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY SEPTEMBER 28, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:01 pm. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Williams and Murzyn Jr. Absent: Councilmember Schmitt Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Public Works Director; Joe Kloiber, Finance Director; Gary Gorman, Fire Chief; John Larkin; Assistant Fire Chief; Kelli Bourgeois, Human Resource Director /Assistant to the City Manager; Katie Bruno, Council Secretary 3. INVOCATION Invocation provided by Pastor Bob Lyndes, Crest View Senior Community 4. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was recited. 5. 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Domestic Violence Awareness Month Proclamation Mayor Peterson read the Proclamation in its entirety. B. Introduction of Jessica Kemp, Accounting Clerk II Finance Director Joe Kloiber introduced Jessica Kemp, explaining she has filled the position vacated when Nancy Becker transferred to the Administration Department. C. Introduction of two recently hired Firefighters, Emily Cramble and Zachery Picard Fire Chief Gary Gorman introduced Emily Cramble and Zachary Picard, both were paid -on -call firefighters and were hired for two years as fulltime firefighters with funding obtained from a the SAFER grant. 7. 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. Approve Minutes of the City Council MOTION: Move to approve the minutes of the City Council meeting of September 14, 2015 24 City Council Minutes September 28, 2015 Page 2 of 7 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Park & Recreation Commission Minutes from April 22, 2015 MOTION: Move to accept the Park & Recreation Commission Minutes from May 27, 2015. MOTION: Move to accept the Planning & Zoning Commission Minutes from June 2, 2015. C. Authorization to seek bids for 2015 Sanitary Sewer Pipe Lining Project. *Removed for Discussion D. Adopt Resolution 2015 -68 being a Resolution establishing amount of City Share and amount of Special Assessments on projects to be levied. *Removed for Discussion E. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for September 28, 2015, in that they have met the requirements of the Property Maintenance Code. F. Consideration of Resolution 2015 -69, Regarding the 2015 -2016 Collective Bargaining Agreement Between the City of Columbia Heights and Law Enforcement Labor Services (LELS) Local No. 311— Police Officers. *Removed for Discussion G. Approve Gambling Permits, Immaculate Conception Church, Bingo events Nov 15, 2015 and March 20, 2016 MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their events being held November 15, 2015 and March 20, 2016 at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty -day notice to the local governing body. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for September 28, 2015 I. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has received the list of claims paid covering check number 158292 through 158476 in the amount of $1,074,480.12. Councilmember Nawrocki requested items C, D and F be removed for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to approve items A, B, E, G, Hand 1 from the Consent Agenda. All Ayes, Motion Carried. The following items were removed for discussion: 25 City Council Minutes September 28, 2015 Page 3 of 7 C. Authorization to seek bids for 2015 Sanitary Sewer Pipe Lining Project Director of Public Works Kevin Hansen reported that staff has been concentrating on the lining program in District 3, extending from Reservoir Boulevard to Stinson Boulevard between 37th Avenue and 49th Avenue. Hansen reported that this process will extend the life of the sanitary sewer mains. Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr. to authorize staff to seek bids for the 2015 Sanitary Sewer Pipe Lining project for the pipe segments identified herein. All Ayes, Motion Carried. D. Adopt Resolution 2015 -68 being a Resolution establishing amount of City Share and amount of Special Assessments on projects to be levied Director of Public Works Kevin Hansen reported that this request is done annually and is consistent with Minnesota Statutes and City Code. The pricing remains consistent with what was presented at the Improvement Hearing. Councilmember Nawrocki asked what streets are included in project 1402. Director Hansen reported the following three alley segments are included; Van Buren Street to Central Avenue, 39 "Avenue to 40t'Avenue Van Buren Street to Central Avenue, 42 AAvenue to 43 AAvenue nd d Monroe Street to Quincy Street, 42 Avenue to 43 Avenue Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2015 -68, there being ample copies available for the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Nawrocki to adopt Resolution 2015 -68 being a resolution establishing amount of City share and amount of special assessments on projects to be levied. All Ayes, Motion Carried. F. Consideration of Resolution 2015 -69, Regarding the 2015 -2016 Collective Bargaining Agreement Between the City of Columbia Heights and Law Enforcement Labor Services (LELS) Local No. 311 — Police Officers. Councilmember Nawrocki questioned how the contract compares to other unions represented in the City. City Manager Walt Fehst explained that wages and insurance are consistent with other groups, and that the contract is within the parameters established by the council. Councilmember Nawrocki questioned how health insurance costs will be impacted in the future. Kelli Bourgeois, Human Resources Director /Assistant to the City Manager reported she will be meeting with our insurance broker this week, and that we will get bids for 2016. Manager Fehst offered information regarding the change in status of some employees from part -time to full -time. It was explained that some employees will be decreasing their hours, some will be increasing, the net effect is expected to equalize. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to waive the reading of Resolution 2015 -69, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution 2015- 69, regarding the Collective Bargaining Agreement between the City of Columbia Heights and the Law 26 City Council Minutes September 28, 2015 Page 4 of 7 Enforcement Labor Services (LELS) Local No. 311 — Police Officers, Effective January 1, 2015 — December 31, 2016. All Ayes, Motion Carried. S. PUBLIC HEARINGS PUBLIC HEARINGS A. Consideration of Declaration of a nuisance and abatement of violations within the City of Columbia Heights is requested regarding the property at 4321 University Avenue Northeast for failure to meet the requirements of the Residential Maintenance Code. Councilmember Nawrocki questioned the problem cited. Assistant Fire Chief John Larkin reported the gutter requires cleaning. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to close the public hearing and to waive the reading of Resolution Number 2015 -63, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to adopt Resolution Number 2015 -63, being resolution of the City Council of the City of Columbia Heights declaring the property listed a nuisance and approving the abatement of violations from the property pursuant to City Code section 8.206. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the CitV Manager Councilmember Nawrocki asked for a status update regarding 666 40th Ave NE. Manager Fehst stated he will look into it and provide an update in the Greensheet. Manager Fehst announced Park View Villa has been sold effective September 24, 2015, gratitude was expressed to city staff for their dedicated effort in working with the sale. A celebration with the new owners (AEON) is scheduled for September 29th from 2:00 -3:30 PM. 11. CITIZENS FORUM 12. ADJOURNMENT Mayor Peterson announced John Larkin will be indicted into the Columbia Heights High School Hall of Fame this weekend, and reminded everyone to remember our servicemen and women, and our police and firefighters, and to try to enjoy life, and to do a random act of kindness. Meeting adjourned at 7:38 p.m. Respectively Submitted Katie Bruno, City Clerk /Council Secretary 27 City Council Minutes September 28, 20] 5 Page 5 of 7 RESOLUTION 2015 -63 Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property owned by Elizabeth Mekonnen (Hereinafter "Owner of Record "). Whereas, the owner of record is the legal owner of the real property located at 4321 University Avenue N.E., Columbia Heights, Minnesota. And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written notice setting forth the causes and reasons for the proposed council action contained herein was sent via regular mail to the owner of record on July 22, 2015. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on July 13, 2015, an inspection was conducted on the property listed above. Inspectors found violations. A compliance order was sent via regular mail to the owner at the address. 2. That on August 20, 2015, inspectors re- inspected the property listed above. Inspectors noted that violations remained uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property records. 3. That on September 16, 2015, inspectors re- inspected the property and found that violations remained uncorrected. 4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were found to exist, to wit: A. Shall clean out gutters. 5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B). CONCLUSIONS OF COUNCIL 1. That the property located at 4321 University Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as set forth in the Notice of Abatement. 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the abatement of violations on the property listed above. 3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. 28 City Council Minutes September 28, 2015 Page 6 of 7 ORDER OF COUNCIL 1. The property located at 4321 University Avenue N.E. constitutes a nuisance pursuant to City Code, 2. That a copy of this order shall be served upon all relevant parties and parties in interest. RESOLUTION 2015 -68 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City Council of the City of Columbia Heights by motion on the 10 to day of August, 2015, ordered a special assessment hearing to levy the cost of improvements and; WHEREAS, the following projects will be specially assessed in October, 2015, and a portion of the costs may be borne by the City, Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Pursuant to Minnesota Statutes 429.061 and City Code 4.103, that the breakdown is as follows: Pursuant to Minnesota Statutes ESTIMATED ASSESSED ESTIMATED TOTAL 429.061 and City Code 4.103, that the CITY PORTION PORTION breakdown is as follows: PROJECT 2015 Concrete Alley Construction, $134,930 $266,190 $401,120 Project 1402 2015 Concrete Alley Construction, $270,270 - -- $270,270 Project 1402 State Aid, General, Capital, and Utility Funds 2015 Street Rehabilitation — Zone 1, $153,720 $412,600 $566,320 Project 1502 2015 Street Rehabilitation — Zone 1, $ 28,000 - -- $ 28,000 Project 1502 State Aid, General, Capital, and Utility Funds 2015 State Aid Overlays, Project 1505 $ 21,810 $107,840 $129,650 2015 State Aid Overlays, Project 1505 $142,840 - -- $142,840 State Aid, General, Capital, and Utility Funds 29 City Council Minutes September 28, 2015 Page 7 of 7 RESOLUTION 2015 -69 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a collective bargaining agreement and memorandum of understanding between the City of Columbia Heights and Law Enforcement Labor Services, Inc. Local No. 311 — Police Officers Whereas, negotiations have proceeded between Law Enforcement Labor Services, Inc. (LELS), Local No. 311, representing Police Officers of the City, and members of the City's negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2015 and 2016, and a memorandum of understanding that does not expire; and Whereas, changes to the current agreement and the memorandum of understanding are hereby attached as Exhibit A, and a copy of said collective bargaining agreement and memorandum of understanding is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now therefore, be it resolved that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2015 and 2016 for LELS, Local No. 311— Police Officers, bargaining unit employees of the City; and Be it further resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement and memorandum of understanding. 30 DRAFT MINUTES OF PLANNING AND ZONING COMMISSION OCTOBER 6, 2015 7:00 PM The meeting was called to order at 7:00 pm by Vice -Chair Rob Fiorendino. Commission Members present- Buesgens, Fiorendino, and Hoium. Members Absent: Lee and Szurek Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Buesgens, to approve the minutes from the meeting of August 5, 2015. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2015 -1001 APPLICANT: Harry Eiss, Autos Online LOCATION: 4457 Central Ave NE REQUEST: Conditional Use Permit Holmbeck explained that Harry Eiss on behalf of Autos Online is requesting a Conditional Use Permit per Code Section 9.106 (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial establishment for the property located at 4457 Central Avenue NE. Autos Online recently purchased the building and has refaced the existing pylon sign and repainted and replaced signage on the building. The applicant is requesting to add an additional LED component to the existing pylon sign to allow the business to display business related advertising. A rendering of the proposed sign, which includes dimensions, is attached for review. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. ZONING ORDINANCE The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. COMPREHENSIVE PLAN The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the types of uses guided for this zoning district. Oct 6 2015 min 31 P & Z Minutes Page 2 October 6, 2015 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft/neutral shades and dark/rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time /temperature signs. Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign and the surrounding zoning districts are primarily commercial, the addition of an LED component to the existing pylon sign is not likely to change the overall character of the surrounding area. 32 P & Z Minutes Page 3 October 6, 2015 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Dynamic LED signs are specifically listed as a Conditional Use in the GB, General Business Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial uses. The use is consistent with the intent of the Comprehensive Plan as the sign is proposed for a commercial establishment. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in any additional noise and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the Ciiy's Zoning Code outlines specific development standards that address the operation of dynamic LED signs. (d) The use will not substantially diminish the use of the property in the immediate vicinity. The use ofproperty in the immediate vicinity will not be diminished by the placement of an LED sign at 4457 Central Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use of a dynamic LED sign at this location is not anticipated to affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The dynamic LED sign will have to adhere to specific development standards. It is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff recommends approval of the Conditional Use Permit for the proposed dynamic LED sign for Autos Online, located at 4457 Central Avenue NE. 33 P & Z Minutes Page 4 October 6, 2015 Questions from members. Hoium asked if LED signs are permitted on pylon signs. Holmbeck stated that the code allows for them even though businesses are encouraged to put them on monument type signs. She went on to explain that the Design Guidelines intended for them to be on monument signs only, but did not make it mandatory. She told the members that they have the discretion to determine the intent of the ordinance in these cases. Buesgens stated her concern over putting the LED portion above the existing face on the pylon sign. She felt the sign was high enough already. She thought it should be placed below the existing signage. The owner, Mr. Eiss, told members that the traffic light blocks it especially for those traveling south on Central Avenue. He wouldn't gain anything by putting the LED portion under the existing face. He thinks it will improve traffic safety since it will be more visible to those that are trying to find his location. Fiorendino stated that the Design Guidelines prefer LED signage to be on monument signs. If it were a new building we would require it to be a monument type sign. Fiorendino stated he understands the existing sign for this business is grandfathered in, but they are also requesting a variance to enlarge it (next case being presented), which becomes part of the grandfathering also. The variance is requested as his plan will exceed the maximum allowed by 15 sf with the addition of the LED part. Hoium stated it is not the Commission's responsibility to ensure every sign is visible. It is their job to ensure City Ordinances are met. Buesgens asked if the Traffic Commission should maybe look at this request and give an opinion as to whether the safety factors he mentioned should be a consideration. Public Hearing Opened. Michelle Ferrara from 4422 Central Avenue owns an apartment building that faces the Car Wash down the block from Autos Online. She stated there are 5 other homes on that block and that all the residents on that block are against this CUP and Variance request. She stated that when Pepe's sign across the street was installed it was very disruptive to the homeowners. She thinks LED signs are annoying due to the bright lights and the flashing or changing of messages. Lorraine Ayson from 4416 Central said she didn't like Pepe's sign and doesn't want this one either. Holmbeck explained to members that Pepe's put that sign up without a permit so they were informed it had to be removed. She said it also didn't meet the requirements of operation. Rob Harris owns AutoMax at 4501 Central just north of this business. While he appreciated the improvements Mr. Eiss has made to the property, he doesn't want the signage for this particular business to block his business signage, which would happen if it is enlarged. He said that is something the new owners should have factored in when he considered buying the property. 34 P & Z Minutes Page 5 October 6, 2015 Fiorendino said the present case is whether to allow an LED sign only. He asked what would happen if the CUP is approved and the variance isn't. Holmbeck stated it would be up to the owner to decide if he wanted to replace the face of the existing sign with an LED component or leave it as is. Since he only has 3 sf to work with, he wouldn't be able to add to it on top or underneath if the variance isn't approved. Buesgens stated she didn't want it disruptive to the neighbors and asked if it could be a condition to have it turned off at night. Holmbeck stated any additional conditions would need to be listed on the CUP approval, not the variance portion. Mr. Eiss said he was willing to turn it off at night. He said his business closes at 6 pm Monday through Saturday, and is not open Sundays. Hoium stated the existing monument signs in the City don't disrupt the neighbors, and he thinks the use of LED signage should be on monument type base. Michelle Ferrara asked if it would make a difference if she brought a petition to the City Council on Monday. Fiorendino said she could do that as they are the final decision making body. Mr. Eiss again stated he was willing to shut the sign off at night. Public Hearing Closed. Motion by Hoium, seconded by Buesgens, to close the public hearing and waive the reading of Resolution 2015- 70, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Hoium, that the Planning and Zoning Commission recommends that the City Council approve the Resolution No. 2015 -70 for a Conditional Use Permit for a proposed dynamic LED sign for Autos Online located at 4457 Central Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: L All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour- and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. Tlie images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 35 P & Z Minutes Page 6 Oct 6, 2015 6 Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5, 000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non- conforming sign subject to § 9.105(E). 9. The sign can only be lit during business hours. Roll Call: All ayes The following Resolution will go to the City Council for consideration on Monday, October 12, 2015 RESOLUTION NO. 2015-70 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015 -1001) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6", 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. 36 P & Z Minutes Page 7 Oct. 6, 2015 (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however infonnation displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 37 P & Z Minutes Page 8 Oct 6, 2015 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. The sign can only be lit during business hours. CASE NUMBER: 2015 -1002 APPLICANT: Harry Eiss, Autos Online LOCATION: 4457 Central Ave NE REQUEST: Sign Variance Holmbeck explained that Harry Eiss representing Autos Online is also requesting a Variance to allow for the installation of additional signage at the property located at 4457 Central Avenue NE. The property was the former Car X Auto Shop and has recently been purchased by Autos Online. The existing signage on the property has been replaced to reflect new ownership of the property. The applicant is requesting to add an additional dynamic LED component to the existing pylon sign. With the proposed additional square footage, the sign would exceed the maximum allowed square footage for a pylon sign on the property. The existing pylon sign is located on the northwest corner of the property and is 72 Sq. Ft. in size. The applicant is proposing to add an additional 18 Sq. ft. to the top of the exiting sign with a new total of 90 sq. ft. in size. With the additional square footage, the sign would exceed the maximum allowed square footage of 75 sq. ft., by 15 sq. ft. According to the City's Zoning Code, pylon signs have a maximum permitted height of 25 ft. The proposed sign would meet this requirement, as it would be 22 ft. tall. A rendering of the proposed sign, which includes dimensions, is attached for review. ZONING ORDINANCE The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. COMPREHENSIVE PLAN The Comprehensive Plan designates this zoning district for commercial uses. The proposed sign is consistent with the types of use guided for this zoning district. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. 38 P & Z Minutes Page 9 Oct 6, 2015 Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft/neutral shades and dark/rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time /temperature signs. Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign and the surrounding zoning districts are primarily commercial, the addition of an LED component to the existing pylon sign is not likely to change the overall character of the surrounding area. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. 39 P & Z Minutes Page 10 Oct 6, 2015 According to the applicant's narrative, since the building was constructed, MNDOT has replaced the traffic signals at the intersection directly out front of the business. The traffic signal is located next to the existing pylon sign. The applicant further claims, that the current traffic signal location obstructs the view of the pylon sign from potential customers. To comply with provisions of the Zoning Ordinance, the applicant would have to either decrease the size of the proposed sign or remove the existing signage and replace with code compliant signage. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. According to the applicant, the main issue is not having adequate visibility on Central Avenue due to the location of the traffic signal. To clear the traffic signal, the dynamic LED sign portion is being proposed on the top of the existing pylon sign. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. According to the applicant, the difficulty arises from the location of the sign along Central Avenue and visibility issues associated with the location of the traffic signals. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial uses. Being that Autos Online is a commercial use, the variance request is consistent with the types of uses guided for this area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting the variance to allow the sign to exceed the maximum allowable square footage is not anticipated to negatively affect the neighboring properties. In the case of a variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions below. Questions from members: Hoium asked how many signs in the City don't meet the Code. Holmbeck said she doesn't have that information. She stated since she has been on staff that cases are decided on individual merit and some have been approved and some have not. Buesgens again asked what the applicant's options would be if this request is denied. Holmbeck said he could choose to replace the face of the existing sign with a LED type. Hoium said he thinks the commission should be as consistent as possible. Fiorendino said the Design Guidelines encourage businesses to stay within the requirements established, so therefore, he is against the size being increased. 40 P & Z Minutes Page 11 Oct 6, 2015 Hoium asked if the City Council could override the recommendation and was told they could. Public Hearing Opened. No one wished to speak further on this matter. Public Hearing Closed. Motion by Buesgens, seconded by Hoium, to close the public hearing and waive the reading of Resolution 2015- 71, there being ample copies available to the public. All ays. MOTION PASSED. Motion by Hoiunz, seconded by Buesgens, that the Planning and Zoning Commission recommends the City Council deny the Resolution No. 2015 -71 approving a Variance for the sign located at 4457 Central Avenue NE., that would grant: 1. Waiver to Section 9.106 (P) (13) (2) - allowing a pylon sign in the General Business Zoning District to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. Roll Call: All ayes. This matter and the following Resolution will go before the City Council for consideration on Monday, October 12, 2015. It will be up to the Council to make the final determination on this request. RESOLUTION NO. 2015-71 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Variance from certain conditions of the City of Columbia Heights Zoning Code for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015 -1002) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Waiver to Section 9.106 (13) (a) (2), to allow a pylon sign to exceed the maximum allowable square footage of 75 sq. ft. The proposed sign will exceed by 15 sq. ft. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; 41 P & Z Minutes Page 12 Oct. 6, 2015 Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Variance and approval; and in granting this Variance the City and the applicant agree that this Variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the Variance. CASE: 2015 -1003 APPLICANT: Columbia Heights Leased Housing Assoc I LLLP LOCATION: 317 37th Ave, 3700 5th St, 450 38th Ave NE REQUEST: Site Plan Approval - Huset Park Senior Living Holmbeck explained that Columbia Heights Leased Housing Associates, on behalf of Dominium, is proposing to construct 191 units of affordable senior housing on the vacant site northeast of the 37`h Avenue NE. and University Avenue NE intersection. The building will be designed and marketed to people ages 55 and up, with some income qualifications. The development will be adequately served with a number of amenities including a fitness facility and club room, theater, library, and salon. On the grounds there will be an outdoor patio terrace that will include a fire pit, grilling stations, and ample seating areas to serve apartment residents. A narrative provided by the applicant, is attached for your review. 42 P & Z Minutes Page 13 Oct. 6, 2015 ZONING ORDINANCE The site is currently comprised of three properties which will be combined and re- platted. Once the Final Plat is approved, a new address will be issued for the property. The three properties are located in the Mixed Use Zoning District. Properties to the north and east are also zoned in the Mixed Use Zoning District. The properties to the east and west are zoned in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. SITE PLAN The subject property is located in the Mixed Use Zoning District and does not have specific lot size and setback requirements. The Zoning Code allows the City to be flexible in this area to facilitate a successful development. Specific site requirements will be outlined in a Development Contract, and approved by the Columbia Heights City Council. 1. Parking The proposed site plan is for 191 units of senior housing. City Code requires one parking space for every two units of senior housing. By this standard, the City would require that 95.5 parking spaces be provided. The proposed development exceeds this requirement, by providing 137 underground parking spaces and 108 surface parking spaces. 2. Access The site will be served by one main entrance off Huset Parkway. The front parking lot will contain a turn- around and a covered drop -off and pick -up just outside the main entrance to the building. The rear drive will go around the building and will have access to the underground parking and rear parking lot. Two secondary entrances will be located in the rear of the building. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing a storm water pond to be located on the southwest corner of the parcel. The storm water pond will have a decorative water fountain feature, with shoreline flowers surrounding the perimeter. The applicant is proposing to plant 134 trees which will complement the layout of the development. The landscape plan calls for native perennial and deciduous plantings in combination with shrubs and perennials to be planted along the periphery of the building. The development will be within close proximity to Huset Park and Murzyn Hall. Huset Park will provide additional outdoor opportunities for residents, and the Senior Center at Murzyn Hall is adjacent to Huset Park. 43 P & Z Minutes Page 14 Oct. 6, 2015 FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. The Zoning Code requires that a Development Contract outline specific site requirements. A condition has been added to the Site Plan, that the developer must meet all the requirements of the Development Contract. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for Mixed Use Transit Oriented Development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. The property was previously part of a larger development ofHuset Park. However, the final phase of the original development was never completed. The Economic Development Authority is considering an amendment to the original development agreement for Huset Park to accommodate the new senior living development. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. Proper traffic controls are in place to accommodate the additional vehicles on 37`h Avenue NE. and University Avenue NE. The proposed plan for the senior living development will be governed by a Development Contract which will have specific site requirements meant to minimize any adverse impact to neighboring properties. Questions from members: Hoium noted that our Ordinance only requires 95.5 parking spaces and they are putting in significantly more. He said this may indicate that our Ordinance is outdated since Dominium probably has a better idea of what is actually needed for facilities such as this. Buesgens asked for an explanation of the difference between affordable housing and low income housing. Eric Omdahl from Dominium stated the rents will fall into the low income guidelines that are established for financing purposes. He told members the rents would be in the mid $800 for a 1 BR unit and in the $1,200+ range for a 3 BR unit. He assured members they will not be Section 8 or subsidized housing. The low income guidelines are set at 60% of the median income so that the project qualifies for tax credits. The tax credits help make up for the difference in rent that could be charged if they were market rate units. Mr. Omdahl went on explain that this cannot change for 15 years according to the financing rules. He reviewed the Company's history and other developments they have done, and told members that they manage the buildings after they are built long term. Buesgens asked about renewable energy and if solar panels would be a part of this project. He said they don't plan on doing so with this building, but they do construct the buildings to be as energy efficient as possible and that all the appliances have high efficiency ratings also. Omdahl also assured her that soundproofing is addressed during construction in both the walls and the ceilings. 44 P & Z Minutes Page 15 Oct, 6, 2015 Public Hearing Opened. Dr Jigar Mistry of 3820 5th Street is on the Board of Directors of the Huset Park Townhomes. He said the Board supports this project and was impressed with how Dominium reached out to the residents of the HOA to explain their plan and accept feedback that they incorporated into their plans. He thinks the project will add value to the surrounding properties. Joe Hogeboom, Community Development Director, explained that he works closely with the EDA and that this project would complete one of the final phases of the Huset Park Redevelopment. He also reiterated that this project would not be considered a subsidized housing project. Dominium is compensated through the tax credit process as Mr. Omdahl explained earlier. Hogeboom stated that staff has been working with Dominium for a year now and that the EDA is excited to move forward with this proposal. The EDA will be taking action to approve a Development Agreement next week at their meeting. The Development Agreement will mirror the financing requirement that the building be operated as proposed for at least 15 years. Buesgens said she was excited about this proposal, but asked if there were any plans for the round -about piece. Hogeboom stated that there isn't anything planned at this time. Dominium usually constructs larger projects so will probably sell this parcel off in the future to someone else to develop. He said the current agreement in place allows for 50 units of Sr. Cooperative Living, but there isn't a lot of interest in buildings of that nature right now. Any other proposal would have to go before the EDA for approval to amend the Development Agreement. Renee Gaughan also is on the Board of Directors of the Huset Park HOA. She said she supports the project also and that it will be a great addition to the City. She told members that there isn't a lot of green space in the development and that the round -about site is currently used for snow removal storage from the rest of the development. She hopes it can be continued to be used as such for the time being. Gaughan stated the HOA is considering purchasing the site so it can remain as a snow removal site as it is very much needed. Public Hearing Closed. Motion by Hoium, seconded by Buesgens, to waive the reading of Resolution No. 2015 -72, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Buesgens, seconded by Hoium, to adopt Resolution No. 2015 -72, being a resolution approving a site plan, for a proposed senior housing development, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 45 P & Z Minutes Page 16 Oct. 6, 2015 5. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council on October 12, 2015. 6 The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of- -Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. Roll Call: All ayes The following Resolution will go to the City Council on Monday, October 12, 2015. RESOLUTION NO. 2015-72 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1003) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval per Code Section 9.104 (N). 46 P & Z Minutes Page 17 Oct. 6, 2015 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a. The Site Plan conforms to all applicable requirements of this article. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site plan is consistent with any applicable area plan. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Site Plan Approval; and in granting approval the City and the applicant agree that this Site Plan Approval shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. 5. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council on October 12, 2015. 6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of -Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 47 P & Z Minutes Page 18 Oct 6, 2015 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. CASE: 2015 -1004 APPLICANT: Columbia Heights Leased Housing Assoc I LLLP LOCATION: 317 37th Ave, 3700 5th St, 450 381h Ave NE REQUEST: Preliminary/Final Plat Approval On behalf of Dominium, Columbia Heights Leased Housing Associates has requested Preliminary and Final Plat Approval per Code Section 9.104 (L) and (M), for the vacant site located northeast of the 37th Avenue NE. and University Avenue NE. intersection. The site is currently comprised of three lots of record: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. The applicant is proposing to remove the existing lot lines, and re -plat the property to allow for a senior housing apartment building to be constructed on the site. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANCE The site is currently comprised of three properties. The three properties are located in the Mixed Use Zoning District. The properties to the north and east are also located in the Mixed Use Zoning District. The properties to the east and west are located in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. 48 P & Z Minutes Page 19 Oct. 6, 2015 FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. This is correct. (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat approval. They are as follows: (a) The Final Plat substantially conforms to the corresponding Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of City Code Section 9.115. This is correct. Staff recommends that the Planning and Zoning Commission approve the proposed Preliminary and Final Plat request made by Dominium on behalf of Columbia Heights Leased Housing Associates for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Questions by members: Hoium asked who owns the property now. Hogeboom stated that BNC Bank currently owns the property but Dominium has a Purchase Agreement with them to purchase the remaining property. Hogeboom then told members that a separate Development Agreement mentioned earlier also goes before the EDA for approval. Public Hearing Opened. No one was present to speak further on this matter. 49 P & Z Minutes Page 20 Oct 6, 2015 Public Hearing Closed. Motion by Buesgens, seconded by Hoium, to waive the reading of Resolution No. 2015 -65, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Buesgens, that the Planning and Zoning Commission recommends the City Council approve the Preliminary and Final Subdivision Plat for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka Count)) Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. Roll Call: All ayes RESOLUTION NO. 2015-65 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary and Final Plat for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1004) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Preliminary and Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary and Final Plat Approval per Code Section 9.104 (L) (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6h, 2015; 50 P & Z Minutes Page 21 Oct 6, 2015 Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights snakes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat approval. They are as follows: (a) The Final Plat substantially conforms to the corresponding Preliminary Plat. (b) The Final Plat confonns to the requirements of City Code Section 9.115. Further, be it resolved, that the attached plans, snaps, and other information shall become part of this Preliminary and Final Plat Approval; and in granting approval the City and the applicant agree that the Plat shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. 51 P & Z Minutes Page 22 Oct 6, 2015 OTHER BUSINESS A. Single Family Home Lot Sales Program Hogeboom told commission members that the City's Economic Development Authority (EDA) has created the Single Family Home Lot Sales Program, which was put in place as a mechanism to sell vacant residential lots that had been acquired by the EDA during the past 10 years. This summer, multiple builders have expressed interest in acquiring these lots and developing single family homes on them. Most of the lots that are currently part of the Program are located in the Sheffield Neighborhood. A map showing the locations of the properties was given to the members. State Law requires local planning authorities to declare that economic development - related land sales programs further goals and objectives of the Comprehensive Plan. A copy of the proposed Single Family Home Lot Sales Program was also given to members for their review. Staff recommends approval of Resolution No. 2015 -PZ04, finding that the proposed sale of certain land by the Columbia Heights Economic Development Authority for residential housing purposes is consistent with the City of Columbia Heights Comprehensive Plan. Questions by members. Buesgens asked if the houses would be built, then sold, on speculation or would it be required to have a buyer committed prior to building. Hogeboom said it could go either way. We are not dictating that. The EDA has established minimum criteria that the new house must meet which would be part of the agreement with the builder. He also explained there would be a deed restriction requiring the new owner to live in the home for 10 years. There was discussion about some of the information provided to the members, summarized as follows: • The number of trees required - Hogeboom said this is being changed from two to one required on each lot. • Will these lots be subject to Park Dedication fees - Hogeboom said they are only paid when a replatting is done, so no, as these are already platted lots. • How many more lots does the City own ? - Hogeboom said the City owns some lots for public purposes, but there may be 15 -20 additional lots that need to be looked at more closely to see if they could be added to this program. • Why were the prices so low on the first draft ? - Hogeboom stated it was a starting point based on the scattered site program that began during the housing /economic crisis. He said the prices will be set by the EDA next Monday, but staff is recommending advertising them for the EMV which averages about $50,000 /lot. • Will closing costs be extra? -Joe said they would be included in the price and they usually range between $1,50043,000. 52 P & Z Minutes Page 23 Oct 6, 2015 How will bids be accepted ? -First full price offer we receive will be awarded the sale. If 2 or more offers come in at the same time that qualify, the sale will go to the highest bidder. Motion by Hoium, seconded by Buesgens, to approve Resolution PZ -04, as the proposed sale of certain land by the Columbia Heights Economic Development Authority for residential housing purposes is consistent with the City of Columbia Heights Comprehensive Plan. All ayes. MOTIONPASSED. RESOLUTION NO.2015 -PZ04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY FOR RESIDENTIAL HOUSING PURPOSES IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS COMPREHENSIVE PLAN WHEREAS, the Columbia Heights Economic Development Authority (the "Authority ") proposes to convey certain parcels of real property described in Exhibit A attached hereto (the "Property ") located in the City of Columbia Heights (the City "); and WHEREAS, the Authority desires to transact the sale of the Property pursuant to its housing and redevelopment powers, in order to facilitate the development of safe and sanitary housing within the City; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning and Zoning Commission to review the proposed acquisition or disposal of publicly -owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed conveyance of the Property, and has determined that the Property is located in an area designated for residential housing within the City's comprehensive plan, and that furthermore such conveyance will help realize the following Housing Goals provided within the comprehensive plan: - Preserve and expand the single- family neighborhoods as the community's strongest asset. - Advocate housing efforts that attract and retain residents, especially young families. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Columbia Heights, that the sale of the Property by the Authority is consistent with the City's comprehensive municipal plan, and will promote the development of safe and sanitary housing within the City. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Columbia Heights Economic Development Authority. 53 P & Z Minutes Page 24 Oct 6, 2015 Adopted this 6'1' day of October, 2015 Motion: Hoium Seconded: Buesgens All ayes. B. Auto Related Uses, Moratorium Update Holmbeck stated this matter was brought to the City Council at a recent work session. They seemed receptive to considering a moratorium. Once the areas affected are determined, an Ordinance will be prepared and go before the City Council during the next month. The meeting was adjourned at 8:25 pm. Respectfully submitted, Shelley Hanson Secretary 54 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7C MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Second Amended and Restated Development Contract for Private Development at Huset Park DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom, October 8, 2015 BY /DATE: J BACKGROUND: As a required component of approval for the Huset Park Senior Living development, the Economic Development Authority entered into two development contracts with Dominium (dba Columbia Heights Leased Housing, I, LLLP). One contract is to guide development on the "Redeveloper Parcel" (3700 Huset Parkway) and the other contract is to address the "Remnant Parcel" (Jefferson / Huset Parkway roundabout). The City, under the authority of the City Council, is also required to approve these economic development contracts. Copies of the contracts are included for your review. STAFF RECOMMENDATION: Staff recommends approval of the contracts as presented. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2015 -81, there being ample copies available to the public. Motion: Move to adopt Resolution 2015 -81, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates I, LLLP for the "Redeveloper Parcels" at Huset Park Senior Living. Motion: Move to waive the reading of Resolution 2015 -83, there being ample copies available to the public. Motion: Move to adopt Resolution 2015 -83, Resolution Approving a Second Amended and Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights, and Columbia Heights Leased Housing Associates I, LLLP for the "Remnant Parcel" at Huset Park Senior Living. ATTACHMENTS: 1. Resolution 2015 -81 2. Resolution 2015 -83 3. Contract Document— Redeveloper Parcels 4. Contract Document — Remnant Parcels 55 RESOLUTION NO. 2015 -81 A resolution of the City Council for the City of Columbia Heights, Minnesota, RESOLUTION APPROVING SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City') as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority') has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. The Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ( "BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of certain property within the Redevelopment Project in the area known as Huset Park (the "Redevelopment Property "). 1.03. A portion of the Redevelopment Property (the "Redeveloper Parcels ") has not been developed as contemplated in the Original Contract, and BNC has proposed to convey the Redeveloper Parcels to Columbia Heights Leased Housing Associates I, LLLP (the "Redeveloper ") and to assign the Original Contract to the Redeveloper as to such Redeveloper Parcels. 1.04. The Authority, the City and the Redeveloper have proposed to enter into a Second Amended and Restated Contract for Private Redevelopment (the "Contract "), setting forth the terms and conditions of redevelopment of the Redeveloper Parcels. 1.05. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the assignment of the Original Contract to the Redeveloper as to the Redeveloper Parcels. 2.02. The Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. M City of Columbia Heights - Council Resolution Page 2 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. Approved by the City Council of the City of Columbia Heights, Minnesota this 12th day of October, 2015. ORDER OF COUNCIL Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 57 RESOLUTION NO. 2015 -83 A resolution of the City Council for the City of Columbia Heights, Minnesota, RESOLUTION APPROVING SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES II, LLLP BE IT RESOLVED By the City Council ( "Council ") of the City of Columbia Heights, Minnesota ( "City ") as follows: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority ( "Authority ") has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "), and is currently administering the Downtown CBD Redevelopment Project ( "Redevelopment Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( "HRA Act "). 1.02. The Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ('BNC') succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of certain property within the Redevelopment Project in the area known as Huset Park (the "Redevelopment Property "). 1.03. A portion of the Redevelopment Property (the "Remnant Parcel ") has not been developed as contemplated in the Original Contract, and BNC has proposed to convey the Redeveloper Parcels to Columbia Heights Leased Housing Associates II, LLLP (the "Redeveloper ") and to assign the Original Contract to the Redeveloper as to such Remnant Parcel. 1.04. The Authority, the City and the Redeveloper have proposed to enter into a Second Amended and Restated Contract for Private Redevelopment (the "Contract "), setting forth the terms and conditions of redevelopment of the Remnant Parcel. 1.05. The Council has reviewed the Contract and finds that the execution thereof and performance of the City's obligations thereunder are in the best interest of the City and its residents. Section 2. City Approval; Further Proceedings. 2.01. The Council approves the assignment of the Original Contract to the Redeveloper as to the Remnant Parcel. 2.02. The Contract as presented to the Council is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the Mayor and City Manager, provided that execution of the documents by such officials shall be conclusive evidence of approval. 58 City of Columbia Heights - Council Resolution Page 2 2.03. The Mayor and City Manager are hereby authorized to execute on behalf of the City the Contract and any documents referenced therein requiring execution by the City, and to carry out, on behalf of the City, its obligations thereunder. Approved by the City Council of the City of Columbia Heights, Minnesota this 12'" day of October, 2015. ORDER OF COUNCIL Passed this day of , 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 59 October 7, 2015 SECOND AMENDED AND RESTATED CONTRACT _E: PRIVATE REDEVELOPMENT By and Between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY and CITY OF COLUMBIA HEIGHTS and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP Dated as of: October 12, 2015 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 Telephone: (612) 337 -9300 468034v2 MM CL205 -23 60 TABLE OF CONTENTS PREAMBLE.............................................................................................. ..............................1 ARTICLE I Definitions Section 1.1. Definitions ....................................................... ............................... ARTICLE II Representations and Warranties Section 2.1. Representations and Covenants by the Authority and City . ..............................7 Section 2.2. Representations and Warranties by the Redeveloper ........... ..............................8 ARTICLE III Redeveloper Parcels; Financing Section 3.1. Status of the Redeveloper Parcels ........................................ ..............................9 Section 3.2. Environmental Undertakings ............................................... ..............................9 Section3.3. Platting ................................................................................ .............................10 Section 3.4. Assignment of Note ............................................................ .............................10 Section 3.5. Series 2007 Bonds; Refunding Bonds ................................ .............................10 Section 3.6. Payment of Authority Costs .............. ............................... Section3.7. Business Subsidy ................................................................ .............................11 ARTICLE IV Construction of Minimum Improvements and Public Improvements Section 4.1. Construction of Minimum Improvements .......................... .............................13 Section 4.2. Master Site Plan and Construction Plans ............................ .............................13 Section 4.3. Completion of Construction ................................................ .............................14 Section 4.4. Certificate of Completion ................................................... .............................14 Section4.5. Records ............................................................................... .............................15 Section 4.6. Construction of Public Improvements ................................ .............................15 ARTICLE V Insurance Section 5.1. Section 5.2. Section 5.3. Insurance . ............................... Subordination ......................... Qualifications ......................... ARTICLE VI Tax Increment; Taxes 17 17 18 468034v2 MNI CL205 -23 i 61 Section 6. 1. Review of Taxes ................................................................. .............................19 ARTICLE VII Financing Section 7.1. Mortgage Financing ............................................................ .............................20 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment .................................. .............................21 Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement .................................................. .............................21 Section 8.3. Release and Indemnification Covenants ............................. .............................22 ARTICLE IX Events of Default Section 9.1. Events of Default Defined .................................................. .............................24 Section 9.2. Remedies on Default ........................................................... .............................24 Section 9.3. No Remedy Exclusive ......................................................... .............................25 Section 9.4. No Additional Waiver Implied by One Waiver .................. .............................25 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority and City Representatives SCHEDULE A Description of Redeveloper Parcels SCHEDULE B Master Site Plan SCHEDULE C Form of Certification of Completion 468034v2 MNI CL205 -23 11 62 NotIndividually Liable ...................................................... .............................26 Section 10.2. Equal Employment Opportunity ......................................... .............................26 Section 10.3. Restrictions on Use ............................................................. .............................26 Section 10.4. Provisions Not Merged With Deed ..................................... .............................26 Section 10.5. Titles of Articles and Sections ............................................ .............................26 Section 10.6. Notices and Demands ....26 ................................................... ............................... Section 10.7. Counterparts ........................................................................ .............................27 Section10.8. Recording ............................................................................ .............................27 Section10.9. Amendment ......................................................................... .............................27 Section 10.10. Authority or City Approvals ............................................... .............................27 Section 10.11. Termination ......................................................................... .............................27 SCHEDULE A Description of Redeveloper Parcels SCHEDULE B Master Site Plan SCHEDULE C Form of Certification of Completion 468034v2 MNI CL205 -23 11 62 SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the _ day of , 2015, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the "Authority "), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act "), the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (the "City ") and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). WITNESSETH: WHEREAS, the Authority was created pursuant to the Act and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Columbia Heights ( "City "); and WHEREAS, the City and the Authority (as successor to the Housing and Redevelopment Authority of Columbia Heights, Minnesota) have undertaken a program to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this connection the Authority administers a redevelopment project known as the Downtown CBD Redevelopment Project ( "Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act "); and WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire real property, or interests therein, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, within the Project, the City and Authority created the Huset Park Area Tax Increment Financing District ( "TIF District ") in order to facilitate redevelopment of certain property in the Project; and WHEREAS, the Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank (`BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of the property described in Schedule A hereto, designated as the Redeveloper Parcels, along with other property within the TIF District (all such property the "Redevelopment Property "); and WHEREAS, the Redeveloper has proposed and the parties to the Original Contract have agreed to the construction by Redeveloper of certain housing improvements on the Redeveloper 468034v2 MNI CL205 -23 1 63 Parcels, subject to assignment of the Original Contract to the Redeveloper and certain other conditions as more fully provided herein; and WHEREAS, this Agreement is intended to supersede and replace the Original Contract in all respects; and WHEREAS, the Authority believes that the redevelopment of the Redeveloper Parcels pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 468034v2 MN] CL205 -23 2 64 ARTICLE I Definitions Section I. I. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.1082, as amended. "Affiliate" means with respect to the Redeveloper (a) any corporation, partnership, corporation or other business entity or person controlling, controlled by or under common control with the Redeveloper, and (b) any successor to such party by merger, acquisition, reorganization or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words "controlling ", "controlled by" and "under common control with" shall mean, with respect to any corporation, partnership, corporation or other business entity, the ownership of fifty percent or more of the voting interests in such entity possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether ownership of voting securities or by contract or otherwise. "Agreement" means this Second Amended and Restated Contract for Private Redevelopment, as the same may be from time to time modified, amended, or supplemented. "Authority" means the Columbia Heights Economic Development Authority, or any successor or assign. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "Available Tax Increment" means, on any payment date for the Note, the Tax Increment derived from the Redevelopment Property during the six -month period preceding each Payment Date that is paid to the Authority by the County in the six months preceding the Payment Date, after deducting $16,500 and the fees of the paying agent under the Paying Agent Agreement between the Authority and Bond Trust Services Corporation dated August 1, 2007 (the "Paying Agent Agreement ") entered into in connection with the Series 2007 Bonds. "BNC" means BNC National Bank, the successor in interest to the Original Developer under the Original Contract. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. 468034v2 MN1 CL205 -23 3 65 "Business Subsidy Act" means Minnesota Statues, Sections 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification provided to the Redeveloper, or the purchaser of any part, parcel or unit of the Redeveloper Parcels, pursuant to Section 4.4 of this Agreement. "City" means the City of Columbia Heights, Minnesota. "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Redeveloper Parcels which a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Anoka, Minnesota. "Event of Default" means an action by a party described in Section 9.1 of this Agreement. "HRA Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Holder" means the owner of a Mortgage. "Master Site Plan" means the plan for development of the Redeveloper Parcels, attached as Schedule B and as it may be revised from time to time under Section 4.2. The Master Site Plan attached to this Second Amended and Restated Contract is the plan dated September 25, 2015, in effect as of the date hereof. "Minimum Improvements" means the construction on the Redeveloper Parcels of a multistory building containing approximately 190 to 200 units of multifamily senior rental housing, along with associated underground structured parking and surface parking. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redeveloper Parcels and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means the Taxable Tax Increment Revenue Note, Series 2007, delivered by the Authority to the Original Developer in accordance with Section 3.8 of the Original Contract and subsequently assigned to BNC, and assigned to the Redeveloper in accordance with this Agreement. "Original Contract" means the Contract for Private Redevelopment between the Authority and the Original Developer dated as of October 25, 2004, as amended. 4680342 MNJ CL205 -23 4 66 "Planning Contract" has the meaning provided in Section 3.3(b) hereof. "Public Improvements" has the meaning provided in Section 4.6 hereof "Redeveloper" means Columbia Heights Leased Housing Associates I, LLLP or its permitted successors and assigns. "Redeveloper Parcels" means the property so described on Schedule A. "Redevelopment Project" means the Authority's Downtown CBD Redevelopment Project. "Redevelopment Property" Ineans the property subject to the Original Contract and described therein on Schedule A, of which the Redeveloper Parcels constitute a part. "Redevelopment Plan" means the Authority's Redevelopment Plan for the Redevelopment Project, as amended. "Series 2007 Bonds" has the meaning provided in Section 3.5. "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Redevelopment Property and which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. The term Tax Increment does not include any amounts retained by or payable to the State auditor under Section 469.177, subd. 11 of the Tax Increment Act, or any amounts described in Section 469.174, subd. 25, clauses (2) through (4) of the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1794, as amended. "Tax Increment District" or "TIF District" means the Authority's Huset Park Area Tax Increment Financing District. "Tax Increment Plan" or "TIF Plan" means the Authority's Tax Increment Financing Plan for the TIF District, as approved by the Authority and City on October 25, 2004, and as it may be amended from time to time. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal court including the tax court of the State. "Termination Date" means the date the Authority receives the last installment of Tax Increment from the County. "Transfer" has the meaning set forth in Section 8.2(a) hereof. 468034v2 MNI CL205 -23 5 67 "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, economic events beyond the control of the parties that materially reduce the marketability of for sale housing, including unusual increases in mortgage rates or economic recession, or acts of any federal, state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Redeveloper's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement, unless (a) Developer has timely filed any application and materials required by the City for such permit or approvals, and (b) the delay is beyond the reasonable control of the Redeveloper. 468034v2 MNI CL205 -23 6 68 ARTICLE II Representations and Warranties Section 2.1. Representations and Covenants by the Authority and City. (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority and City will use their best efforts to facilitate development of the Minimum Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary administrative and land use approvals and construction and/or permanent financing pursuant to Section 7.1 hereof. (c) The activities of the Authority are undertaken for the purpose of fostering the redevelopment of certain real property that is or was occupied primarily by substandard and obsolete buildings, which will revitalize this portion of the Redevelopment Project, increase tax base, and increase housing and employment opportunities. (d) The City is a home rule charter city duly organized and existing under the laws of the State, and is a state public body under Section 469.041 of the HRA Act. Under the provisions of its charter and the HRA Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (e) The City and Authority have taken all actions necessary to establish the TIF District as a redevelopment district as defined in the TIF Act, and the TIF District has been duly certified by the County. (f) The City and Authority will take no action, nor omit to take any action, regarding the TIF District that materially impairs the collection or payment of Tax Increment. (g) As of the date of this Agreement, the Minimum Improvements to be constructed in accordance with the Master Site Plan are allowed uses under the City zoning ordinance and are consistent with the City Comprehensive Plan. (h) As of the date of this Agreement, the City and Authority have completed all required environmental review and determined that no further environmental review is required under the Minnesota Environmental Policy Act, Minn. Stat. Ch. 116.1). (i) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of charter or statutory limitation or any indebtedness, agreement or instrument of whatever nature to which the City or Authority is now a party or by which it is bound, or constitutes a default under any of the foregoing. 468034v2 MNI CL205 -23 7 69 (e) The Authority shall promptly advise City in writing of all litigation or claims affecting any part of the Minimum Improvements. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability limited partnership organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its certificate of limited partnership or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its partners. (b) Upon acquisition of the Redeveloper Parcels, the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will 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 Minimum Improvements may be lawfully constructed. (d) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any partnership or company restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (e) The Redeveloper shall promptly advise City in writing of all material litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Redeveloper or its business which may delay or require changes in construction of the Minimum Improvements. (f) The proposed redevelopment by the Redeveloper hereunder would not occur but for the tax increment financing assistance being provided by the Authority hereunder. 468034v2 MNI CL205 -23 8 70 ARTICLE III Redeveloper Parcels; Financing Section 3.1. Status of the Redeveloper Parcels. As of the date of this Agreement, the Redeveloper has acquired the Redeveloper Parcels, which consist of the real property described in Schedule A, from BNC, BNC has assigned the Original Contract to the Redeveloper, and the parties hereto have executed this Agreement, which supercedes the Original Contract in all respects. Section 3.2. Environmental Undertakings. (a) The Redeveloper acknowledges that the Authority makes no representations or warranties as to the condition of the soils on the Redeveloper Parcels or the fitness of the Redeveloper Parcels for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property, and that this Agreement neither implies any responsibility by the Authority or the City for any contamination of the Redeveloper Parcels nor imposes any obligation on such parties to participate in any cleanup of the Redeveloper Parcels. The parties further acknowledge and agree that all environmental remediation obligations imposed pursuant to the Original Contract have been fully satisfied. (b) Without limiting its obligations under Section 8.3 of this Agreement, the Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or in the Redeveloper Parcels, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of, the indemnitees. Nothing in this section will be construed to limit or affect any limitations on liability of the City or Authority under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.3. Platting. (a) Before commencing construction of the Minimum Improvements, the Redeveloper shall record a plat of the the Redeveloper Parcels at Redeveloper's cost and subject to all City ordinances and procedures (the "Plat "). The Plat must be consistent with the Master Site Plan, provided that nothing in this Agreement is intended to limit the City's authority in reviewing the preliminary or final Plat, or to preclude revisions requested or required by the City. The City and Authority will cooperate in all replatting. The relationship between the Master Site Plan and the Plat is further described in Section 4.2(a) hereof. The Redeveloper must dedicate to the City, at no cost, all public rights of way needed for Huset Parkway, storm water ponding area and any necessary utility easements. (b) In connection with the Plat, the parties agree and understand that the Redeveloper and City have entered into a Development Contract for Plat of Huset Park Senior Living (the "Planning Contract ") that addresses planning and land use requirements and is consistent with the covenants regarding the Minimum Improvements and Public Improvements described in Article IV hereof. (c) The City will vacate existing streets and rights of way as needed to effectuate the Plat. The Redeveloper will cooperate with the City in this effort, including without limitation filing any requests or consents required under City ordinances or State law. 468034v2 MNI CL205 -23 9 71 (d) The Redeveloper shall pay all SAC and WAC fees and park dedication fees in accordance with applicable City policies and ordinances. The Redeveloper will receive SAC/WAC credits applicable to the Redeveloper Parcels, and a credit against park dedication fees for the portion of the storm water pond dedication area not used for the storm water pond (such credit being in the amount of the fair market value of that land area). The details of SAC, WAC and park dedication fees, including amounts and timing of payment, will be specified in the Planning Contract. Section 3.4. Assignment of Note. (a) Pursuant to the Original Contract, the Authority issued its Tax Increment Revenue Note, Series 2007A, in the principal amount of $6,650,000, to the Original Developer, and the Original Developer subsequently assigned the Note to BNC. As of the date of this Agreement, BNC has assigned the Note to the Redeveloper. The parties agree and acknowledge that payments on the Note are payable solely from and in the amount of Available Tax Increment as defined in the Note, and that the pledge of Available Tax Increment to the Note is subordinate to the pledge of Available Tax Increment to the Series 2007 Bonds (as defined below). (b) The Redeveloper understands and acknowledges that the Authority makes no representations or warranties regarding the amount of Available Tax Increment, or that revenues pledged to the Note will be sufficient to pay the principal and interest on the Note. Any estimates of Tax Increment prepared by the Authority or its financial advisors in connection with the TIF District or this Agreement are for the benefit of the Authority, and are not intended as representations on which the Redeveloper may rely. Section 3.5. Series 2007 Bonds, Refunding Bonds. (a) Pursuant to the Original Contract, the Authority issued its tax exempt Tax Increment Revenue Bonds, Series 2007 (Huset Park Area Redevelopment Project), in the principal amount of $2,890,000 (the "Series 2007 Bonds "). Proceeds of the Series 2007 Bonds were used to reimburse the Original Developer for a portion of the Public Redevelopment Costs incurred by the Original Developer. (b) The Redeveloper makes the following representations to the Authority with respect to the Series 2007 Bonds and any Refunding Bonds: (1) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause the Series 2007 Bonds or Refunding Bonds to be determined to be a "private activity bond" (as such term is defined in Section 141 of the Internal Revenue Code of 1986, as amended (the "Code ") and in applicable Treasury Regulations promulgated pursuant to applicable provisions of the Code (the "Regulations ") (2) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause the "private security or payment test" (as such term is defined in Section 141 of the Code and in applicable Regulations) or the "private loan financing test (as such term is defined in Section 141 of the Code and in applicable Regulations to be satisfied with respect to the Series 2007 Bonds or Refunding Bonds. (3) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause the Series 2007 Bonds or Refunding Bonds to be 468034v2 MNI CL205 -23 10 72 determined to be an "arbitrage bond "(as such term is defined in Section 148 of the Code and in applicable Regulations). (4) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause interest on the Series 2007 Bonds or Refunding Bonds to be includable in gross income for federal income tax purposes. Section 3.6. Payment of Authority Costs. The Redeveloper is responsible to pay "Authority Costs," which term means reasonable out -of pocket -costs incurred by the City or Authority for: (i) the Authority's financial advisor in connection with the Authority's financial participation in redevelopment of the Redeveloper Parcels, including without limitation all costs related to the negotiation and preparation of this Agreement, (ii) the City or Authority's legal counsel in connection with negotiation and drafting of this Agreement and any related agreements or documents, and any legal services related to the Authority's financial participation in redevelopment of the Property; and (iii) any consultants retained by the City and Authority for planning, environmental review, and engineering related to the Minimum Improvements, including the zoning and land use approvals. City and Authority staff costs and costs and expenses shall not be Authority Costs. (b) At any time, but not more often than monthly, the City or Authority may request payment of Authority Costs, and the Developer agrees to pay all Authority Costs within ten days of the City or Authority's written request, supported by suitable billings, receipts or other evidence of the amount and nature of Authority Costs incurred. At Redeveloper's request, but no more often than monthly, the Authority will provide Developer with a written report on current and anticipated expenditures for Authority Costs, including invoices or other comparable evidence. Section 3.7. Business Subsidy. (a) The parties agree and understand that any assistance provided to the Redeveloper under this Agreement with respect to the Redeveloper Parcels is not a "business subsidy" under the Business Subsidy Act because the Tax Increment assistance is for housing. (b) The Redeveloper releases and waives any claim against the Authority and the City and the governing body members, officers, agents, servants and employees thereof arising from application of the Business Subsidy Act to this Agreement, including without limitation any claim that the Authority failed to comply with the Business Subsidy Act with respect to this Agreement. (The remainder of this page is intentionally left blank.) 468034v2 MNI CL205 -23 11 73 ARTICLE IV Construction of Minimum Improvements and Public Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redeveloper Parcels in accordance with approved Construction Plans, and at all times while Redeveloper owns the Redeveloper Parcels, will operate, maintain, preserve and keep the respective components of the Minimum Improvements or cause such components to be operated, maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Master Site Plan and Construction Plans. (a) Master Site Plan. The Master Site Plan for the Redeveloper Parcels as of September 25, 2015 is attached hereto as Schedule B. The parties agree and understand that the Master Site Plan may be refined and modified as part of the review and approval process for the Plat, subject to approval by the Authority. (b) Construction Plans. Before commencing construction of the Minimum Improvements, the Redeveloper shall submit to the Authority Construction Plans. The City's chief building official and community development director will review and approve all Construction Plans on behalf of the Authority, and for the purposes of this Section the term "Authority" means those named officials. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the Master Site Plan, the TIF Plan, the Planning Contract and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing or by issuance of a permit if (i) the Construction Plans conform to all terms and conditions of the Master Site Plan, this Agreement, the Plat and the Planning Contract; (ii) the Construction Plans conform to the goals and objectives of the TIF Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; and (v) there is no uncured Event of Default. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default, or waiver of any State or City building or other code requirements that may apply. Within 30 days after receipt of complete Construction Plans and permit applications for the Minimum Improvements, the Authority will deliver to the Redeveloper an initial review letter describing any comments or changes requested by Authority staff. Thereafter, the parties shall negotiate in good faith regarding final approval of Construction Plans for the Minimum Improvements. The Authority's approval shall not be unreasonably withheld or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority, except for any failure by Authority to perform its obligations under this Section. Neither the Authority, the City, nor any employee or official of the Authority or City 4680342 MNI CL205 -23 12 74 shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (c) Construction Plan Changes. If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the Redeveloper shall submit the proposed change to the Authority for its approval. For purposes of this Section, the term "material" means changes that increase or decrease construction costs by more than 5% of total construction costs. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made as soon as reasonably practicable but in any event within 30 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum Improvements by June 1, 2016. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimum Improvements by December 31, 2017. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redeveloper Parcels shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. (b) The Redeveloper agrees for itself, its successors, and assigns, and every successor in interest to the Redeveloper Parcels, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Redeveloper Parcels through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until the Minimum Improvements have been fully leased, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, but no more than monthly, as to the actual progress.of the Redeveloper with respect to such construction and leasing. Section 4.4. Certificate of Com letion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates for completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion in substantially the form attached as Schedule D. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in any deed with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 4680342 MNI CL205 -23 13 75 (b) Upon Redeveloper's request, the Authority shall furnish to the Redeveloper a Certificate of Completion for each housing unit upon substantial completion of such unit, as evidenced by issuance of a certificate of occupancy therefor by the responsible inspecting authority. (c) Each Certificate of Completion provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redeveloper Parcels. If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain such certification. (d) The construction of the Minimum Improvements shall be deemed to be substantially complete for the purposes of this Agreement when the Redeveloper has received a certificate of occupancy from the City for all housing units, and the specified site improvements for the Minimum Improvements have been substantially completed as reasonably determined by the Authority Representative. Section 4.5. Records. The Authority and the City through any authorized representatives, shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Redeveloper relating to the Minimum Improvements. Such records shall be kept and maintained by Redeveloper through the Termination Date. Section 4.6. Construction of Public Improvements. (a) The Redeveloper shall construct, at Redeveloper's sole cost, public improvements on and /or benefitting the Redeveloper Parcels, including the following (collectively, the "Public Improvements "): Continuation of the decorative fencing installed along Trunk Highway 47 (between Naegele Avenue and Jolly Lane) from Naegele Avenue south to 37th Avenue NE, within the Minnesota Department of Transportation right -of -way. ii. Construction of a 10 -foot wide bituminous multi -use trail, adjacent to Trunk Highway 47, extending from Naegele Avenue south to 37th Avenue NE, within the Minnesota Department of Transportation right -of -way. iii. Construction of a 6 -foot wide concrete sidewalk, adjacent to 37th Avenue NE, extending from Trunk Highway 47 east to Huset Parkway. iv. Construction of a landscaped water feature and other onsite stormwater management features, conforming to Mississippi Watershed Management Organization standards and City requirements. 468034v2 MNI CL205 -23 14 76 Construction of the Public Improvements shall be performed pursuant to the requirements of the Planning Contract. (b) The Redeveloper shall undertake all work related to the Public Improvements in compliance with all applicable federal and state laws, including without limitation all applicable state and federal environmental regulations. (The remainder of this page is intentionally left blank.) 468034v2 MNI CL205 -23 15 77 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so- called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100 %) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence, and shall be endorsed to show the City and Authority as additional insured (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (iii) Workers' compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $2,000,000 and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self - insured with respect to all or any part of its liability for workers' compensation. 468034v2 MNI CL205 -23 16 78 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least 30 days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. Any insurance required under this Article may be provided separately by Phase or building. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of the Authority with respect to the receipt and application of any insurance proceeds shall, in all respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant to Article VII of this Agreement. Section 5.3. Qualifications. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that upon transfer of the Redeveloper Parcels or portion thereof to another person or entity, the Redeveloper will remain obligated under Section 5.1 hereof relating to such portion transferred, unless the Redeveloper is released from such obligations in accordance with the terms and conditions of Section 8.2(b) or 8.3 hereof. 468034v2 MNI CL205 -23 17 79 ARTICLE VI Tax Increment; Taxes Section 6.1. Review of Taxes. The Redeveloper agrees that prior to the Termination Date it will not cause a reduction in the real property taxes paid in respect of the Redeveloper Parcels through: (A) willful destruction of the Redeveloper Parcels or any part thereof, or (B) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1(d) of this Agreement. The Redeveloper also agrees that it will not, prior to the Termination Date, seek exemption from property tax for the Redeveloper Parcels or any portion thereof or transfer or permit the transfer of the Redeveloper Parcels to any entity that is exempt from real property taxes and state law (other than any portion thereof dedicated or conveyed to the City in accordance with platting of the Redeveloper Parcels), or apply for a deferral of property tax on the Redeveloper Parcels pursuant to any law. (The remainder of this page is intentionally left blank.) 468034v2 MNI CL205 -23 18 80 ARTICLE VII Financing Section 7.1. Mortgage Financing. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit to the City evidence of one or more commitments for financing which, together with committed equity for such construction, is sufficient for payment of the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long term take -out financing commitment, or any combination of the foregoing. (b) If the Authority finds that the financing is sufficiently committed and adequate in amount to pay the costs specified in paragraph (a) then the Authority shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within twenty (20) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within ten (10) days after such rejection. (c) In the event that there occurs a default under any Mortgage authorized pursuant to Section 7.1 of this Agreement, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents. In the event there is an event of default under this Agreement, the Authority will transmit to the Holder of any Mortgage a copy of any notice of default given by the Authority pursuant to Article IX of this Agreement. (d) In order to facilitate the securing of other financing, the Authority agrees to subordinate its rights under this Agreement provided that such subordination shall be subject to such reasonable terms and conditions as the Authority and Holder mutually agree in writing. Notwithstanding anything to the contrary herein, any subordination agreement must include the provision described in Section 7.1(c). 4680342 MNI CL205 -23 19 81 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redeveloper Parcels, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redeveloper Parcels and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that until the Termination Date: (a) Except as specifically described in this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Redeveloper Parcels or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer "), without the prior written approval of the Authority's board of commissioners. The term "Transfer" does not include (i) encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Redeveloper or any successor in interest to the Redeveloper Parcels or to construct the Minimum Improvements or component thereof, (ii) any lease, license, easement or similar arrangement entered into in the ordinary course of business related to operation of the Minimum Improvements, (iii) any sale, conveyance, or transfer in any form to any Affiliate of the Redeveloper, or any Affiliate of the Redeveloper's partners, or (iv) any sale, conveyance, or transfer of any partnership interests of the Redeveloper to an Affiliate of the Redeveloper or its partners. (b) If the Redeveloper seeks to effect a Transfer, the Authority shall be entitled to require as conditions to such Transfer that: (1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper as to the portion of the Redeveloper Parcels to be transferred; and (2) Any proposed transferee, by instrument in writing satisfactory to the Authority, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement as to the portion of the Redeveloper Parcels to be transferred and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Redeveloper Parcels, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the 468034v2 MNI CL205 -23 20 82 Redeveloper Parcels, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Redeveloper Parcels or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Redeveloper Parcels that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other parry bound in any way by this Agreement or otherwise with respect to the Redeveloper Parcels, from any of its obligations with respect thereto. (3) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Redeveloper Parcels governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. (c) If the conditions described in paragraph (b) are satisfied, then the Transfer will be approved and the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Redeveloper Parcels that is transferred, assigned, or otherwise conveyed, unless the parties mutually agree otherwise. The Authority will review and respond to a request for Transfer within 45 days after receipt of a written request. Notwithstanding anything to the contrary herein, any Transfer that releases the Redeveloper from its obligations under this Agreement (or any portion thereof) shall be approved by the Authority's board of commissioners. If the Redeveloper remains fully bound under this Agreement notwithstanding the Transfer, as documented in the transfer instrument, the Transfer may be approved by the Authority Representative. The provisions of this paragraph (c) apply to all subsequent transferors. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Authority and the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the Authority and the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for willful or negligent misrepresentation, misconduct or negligence of the Indemnified Parties (as hereafter defined), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Redeveloper agrees to protect and defend the Authority and the City and the governing body members, officers, agents, servants and employees thereof (the "Indemnified Parties "), now or forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements. 468034v2 MNJ CL205 -23 21 83 (c) Except for any negligence of the Indemnified Parties (as defined in clause (b) above), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. (The remainder of this page is intentionally left blank.) 468034v2 MNI CL205 -23 22 84 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non - defaulting party provides 30 days written notice to the defaulting party of the event, but only if the event has not been cured within said 30 days or, if the event is by its nature incurable within 30 days, the defaulting party does not, within such 30 -day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) Failure by the Redeveloper or the Authority to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement or the Planning Contract; (b) The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) makes an assignment for benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; (iv) is adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. (a) Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non - defaulting party may exercise its rights under this Section 9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non - defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: (b) Upon an Event of Default by the Redeveloper, the Authority may withhold payments under the Note in accordance with its terms, which withheld amount is payable, without interest thereon, on the first payment date after the default is cured. (c) Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 468034v2 MN] CL205 -23 23 85 Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to 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 this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, 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. Any partner of the Redeveloper shall have the right, but not the obligation, to cure any Event of Default under this Agreement, and the Authority and /or City shall accept such cure. (The remainder of this page is intentionally left blank.) 468034v2 MN] CL205 -23 24 86 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority and City Representatives Not Individually Liable. The Authority, the City, and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority or City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority or City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non - discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and any successors and assigns, shall devote the Redeveloper Parcels to the operation of the Minimum Improvements for uses described in the definition of such term in this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the lease or rental or in the use or occupancy of the Redeveloper Parcels or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Redeveloper Parcels and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 2905 Northwest Boulevard, Suite 150, Plymouth, MN 55441 -2644, Attention: Mark S. Moorhouse and Ron Mehl, with a copies to the following: 468034v2 MNI CL205 -23 25 87 Winthrop & Weinstine 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attn: John D Nolde Alliant Asset Management 21600 Oxnard Street, Suite 1200 Woodland Hills, CA 91367; and (b) in the case of the Authority or City, is addressed to or delivered personally at 590 40th Avenue NE, Columbia Heights, Minnesota 55421, Attn: Executive Director /City Manager; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Anoka County recorder. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. Authority or CityApprovals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative, and any approval required by the City under this Agreement may be given by the City Representative. Section 10.11. Termination. This Agreement terminates on the Termination Date, except that termination of the Agreement does not terminate, limit or affect the rights of any party that arise before the Termination Date. 468034v2 MNI CL205 -23 26 88 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2015, by and Walter R. Fehst, the President and Executive Director of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public 468034v2 MNI CL205 -23 S -1 89 CITY OF COLUMBIA HEIGHTS By Its Mayor By Its City Manager STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2015, by Gary Peterson and Walter R. Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public 468034v2 MNI CL205 -23 S -2 90 COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP, a Minnesota Limited Liablity Limited Partnership By: Columbia Heights Leased Housing Associates I, LLC Its General Partner I: STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) Mark S. Moorhouse Its Senior Vice President The foregoing instrument was acknowledged before me this day of , 2015 by Mark S. Moorhouse, the Senior Vice President of Columbia Heights Leased Housing Associates I LLC, a Minnesota limited liability company, the General Partner of Columbia Heights Leased Housing Associates I, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. Notary Public 468034v2 MN] CL205 -23 S -3 91 SCHEDULE A REDEVELOPER PARCELS Lot 1, Block 1, Huset Park Senior Living Anoka County, Minnesota 468034v2 MM CL205 -23 A -1 92 as �p 9N 1-45 445 Uk -N k-H *-.L) -;W —V 0 O o:5 9N 1-45 445 Uk -N k-H *-.L) -;W —V 0 O SCHEDULE C FORM OF CERTIFICATE OF COMPLETION (The remainder of this page is intentionally left blank.) 468034v2 MNI CL205 -23 C -1 94 CERTIFICATE OF COMPLETION WHEREAS, the Columbia Heights Economic Development Authority (the "Authority "), the City of Columbia Heights (the "City ") and Columbia Heights Leased Housing Associates I, LLLP ( "Redeveloper ") entered into a certain Contract for Private Redevelopment dated , 2015 ( "Contract "); and WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles III and IV thereof related to completing certain Minimum Improvements; and WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all construction and other physical improvements related to the Minimum Improvements specified to be done and made by the Redeveloper have been completed and the agreements and covenants in Articles III and IV of the Contract have been performed by the Redeveloper, and this Certificate is intended to be a conclusive determination of the satisfactory termination of the covenants and conditions of Articles III and IV of the Contract related to completion of the Minimum Improvements, but any other covenants in the Contract shall remain in full force and effect. (Signature page follows.) 468034v2 MNI CL205 -23 95 Dated: 20 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY STATE OF MINNESOTA Authority Representative ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 20_ by the of the Columbia Heights Economic Development Authority, on behalf of the Authority. Notary Public This document drafted by: Kennedy & Graven, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, MN 55402 468034v2 MNl CL205 -23 96 October 7, 2015 SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT By and Between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY and CITY OF COLUMBIA HEIGHTS and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES II, LLLP Dated as of: October 12, 2015 This document was drafted by: KENNEDY & GRAVEN, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, Minnesota 55402 Telephone: (612) 337 -9300 468962v1 MNI CL205 -23 97 TABLE OF CONTENTS PREAMBLE 1 ARTICLE I Definitions Section 1.1. Definitions ......................... ............................... ARTICLE II Representations and Warranties Section 2.1. Representations and Covenants by the Authority and City . ..............................6 Section 2.2. Representations and Warranties by the Redeveloper ........... ..............................7 ARTICLE III Remnant Parcel; Financing Section 3.1. Status of the Remnant Parcel ............................................... ..............................8 Section 3.2. Environmental Undertakings ............................................... ..............................8 Section3.3. Planning Contract ................................................................. ..............................8 Section3.4. Assignment of Note ............................................................. ..............................8 Section3.5. Series 2007 Bonds ................................................................ ..............................8 Section 3.6. Payment of Authority Costs ................................................. ..............................9 Section3.7. Business Subsidy ................................................................. ..............................9 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements .......................... .............................10 Section 4.2. Construction Plans .............................................................. .............................10 Section 4.3. Completion of Construction .............................................. ............................... l l Section 4.4. Certificate of Completion ................................................... .............................11 Section4.5. Records ............................................................................... .............................12 ARTICLE V Insurance Section5.1. Insurance ............................................................................. .............................13 Section5.2. Subordination ...................................................................... .............................14 Section5.3. Qualifications ...................................................................... .............................14 ARTICLE VI Tax Increment; Taxes Section 6.1. Review of Taxes ........................... ............................... 468962v1 MNI CL205 -23 i 98 ARTICLE VII Financing Section 7.1. Mortgage Financing ............................................................ .............................16 ARTICLE VIII Prohibitions Against Assignment and Transfer; Indemnification Section 8.1. Representation as to Redevelopment .................................. .............................17 Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement .................................................. .............................17 Section 8.3. Release and Indemnification Covenants ............................. .............................18 ARTICLE IX Events of Default Section 9.1. Events of Default Defined .................................................. .............................20 Section 9.2. Remedies on Default ........................................................... .............................20 Section 9.3. No Remedy Exclusive ......................................................... .............................20 Section 9.4. No Additional Waiver Implied by One Waiver .................. .............................21 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests; Authority and City Representatives Not Individually Liable ...................................................... .............................22 Section 10.2. Equal Employment Opportunity ......................................... .............................22 Section 10.3. Restrictions on Use ............................................................. .............................22 Section 10.4. Provisions Not Merged With Deed ..................................... .............................22 Section 10.5. Titles of Articles and Sections ............................................ .............................22 Section 10.6. Notices and Demands ......................................................... .............................22 Section10.7. Counterparts ........................................................................ .............................23 Section10.8. Recording ............................................................................ .............................23 Section10.9. Amendment ......................................................................... .............................23 Section 10.10. Authority or City Approvals ............................................... .............................23 Section 10.11. Termination ......................................................................... .............................23 SCHEDULE A Description of Remnant Parcel SCHEDULE B Form of Certification of Completion 468962v1 MNJ CL205 -23 11 99 SECOND AMENDED AND RESTATED CONTRACT FOR PRIVATE REDEVELOPMENT THIS AGREEMENT, made on or as of the — day of , 2015, by and between COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic (the "Authority "), established pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act "), the CITY OF COLUMBIA HEIGHTS. a Minnesota municipal corporation (the "City ") and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES II, LLLP, a Minnesota limited liability limited partnership (the "Redeveloper "). WITNESSETH: WHEREAS, the Authority was created pursuant to the Act and was authorized to transact business and exercise its powers by a resolution of the City Council of the City of Columbia Heights ( "City "); and WHEREAS, the City and the Authority (as successor to the Housing and Redevelopment Authority of Columbia Heights, Minnesota) have undertaken a program to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this connection the Authority administers a redevelopment project known as the Downtown CBD Redevelopment Project ( "Project ") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act "); and WHEREAS, pursuant to the Act and the HRA Act, the Authority is authorized to acquire real property, or interests therein, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, within the Project, the City and Authority created the Huset Park Area Tax Increment Financing District ( "TIF District ") in order to facilitate redevelopment of certain property in the Project; and WHEREAS, the Authority and Huset Park Development Corporation (the "Original Developer ") previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, amended and restated in its entirety by an Amended and Restated Contract for Private Redevelopment dated as of August 1, 2007, as amended by a First Amendment thereto dated as of June 16, 2008, a Second Amendment thereto dated as of February 9, 2009, a Third Amendment thereto dated as of September 28, 2009 (subsequent to which BNC National Bank ( "BNC ") succeeded in interest to the Original Developer), a Fourth Amendment thereto dated as of November 21, 2011, a Fifth Amendment thereto dated as of April 2013, and a Sixth Amendment thereto dated as of June 2, 2014 (together, the "Original Contract ") regarding redevelopment of the property described in Schedule A hereto, designated as the Remnant Parcel, along with other property within the TIF District (all such property the "Redevelopment Property "); and WHEREAS, the Redeveloper has proposed and the parties to the Original Contract have agreed to the construction by Redeveloper of certain housing improvements on the Remnant Parcel, 468962v1 MNl CL205 -23 1 100 subject to assignment of the Original Contract to the Redeveloper as to the Remnant Parcel and certain other conditions as more fully provided herein; and WHEREAS, this Agreement is intended to supersede and replace the Original Contract in all respects as to the Remnant Parcel; and WHEREAS, the Authority believes that the redevelopment of the Remnant Parcel pursuant to this Agreement, and fulfillment generally of this Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 468962v] MNI CL205 -23 2 101 ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means the Economic Development Authority Act, Minnesota Statutes, Sections 469.090 to 469.1082, as amended. "Affiliate" means with respect to the Redeveloper (a) any corporation, partnership, corporation or other business entity or person controlling, controlled by or under common control with the Redeveloper, and (b) any successor to such party by merger, acquisition, reorganization or similar transaction involving all or substantially all of the assets of such party (or such Affiliate). For the purpose hereof the words "controlling ", "controlled by" and "under common control with" shall mean, with respect to any corporation, partnership, corporation or other business entity, the ownership of fifty percent or more of the voting interests in such entity possession, directly or indirectly, of the power to direct or cause the direction of management policies of such entity, whether ownership of voting securities or by contract or otherwise. "Agreement" means this Amended and Restated Contract, as the context requires, and as the same may be from time to time modified, amended, or supplemented. "Authority" means the Columbia Heights Economic Development Authority, or any successor or assign. "Authority Representative" means the Executive Director of the Authority, or any person designated by the Executive Director to act as the Authority Representative for the purposes of this Agreement. "BNC" means BNC National Bank, the successor in interest to the Original Developer under the Original Contract. "Business Day" means any day except a Saturday, Sunday, legal holiday, a day on which the City is closed for business, or a day on which banking institutions in the City are authorized by law or executive order to close. "Business Subsidy Act" means Minnesota Statues, Sections 116J.993 to 116J.995, as amended. "Certificate of Completion" means the certification provided to the Redeveloper, or the purchaser of any part, parcel or unit of the Remnant Parcel, pursuant to Section 4.4 of this Agreement. "City" means the City of Columbia Heights, Minnesota. 468962v1 MNI CL205 -23 3 102 "Construction Plans" means the plans, specifications, drawings and related documents on the construction work to be performed by the Redeveloper on the Remnant Parcel which a) shall be as detailed as the plans, specifications, drawings and related documents which are submitted to the appropriate building officials of the City, and (b) shall include at least the following for each building: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) landscape plan; and (8) such other plans or supplements to the foregoing plans as the Authority may reasonably request to allow it to ascertain the nature and quality of the proposed construction work. "County" means the County of Anoka, Minnesota. "Event of Default" means an action by a party described in Section 9.1 of this Agreement. "HRA Act" means Minnesota Statutes, Sections 469.001 to 469.047, as amended. "Holder" means the owner of a Mortgage. "Minimum Improvements" means the construction on the Remnant Parcel of approximately 80 units of senior rental housing. "Mortgage" ]neans any mortgage made by the Redeveloper which is secured, in whole or in part, with the Remnant Parcel and which is a permitted encumbrance pursuant to the provisions of Article VIII of this Agreement. "Note" means the Taxable Tax Increment Revenue Note, Series 2007, delivered by the Authority to the Original Developer in accordance with Section 3.8 of the Original Contract and subsequently assigned to BNC. "Original Contract" means the Contract for Private Redevelopment between the Authority and the Original Developer dated as of October 25, 2004, as amended. "Redeveloper" means Columbia Heights Leased Housing Associates II, LLLP or its permitted successors and assigns. "Redevelopment Project" means the Authority's Downtown CBD Redevelopment Project. "Redevelopment Property" means the property subject to the Original Contract and described therein on Schedule A, of which the Remnant Parcel constitutes a part. "Redevelopment Plan" means the Authority's Redevelopment Plan for the Redevelopment Project, as amended. "Remnant Parcel" means the property so described on Schedule A. "Series 2007 Bonds" has the meaning provided in Section 3.5. 46S962 v] MNI CL205 -23 4 103 "State" means the State of Minnesota. "Tax Increment" means that portion of the real property taxes which is paid with respect to the Redevelopment Property and which is remitted to the Authority as tax increment pursuant to the Tax Increment Act. The term Tax Increment does not include any amounts retained by or payable to the State auditor under Section 469.177, subd. 11 of the Tax Increment Act, or any amounts described in Section 469.174, subd. 25, clauses (2) through (4) of the Tax Increment Act. "Tax Increment Act" or "TIF Act" means the Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.1794, as amended. "Tax Increment District" or "TIF District" means the Authority's Huset Park Area Tax Increment Financing District. "Tax Increment Plan" or "TIF Plan" means the Authority's Tax Increment Financing Plan for the TIF District, as approved by the Authority and City on October 25, 2004, and as it may be amended from time to time. "Tax Official" means any County assessor; County auditor; County or State board of equalization, the commissioner of revenue of the State, or any State or federal court including the tax court of the State. "Termination Date" means the date the Authority receives the last installment of Tax Increment from the County. "Transfer" has the meaning set forth in Section 8.2(a) hereof. "Unavoidable Delays" means delays beyond the reasonable control of the party seeking to be excused as a result thereof which are the direct result of war, terrorism, strikes, other labor troubles, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, economic events beyond the control of the parties that materially reduce the marketability of for sale housing, including unusual increases in mortgage rates or economic recession, or acts of any federal, state or local governmental unit (other than the Authority in exercising its rights under this Agreement) which directly result in delays. Unavoidable Delays shall not include delays in the Redeveloper's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under Section 4.3 of this Agreement, unless (a) Developer has timely filed any application and materials required by the City for such permit or approvals, and (b) the delay is beyond the reasonable control of the Redeveloper. 468962v1 MNI CL205 -23 5 104 ARTICLE II Representations and Warranties Section 2.1. Representations and Covenants by the Authority and City. (a) The Authority is an economic development authority duly organized and existing under the laws of the State. Under the provisions of the Act and the HRA Act, the Authority has the power to enter into this Agreement and carry out its obligations hereunder. (b) The Authority and City will use their best efforts to facilitate development of the Minimum Improvements, including but not limited to cooperating with the Redeveloper in obtaining necessary administrative and land use approvals and construction and/or permanent financing pursuant to Section 7.1 hereof. (c) The activities of the Authority are undertaken for the purpose of fostering the redevelopment of certain real property that is or was occupied primarily by substandard and obsolete buildings, which will revitalize this portion of the Redevelopment Project, increase tax base, and increase housing and employment opportunities. (d) The City is a home rule charter city duly organized and existing under the laws of the State, and is a state public body under Section 469.041 of the HRA Act. Under the provisions of its charter and the HRA Act, the City has the power to enter into this Agreement and carry out its obligations hereunder. (e) The City and Authority have taken all actions necessary to establish the TIF District as a redevelopment district as defined in the TIF Act, and the TIF District has been duly certified by the County. (f) The City and Authority will take no action, nor omit to take any action, regarding the TIF District that materially impairs the collection or payment of Tax Increment. (g) As of the date of this Agreement, the Minimum Improvements to be constructed on the Remnant Parcel are allowed uses under the City zoning ordinance and are consistent with the City Comprehensive Plan. (h) As of the date of this Agreement, the City and Authority have completed all required environmental review and determined that no further environmental review is required under the Minnesota Environmental Policy Act, Minn. Stat. Ch. 116.1). (i) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of charter or statutory limitation or any indebtedness, agreement or instrument of whatever nature to which the City or Authority is now a party or by which it is bound, or constitutes a default under any of the foregoing. 468962v1 MNI CL205 -23 6 105 (e) The Authority shall promptly advise City in writing of all litigation or claims affecting any part of the Minimum Improvements. Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: (a) The Redeveloper is a limited liability limited partnership organized and in good standing under the laws of the State of Minnesota, is not in violation of any provisions of its certificate of limited partnership or the laws of the State, is duly authorized to transact business within the State, has power to enter into this Agreement and has duly authorized the execution, delivery and performance of this Agreement by proper action of its partners. (b) Upon acquisition of the Remnant Parcel, the Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, the Redevelopment Plan and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, building code and public health laws and regulations). (c) The Redeveloper will obtain, in a timely manner, all required permits, licenses and approvals, and will 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 Minimum Improvements may be lawfully constructed. (d) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any partnership or company restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. (e) The Redeveloper shall promptly advise City in writing of all material litigation or claims affecting any part of the Minimum Improvements and all written complaints and charges made by any governmental authority materially affecting the Minimum Improvements or materially affecting Redeveloper or its business which may delay or require changes in construction of the Minimum Improvements. 468962A MNI CL205 -23 7 106 ARTICLE III Remnant Parcel; Financing Section 3.1. Status of the Remnant Parcel. As of the date of this Agreement, the Redeveloper has acquired the Remnant Parcel, which consists of the real property described in Schedule A, from BNC, BNC has assigned the Original Contract to the Redeveloper, and the parries hereto have executed this Agreement, which supercedes the Original Contract in all respects. Section 3.2. Environmental Undertakings. (a) The Redeveloper acknowledges that the Authority makes no representations or warranties as to the condition of the soils on the Remnant Parcel or the fitness of the Remnant Parcel for construction of the Minimum Improvements or any other purpose for which the Redeveloper may make use of such property, and that this Agreement neither implies any responsibility by the Authority or the City for any contamination of the Remnant Parcel nor imposes any obligation on such parties to participate in any cleanup of the Remnant Parcel. The parties further acknowledge and agree that all environmental remediation obligations imposed pursuant to the Original Contract have been fully satisfied. (b) Without limiting its obligations under Section 8.3 of this Agreement, the Redeveloper further agrees that it will indemnify, defend, and hold harmless the Authority, the City, and their governing body members, officers, and employees, from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on or in the Remnant Parcel, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the indemnitees. Nothing in this section will be construed to limit or affect any limitations on liability of the City or Authority under State or federal law, including without limitation Minnesota Statutes Sections 466.04 and 604.02. Section 3.3. Planning: Contract. The Redeveloper shall pay any SAC and WAC fees and park dedication fees in accordance with applicable City policies and ordinances, and agrees to enter into any planning contracts that may be required in connection with the Minimum Improvements. Section 3.4. Assignment of Note. (a) Pursuant to the Original Contract, the Authority issued its Tax Increment Revenue Note, Series 2007A, in the principal amount of $6,650,000, to the Original Developer, and the Original Developer subsequently assigned the Note to BNC. The Redeveloper agrees and acknowledges that the Note has been assigned to a separate entity pursuant to a separate contract, and that Redeveloper has no right to or interest in the Note. Section 3.5. Series 2007 Bonds. (a) Pursuant to the Original Contract, the Authority issued its tax exempt Tax Increment Revenue Bonds, Series 2007 (Huset Park Area Redevelopment Project), in the principal amount of $2,890,000 (the "Series 2007 Bonds "). Proceeds of the Series 2007 Bonds were used to reimburse the Original Developer for a portion of the Public Redevelopment Costs incurred by the Original Developer. (b) The Redeveloper makes the following representations to the Authority with respect to the Series 2007 Bonds and any Refunding Bonds: 468962v1 MNICL205 -23 g 107 (1) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause the Series 2007 Bonds or Refunding Bonds to be determined to be a "private activity bond" (as such term is defined in Section 141 of the Internal Revenue Code of 1986, as amended (the "Code ") and in applicable Treasury Regulations promulgated pursuant to applicable provisions of the Code (the "Regulations ") (2) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause the "private security or payment test" (as such term is defined in Section 141 of the Code and in applicable Regulations) or the "private loan financing test (as such term is defined in Section 141 of the Code and in applicable Regulations to be satisfied with respect to the Series 2007 Bonds or Refunding Bonds. (3) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause the Series 2007 Bonds or Refunding Bonds to be determined to be an "arbitrage bond "(as such term is defined in Section 148 of the Code and in applicable Regulations). (4) The Redeveloper will take no action, and will not fail to take an action, the effect of which will be to cause interest on the Series 2007 Bonds or Refunding Bonds to be includable in gross income for federal income tax purposes. Section 3.6. Payment of Authority Costs. The Redeveloper is responsible to pay "Authority Costs," which term means reasonable out -of pocket -costs incurred by the City or Authority for: (i) the Authority's financial advisor in connection with the Authority's financial participation in redevelopment of the Remnant Parcel, including without limitation all costs related to the negotiation and preparation of this Agreement, (ii) the City or Authority's legal counsel in connection with negotiation and drafting of this Agreement and any related agreements or documents, and any legal services related to the Authority's financial participation in redevelopment of the Property; and (iii) any consultants retained by the City and Authority for planning, environmental review, and engineering related to the Minimum Improvements, including the zoning and land use approvals. City and Authority staff costs and costs and expenses shall not be Authority Costs. (b) At any time, but not more often than monthly, the City or Authority may request payment of Authority Costs, and the Developer agrees to pay all Authority Costs within ten days of the City or Authority's written request, supported by suitable billings, receipts or other evidence of the amount and nature of Authority Costs incurred. At Redeveloper's request, but no more often than monthly, the Authority will provide Developer with a written report on current and anticipated expenditures for Authority Costs, including invoices or other comparable evidence. Section 3.7. Business Subsidy. The parties agree and understand that neither the Authority nor the City is providing any assistance to the Redeveloper under this Agreement with respect to the Remnant Parcel, and that therefore this Agreement is not a "business subsidy" under the Business Subsidy Act. (The remainder of this page is intentionally left blank.) 468962v1 MNI CL205 -23 9 108 ARTICLE IV Construction of Minimum Improvements Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Remnant Parcel in accordance with approved Construction Plans, and at all times while Redeveloper owns the Remnant Parcel, will operate, maintain, preserve and keep the respective components of the Minimum Improvements or cause such components to be operated, maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. Before commencing construction of the Minimum Improvements, the Redeveloper shall submit to the Authority Construction Plans. The City's chief building official and community development director will review and approve all Construction Plans on behalf of the Authority, and for the purposes of this Section the term "Authority" means those named officials. The Construction Plans shall provide for the construction of the Minimum Improvements and shall be in conformity with this Agreement, the TIF Plan, and all applicable State and local laws and regulations. The Authority will approve the Construction Plans in writing or by issuance of a permit if (i) the Construction Plans conform to all terms and conditions of this Agreement; (ii) the Construction Plans conform to the goals and objectives of the TIF Plan; (iii) the Construction Plans conform to all applicable federal, state and local laws, ordinances, rules and regulations; (iv) the Construction Plans are adequate to provide for construction of the Minimum Improvements; and (v) there is no uncured Event of Default. No approval by the Authority shall relieve the Redeveloper of the obligation to comply with the terms of this Agreement, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements in accordance therewith. No approval by the Authority shall constitute a waiver of an Event of Default, or waiver of any State or City building or other code requirements that may apply. Within 30 days after receipt of complete Construction Plans and permit applications for the Minimum Improvements, the Authority will deliver to the Redeveloper an initial review letter describing any comments or changes requested by Authority staff. Thereafter, the parties shall negotiate in good faith regarding final approval of Construction Plans for the Minimum Improvements. The Authority's approval shall not be unreasonably withheld or delayed. Said approval shall constitute a conclusive determination that the Construction Plans (and the Minimum Improvements, constructed in accordance with said plans) comply to the Authority's satisfaction with the provisions of this Agreement relating thereto. The Redeveloper hereby waives any and all claims and causes of action whatsoever resulting from the review of the Construction Plans by the Authority and/or any changes in the Construction Plans requested by the Authority, except for any failure by Authority to perform its obligations under this Section. Neither the Authority, the City, nor any employee or official of the Authority or City shall be responsible in any manner whatsoever for any defect in the Construction Plans or in any work done pursuant to the Construction Plans, including changes requested by the Authority. (c) Construction Plan Changes. If the Redeveloper desires to make any material change in the Construction Plans or any component thereof after their approval by the Authority, the 468962v1 MNl CL205 -23 10 109 Redeveloper shall submit the proposed change to the Authority for its approval. For purposes of this Section, the term "material" means changes that increase or decrease construction costs by more than 5% of total construction costs. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Section 4.2 of this Agreement with respect to such previously approved Construction Plans, the Authority shall approve the proposed change and notify the Redeveloper in writing of its approval. Such change in the Construction Plans shall, in any event, be deemed approved by the Authority unless rejected, in whole or in part, by written notice by the Authority to the Redeveloper, setting forth in detail the reasons therefor. Such rejection shall be made as soon as reasonably practicable but in any event within 30 days after receipt of the notice of such change. The Authority's approval of any such change in the Construction Plans will not be unreasonably withheld. Section 4.3. Commencement and Completion of Construction. Subject to Unavoidable Delays, the Redeveloper shall commence construction of the Minimum Improvements by 20—. Subject to Unavoidable Delays, the Redeveloper shall complete the construction of the Minimum Improvements by , 20_. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Remnant Parcel shall be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the Authority. (b) The Redeveloper agrees for itself, its successors, and assigns, and every successor in interest to the Remnant Parcel, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the development of the Remnant Parcel through the construction of the Minimum Improvements thereon, and that such construction shall in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement. After the date of this Agreement and until the Minimum Improvements have been fully leased, the Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the Authority, but no more than monthly, as to the actual progress of the Redeveloper with respect to such construction and leasing. Section 4.4. Certificate of Completion. (a) Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of this Agreement relating solely to the obligations of the Redeveloper to construct the Minimum Improvements (including the dates for completion thereof), the Authority will furnish the Redeveloper with a Certificate of Completion in substantially the form attached as Schedule B. Such certification by the Authority shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in any deed with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the date for the completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. (b) Upon Redeveloper's request, the Authority shall furnish to the Redeveloper a Certificate of Completion for each housing unit upon substantial completion of such unit, as evidenced by issuance of a certificate of occupancy therefor by the responsible inspecting authority. 468962v MNICL205 -23 11 110 (c) Each Certificate of Completion provided for in this Section 4.4 of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Remnant Parcel. If the Authority shall refuse or fail to provide any certification in accordance with the provisions of this Section 4.4 of this Agreement, the Authority shall, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Authority, for the Redeveloper to take or perform in order to obtain such certification. (d) The construction of the Minimum Improvements shall be deemed to be substantially complete for the purposes of this Agreement when the Redeveloper has received a certificate of occupancy from the City for all housing units, and the specified site improvements for the Minimum Improvements have been substantially completed as reasonably determined by the Authority Representative. Section 4.5. Records. The Authority and the City through any authorized representatives, shall have the right at all reasonable times after reasonable notice to inspect, examine and copy all books and records of Redeveloper relating to the Minimum Improvements. Such records shall be kept and maintained by Redeveloper through the Termination Date. (The remainder of this page is intentionally left blank.) 468962v1 MNI CL205 -23 12 111 ARTICLE V Insurance Section 5.1. Insurance. (a) The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements an All Risk Broad Form Basis Insurance Policy and, from time to time during that period, at the request of the Authority, furnish the Authority with proof of payment of premiums on policies covering the following: (i) Builder's risk insurance, written on the so- called "Builder's Risk -- Completed Value Basis," in an amount equal to one hundred percent (100 %) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so- called "all risk" form of policy. The interest of the Authority shall be protected in accordance with a clause in form and content satisfactory to the Authority; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $2,000,000 for each occurrence, and shall be endorsed to show the City and Authority as additional insured (to accomplish the above - required limits, an umbrella excess liability policy may be used); and (iii) Workers' compensation insurance, with statutory coverage. (b) Upon completion of construction of the Minimum Improvements and prior to the Termination Date, the Redeveloper shall maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the Authority shall furnish proof of the payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering such risks as are ordinarily insured against by similar businesses. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $2,000,000 and shall be endorsed to show the City and Authority as additional insureds. (iii) Such other insurance, including workers' compensation insurance respecting all employees of the Redeveloper, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self - insured with respect to all or any part of its liability for workers' compensation. 468962v1 MNICL205 -23 13 112 (c) All insurance required in Article V of this Agreement shall be taken out and maintained in responsible insurance companies selected by the Redeveloper that are authorized under the laws of the State to assume the risks covered thereby. Upon request, the Redeveloper will deposit annually with the Authority a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy shall contain a provision that the insurer shall not cancel nor modify it in such a way as to reduce the coverage provided below the amounts required herein without giving written notice to the Redeveloper and the Authority at least 30 days before the cancellation or modification becomes effective. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper shall deposit with the Authority a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. Any insurance required under this Article may be provided separately by Phase or building. (d) The Redeveloper agrees to notify the Authority immediately in the case of damage exceeding $100,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In such event the Redeveloper will forthwith repair, reconstruct, and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction, and restoration, the Redeveloper will apply the net proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. The Redeveloper shall complete the repair, reconstruction and restoration of the Minimum Improvements, regardless of whether the net proceeds of insurance received by the Redeveloper for such purposes are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs, construction, and restoration shall be the property of the Redeveloper. Section 5.2. Subordination. Notwithstanding anything to the contrary herein, the rights of the Authority with respect to the receipt and application of any insurance proceeds shall, in all respects, be subordinate and subject to the rights of any Holder under a Mortgage allowed pursuant to Article VII of this Agreement. Section 5.3, Qualifications. Notwithstanding anything herein to the contrary, the parties acknowledge and agree that upon transfer of the Remnant Parcel or portion thereof to another person or entity, the Redeveloper will remain obligated under Section 5.1 hereof relating to such portion transferred, unless the Redeveloper is released from such obligations in accordance with the terms and conditions of Section 8.2(b) or 8.3 hereof. 468962v1 MNI CL205 -23 14 113 ARTICLE VI Tax Increment; Taxes Section 6.1. Review of Taxes. The Redeveloper agrees that prior to the Termination Date it will not cause a reduction in the real property taxes paid in respect of the Remnant Parcel through: (A) willful destruction of the Remnant Parcel or any part thereof, or (B) willful refusal to reconstruct damaged or destroyed property pursuant to Section 5.1(d) of this Agreement. The Redeveloper also agrees that it will not, prior to the Termination Date, seek exemption from property tax for the Remnant Parcel or any portion thereof or transfer or permit the transfer of the Remnant Parcel to any entity that is exempt from real property taxes and state law (other than any portion thereof dedicated or conveyed to the City in accordance with platting of the Remnant Parcel), or apply for a deferral of property tax on the Remnant Parcel pursuant to any law. (The remainder of this page is intentionally left blank.) 468962vl MNI CL205 -23 15 114 ARTICLE VII Financing Section 7.1. Mortgage Financing. (a) Before commencement of construction of the Minimum Improvements, the Redeveloper shall submit to the City evidence of one or more commitments for financing which, together with committed equity for such construction, is sufficient for payment of the Minimum Improvements. Such commitments may be submitted as short term financing, long term mortgage financing, a bridge loan with a long term take -out financing commitment, or any combination of the foregoing. (b) If the Authority finds that the financing is sufficiently committed and adequate in amount to pay the costs specified in paragraph (a) then the Authority shall notify the Redeveloper in writing of its approval. Such approval shall not be unreasonably withheld and either approval or rejection shall be given within twenty (20) days from the date when the Authority is provided the evidence of financing. A failure by the Authority to respond to such evidence of financing shall be deemed to constitute an approval hereunder. If the Authority rejects the evidence of financing as inadequate, it shall do so in writing specifying the basis for the rejection. In any event the Redeveloper shall submit adequate evidence of financing within ten (10) days after such rejection. (c) In the event that there occurs a default under any Mortgage authorized pursuant to Section 7.1 of this Agreement, the Redeveloper shall cause the Authority to receive copies of any notice of default received by the Redeveloper from the holder of such Mortgage. Thereafter, the Authority shall have the right, but not the obligation, to cure any such default on behalf of the Redeveloper within such cure periods as are available to the Redeveloper under the Mortgage documents. In the event there is an event of default under this Agreement, the Authority will transmit to the Holder of any Mortgage a copy of any notice of default given by the Authority pursuant to Article IX of this Agreement. (d) In order to facilitate the securing of other financing, the Authority agrees to subordinate its rights under this Agreement provided that such subordination shall be subject to such reasonable terms and conditions as the Authority and Holder mutually agree in writing. Notwithstanding anything to the contrary herein, any subordination agreement must include the provision described in Section 7.1(c). (The remainder of this page is intentionally left blank.) 468962v1 MNl CL205 -23 16 115 ARTICLE VIII Prohibitions Against Assignment and Transfer, Section 8.1. Representation as to Redevelopment The Redeveloper represents and agrees that its purchase of the Remnant Parcel, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Remnant Parcel and not for speculation in land holding. Section 8.2. Prohibition Against Redeveloper's Transfer of Property and Assignment of Agreement. The Redeveloper represents and agrees that until the Termination Date: (a) Except as specifically described in this Agreement, the Redeveloper has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Remnant Parcel or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer "), without the prior written approval of the Authority's board of commissioners. The term "Transfer" does not include (i) encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Redeveloper or any successor in interest to the Remnant Parcel or to construct the Minimum Improvements or component thereof, (ii) any lease, license, easement or similar arrangement entered into in the ordinary course of business related to operation of the Minimum Improvements, (iii) any sale, conveyance, or transfer in any form to any Affiliate of the Redeveloper, or any Affiliate of the Redeveloper's partners, or (iv) any sale, conveyance, or transfer of any partnership interests of the Redeveloper to an Affiliate of the Redeveloper or its partners. (b) If the Redeveloper seeks to effect a Transfer, the Authority shall be entitled to require as conditions to such Transfer that: (1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Authority, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Redeveloper as to the portion of the Remnant Parcel to be transferred; and (2) Any proposed transferee, by instrument in writing satisfactory to the Authority, shall, for itself and its successors and assigns, and expressly for the benefit of the Authority, have expressly assumed all of the obligations of the Redeveloper under this Agreement as to the portion of the Remnant Parcel to be transferred and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Remnant Parcel, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Authority) deprive the Authority of any rights or remedies or controls with respect to the Remnant Parcel, the Minimum Improvements or any part thereof or the construction of the 4689620 MNI CL205 -23 17 116 Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Remnant Parcel or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Authority of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Remnant Parcel that the Authority would have had, had there been no such transfer or change. In the absence of specific written agreement by the Authority to the contrary, no such transfer or approval by the Authority thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the Remnant Parcel, from any of its obligations with respect thereto. (3) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Remnant Parcel governed by this Article VIII, shall be in a form reasonably satisfactory to the Authority. (c) If the conditions described in paragraph (b) are satisfied, then the Transfer will be approved and the Redeveloper shall be released from its obligation under this Agreement, as to the portion of the Remnant Parcel that is transferred, assigned, or otherwise conveyed, unless the parties mutually agree otherwise. The Authority will review and respond to a request for Transfer within 45 days after receipt of a written request. Notwithstanding anything to the contrary herein, any Transfer that releases the Redeveloper from its obligations under this Agreement (or any portion thereof) shall be approved by the Authority's board of commissioners. If the Redeveloper remains fully bound under this Agreement notwithstanding the Transfer, as documented in the transfer instrument, the Transfer may be approved by the Authority Representative. The provisions of this paragraph (c) apply to all subsequent transferors. Section 8.3. Release and Indemnification Covenants. (a) The Redeveloper releases from and covenants and agrees that the Authority and the City and the governing body members, officers, agents, servants and employees thereof shall not be liable for and agrees to indemnify and hold harmless the Authority and the City and the governing body members, officers, agents, servants and employees thereof against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Minimum Improvements. (b) Except for willful or negligent misrepresentation, misconduct or negligence of the Indemnified Parties (as hereafter defined), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Redeveloper agrees to protect and defend the Authority and the City and the governing body members, officers, agents, servants and employees thereof (the "Indemnified Parties "), now or forever, and further agrees to hold the Indemnified Parties harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Minimum Improvements. 468962v1 MNl CL205 -23 18 117 (c) Except for any negligence of the Indemnified Parties (as defined in clause (b) above), and except for any breach by any of the Indemnified Parties of their obligations under this Agreement, the Indemnified Parties shall not be liable for any damage or injury to the persons or property of the Redeveloper or its officers, agents, servants or employees or any other person who may be about the Minimum Improvements due to any act of negligence of any person. (d) All covenants, stipulations, promises, agreements and obligations of the Authority contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the Authority in the individual capacity thereof. (The remainder of this page is intentionally left blank.) 4689620 MNI CL205 -23 19 118 ARTICLE IX Events of Default Section 9.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events, after the non - defaulting party provides 30 days written notice to the defaulting party of the event, but only if the event has not been cured within said 30 days or, if the event is by its nature incurable within 30 days, the defaulting party does not, within such 30 -day period, provide assurances reasonably satisfactory to the party providing notice of default that the event will be cured and will be cured as soon as reasonably possible: (a) Failure by the Redeveloper or the Authority to observe or perform any covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement or the Planning Contract; (b) The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act or under any similar federal or State law; or (ii) makes an assignment for benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; (iv) is adjudicated a bankrupt or insolvent. Section 9.2. Remedies on Default. (a) Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the non - defaulting party may exercise its rights under this Section 9.2 after providing thirty days written notice to the defaulting party of the Event of Default, but only if the Event of Default has not been cured within said thirty days or, if the Event of Default is by its nature incurable within thirty days, the defaulting party does not provide assurances reasonably satisfactory to the non - defaulting party that the Event of Default will be cured and will be cured as soon as reasonably possible: Take whatever action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. Section 9.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Authority or Redeveloper is intended to 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 this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or 468962v] MN] CL205 -23 20 119 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 Authority to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required in this Article IX. Section 9.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, 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. Any partner of the Redeveloper shall have the right, but not the obligation, to cure any Event of Default under this Agreement, and the Authority and /or City shall accept such cure. (The remainder of this page is intentionally left blank.) 468962v1 MN] CL205 -23 21 120 ARTICLE X Additional Provisions Section 10.1. Conflict of Interests, and City Representatives Not Individually Liable. The Authority, the City, and the Redeveloper, to the best of their respective knowledge, represent and agree that no member, official, or employee of the Authority or City shall have any personal interest, direct or indirect, in the Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the Authority or City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the Authority or City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all applicable federal, state and local equal employment and non - discrimination laws and regulations. Section 10.3. Restrictions on Use. The Redeveloper agrees that until the Termination Date, the Redeveloper, and any successors and assigns, shall devote the Remnant Parcel to the operation of the Minimum Improvements for uses described in the definition of such term in this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the lease or rental or in the use or occupancy of the Remnant Parcel or any improvements erected or to be erected thereon, or any part thereof. Section 10.4. Provisions Not Merged With Deed. None of the provisions of this Agreement are intended to or shall be merged by reason of any deed transferring any interest in the Remnant Parcel and any such deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. Section 10.5. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 10.6. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (a) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at 2905 Northwest Boulevard, Suite 150, Plymouth, MN 55441 -2644, Attention: ; with a copy to: 468962vl MNI CL205 -23 22 121 Winthrop & Weinstine 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 Attn: John D Nolde (b) in the case of the Authority or City, is addressed to or delivered personally at 590 40th Avenue NE, Columbia Heights, Minnesota 55421, Attn: Executive Director /City Manager; or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 10.7. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 10.8. Recording. The Authority may record this Agreement and any amendments thereto with the Anoka County recorder. The Redeveloper shall pay all costs for recording. Section 10.9. Amendment. This Agreement may be amended only by written agreement approved by the Authority and the Redeveloper. Section 10.10. Authority or CityApprovals. Unless otherwise specified, any approval required by the Authority under this Agreement may be given by the Authority Representative, and any approval required by the City under this Agreement may be given by the City Representative. Section 10.11. Termination. This Agreement terminates on the Termination Date, except that termination of the Agreement does not terminate, limit or affect the rights of any party that arise before the Termination Date. 468962v] MNI CL205 -23 23 122 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2015, by and Walter R. Fehst, the President and Executive Director of the Columbia Heights Economic Development Authority, a public body politic and corporate, on behalf of the Authority. Notary Public 468962v1 MNI CL205 -23 S -1 123 CITY OF COLUMBIA HEIGHTS By Its Mayor By Its City Manager STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 2015, by Gary Peterson and Walter R. Fehst, the Mayor and City Manager of the City of Columbia Heights, a Minnesota municipal corporation, on behalf of the City. Notary Public 468962v1 MNI CL205 -23 S -2 124 COLUMBIA HEIGHTS ASSOCIATES II, LLLP, Liablity Limited Partnership LEASED HOUSING a Minnesota Limited By: Columbia Heights Leased Housing Associates II, LLC Its General Partner LM STATE OF MINNESOTA ) } SS. COUNTY OF HENNEPIN ) Its Senior Vice President The foregoing instrument was acknowledged before me this day of , 2015 by , the Senior Vice President of Columbia Heights Leased Housing Associates II LLC, a Minnesota limited liability company, the General Partner of Columbia Heights Leased Housing Associates II, LLLP, a Minnesota limited liability limited partnership, on behalf of the partnership. Notary Public 468962v1 MN] CL205 -23 S -3 125 SCHEDULE A REMNANT PARCEL Outlot B, Huset Park Anoka County, Minnesota Torrens Property Torrens Certificate No. 119344 468962v] MN1CL205 -23 A-1 126 SCHEDULE B FORM OF CERTIFICATE OF COMPLETION (The remainder of this page is intentionally left blank.) 468962v1 MNICL205 -23 B -1 127 CERTIFICATE OF COMPLETION WHEREAS, the Columbia Heights Economic Development Authority (the "Authority "), the City of Columbia Heights (the "City ") and Columbia Heights Leased Housing Associates II, LLLP ( "Redeveloper ") entered into a certain Second Amended and Restated Contract for Private Redevelopment dated , 2015 ( "Contract "); and WHEREAS, the Contract contains certain covenants and restrictions set forth in Articles III and IV thereof related to completing certain Minimum Improvements; and WHEREAS, the Redeveloper has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Authority to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all construction and other physical improvements related to the Minimum Improvements specified to be done and made by the Redeveloper have been completed and the agreements and covenants in Articles III and IV of the Contract have been performed by the Redeveloper, and this Certificate is intended to be a conclusive determination of the satisfactory termination of the covenants and conditions of Articles III and IV of the Contract related to completion of the Minimum Improvements, but any other covenants in the Contract shall remain in full force and effect. (Signature page follows.) 468962v1 MNI CL205 -23 128 Dated: , 20 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY Lo STATE OF MINNESOTA ) SS. COUNTY OF ANOKA ) Authority Representative The foregoing instrument was acknowledged before me this day of , 20 by , the of the Columbia Heights Economic Development Authority, on behalf of the Authority. Notary Public This document drafted by: Kennedy & Graven, Chartered (MNI) 470 U.S. Bank Plaza Minneapolis, MN 55402 468962v1 MNICL205 -23 129 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7D MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: AUTHORIZATION TO SEEK BIDS FOR 2016 -2017 DUTCH ELM, OAK WILT, EMERALD ASH BORER DISEASED TREE AND HAZARDOUS TREE REMOVAL PROGRAM DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: R� BY /DATE: Kevin Hansen / October 12, 2015 BY /DATE: BACKGROUND: Staff requests authorization to seek bids for the 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. This is an ongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, the contract covers a two -year period and may be extended one year. The current contract ends December 31, 2015. Funding for tree removal comes from the General Fund for trees on public right -of -ways or land. Funding for privately owned diseased trees is funded 25% by the General Fund with property owners paying the other 75 %. In 2015 the City's tree contractor removed 247 trees; 196 public and 51 private. STAFF RECOMMENDATION: Staff recommends continuing the Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal program and requests authorization to seek bids for 2016 -2017. RECOMMENDED MOTION(S): Move to authorize staff to seek bids for the 2016 -2017 Dutch Elm, Oak Wilt, Emerald Ash Borer Diseased Tree and Hazardous Tree Removal Program. 130 CH I COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7E MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: APPROVE FINAL COMPENSATING CHANGE ORDER AND FINAL PAYMENT FOR SPLASH PAD, PROJECT 1512 DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: n BY /DATE: Kevin Hansen / October 6, 2015 BY /DATE: BACKGROUND: On June 22, 2015, the City Council awarded the contract for construction of the Huset Park splash pad to Odesa II, LLC. The construction consisted of: • Removals and erosion control • Site grading • Excavating to provide three feet of granular soil under the splash pad. • Installation of storm sewer throughout the site, connecting to an existing storm manhole at the south west edge of the property. • Installation of plumbing and feed lines to the new equipment • Installation of concrete sidewalk and colored walk in the equipment area. • Installation of owner supplied equipment • Add- Alternates described as: 1. Site landscaping 2. Seat wall, and 3. Accelerated construction completion date from the end of October to the end of August. All contract work has been completed. ANALYSIS /CONCLUSIONS: The change order modifies the contract to include quantities in addition to the original contract due to ordered work, field changes and unknown conditions. The final compensating change order (attached) is for installing a floor drain and pouring the concrete floor in the mechanical building, moving an Xcel power line that was in the way of the new splash pad, prepare an extra sample colored concrete slab based on a request from the Park and Recreation Commission, and using higher strength concrete for the footings for the two shade structures based on the building official's directive. Additions to the contract were negotiated based on the contractor's time and needed materials. Staff recommends approval of the compensating change order and final payment to Odesa II, LLC and acceptance of the work. A copy of the change order and the Engineer's Report of Fina_I Acceptance is attached. RECOMMENDED MOTION(S): Move to approve the final compensating change order and accept the work for the Huset Park Splash Pad, City Project No. 1512; and to authorize final payment of $15,816.50 to Odesa II, LLC of Sauk Rapids, Minnesota. ATTACHMENTS: Change Order Engineer's Report of Final Acceptance 131 CHANGE ORDER FORM CAP701 To: City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 From: ODESA it 9003 Mayhew Lake Road NE Sauk Rapids, MN 56379 Original Contract Sum: Previous Change Orders Contract Sum: Value of this Change Order: New Contract Sum: $248,930.00 $0.00 $248,930.00 $3,370-00 $252,300.00 Chancre Order Number: Chancre Order Date: Z 1 010512015 Architect's Project Number: Contract for: Contract Date: 7/13/2015 Our Project Code: 2015_12 Project: Huset Park Splash Pad Columbia Heights, MN 55421 DISTRIBUTE TO: Owner Contractor _ Other Architect Field Construction Manager The Contract Completion date will change by: The expected completion date will be: 10/01/2015 The Contract is Changed as follows; Drain and installation $95.00 Building, grade and form concrete floor, 2 yds concrete pout and finish $575.00 Excavate, lower power line $1500.00 Extra sample slab $950.00 5000 lb footing for shade structures $250.00 Architect Contractor Stantec Consulting Services ODESA II 9003 Mayhew Lake Road NE Sauk Rapids, MN 56379 Signature Signature Date Date Owner City of Columbia Heights 637 38th Avenue NE Columbia Heights, MN 55421 Signature Date 132 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE HUSET PARK SPLASH PAD CITY PROJECT NUMBER 1512 October 7, 2015 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Odessa II, LLC. The work consisted of Site preparation and Splash pad construction. The City Council also accepted the alternates for Site landscaping, Seat wall, and Accelerated construction completion from end of October to end of August. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $248,930.00 CHANGE ORDERS (Final Compensating) $ 3,370.00 FINAL CONTRACT AMOUNT $252,300.00 FINAL WORK APPROVED $ 252,300.00 ALL PRIOR PAYMENTS ($ 236,483.50) BALANCE DUE $ 15,816.50 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 133 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7F MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: FINAL PAYMENT FOR ZONE 7A SEAL COAT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / October 6, 2015 BY /DATE: BACKGROUND: The contractor has completed the 2015 Seal Coat project. This program consisted of applying an asphalt emulsion and cover aggregate on bituminous streets in Zone 7A. These included the local streets between University Avenue and Central Avenue from 37th Avenue to 40th Avenue, with the exception of Summit Street between 5th Street and 40th Avenue, which was part of the 2012 Street Rehabilitation program and Lookout Place south of Proft Place which was part of the Huset Townhome redevelopment. STAFF RECOMMENDATION: Approximately 45% of the seal coat is being funded through assessments and 55% is being paid for by the infrastructure fund. (The first seal coat after Street Rehabilitation is paid for by the City.) Staff recommends final payment to the contractor, as work has been completed in accordance with the contract documents. RECOMMENDED MOTION(S): Move to accept the work for 2015 Seal Coat, City Project No. 1301, and authorize final payment of $35,285.61 to Allied Blacktop Company of Maple Grove, Minnesota. ATTACHMENTS: Engineer's Report of Final Acceptance 134 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2015 STREET SEAL COAT PROJECT ZONE 7A CITY PROJECT NUMBER 1301 October 6, 2015 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Allied Blacktop Company. The work consisted of bituminous seal coat application of local streets in Zone 7A. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $44,835.00 CHANGE ORDERS 0.00 FINAL CONTRACT AMOUNT $44,835.00 FINAL WORK APPROVED $44,040.51 ALL PRIOR PAYMENTS ($ 8,754.90) BALANCE DUE $35,285.61 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 135 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7G MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2015 -80 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR MSAS OVERLAY DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: j 9 BY /DATE: Kevin Hansen / October 6, 2015 fr. BY /DATE: BACKGROUND: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of the proposed improvement. STAFF RECOMMENDATION: The attached resolution calls for the City Engineer to prepare the required report for State Aid Street segments located in various locations throughout the City. A public improvement hearing will need to be held for MSAS Streets following completion and acceptance of the feasibility report. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2015 -80, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2015 -80, being a Resolution ordering preparation of a feasibility report for MSAS Overlay, Project 1605. ATTACHMENT(S): Resolution 2015 -80 136 RESOLUTION NO. 2015 -80 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate select state aid streets in the city that have not been rehabilitated under the street program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1605 STATE AID STREET OVERLAY PROGRAM Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. ORDER OF COUNCIL Passed this 12th day of October, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 137 CH I COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7H MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ADOPT RESOLUTION 2015 -82 BEING A RESOLUTION ORDERING PREPARATION OF A REPORT FOR ZONE 713 SEAL COAT DEPARTMENT: Public Works CITY MANAGER'S APPROVAL:�� BY /DATE: Kevin Hansen / October 6, 2015 BY /DATE: BACKGROUND: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of the proposed improvement. STAFF RECOMMENDATION: The attached resolution calls for the City Engineer to prepare the required report for the Zone 7B Street Seal Coat Program. Zone 7B seal coat streets include local streets located west of University Avenue. In accordance with City policy, streets rehabilitated as part of the 2006 and 2012 programs will not be assessed for seal coat. A public improvement hearing will need to be held for Zone 713 following completion and acceptance of the feasibility report. The bidding process will be administered by the City of Coon Rapids as part of a multi -city JPA for various street maintenance activities. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2015 -82, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2015 -82, being a Resolution ordering preparation of a feasibility report for Zone 713 Street Seal Coat Program, Project 1501. ATTACHMENT(S): Resolution 2015 -82 138 RESOLUTION NO. 2015 -82 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zones 7B that have not been rehabilitated under the street program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 1501 ZONE 7113 SEAL COAT Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. ORDER OF COUNCIL Passed this 12th day of October, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 139 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 71 MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER I ITEM: I ONES 2 RESOLUTION 2015-79 BEING A STREET REHABILITATIONESOLUTION ORDERING PREPARATION OF A REPORT FOR I DEPARTMENT: Public Works CITY MANAGER'S APPR V L:�� BY /DATE: Kevin Hansen / October 6, 2015 BY /DATE: BACKGROUND: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost - effectiveness, and feasibility of the proposed improvement. STAFF RECOMMENDATION: The attached resolution calls for the City Engineer to prepare the required report for the Zone 2 and Zone 3 Street Rehabilitation Program. Zone 2 is generally described as east of Reservoir Boulevard from 37th Avenue to 45th Avenue and Zone 3 is generally described as east of Central Avenue and north of 47th Avenue, Central Avenue to Johnson Street and north of 45th Avenue, Reservoir Boulevard to Stinson Boulevard —as shown on the attached map. A public improvement hearing will need to be held for Zone 2 and Zone 3 following completion and acceptance of the feasibility report. RECOMMENDED MOTION(S): Move to waive the reading of Resolution 2015 -79, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution 2015 -79, being a Resolution ordering preparation of a feasibility report for Zones 2 and 3 Street Rehabilitation, Project 1602. ATTACHMENT(S): Resolution 2015 -79 Map 140 RESOLUTION NO. 2015 -79 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zones 2 and 3 that have not been rehabilitated under the street program, and Whereas, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 10313.201 to 103B.251, as follows: 1602 ZONES 2 AND 3 STREET REHABILITATION PROGRAM Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT That the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study, and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, the estimated cost of the improvement as recommended and a description of the methodology used to calculate individual assessments for affected parcels. ORDER OF COUNCIL Passed this 12th day of October, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 141 -Ig0 H _V W 2 Q m O D J o V V W U Z M Q Z Z wQ F- Z N U) W W Z Lu wN U) IT"TWI2Id d0 UIJ i A F w z Y W h u /A — U Q = zc ° x O o m cu i5 c: a) Y o IL C o ZE >co L 2 O Q N d' > d U J U U o � awC7 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT ITEM NO. 7J MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: ACCEPT BIDS AND AWARD CONTRACT FOR LIBRARY FIBER OPTIC DEPARTMENT: Public Works CITY MANAGER'S APPROVAL: BY /DATE: Kevin Hansen / October 6, 2015 BY /DATE: S BACKGROUND: Awarded contracts for the new City Library include CP -1 and CP -2, and site utilities. As indicated in the Preliminary and Design Development stages, connecting to the City of Columbia Heights' network system would require an extension of an underground fiber optic line to the new building. The City's IS Director took the lead on this portion of the work establishing the parameters for the technical aspects of the fiber optic line and connections at each end. STAFF RECOMMENDATION: Three bids were received for the installation of a fiber optic line from the Public Safety building providing a connection to the City's network for phone, computer, and internet service. The three bids are as follows: 1. Telcom Construction: $24,953 to run three 1.25" pipes with a 36- strand fiber in one of them; three handholes; all terminations included. 2. T -Ray Construction: $43,638 to run two 1.25" pipes with 36- strand fiber in one of them; four handholes; termination not included per email from the rep: "We do not provide services for fiber termination, patch panels or rack mounting. " Anoka County: Zayo will charge $38,000 to relocate the County fiber connection from the existing library to the new library. In this scenario, fiber is a part of Anoka County fiber network; in scenarios 1 and 2 it is our own. Based on the bids received, IS and Public Works staff recommend award of contract to Telecom Construction, Inc. in the amount of $24,953. RECOMMENDED MOTION(S): Move to accept bids and award Fiber Optic for the new Library, City Project No. 1410, to Telcom Construction, Inc. based upon their low, qualified, responsible bid in the amount of $24,953 from Fund 450 - 51410 -5185; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 143 CH COLUMBIA HEIGHTS AGENDA SECTION CONSENT AGENDA ITEM NO. 7K MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: LICENSE AGENDA DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /Date: October 7, 2015 BY /Date: BACKGROUND /ANALYSIS Attached is the business license agenda for the October 12, 2015 Council meeting. This agenda consists of applications for 2015 Contractor Licenses, Peddler Licenses for the Explorers, the Wine /Beer License for Noodles & Co for 2015 & 2016, and other various 2016 Business Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for October 12, 2015 as presented. 144 Oct 12, 2015 lic agenda City of Columbia Heights - Council Letter TO CITY COUNCIL October 12, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG *Major Mechanical *Nadeer Construction *Kasper Plumbing Inc Good News Htg & AC *Weld & Sons Plumb Big Daddy's Plumbing *Ebert Construction *Plumbing Czars Fire Explorers 11201 86th Ave No, Maple Grove 8465 Kentucky Crt N, Brooklyn Pk 1735 Wood Duck Ln, Owatonna 451 Babcock Cir, Delano 3410 Kilmer Ln N, Plymouth 1906 Bayview Dr. Albert Lea 23350 Co Rd 10, Corcoran 6987 Hickory Dr, Fridley PEDDLER LICENSES FUEL DISPENSING LICENSE -2016 *Columbia Hts Rental 3701 Central Ave, Col. Hts $60 $60 $60 $60 $60 $60 $60 $60 Fees waived $50 Page 2 CIGARETTE SALES -2016 *3 Municipal Liquor Stores 4950 Central, 2105 37'i' Ave, 5225 Univ. Fees waived MOTOR VEHICLE RENTAL -2016 *Columbia Hts Rental 3701 Central Ave, Col. Hts WINEBEER LICENSE 2015 -2016 *Noodles & Co. 5220 Central Ave, Col. 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I DEPARTMENT: Community Development I CITY MANAGER'S APPROVAL: ,, //� ,r- I I BY /DATE: Elizabeth Holmbeck, October 7, 2015 J BY /DATE: /„ I BACKGROUND: Harry Eiss on behalf of Autos Online is requesting a Conditional Use Permit per Code Section 9.106 (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial establishment for the property located at 4457 Central Avenue NE. Autos Online recently purchased the building and has refaced the existing pylon sign and repainted and replaced signage on the building. The applicant is proposing to add an LED component above the existing pylon sign. A rendering of the proposed sign, which includes dimensions, is attached for review. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. The property is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the types of uses guided for this zoning district. RECOMMENDATION: The application came before the Planning and Zoning Commission on October 6th, 2015. There were two residents and one neighboring business owner, present at the meeting that had concerns that the sign's LED components would disturb the neighborhood. The proposed sign would be located on Central Avenue which is the City's main commercial corridor. However, the proposed sign would also be located across the street from a handful of residential properties. The primary concern was that the sign's illumination and capability to move or change message, would be a nuisance to the surrounding residential properties. The Planning and Zoning Commission recommended that the City Council approve the application for the Conditional Use Permit. However, they added a condition on the permit that would prohibit the sign to be lit after regular business hours. The applicant explained that the business is open from 8:00am to 6:00pm Monday through Saturday, and closed on Sundays. Below are the recommended conditions. 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 4457 Central Avenue NE. 154 City of Columbia Heights - Council Letter Page 2 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour- and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 9. The sign can only be lit during business hours. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2015 -70, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2015 -70, being a resolution approving a Conditional Use Permit, for the property located at 4457 Central Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. ATTACHMENTS: Resolution 2015 -70 Planning Report 155 City of Columbia Heights - Council Letter Location Map Application Applicant's Narrative Sign Rendering U-11 Page 3 RESOLUTION NO. 2015 -70 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015 -1001) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. RESOLUTION -CUP 157 City of Columbia Heights - Council Resolution Page 2 (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use Permit the City and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). 158 City of Columbia Heights - Council Resolution 9. The sign can only be lit during business hours. ORDER OF COUNCIL Passed this 12`h day of October, 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Attest: Katie Bruno, City Clerk /Council Secretary 159 Page 3 �N . COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2015 -1001 DATE: September 24, 2015 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Harry Eiss, Autos Online DEVELOPMENT: Auto Repair Shop LOCATION: 4457 Central Avenue NE. REQUEST: Conditional Use Permit -LED Sign PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION At this time, Harry Eiss on behalf of Autos Online is requesting a Conditional Use Permit per Code Section 9.106 (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial establishment for the property located at 4457 Central Avenue NE. Autos Online recently purchased the building and has refaced the existing pylon sign and repainted and replaced signage on the building. The applicant is requesting to add an additional LED component to the existing pylon sign to allow the business to display business related advertising. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, "digital ink" or any other method or technology that allows the sign face to present a series of images or displays. ZONING ORDINANCE The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. Autos Online has recently refaced the existing pylon sign on the property and is proposing to add an LED component above the existing sign. A rendering of the proposed sign, which includes dimensions, is attached for review. 4457 Central Avenue 160 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 2 COMPREHENSIVE PLAN The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the types of uses guided for this zoning district. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft /neutral shades and dark /rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time /temperature signs. a`s City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report ` Page 3 Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign and the surrounding zoning districts are primarily commercial, the addition of an LED component to the existing pylon sign is not likely to change the overall character of the surrounding area. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Dynamic LED signs are specifically listed as a Conditional Use in the GB, General Business Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial uses. The use is consistent with the intent of the Comprehensive Plan as the sign is proposed for a commercial establishment. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in any additional noise and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City's Zoning Code outlines specific development standards that address the operation of dynamic LED signs. (d) The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of an LED sign at 4457 Central Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. 162 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 4 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The use of a dynamic LED sign at this location is not anticipated to affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The dynamic LED sign will have to adhere to specific development standards. It is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the Conditional Use Permit for the proposed dynamic LED sign for Autos Online, located at 4457 Central Avenue NE, Motion: Move to close the public hearing and waive the reading of Resolution 2015 -70, there being ample copies available to the public. Motion: The Planning and Zoning Commission recommends that the City Council approve the Resolution No. 2015 -70 for a Conditional Use Permit for a proposed dynamic LED sign for Autos Online located at 4457 Central Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses, except one for which changes are necessary to correct hour - and - minute, date, or temperature information. 163 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 5 I A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and /or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one -half hour before sunset and one half -hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non - conforming sign subject to § 9.105(E). ATTACHMENTS Resolution No. 2015 -70 Application Applicant's Narrative Location Map Sign Rendering 164 0 A A1;1, t.cft 14457 Central Avenue NE. W N- w a m z r x -,�. �:.•, rte,- ,_- :,,.:��:� W z c Q o�c Z W U 4522 451& 4510 T 0 Q 45TH AVE NE r- y z m 4521 4517 4511 i 4507 a Ln am 4501 V to rn Ln rn L 1.1200 rn 165 CITY OF COLUMBIA HEIGHTS CONDITIONAL CASE APPLICATION To be filled out by City. CASE NO.: 201 c� - 1001 APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: (�5, E PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: G)'61 I DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS/LOCATION.- f 6 J }7 ( -,4, t -- A Vr IJ f. LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): L c f v r `r TO L:A � PRESENT USE OF PROPERTY: r Zj I C ; L (A �. . PROPOSED USE OF PROPERTY. AU 10 1E- Fh REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT k.i - 1 a rf�E->(PK{S L,.L.b PHONE (�t�" 9L 1' %3.C, FAX E -MAIL ADDRESS k L� ��.`�l'ii�tl.7CSfJjJtbJ� �1n ;''i PAGER — CELL # CITY i_J� /�(, Ij STATE i jl ZIP FEE OWNER OF PROPERTY ADDRESS��4rl�(dt.� F J�:f ( PHONE 1 C FAX 7 6 °5? "5- CITY �G,G� P 1 t tj($ VL;,,V STATE ZIP 1'x'1/✓ c ✓S`�'�P Page 1 of 2 166 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee CITY RECEIPT NUMBER CQ Z 2C1 Cn TOTAL AMOUNT RECEIVED $ 220f� DATE RECEIVED q 1 g l Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: SIGNATURE PROPERTY OWNER SIGNATURE (If different from Applicant) i 7Ckbe4-tom, 1 mb eC V— C_AAN `� 1 cj(-�r\ VMUNITY DEVELOPMENT STAFF MEMBE AND TITLE Revised: 2006 C P <S DA 7 E DATE 91.'s L5 DATE Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 167 SIGNAGE UPDATE PROPOSAL The property use will stay the same. The Car X franchise has been dropped. The signage needs to be updated to reflect the new name of the business. The previous sign had changeable plastic letters that had to be manually changed which had a greater risk of employee or public injury. The new LED sign will be remotely controlled, eliminating the risk of injury. Plus, the change to LED will bring the signage up to the most current technology available. The new sign will conform to all existing provisions of the ordinance. 168 a ul CL 0 Ix CL CD Z x ui .r.. 0 uj C4 Li: a U Lit J W F= LLB. a) x N W M� CN COLUMBIA HEIGHTS AGENDA SECTION PUBLIC HEARING ITEM NO. 813 MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve a Variance for the property located at 4457 Central Avenue NE. DEPARTMENT: Community Development CITY MANAGER'S APPRO AL: BY /DATE: Elizabeth Holmbeck, October 7, 2015 BY /DATE: �, 5 BACKGROUND: At this time, Harry Eiss representing Autos Online is requesting a Variance to allow for the installation of additional signage at the property located at 4457 Central Avenue NE. The property was the former Car X Auto Shop and has recently been purchased by Autos Online. The existing signage on the property has been replaced to reflect new ownership of the property. The applicant is requesting to add an additional dynamic LED component to the existing pylon sign. With the proposed additional square footage, the sign would exceed the maximum allowed square footage for a pylon sign on the property. The existing pylon sign is located on the northwest corner of the property and is 72 Sq. Ft. in size. The applicant is proposing to add an additional 18 Sq. ft. to the top of the exiting sign with a new total of 90 sq. ft. in size. With the additional square footage, the sign would exceed the maximum allowed square footage of 75 sq. ft., by 15 sq. ft. According to the City's Zoning Code, pylon signs have a maximum permitted height of 25 ft. The proposed sign would meet this requirement, as it would be 22 ft. tall. A rendering of the proposed sign, which includes dimensions, is attached for review. The property is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the types of uses guided for this zoning district. The application came before the Planning and Zoning Commission on October 6th, 2015. The Planning Commission voted unanimously to not recommend for the Variance for the sign at 4457 Central Avenue NE. Several neighbors also voiced concern about the proposed size of the sign face. The Planning and Zoning Commission had concerns that the Variance request was not consistent with the City's Design Guidelines. RECOMMENDATION The Planning and Zoning Commission recommends that the City Council move to deny this variance request. (if the City Council chooses to approve the variance request, Resolution 2015 -71 must be adopted. A copy of this draft Resolution is attached for your reference.) RECOMMENDED MOTION(S): Motion: Move to close the public hearing and to deny the following request: Waiver to Section 9.106 (P) (13) (2)- allowing a pylon sign in the General Business Zoning District to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. 4457 Central Avenue NE. 1-7n City of Columbia Heights - Council Letter ATTACHMENTS: Resolution 2015 -71 Planning Report Location Map Application Applicant's Narrative Sign Rendering Page 2 i --I t RESOLUTION NO. 2015 -71 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Variance from certain conditions of the City of Columbia Heights Zoning Code for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015 -1002) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Waiver to Section 9.106 (13) (a) (2), to allow a pylon sign to exceed the maximum allowable square footage of 75 sq. ft. The proposed sign will exceed by 15 sq. ft. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Variance and approval; and in granting this Variance the City and the applicant agree that this Variance shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the Variance. RESOLUTION - Variance 172 City of Columbia Heights - Council Resolution Passed this 12th day of October, 2015 Offered by: Seconded by: Roll Call: Attest: Katie Bruno, City Clerk /Council Secretary ORDER OF COUNCIL Gary L. Peterson, Mayor 173 Page 2 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2015 -1002 DATE: September 24, 2015 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Harry Eiss, Autos Online DEVELOPMENT: Auto Repair Shop LOCATION: 4457 Central Avenue NE. REQUEST: Sign Variance PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION At this time, Harry Eiss representing Autos Online is requesting a Variance to allow for the installation of additional signage at the property located at 4457 Central Avenue NE. The property was the former Car X Auto Shop and has recently been purchased by Autos Online. The existing signage on the property has been replaced to reflect new ownership of the property. The applicant is requesting to add an additional dynamic LED component to the existing pylon sign. With the proposed additional square footage, the sign would exceed the maximum allowed square footage for a pylon sign on the property. The existing pylon sign is located on the northwest corner of the property and is 72 Sq. Ft. in size. The applicant is proposing to add an additional 18 Sq. ft. to the top of the exiting sign with a new total of 90 sq. ft. in size. With the additional square footage, the sign would exceed the maximum allowed square footage of 75 sq. ft., by 15 sq. ft. According to the City's Zoning Code, pylon signs have a maximum permitted height of 25 ft. The proposed sign would meet this requirement, as it would be 22 ft. tall. A rendering of the proposed sign, which includes dimensions, is attached for review. ZONING ORDINANCE The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. 4457 Central Avenue NE. 174 City of Columbia Heights Planning and Zoning Commission October 6t'' 2015 Planning Report Page 2 COMPREHENSIVE PLAN The Comprehensive Plan designates this zoning district for commercial uses. The proposed sign is consistent with the types of use guided for this zoning district. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building's architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building, Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft /neutral shades and dark /rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time /temperature signs. 175 City of Columbia Heights Planning and Zoning Commission October 6ch 2015 Planning Report Page 3 Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. According to the City's Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign and the surrounding zoning districts are primarily commercial, the addition of an LED component to the existing pylon sign is not likely to change the overall character of the surrounding area. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the Zoning Ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the Zoning Ordinance. According to the applicant's narrative, since the building was constructed, MNDOT has replaced the traffic signals at the intersection directly out front of the business. The traffic signal is located next to the existing pylon sign. The applicant further claims, that the current traffic signal location obstructs the view of the pylon sign from potential customers. To comply with provisions of the Zoning Ordinance, the applicant would have to either decrease the size of the proposed sign or remove the existing signage and replace with code compliant signage. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. According to the applicant, the main issue is not having adequate visibility on Central Avenue due to the location of the traffic signal. To clear the traffic signal, the dynamic LED sign portion is being proposed on the top of the existing pylon sign. c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. According to the applicant, the difficulty arises from the location of the sign along Central Avenue and visibility issues associated with the location of the traffic signals. d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 176 City of Columbia Heights Planning and Zoning Commission October 6th 2015 Planning Report Page 4 The Comprehensive Plan designates this area for commercial uses. Being that Autos Online is a commercial use, the variance request is consistent with the types of uses guided for this area. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting the variance to allow the sign to exceed the maximum allowable squore footage is not anticipated to negatively affect the neighboring properties. RECOMMENDATION In the case of a variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions below. Motion: Move to close the public hearing and waive the reading of Resolution 2015 -71, there being ample copies available to the public. Motion: The Planning and Zoning Commission recommends that the City Council approve the Resolution No. 2015 -71 approving a Variance for the sign located at 4457 Central Avenue NE., I. Waiver to Section 9.106 (P) (13) (2)- allowing a pylon sign in the General Business Zoning District to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. ATTACHMENTS Resolution No. 2015 -71 Application Applicant's Narrative Location Map Sign Rendering 177 A; ORA 4457 .venue NE. 4457 4449 4447 4445 4442 ICE 4437 4438 Uj 4434 z 44J 5 443 7 443 4 4429 P4428 U 1 4425 1 4422 4421 _j 4417 4416 4522 2 1 45 1 f 4518 451 451 f) 451, Ln 4507 4501 45TH AVE IVE to rn Lr cr) Scal 1.1200 178 CITY OF COLUMBIA HEIGHTS VARIANCE APPLICATION To be filled out by City. CASE NO.: APPLICABLE ORDINANCE NO.. 9.104 (G) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION To be filled out by Applicant: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: PROPOSED NAME OF DEVELOPMENT:IL�jL� PROJECT ADDRESS/LOCATION:ci.S LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if ►necessary): C,u ?SJ.�'' !�p`Y.2 - -_ I, E.ki�t' -' 7hr'.Sos�H .t„i ' �> _� -]..I ���- t�- �c_. ��y� ,- �.1/i�- �- .�_- /.1.i�.a►TIbJ Rb G,�:�c.t� .�Eu;•rt-cs --t-� ...- PRESENT USE OF PROPERTY: iii U TO fie rAl k ,; No p- PROPOSED USE OF PROPERTY: REASON FOR REQUEST (Please attach a written narrative describing the variance being requested. The _ narrative should fully explain the hardships) that justifies variation from the strict application of the Code. The terms "hardship" or "undue hardship "typically refer to physical characteristics of tine property, such as shape, soil conditions, or topography. Neither mere inconvenience. nor reduction in value alone, is sufficient to justify a variance. The inability to put property to its highest and best use is not considered a hardship or practical difficulty. The problem that justifies the variance must be caused by conditions unique to the property and beyond the control of the applicant. The applicant cannot create the condition that requires the variance.) APPLICANT f �l� sir PHONE (/Z FAX E -MAIL ]QyG� I1nShc�1[- trJ�1IJ G?,'v1 _PAGER CELL ADDRESS 7 CITY &' 41 r G 1 1 TS - -- - _ STATE A9/J ZIP FEE OWNER OF PROPERTY ADDRESS,1Lf'G�K "! �r PHONE ray i FAX CITY ' 7L+%o Al t "U►J - - STATE ���J ZIP Page 1 of 2 179 r'3, THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED, ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY VARIANCE APPLICATION A. Submittals as required in fihe attached application checklist, describing the variance(s) proposed B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200 Variance Fee $ 0(���.: TOTAL AMOUNT RECEIVED - $--------- __.�._------ -_.. -. .. CITY RECEIPT NUMBER _ (�2 �� _ DATE RECEIVED q I1 to is I S Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: ---- --1-`'' -�� - - - - -- < APPLICANT SIGNATURE DA - _ -- - -- PROPERTY -- OWNER SIGNATURE (if different from Applicant) DATE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE - - -�- "--- Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 180 This variance is needed because this building was built over fifty years ago. Since the original building was constructed, the state of Minnesota has replaced the traffic signals with a different style of signals. As traffic is flowing south on Central Avenue, approaching the site of my business, our sign is almost completely hidden from sight. If the LED digital board were placed above the existing sign, it would be slightly above the traffic signal arm and alert traffic that they are approaching AUTOS ONLINE NAPA Auto Care Center. This alone would significantly reduce quick stops or sudden turns as motorist try to get onto the property. The visibility of the sign would significantly improve traffic flow at the busy intersection. 181 Ul .j uj IZ IJ6 M x C14 0 z ai CO) x LLI tFAGENDA SECTION PUBLIC HEARING CH COLUMBIA NO. 8C 0 K TS NG DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER I ITEM: I Approve a Site Plan for Huset Park Senior Living to be located at 317 37th Ave. NE., 3700 5th St. NE., I and 450 38th Ave. NE. DEPARTMENT: Community Development CITY MANAGER'S APP VAL:�C BY /DATE: Elizabeth Holmbeck, October 8, 2015 BY /DATE: , BACKGROUND: On behalf of Dominium, Columbia Heights Leased Housing Associates is proposing to construct 191 units of affordable senior housing on the vacant site northeast of the 37th Avenue NE. and University Avenue NE intersection. The building will be designed and marketed to people ages 55 and up, with some income qualifications. The development will be adequately served with a number of amenities including a fitness facility and club room, theater, library, and salon. On the grounds there will be an outdoor patio terrace that will include a fire pit, grilling stations, and ample seating areas to serve apartment residents. A narrative provided by the applicant, is attached for your review. The site is currently comprised of three properties which will be combined and re- platted. Once the Final Plat is approved, a new address will be issued for the property. The three properties are located in the Mixed Use Zoning District. Properties to the north and east are also zoned in the Mixed Use Zoning District. The properties to the east and west are zoned in the Light industrial Zoning District, and the properties to the south are located in the City of Minneapolis. The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. RECOMMENDATION: The applicant came before the Planning and Zoning Commission on October 6th, 2015. There were two members from the Board of Directors for the Huset Park Townhome Association present, who spoke in support of the proposed development. The Planning and Zoning Commission voted unanimously to approve the Site Plan for the proposed Huset Park Senior Living Development. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2015 -72, there being ample copies available to the public. Motion: Move to adopt Resolution No.2015 -72, being a resolution approving a Site Plan for the proposed Huset Park Senior Living Development, to be located at 317 37th Ave. NE., 3700 5th St. NE., and 450 38th Ave. NE., subject to the following conditions: Huset Park Senior Living 183 City of Columbia Heights - Council Letter Page 2 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code, 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 5. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council. 6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015, 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015, 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of -Way, from Naegele Avenue to 37t" Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS: Resolution No. 2015 -72 Planning Report Application Applicant's Narrative Location Map Fire Department Report Minnesota Department of Transportation Report Storm Water Management Plan Development Contract for the Plat of Huset Park Senior Living -Draft Site Plans 184 RESOLUTION NO. 2015 -72 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1003) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval per Code Section 9.104 (N). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT a. The Site Plan conforms to all applicable requirements of this article. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. c. The Site plan is consistent with any applicable area plan. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Site Plan Approval; and in granting approval the City and the applicant agree that this Site Plan Approval shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public 185 City of Columbia Heights - Council Resolution Page 2 street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 5. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council. 6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of -Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. ORDER OF COUNCIL Passed this 12th day of October, 2015 Offered by: Seconded by: Roil Call: Gary L. Peterson, Mayor Attest Katie Bruno, City Clerk /Council Secretary 186 CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2015 -1003 DATE: September 28, 2015 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Dominium /Columbia Heights Leased Housing Associates 1, LLLP DEVELOPMENT: Columbia Heights Senior Living LOCATION: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. REQUEST: Site Plan Approval PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION On behalf of Dominium, Columbia Heights Leased Housing Associates is proposing to construct 191 units of affordable senior housing on the vacant site northeast of the 37th Avenue NE. and University Avenue NE intersection. The building will be designed and marketed to people ages 55 and up, with some income qualifications. The development will be adequately served with a number of amenities including a fitness facility and club room, theater, library, and salon. On the grounds there will be an outdoor patio terrace that will include a fire pit, grilling stations, and ample seating areas to serve apartment residents. A narrative provided by the applicant, is attached for your review. ZONING ORDINANCE The site is currently comprised of three properties which will be combined and re- platted. Once the Final Plat is approved, a new address will be issued for the property. The three properties are located in the Mixed Use Zoning District. Properties to the north and east are also zoned in the Mixed Use Zoning District. The properties to the east and west are zoned in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive Plan. The vacant site will be 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. 187 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 2 redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. SITE PLAN The subject property is located in the Mixed Use Zoning District and does not have specific lot size and setback requirements. The Zoning Code allows the City to be flexible in this area to facilitate a successful development. Specific site requirements will be outlined in a Development Contract, and approved by the Columbia Heights City Council. 1. Parking The proposed site plan is for 191 units of senior housing. City Code requires one parking space for every two units of senior housing. By this standard, the City would require that 95.5 parking spaces be provided. The proposed development exceeds this requirement, by providing 137 underground parking spaces and 108 surface parking spaces. 2. Access The site will be served by one main entrance off Huset Parkway. The front parking lot will contain a turn - around and a covered drop -off and pick -up just outside the main entrance to the building. The rear drive will go around the building and will have access to the underground parking and rear parking lot. Two secondary entrances will be located in the rear of the building. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing a storm water pond to be located on the southwest corner of the parcel. The storm water pond will have a decorative water fountain feature, with shoreline flowers surrounding the perimeter. The applicant is proposing to plant 134 trees which will complement the layout of the development. The landscape plan calls for native perennial and deciduous plantings in combination with shrubs and perennials to be planted along the periphery of the building. The development will be within close proximity to Huset Park and Murzyn Hall. Huset Park will provide additional outdoor opportunities for residents, and the Senior Center at Murzyn Hall is adjacent to Huset Park. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. 188 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 3 The applicable Zoning Code requirements are achieved. The Zoning Code requires that a Development Contract outline specific site requirements. A condition has been added to the Site Plan, that the developer must meet all the requirements of the Development Contract. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for Mixed Use Transit Oriented Development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. The property was previously part of a larger development of Huset Park. However, the final phase of the original development was never completed. The Economic Development Authority is considering an amendment to the original development agreement for Huset Park to accommodate the new senior living development. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. Proper traffic controls are in place to accommodate the additional vehicles on 37th Avenue NE. and University Avenue NE. The proposed plan for the senior living development will be governed by a Development Contract which will have specific site requirements meant to minimize any adverse impact to neighboring properties. RECOMMENDATION Motion: Move to waive the reading of Resolution No. 2015 -72, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2015 -72, being a resolution approving a site plan, for a proposed senior housing development, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. 3. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 4. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent properties and from public streets. 5. The Developer must satisfy engineering and site development requirements outlined in 189 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 4 the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council on October 12, 2015. 6. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. 7. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. 8. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right -Of -Way, from Naegele Avenue to 37«' Avenue NE., conditional on MNDOT permit requirements. 9. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. 10. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. 11. The Developer shall construct a monument sign displaying the City of Columbia Heights' logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. 12. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. 13. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. 14. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. 15. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENT'S Resolution No. 2015 -72 Application Applicant's Narrative Location Map Fire Department Report Minnesota Department of Transportation Report Storm Water Management Plan Development Contract for the Plat of Huset Park Senior Living -Draft Site Plans 190 CITY OF COLUMBIA HEIGHTS SITE PLAN REVIEW APPLICATION To be filled out by City: CASE NO.: DATE RECEIVED: APPLICABLE ORDINANCE NO.: 9.104 (M) DATE OF LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE: PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: To be filled out by Applicant PROPOSED NAME OF DEVELOPMENT: Columbia Heights Leased Housing Associates I, LLLP Plat PROJECT ADDRESStLOCATION: 3700 5th Street NE, Columbia Heights, MN 55421 --- - -- (final address to be deterrruned) LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): Attached as a separate page PRESENT USE OF PROPERTY: Vacant Land Site PROPOSED USE OF PROPERTY: High- Density Multifamily Housing REASON FOR REQUEST (please attach a written narrative describing your proposal, the intended use of the property, and justification for your request.) Columbia Heights Leased Housing Associates 1, LLLP APPLICANT _ PHONE 763.354.5656 FAX E -MAIL rmehl @dominuminc.com ADDRESS 2905 Northwest Blvd„ Ste, 150 PAGER CELL # CITY Plymouth i STATE MN ZIP 55449 FEE OWNER OF PROPERTY Columbia Heights Leased Housing Associates I LLLP ADDRESS 2905 Northwest Blvd., Ste, 150 CITY Plymouth PHONE 763.354.5656 FAX STATE MN Page 1 of 2 ZIP 55441 191 CITY OF COLUMBIA HEIGHTS SITE PLAN REVIEW APPLICATION THIS APPLICATION 1S SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY SITE PLAN APPLICATION A. Site Plan submittals as required in the attached application checklist, showing what is proposed for the property. APPLICATION FEES: A. $250.00 Site Plan Review Fee TOTAL AMOUNT RECEIVED CITY RECEIPT NUMBER _- DATE RECEIVED $ Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota- SIGNATURE 9/11/2015 DATE- -.._._ PROPERTY OWNER SIGNATURE (If different from Applicant) DATE Y-� c l<- 210 n_e r 91-111L-5- __ COMMUNITY DEVELOPMENT STAF M E BER AND TITLE DATE Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 192 Dominium Senior Independent Living Development — Columbia Heights Site Plan Review and Preliminary / Final Plat Application Narrative Project Overview Dominium is proposing a 191 unit affordable senior independent living development to be constructed on the vacant land site northeast of the 37 Avenue NE and University Avenue NE intersection. BNC Bank, the current owner of the site, was forced to take back the site after the original developer failed to complete the final phase of their proposed redevelopment. Dominium, an experienced housing developer, believes that its current proposal for senior housing will provide much needed senior housing stock to the community. Thus far, the applicant has received great support from City Staff, City Council and the surrounding neighborhood. More specifically, the Dominium project team has met with both the City Economic Development Authority and the local neighborhood group to discuss the project and has received supportive feedback from both parties. Additionally, the proposed business terms for redevelopment have been preliminarily discussed and a motion was made to proceed to draft a formal redevelopment agreement. Dominium hopes to have final approvals for the project on all Site Plan, Civil and Plat related issues by the City Council Meeting in October. The proposed project is consistent with the current zoning for the site as well as the City's Comprehensive Plan. Proposed Unit Mix and Rents The proposed development will provide affordable housing for residents over the age of 55 who income - qualify earning no more than 60% of the Area Median Income. Rents will be restricted on 100% of the units. The project will consist of one, two and three - bedroom units. Like all Dominium properties, the on -site staff and compliance department will work to qualify all future residents, which will include income, credit and criminal background checks. Any applicant with a prior issue will not be eligible to rent and tenants will be required to abide within the rules and regulations established by Dominium Property Management while living on -site. Below is a proposed unit matrix with projected rents: Unit Type # of Units Proposed Rents 1 Bedroom / 1 Bathroom — 60% AMI 74 $892 2 Bedroom / 2 Bathroom — 60% AMI 45 $1,068 3 Bedroom / 2 Bathroom — 60% AMI 72 $1,233 Total 191 J $1,062 Project Construction/Design The building will be constructed using quality and attractive materials that will be aesthetically pleasing to the local community. It will consist of four stories of residential 193 living with multiple floor plans and will include underground parking. There will be 137 underground parking spaces and 108 surface parking spaces including concept proof of parking. Overall the parking ratio at the site will be 1.28 stalls per unit. Other recently constructed Dominium senior properties in St. Anthony and Crystal have been approved and built with overall parking ratios of 1.11:1.00 and 1.00:1.00, respectively. Although, the aforementioned comparable properties are not fully occupied, our management staff is not expressing any concerns with the availability of parking. It should be noted that in Dominium's senior project portfolio, we notice that households almost never have multiple vehicles and in some instances households do not have any vehicles. With the target population in mind, we believe that the parking ratio proposed for the Columbia Heights development should be more than adequate. The building will contain many amenities that appeal to the senior community including a fitness facility, theater, library, club room, cards and crafts room, salon and nurse station, outdoor patio terrace with a fire pit, grilling stations and seating area, as well as a full -time management staff. The building and landscaping will be designed and maintained in a way that is consistent with the quality of the building's construction and will tie -in nicely with the neighboring townhome development. Overall, Dominiurn believes this project will be one of marquee projects in the City of Columbia Heights for years to come. 194 Development Site tC US it 3 923 6 3 62 2 P3 NILIR7YN RAu. 9 3952 2 COMN10NIly L C , 38TH AVE NE 38TH AVE NE op t 394B SA 3907 7 HUSET RROF7 PL j 500 PARK JOLLY LN NF S6-35 -383--41 "'Tat, H;M2 7L< t 3r, 31 M -1 .4 ' 13 tit 8=2 1 0 ORENDORF WAY NF z > :E 12 381.31 > PARK .�j 36 38 4 z l 138 &7 lvci� LM's 2 'WI 3� 80p NAEGELE AVE NF L01611ANKI LN NE T174 F3-8-1-51 2!7-Z JX 52 Y3833 1': 3850 3851 , 609 80 1 11 38TH AVE NE 38TH AVE NE 533 M V Iq 4n ta R! 145 In �n I #'in D- I P, in NE — - - - - - . . . . . . . - . -37TH AVE NE. . . . . . 1-3 195 - COLUM131A HEIGHTS FIRE DEPARTMENT City of Columbia Heights I Fire Department 825 4151 Avenue NE, Columbia Heights, MN 55421 • Ph: 763 - 706 -8150 o Fax: 763 - 706 -8151 Email: fire @columbaiheightsmn.gov - www.columbiaheightsmn.gov MEMO TO: ELIZABETH HOLMBECK, ASSOCIATE CITY PLANNER FROM: GARY GORMAN, FIRE CHIEF SUBJECT: SITE PLAN REVIEW, 3700 5T" ST NE DATE: 9/30/2015 I have reviewed the Site Plan for the proposed development at 3700 5th St NE. I am proposing some changes. The items I have listed below correspond to the attached drawings. 1. 1 have attached the dimensions of the wheelbases and length of our pumpers and ladder truck. All radii of curves in the front round -a -bout need to be able to accommodate the pumpers. 2. All curves on the access road around the north side would need to accommodate the pumpers and the ladder truck. 3. The existing fire hydrant on the west side of the property needs to stay and needs to be turned to face the building. This hydrant would need to remain public through some type of easement. 4. Proposing a fire hydrant to be installed in the front round -a -bout area. This hydrant would need to remain public through some type of easement. 5. Install a hard surfaced road extension in the northwest corner of the property off of the service drive. This area would be used to back our fire apparatus into in order to turn around and drive out of the property. The area would need to be a minimum of 20 feet wide and as deep as the property can accommodate. 196 -| �- � \ OW - - -' - 197 "11y�s0T�ya CViirsnesotGa Department of transportation Metropolitan District a° Waters Edge Building of ,np�'y 1500 County Road B2 Nest Roseville, MN 55113 October 1, 2015 Elizabeth Ilolmbeck Associate City Planner City of Columbia Hcights 590 40t" Avenue NE Columbia Heights, MN 55421 SUBJECT: Huset Park Senior Living MnDOT Review 4 PI 5-051 NE quad of MN 47 and 37th Ave Columbia Heights, Anoka County Control Section 0205 Dean Ms. Holmbeck: Thank you for the opportunity to review the Huset Park Senior Living site plan. 'file Minnesota Department of Transportation (MnDOT) has reviewed the site plan and has the following comments: Permkv Construction of the proposed trail from 37 "i ave north wotild require a limited use permit. Please contact Dan Phelps at 651- 234 -7585 to obtain this permit. Any additional use of or work within or affecting MnDOT right of Nvay requires a permit. Permit forms are available from MnDO`I''s utility lvebslte at w%vw. dot.state.mn.us /tecstip/utility. . Please include one I 1 x 17 plan set and one full size plait set with each permit application. Please direct any questions regarding permit requirements to Buck Craig (651 -234 -7911) of MiillOT's Metro Permits Section, Design: The plats will need to include a trail pavement section that includes the distance to the fence, cross slopes, and trail grades. Please add a note by the section of pavement for the bus stop that gravies will need to match the trail with no vertical deflection over'1a "._There is a project programmed in 2018 for ADA upgrades, SP2726 -74. 'Phis Nvould be a good time to upgrade the pedestrian eorb ramps at the corner ofTH 47 and 37't' Ave NE Please direct questions regarding these comments to Nancy Jacobson, Metro Design, at nancy.1 ja cobson rr,statemm.Lis or 651- 234 -7647. 198 Review Submittal Options: MnDOT's goal is to complete the review of plans within 30 days. Submittals sent in electronically can usually be turned around faster. There are four submittal options. Please submit either: 1. One (1) electronic pdf version of the plans. MuDOT can accept the plans via a -mail at metrodevreviews .dot{n)state.nntt us provided that each separate a -mail is tinder 20 megabytes, 2. Three (3) sets of full size plans, Although submitting seven sets of fiill size plans will expedite the review process. Plans can be sent to: MnDOT — Metro District Planning Section Development Reviews Coordinator 1500 West County Road B -2 Roseville, MN 55113 3. One (1) compact disc. 4. Plans can also be submitted to MnDOT's External FTP Site. Please send files to: ftp: / /ftp2.dot. state. mn. us / pub / incoming /MetroWatersEdge /Planning Internet Explorer doesn't work using ftp so please use an FTP Client or your Windows Explorer (My Computer). Also, please send a note to atletrodevreviews.dot a state nnin us indicating that the plans have been submitted on the FTP site. If you have any questions concerning this review, please contact me at (651) 2347784. Sincerely, X .Karen Scheffing Principal Planner Copy sent via E-mail: Paul .lung, Area Engineer Dan Phelps Right ofway Gayle Gedstad, Traffic Brian Kelly, Water Resources Nancy Jacobson, Design Buck Craig, Permits Tiffany Kautz, Right -of -Way Russell Owen, Metropolitan Council 199 Stormwater Management Plan Columbia Heights Senior Living Columbia Heights, MN Prepared by Loucks September 22, 2015 Loucks Project No. 15322A IS F f : J I J F,,L 7 2! '0 11 e C h S u i V , a p i c C f c-) v WN 5F 3Uq 1 7 6 3.424 55"s 200 Columbia Heights Senior Living Columbia Heights, Minnesota Stormwater Management Plan Existing Conditions The existing site is currently undeveloped and is approximately 6.06 + /- acres. The existing site drains to the east to Huset Parkway. There was a previous design for a stormwater pond in the southeast corner of the site that was to take runoff from Huset Parkway that was never constructed. As part of this project the pond will be constructed at the previously designed location. osed Conditions The prosed project is broken into six drainage areas (DA -1P, DA -2P, DA -3P, DA -4P, DA -5P, & DA -6P see attached drainage map). There are two areas that drain off -site, DA -5P & DA -6P. Drainage area DA -2P will drain directly to the proposed stormwater pond /water feature. The proposed stormwater pond will be considered a water feature for the site along with helping control the discharge rate of the stormwater leaving the site. The drainage areas DA -1 P, DA- 3P & DA -4P will drain to underground perforated pipe systems with drain the to handle the sites water quality requirements and rate control. Site Areas Total 264,112 Impervious 137,414 Pervious 126,698 Infiltration /Filtration Requirement 137,414 SF x 1.1 in x 1 ft/12in = 12,596 CF The three underground pipe systems will be designed with the 12,596 CF of volume plus additional volume as needed to meet the required discharge rates from the proposed pond. Storage Provided DA -1 P STORM VAULT 2,869 CF DA -3P STORM VAULT 5,079 CF DA -4P STORM VAULT 7,509 CF TOTAL 15,547 CF Stormwater Management Plan September 8, 2015 201 I I I I I I I I I 1 I i I I I I i I I I I I I I I I I I I I I I I i I i _ _ J PROPOSED DRAINAGE MAP i i 37th Avem a NE 202 /P DA -1 P STORM VAULT 3P DA -3P STORM VAULT A DA -4P STORM VAULT o Reach. on Link Routing Diagram for 15322A Stormwater Prepared by Microsoft, Printed 9/22/2015 HydroCAD® 10.00 s/n 02676 O 2012 HydroCAD Software Solutions LLC 203 15322A Stormwater Type 1124 -hr 100 -YEAR Rainfall = 5.85" Prepared by Microsoft Printed 9/22/2015 HydroCAD 9 10.00 s/n 02676 © 2012 HydroCAD Software Solutions LLC Page 2 Time span = 5.00 -20.00 hrs, dt =0.05 hrs, 301 points Runoff by SCS TR -20 method, UH =SCS Reach routing by Stor - Ind +Trans method - Pond routing by Stor -Ind method Pond 1 P: DA -1 P STORM VAULT Pond 3P: DA -3P STORM VAULT Pond 4P: DA -4P STORM VAULT Peak EIev =0.00' Storage =0 cf Peak Elev =0.00' Storage =0 cf Peak EIev =0.00' Storage =0 cf 204 15322A Stormwater Type !l 24 -hr 900 -YEAR Rainfall= 5.85" Prepared by Microsoft Printed 9/22/2015 HydroCADO 10.00 s/n 02676 © 2012 HydroCAD Software Solutions LLC Page -3 Summary for Pond 1P: DA -1P STORM VAULT Routing by Stor -Ind method Peak Elev= 0.00'@ 0.00 hrs Surf.Area= 1,254 sf Storage= 0 cf Plug -Flow detention time= (not calculated) Center -of -Mass det. time= (not calculated) Volume Invert Avail.Storage Storage Description #1A 0.00' 1,013 cf 9.50'W x 132.001 x 3.50'H Field A 4,389 cf Overall - 1,856 cf Embedded = 2,533 cf x 40.0% Voids #2A 0.00' 1,856 cf CMP_Round 36 x 14 Inside #1 Effective Size= 36.0 "W x 36.0 "H => 7.06 sf x 20.001 = 141.1 cf Overall Size= 36.0 "W x 36.0 "H x 20.00'L Row Length Adjustment= -16.00'x 7.06 sf x 2 rows 7.50' Header x 7.06 sf x 2 = 105.8 cf Inside 2,869 cf Total Available Storage Storage Group A created with Chamber Wizard Summary for Pond 3P: DA -3P STORM VAULT Routing by Stor -Ind method Peak Elev= 0.00' @ 0.00 hrs Surf.Area= 1,566 sf Storage= 0 cf Plug -Flow detention time= (not calculated) Center -of -Mass det. time= (not calculated) Volume Invert Avail.Storage Storage Description #1A 0.00' 1,834 cf 18.00'W x 87.001 x 5.00'H Field A 7,830 cf Overall - 3,244 cf Embedded = 4,586 cf x 40.0% Voids #2A 0.50' 3,244 cf CMP_Round 48 x 15 Inside #1 Effective Size= 48.0 "W x 48.0 "H => 12.53 sf x 20.001 = 250.5 cf Overall Size= 48.0 "W x 48.0 "H x 20.001 Row Length Adjustment= -19.00'x 12.53 sf x 3 rows 16.00' Header x 12.53 sf x 1 = 200.4 cf Inside 5,079 cf Total Available Storage Storage Group A created with Chamber Wizard Summary for Pond 4P: DA -4P STORM VAULT Routing by Stor -Ind method Peak Elev= 0.00'@ 0.00 hrs Surf.Area= 2,304 sf Storage= 0 cf Plug -Flow detention time= (not calculated) Center -of -Mass det. time= (not calculated) 205 15322A Stormwater Type 1124 -hr 900 -YEAR Rainfa#= 5.85" Prepared by Microsoft Printed 9/22/2015 HydroCADO 10.00 s/n 02676 © 2012 HydroCAD Software Solutions LLC Page 4 Volume Invert Avail.Storage Storage Description #1A 0.00 2,674 cf 18.00'W x 128.001 x 5.00'H Field A 11,520 cf Overall - 4,835 cf Embedded = 6,685 cf x 40.0% Voids #2A 0.50' 4,835 cf CMP_Round 48 x 18 Inside #1 Effective Size= 48.0 "W x 48.0 "H => 12.53 sf x 20.001 = 250.5 cf Overall Size= 48.0 "W x 48.0 "H x 20.001 Row Length Adjustment= -2.00'x 12.53 sf x 3 rows 16.00' Header x 12.53 sf x 2 = 400.9 cf Inside 7,509 cf Total Available Storage Storage Group A created with Chamber Wizard 206 DRA I- T DA -FED OCTOBER 1, 210 15 DEVELOPMENT CONTRACT FOR PLAT OF HUSET PARK SENIOR LIVING ANOKA COUNTY, MINNESOTA 207 INDEX TO CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR HUSET PARK SENIOR LIVING, 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 Warranties A. Authority 208 B. No Default C. Present Compliance With Laws D. Continuing Compliance With Laws E. No Litigation F. Full Disclosure G. Two Year Warranty On Proper Work and Materials H. Obtaining Permits 1.16 City Warranties A. Authority 1.17 Formal 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 209 3.2 Enforcement Costs 3.3 Time of Payment ARTICLE 4 — DEVELOPER WARRANTIES 4.1 Statement of Developer Warranties ARTICLE 5 — CITY WARRANTIES 5.1 Statement of City Warranties ARTICLE 6 — INDEMNIFICATION OF CITY 6.1 Indemnification of City ARTICLE 7 — CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 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 210 9.4 Recording 9.5 Binding Agreement 9.6 Contract Assignment 9.7 Amendment and Waiver 9.8 Governing Law 9.9 Counterparts 9.10 Headings 9.11 Inconsistency 9.12 Access 9.13 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 211 CITY OF COLUMBIA HEIGHTS DEVELOPMENT CONTRACT FOR HUSET PARK SENIOR LIVING THIS AGREEMENT, made and entered into on the day of , 2015, by and between the CITY OF COLUMBIA HEIGHTS, a municipality of the State of Minnesota, (hereinafter referred to as the CITY), and COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES 1, LLLP, (hereinafter referred to as the OWNER and DEVELOPER) identified herein. WHEREAS, the DEVELOPER has applied to the CITY for approval of the preliminary and final PLAT; WHEREAS, the CITY has approved the final PLAT subject to the following conditions: 1. That the DEVELOPER enter into this DEVELOPMENT CONTRACT, which contract defines the work which the DEVELOPER undertakes to complete within the PLAT; AND 2. The DEVELOPER shall provide an irrevocable letter of credit, or cash deposit, in the amount and with conditions satisfactory to the CITY, providing for the actual construction and installation of such improvements within the period specified by the CITY. WHEREAS, the DEVELOPER has filed Three (3) complete sets of the DEVELOPMENT PLANS with the CITY: WHEREAS, the DEVELOPMENT PLANS have been prepared by a registered professional engineer and have been submitted to and approved by the DIRECTOR OF THE PWD. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT CONTRACT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY, OWNER and DEVELOPER agree as follows: NVA 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 Minnesota municipal corporation. 1.3 DEVELOPER: OWNER. BUILDER. "DEVELOPER - OWNER" means Columbia Heights Leased Housing Associates I, LLLP, a Minnesota Limited Liability Limited Partnership. 1.4 PLAT. "PLAT" means the plat of HUSET PARK SENIOR LIVING, 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. 213 1.13 DEVELOPER DEFAULT. "DEVELOPER DEFAULT" means and includes. jointly and severally, any of the following or any combination thereof: 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 construct the DEVELOPER PUBLIC IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; C) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) breach of the DEVELOPER WARRANTIES. 1.14 FORCE MAJEURE. "FORCE MAJEURE" means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), 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 organized 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 bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT CONTRACT by DEVELOPER or prohibit any of the 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 214 statutes, laws, and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law; ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS: and DEVELOPER is not aware of any pending or threatened claim of any such violation. D. CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations (including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation) affecting the PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. E. NO LITIGATION. To the best of DEVELOPER'S knowledge, there is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting DEVELOPER, except as disclosed in writing to the City, or the PLAT, or the DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in 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 performed by it under this DEVELOPMENT CONTRACT against poor material and faulty workmanship for a period of two (2) years after its completion and acceptance by the CITY. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. 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: 215 A. AUTHORITY. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT CONTRACT. 1.17 FORMAL NOTICE. "FORMAL NOTICES" means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States Mail and in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Columbia Heights Attention: City Manager 590 40th Avenue N.E. Columbia Heights, Minnesota 55413 If to DEVELOPER Columbia Heights Leased Housing Associates 1, LLLP c/o Ronald Mehl, Senior Developer 2905 Northwest Blvd Suite 150 Plymouth, Minnesota 55441, 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 this DEVELOPMENT CONTRACT after expiration of time in which the DEVELOPER IMPROVEMENTS are to be completed shall not waive or release any rights of the CITY; the CITY may take action at any time thereafter, and the terms of this contract shall be deemed to be automatically extended until such time as the DEVELOPER IMPROVEMENTS are completed to the CITY's reasonable satisfaction. 216 2.2 BOULEVARD AND AREA RESTORATION. The DEVELOPER shall lay cultured sod or hydro seed in all boulevards within 21 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire PLAT. 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. Unless otherwise agreed to by the City, this provision excludes Site Landscaping and Site Street Lighting. 2.5 APPROVAL OF CONTRACTORS AND ENGINEER. Any contractor or engineer preparing plans and specifications selected by the DEVELOPER to design, construct or install any DEVELOPER PUBLIC IMPROVEMENTS must be approved in writing by the DIRECTOR OF PWD, which approval shall not be unreasonably withheld; provided however that the CITY hereby specifically approves Loucks Engineers, and BKV Group 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 (S) 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, subgrade preparation, the laying of gravel base for street construction or any other improvement work which shall be subsequently buried or covered to allow the CITY an opportunity to inspect such improvement work. Upon receipt of said notice, the City shall have a reasonable time, not to be less than three (3) working days, to inspect the improvements. Failure to notify the CITY to allow it to inspect said work shall 217 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. 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 IMPROVEMENTS 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. If the 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 of this DEVELOPMENT CONTRACT, including engineering and attorneys' fees. 218 3.3 TIME OF PAYMENT. The DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall accrue interest at the rate of 6% per year. 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 IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, conditions, obligation or agreement on its part to be observed or performed under this DEVELOPMENT CONTRACT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; C) failure by the DEVELOPER to pay for materials; f) failure to obtain the necessary permits and authorizations to construct the DEVELOPER PUBLIC IMPROVEMENTS; g) construction of the DEVELOPMENT PUBLIC IMPROVEMENTS. PAN ARTICLE 7 CITY REMEDIES UPON DEVELOPER DEFAULT 7.1 CITY REMEDIES. If a DEVELOPER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER FORMAL NOTICE of the DEVELOPER DEFAULT, specifying the nature of the asserted default, and the DEVELOPER shall have to cure the DEVELOPER DEFAULT within a thirty (30) days cure period, hereinafter defined as "CURE PERIOD ". Said CURE PERIOD may be extended by the CITY for a reasonable period of time to be determined by the DIRECTOR OF PWD, at his sole discretion, provided that the DEVELOPER submits, to the CITY using the FORMAL NOTICE procedures of Section 1.17 within the CURE PERIOD, a reasonable plan or contract bid that demonstrates that it is impractical to cure the DEVELOPER DEFAULT within the CURE PERIOD. If the DEVELOPER, after FORMAL NOTICE to it by the CITY, does not cure the DEVELOPER DEFAULT within the CURE PERIOD or DIRECTOR OF PWD approved extension thereof, then the CITY may avail itself of any remedy afforded by law and any of the following remedies. a) the CITY may specifically enforce this DEVELOPMENT CONTRACT; b) the CITY may suspend any work improvement or obligation to be 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 therefrom, 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. 220 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), to the extent that the remedy in Section 7.1(c) provides reimbursement to the City for any costs and expenses incurred by the City. 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 DEFAULT and notwithstanding the requirement relating to giving the DEVELOPER a thirty (30) day period to cure the DEVELOPER DEFAULT, in the event of an emergency as determined by the Director of PWD, resulting from the DEVELOPER DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER a forty -eight (48) hour period to cure the DEVELOPER DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting there from, including but not limited to notice and hearing requirements and any claim that the special assessments exceed benefit to the PLAT. The DEVELOPER and OWNER hereby waive any appeal rights up to the amount indicated on EXHIBIT `C' pursuant to Minn. Stat, 429.081. 221 ARTICLE 8 ESCROW DEPOSIT 8.1 ESCROW REOUIREMENT. Contemporaneously herewith, the DEVELOPER shall deposit with the CITY an irrevocable letter of credit, or cash deposit for the amounts set forth on EXHIBIT `C.' All cost estimates shall be acceptable to the DIRECTOR OF PWD. The total escrow amount was calculated as shown on the attached Exhibit C. The bank and form of the irrevocable letter of credit, or cash deposit shall be subject to approval by the City Finance Director and City Attorney and shall continue to be in full force and effect until released by the CITY pursuant to Section 8.2 below. The irrevocable letter of credit shall be for a term ending December 31, 2017. 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 December 31, 2017, and further provided that the irrevocable letter of credit states that at least sixty (60) days prior to the expiration date the bank will notify the City if the bank elects not to renew for an additional period. The irrevocable letter of credit shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT CONTRACT. The CITY may draw down on the irrevocable letter of credit or cash deposit, without any further notice than that provided in Section 7.1 relating to a DEVELOPER DEFAULT, for any of the following reasons; a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable letter of credit will be allowed to lapse before December 31, 2017. With CITY approval, the irrevocable letter of credit or cash deposit may be reduced pursuant to Section 8.2 from time to time as financial obligations are paid. 8.2 ESCROW RELEASE AND ESCROW INCREASE, DEVELOPER IMPROVEMENTS. Periodically, upon the DEVELOPER's written request and upon completion by the DEVELOPER and acceptance by the CITY of any specific DEVELOPER PUBLIC IMPROVEMENTS, ninety percent (90 %) of that portion of the irrevocable letter of credit, or cash deposit covering those specific completed improvements only shall be released. The final ten percent (10 %) of that portion of the irrevocable letter of credit, or cash deposit, for those specific completed improvements shall be held until acceptance by the CITY and expiration of the warranty period under Section 1.15 hereof, in the alternative, the DEVELOPER may post a bond satisfactory to the CITY with respect to the final ten percent (10 %). 222 If it is detennined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable letter of credit, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising there from. Said additional irrevocable letter of credit, or cash deposit, shall remain in force for such time as the CITY deems reasonably necessary, not to exceed two (2) years. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. ARTICLE 9 MISCELLANEOUS 9.1 CITY'S DUTIES. The terms of this DEVELOPMENT CONTRACT shall not be considered an affirmative 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 of this 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 of the CITY. 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 223 other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT CONTRACT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT CONTRACT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 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 of this 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 of this DEVELOPMENT CONTRACT or if the obligations imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 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. 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, fencing and /or screening. The letter of credit, 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 specifications. A portion of the letter of credit may be released after one growing season as determined by the DIRECTOR OF PUBLIC WORKS. 224 C) A decorative, permanent fence shall be installed at the west property line boundary with the University Avenue ROW, consisting of masonry columns and iron fencing with a design approved by the CITY, and as depicted on EXHIBIT `D,' attached herein. The OWNER shall be responsible for the on -going maintenance of the fencing. Any landscaping west of the fence shall require a MnDOT permit and Maintenance Agreement, with copies provided to the CITY. Where new fencing is installed along the MnDOT ROW, the DEVELOPER shall be responsible for the removal of any existing chain link or other fencing to the extent such removal may be permitted by MnDOT. d) The OWNER shall be responsible for continued maintenance of fencing, landscaping and screening materials to remain in compliance with the requirements of this Section. e) All DEVELOPMENT turf irrigation systems shall include rain detecting shutoff devices to control irrigation function during wet weather. 9.14 PARK DEDICATION. Subject to reduction for all applicable existing credits in favor of the DEVELOPER, the CITY hereby determines Park Dedication Fees in the amount of $1,500.00 per unit, and that such fees are paid at Final PLAT Approval by the CITY, or prior to issuance of any and all permits. The calculation shall be as provided in EXHIBIT `C.' 9.15 RECORD DRAWINGS. The OWNER shall provide to the CITY, upon completion of the DEVELOPER IMPROVEMENTS, a complete set of Record Drawings documenting the constructed or "as- built" condition of the DEVELOPER IMPROVEMENTS. The Record Drawings shall be submitted in electronic and hard copy form consistent with CITY requirements, and provided to the PWD within six (6) months of the completion of the DEVELOPER IMPROVEMENTS. Additionally, the OWNER shall include in the Record Drawings GPS Data of all sanitary sewer and water main service locations at the service extensions or property lines. The GPS Data shall include X, Y & Z coordinate data consistent with City requirements. 9.16 ADDITIONAL AGREEMENTS. A. The OWNER and the CITY hereby agree that the maintenance costs of the large storm water pond located at the northeast corner of 5th Street and Huset Parkway shall be shared by the DEVELOPMENT and CITY on 50150 split. Necessary storm water 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. B. The OWNER hereby agrees to place a 10 foot wide paved trail along the University Avenue ROW. The CITY agrees to assist in MnDOT permitting prior to the installation of the trail. The design and construction of the trail shall be the responsibility of the OWNER, meeting CITY trail requirements. 225 C. The OWNER hereby agrees to place a 6 foot wide sidewalk along the 37`r' Avenue NE ROW. The design and construction of the sidewalk shall be the responsibility of the OWNER, meeting CITY sidewalk requirements. D. The OWNER hereby agrees to construct a monument sign which will incorporate the City logo. The design and construction of the sign shall be the responsibility of the OWNER, subject to final approval by the CITY. E. The DEVELOPER shall dedicate public easements over the public sidewalk adjacent to 37'h Avenue NE, as well as the onsite stormwater management features, including the Stonnwater Pond. 9.17 RELEASE OF DEVELOPMENT CONTRACT. Upon completion of all DEVELOPER IMPROVEMENTS and all DEVELOPER PUBLIC IMPROVEMENTS, and upon the expiration of the Section 1.15G. TWO YEAR WARRANTY ON PROPER WORK AND MATERIALS; the DEVELOPER may submit to the CITY a draft release of this DEVELOPMENT CONTRACT for review and approval by the CITY's attorney. The CITY agrees to cooperate with the DEVELOPER to process a recordable release of this DEVELOPMENT CONTRACT for title purposes provided that said improvements have been completed and said warranties have expired. 226 IN WITNESS WHEREOF; the parties have executed this DEVELOPMENT CONTRACT. CITY OF COLUMBIA HEIGHTS DEVELOPER: COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES I, LLLP By: By: Gary Peterson, Mayor By: Walt Fehst, City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) Its On this day of , 2015, 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. COUNTY OF ANOKA ) On this day of , 2015, before me a Notary Public within and for said County, personally appeared , to me personally known, who being by me duly sworn, said that he is the of Columbia Heights Leased Housing Associates I, LLLP, named in the foregoing instrument, and that said instrument was signed in behalf of said Columbia Heights Leased Housing Associates I, LLLP, a Minnesota Limited Liability Limited Partnership by authority of its Board of Directors, and said Ron Mehl acknowledged said instrument to be the free act and deed of Columbia Heights Leased Housing Associates I, LLLP. Notary Public 227 THIS INSTRUMENT DRAFTED BY: Kevin Hansen, P.E. Public Works Director /City Engineer City of Columbia Heights 6373 81h Avenue N.E. Columbia Heights, MN 55421 763/706 -3705 James Hoeft City Attorney Barra, Guzy, and Steffen, ltd 200 Coon Rapids Boulevard Suite 400 Coon Rapids, MN 763/783 -5122 228 I 1 M Mira INY.Ne.fi I I I ,_. ! 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M u. u r U� i■ i i�i EM 3 Y d EEEEEI ED ® ® m C� R® EG Z o� a� q w to - ,x W t nix; t 1P. f� I=. r- 17- Au M *�L �I iY i rs¢, in I` I _! 0 L'A ii t9 EEIH3 ®; w w 20A Aux .� rt u as F' ON IM, 9:+Id w N C7 C N (� LL in LU IL ba C LU w U v° me, O O I a- ui I-- Ul) AkN >F M- E nit Fli! ni Li 1, it LU Ed U) nit Fli! ni Li 1, itN IX, LLI if U) LLI if U) III ii ii F; F bi fil V) L.0 a) C) ro ro O LU -�d- U .Q fwd O ro LU I J-P M EMI c3' Lli pit av Fell 1171 li r ~M 0 COO O O E O 4p Z ZE o o U a Isz o 0 Q N i+ O L O O 'Q Q L O C v H w s b4 Z z O °-0 .O T o O -C� E O U v yy_ lU tt A v 4.1 � J t f�' 1 c w c �i 0 u v a 4F 0 0 N dJ — E O M N � O O L O O N w hQ z �G1 � r O Qo v .C1 2 o O U v COLUMBIA AGENDA SECTION PUBLIC HEARING Ct"� � c I� � �r ITEM NO. 8D HEIGHTS [MEETING DATE OCTOBER 12, 2015 CITY OF COLUMBIA HEIGHTS - COUNCIL LETTER ITEM: Approve a Preliminary and Final Plat for the properties located at 317 37th Ave. NE., 3700 5th St. NE., and 450 38th Ave. NE, DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: / BY /DATE: Elizabeth Holmbeck, October 8, 2015 BY /DATE:. �- - BACKGROUND: On behalf of Dominium, Columbia Heights Leased Housing Associates has requested Preliminary and Final Plat Approval per Code Section 9.104 (L) and (M), for the vacant site located northeast of the 37th Avenue NE. and University Avenue NE. intersection. The site is currently comprised of three lots of record: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. The applicant is proposing to remove the existing lot lines, and re -plat the property to allow for a senior housing apartment building to be constructed on the site. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. The site is currently comprised of three properties which will be combined and re- platted. Once the Final Plat is approved, a new address will be issued for the property. The three properties are located in the Mixed Use Zoning District. Properties to the north and east are also zoned in the Mixed Use Zoning District. The properties to the east and west are zoned in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development. The City's Mixed -Use Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. RECOMMENDATION: The applicant came before the Planning and Zoning Commission on October 6th, 2015. The Planning and Zoning Commission voted unanimously to approve the Preliminary and Final Plat for the properties located at 317 37th Ave. NE., 3700 5th St. NE., and 450 38th Ave. NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2015 -65, there being ample copies available to the public. Motion: Move to adopt Resolution No.2015 -65, being a resolution approving a Preliminary and Final Plat for the properties located at 317 37th Ave. NE., 3700 5th St. NE., and 450 38th Ave. NE., subject to the following conditions: Huset Park Senior Living 246 City of Columbia Heights - Council Letter Page 2 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. ATTACHMENTS: Resolution No. 2015 -65 Planning Report Application Location Map Preliminary /Final Plat 247 RESOLUTION NO. 2015 -65 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary and Final Plat for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015 -1004) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Preliminary and Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall, THE APPLICANT SEEKS THE FOLLOWING: Preliminary and Final Plat Approval per Code Section 9.104 (L) (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat approval. They are as follows: (a) The Final Plat substantially conforms to the corresponding Preliminary Plat. (b) The Final Plat conforms to the requirements of City Code Section 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary and Final Plat Approval; and in granting approval the City and the applicant agree that the Plat shall become null and void if the project has not been completed within one (1) calendar year after the 248 City of Columbia Heights - Council Resolution Page 2 approval date, subject to petition for renewal. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval, In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. Passed this 12th day of October, 2015 Offered by: Seconded by: Roll Call: Attest: Katie Bruno, City Clerk /Council Secretary ORDER OF COUNCIL Gary L. Peterson, Mayor 249 CH HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2015 -1004 DATE: September 28, 2015 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Dominium /Columbia Heights Leased Housing Associates I, LLLP DEVELOPMENT: Huset Park Senior Living LOCATION: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. REQUEST: Preliminary /Final Plat Approval PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION On behalf of Dominium, Columbia Heights Leased Housing Associates has requested Preliminary and Final Plat Approval per Code Section 9.104 (L) and (M), for the vacant site located northeast of the 37th Avenue NE. and University Avenue NE. intersection. The site is currently comprised of three lots of record: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. The applicant is proposing to remove the existing lot lines, and re -plat the property to allow for a senior housing apartment building to be constructed on the site. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANCE The site is currently comprised of three properties. The three properties are located in the Mixed Use Zoning District. The properties to the north and east are also located in the Mixed Use Zoning District. The properties to the east and west are located in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Mixed -Use, Transit Oriented Development, The City's Mixed -Use Districts allow for residential, commercial, and institutional uses. The City's Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City's Comprehensive Plan. The vacant site will be 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. 250 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 2 redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. This is correct. (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat approval. They are as follows: (a) The Final Plat substantially conforms to the corresponding Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of City Code Section 9.115. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission approve the proposed Preliminary and Final Plat request made by Dominium on behalf of Columbia Heights Leased Housing Associates for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. 251 City of Columbia Heights Planning and Zoning Commission October 6, 2015 Planning Report Page 3 Motion: Move to waive the reading of Resolution No. 2015 -65, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Preliminary and Final Subdivision Plat for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. 4. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. ATTACHMENTS Resolution No. 2015 -65 Application Location Map Preliminary /Final Plat 252 CITY OF COLUMBIA HEIGHTS PRELIMINARY / FINAL SUBDIVISION PLAT APPLICATION To be filled out by City: CASE NO.: DATE RECEIVED: APPLIC. ORD.: 9 104(x) 9.1 04(L), 9 114(A) - 9.114(D) DATE LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: PRELIMINARY PLAT FINAL PLAT To be filled out by Applicant: PROPOSED NAME OF PLAT: Columbia Heights Leased Housing Associates I, LLLP Plat PROJECT ADDRESS /LOCATION: 3700 5th Street NE, Columbia Heights, MN 55421 - (final address to be determined) LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): attached as a separate page �— — PRESENT USE OF PROPERTY: vacant Land Site PROPOSED USE OF PROPERTY: High-Density Multifamily Housing REASON FOR REQUEST (please attach a written narrative describing yourrequest and justification for approval. The narrative must fully describe the proposal to insure its compatibility with surrounding uses and its consistency with Zoning requirements and the Comprehensive Plan.) Columbia Heights Leased Housing Associates I, LLLP APPLICANT PHONE 763.354.5656 FAX E -MAIL rmehl @dominiuminc.com PAGER CELL # ADDRESS 2905 Northwest Blvd., Ste. 150 CITY Plymouth STATE MN ZIP 55441 FEE OWNER OF PROPERTY Columbia Heights Leased Housing Associates 1, LLLP ADDRESS 2905 Northwest Blvd., Ste. 150 _— PHONE ! _ FAX CITY Plymouth STATE MN ZIP 55441 Page 1 of 2 253 CITY OF COLUMBIA HEIGHTS PRELIMINARY / FINAL SUBDIVISION PLAT APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED, ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Procedures Manual B. Application Checklist C, Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY PRELIMINARY PLAT APPLICATION A Plat submittals as required in the attached application checklist; showing how the property is to be subdivided. B. Two copies of a list of property owners within 350 feet of the subject property. ITEMS TO ACCOMPANY FINAL PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. APPLICATION FEES. A. $500.00 Preliminary Plat Fee + escrow B. $100.00 Final Plat Fee C. Park Dedication Fee D. City Sewer Availability Charge (SAC) E. City Water Availability Charge (WAC) F. Other TOTAL AMOUNT RECEIVED ^� CITY RECEIPT NUMBER DATE RECEIVED Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: __ 112015 A LICANT SI RE ____ DATE PROPtRTY OWNER SIGNATURE (if different from Applicant) DATE �.t i�� -1�.__ -col �-- i� ic�.,r.r� t _ ___ q � I ► 11.5. -.. __ COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 254 Development Site 0 395; lu 390 kJ- PARK r- _kOFTPL 0c, JOLLY L% NF 3 6 3 ST' -r3 —63 4TI z L 411 ORENDORF WAY NE T--I r- 7�1 S NAEGELE AVF NE NE 1% 1: =r r... -, '- , , � , - i X0 4 450 ---4 V 'g ZI 45 C& LOMIANKI LN NE 3 -- 38 14 e** vut 3-- z 3 h8l 3-8 _ _ 1 3 3 _a 3 3 aq 804 - Cf, 3foo a 3to 38TH AVE NE 38TH AVE NE I N I Ic 533 545 - - - - - -37TH AVE NE - 255 cis p i, �xZi oaCa Eo %r < N f"a \ E e a n J1 ? 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