HomeMy WebLinkAbout02-07-22 City Council Work Session Packet
CITY COUNCIL WORK SESSION
Mayor
Amáda Márquez Simula
Councilmembers
John Murzyn, Jr.
Connie Buesgens
Nick Novitsky
Kt Jacobs
City Manager
Kelli Bourgeois
City Hall—Council Chambers, 590 40th Ave NE
Monday, February 07, 2022
7:15 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and
entering meeting ID 897 0712 4225 or by Zoom at https://us02web.zoom.us/j/89707124225. For
questions please call the Administration Department at 763-706-3610.
CALL TO ORDER/ROLL CALL
WORK SESSION ITEMS
1. Reuter Walton/SACA Project Update
2. Rental License Revocation Process Overview
3. Public Safety Carpet and Paint
4. Youth Commission Applications Review
5. Crime Rate Discussion
6. Noise Ordinance Discussion
7. Fence Consortium Overview
8. Winter Parking Meeting Recap
9. Updates to the Solid Waste Operating Policy (SWOP)
10. 37th Avenue – Final Layout
11. MS4 Permit Requirements – Ordinance Updates
12. Council Agenda Community Forum Discussion
ADJOURNMENT
Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is
made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements.
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CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Reuter Walton/SACA Project Update
DEPARTMENT: Community Development BY/DATE: Aaron Chirpich – February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
X Economic Strength X Excellent Housing/Neighborhoods
X Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Over the past several months, staff has been working with Reuter Walton Development and Southern Anoka
Community Assistance (SACA) to refine the development plans for the vacant City owned site located behind
the Public Safety campus. The Council last discussed the project at length at the June 7, 2021 work session.
Since that work session, there has been significant headway made in moving the project forward. Staff would
like to update the Council on the progress that has been made in preparation for upcoming approvals related
to the project.
EASEMENT NEGOTIATIONS:
The City’s development parcel is currently encumbered by two easement agreements in favor of neighboring
properties. The first easement is a parking easement in favor of Crestview Senior Living which is located just
west of the development site. As part of the redevelopment of the Crestview property in 2022, the City
granted an easement for 11 parking spaces to Crestview to ensure adequate parking for the facility in
perpetuity. Staff is working to amend this parking easement by relocating the 11 spaces to a diffe rent City
owned parcel that is located just across the alley from the current parking easement area. The current parking
easement area is located in a portion of the site where the proposed SACA building will be located. Crestview
has expressed their support for making the amendment, and staff is working out the details with Crestview
management.
The second easement is a storm water and utility easement in favor of the Columbia Court Townhomes
property which is located just to the southeast of the development site. As part of the redevelopment of the
townhome site in 2001, the city granted an easement to allow storm water generated by the townhome site
to flood the City’s vacant development parcel during heavy rain events. Staff has worked out an agreement
with the owner of the townhomes to relocate the storm water easement area by building an underground
storage system that will accommodate the required capacity that is prescribed in the easement. This
easement area lies predominately over the Reuter Walton portion of the site. As such, Reuter Walton is
responsible for the construction of the underground storm water system that has been proposed. Staff has
worked with the townhome ownership and Reuter Walton to execute a memorandum of understanding
(MOU) that articulates the critical negotiation points related to the relocation effort. The MOU is attached to
this report. The critical components are as follows:
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Item 1.
City of Columbia Heights - Council Letter Page 2
The City will take over full maintenance and repair responsibility for the portion of the alley that serves
the townhome development. Currently the maintenance and repair costs are shared 50/50.
Two speed bumps will be installed in the alley near the townhomes to help calm the increased traffic
that is expected in the area with the new development. The speed bumps will be paid for by Reuter
Walton.
The legal fees associated with the townhome owners review of the easement documents will be paid
by Reuter Walton (up to $5,000).
METROPOLITAN COUNCIL GRANT:
In late 2021, the City was informed by the Metropolitan Council that the City is being awarded $1,232,000 in
grant funding through the Met Council’s Livable Communities Demonstration Account Development program
(LCDA). The funding will be used to support the joint project effort by funding activities related to storm water
infrastructure, landscaping, site grading, soil corrections, community engagement, and public art.
The LCDA grant program is meant to support projects that create livable communities t hrough expanding
housing choice, and connecting housing with jobs. The Metropolitan Council’s Housing Policy Plan calls for
local governments to adopt fair housing policies in order to be eligible to receive LCDA grants that support
housing development. Therefore, the City will be asked to consider the adoption of a Fair Housing Policy to
help ensure fair and equal housing opportunities for all residents of Columbia H eights. Staff has reviewed
several fair housing policies from peer cities to develop the attached draft policy that staff feels is suitable for
Columbia Heights. Staff will present the policy to the Council in February for formal approval by resolution.
REUTER WALTON FINANCING:
In June of 2021, the City received a request from Reuter Walton Development to issue tax-exempt bonds on
their behalf to support the construction of their proposed 62-unit affordable housing development. In
accordance with State Statutes, the City is authorized to develop and administer a housing program to provide
financing for the purpose of constructing new multi -family housing developments. Furthermore, State
Statutes provide that such programs for multi-family housing developments may be financed by revenue
bonds or obligations issued by the City. Therefore, Reuter Walton has requested that the City help to finance
their proposed project with the issuance of tax-exempt conduit revenue bonds in an aggregate principle
amount not to exceed $11,000,000. Bonds of this type are not an obligation of the City or its taxpayer s, rather
an obligation of the developer. Only project revenues of the developer, in this case, rent collected after
completion of the project would be pledged for repayment of the bonds. While the City must approve
issuance of the bonds and all bond documents, the transaction is largely handled by the private borrower and
the underwriter that serves as the initial purchaser of the bonds.
Reuter Walton, in partnership with the City submitted their first application for bond funding to Minnesota
Management and Budget (MMB) in July of 2021. This initial funding request was denied by MMB.
Subsequently, Reuter Walton and the City re-applied for funding in January of this year. On January 11, the
City was informed that the second application was successful. Reuter Walton will receive $9,886,800 in bond
funding from MMB. This funding represents their primary financing for the project which paves the way for a
spring 2022 construction start. Staff will work with the City’s bond/redevelopment counsel at Kennedy and
Graven to prepare for the bond issuance with formal approval scheduled to be complete by the end of May
2022.
In addition to the bond funding described above, Reuter Walton has requested that the City provide Tax
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Item 1.
City of Columbia Heights - Council Letter Page 3
Increment Financing to support the project. In January of 2022, the Economic Development Authority passed a
resolution of support to provide up to $680,000 of TIF assistance to the project over an approximate 15 year
term. The final TIF calculations are still ongoing. The City’s public finance c onsultant, Ehlers is reviewing the
proposed project; specifically the budget and pro forma for the apartments based on industry standards for
construction, land acquisition, and project costs. The formal TIF approval process is scheduled to conclude by
the end of March 2022.
ATTACHMENT(S):
Easement Exhibit
Draft MOU
Draft Fair Housing Policy
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Item 1.
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direct supervision and that I am a duly Licensed Land Surveyor
under the laws of the State of Minnesota.
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Item 1.
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Item 1.
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Item 1.
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Item 1.
City of Columbia Heights, Minnesota
Fair Housing Policy – February 14, 2022
1. Purpose/Vision
Title VIII of the Civil Rights Act establishes federal policy for providing fair housing throughout the United
States. The intent of Title VIII is to assure equal housing opportunities for all individuals. Furthermore,
the City of Columbia Heights, as a recipient of federal community development funds under Title I of the
Housing and Community Development Act of 1974, is obligated to certify that it will affirmative ly further
fair housing.
The City of Columbia Heights is committed to meeting this obligation, and has developed this Fair
Housing Policy to further that goal.
2. Fair Housing Policy Statement
It is the policy and commitment of the City of Columbia Heights to ensure that fair and equal housing
opportunities are granted to all persons in all housing opportunities and development activities funded
by the City regardless of race, color, creed, religion, gender, sexual or affectional orientation, marital
status, status with regard to public assistances, familial status, national origin, or disability. This shall be
accomplished through strong external policies that provide meaningful access to all constituents and fair
housing informational and referral services; and internal practices and procedures that do not
discriminate and affirmatively further fair housing.
3. External Practices
a. Intake and Referral
The City of Columbia Heights designates the Community Development Coordinator as
the responsible authority for the intake and referral of all fair housing complaints. At a
minimum, the Community Development Coordinator will be familiar with state and
federal fair housing laws, the complaint process for filing discrimination complaints, and
the state and federal agencies that handle said complaints. Records showing the date,
time, and nature of a fair housing complaint, as well as the decisions made regarding the
complaint process (referrals, information provided, etc.) and any follow up action will be
fully documented. The Community Development Coordinator will also monitor City
activities affecting fair housing and raise issues and concerns where appropriate.
b. Meaningful Access
i. Online Information. The City will display information about fair housing
prominently on its website. The website will include links to various fair housing
resources, including the Department of Housing and Urban Development,
Minnesota Department of Human Rights, Judicare of Anoka County, Inc., and
others. In addition, the City will link to state and federal fair housing complaint
forms and the State of Minnesota’s Olmstead Plan.
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Item 1.
ii. In-Person Information. Upon request, the City of Columbia Heights will provide
in-person fair housing information, including:
1. A list of fair housing enforcement agencies;
2. Fair housing complaint forms for enforcement agencies; and
3. Frequently asked questions regarding fair housing laws.
iii. Languages. The City of Columbia Heights is committed to providing information
in the native languages of its residents. Upon request, the City will make
reasonable accommodations to provide translation services.
4. Internal Practices
The City of Columbia Heights commits to the following steps to promote awareness and sensitivity to
fair housing issues in all of its government functions. The City will address issues related to Fair Housing
for these practices.
a. Staff Training: The City will train its staff and elected officials on fair housing
considerations.
b. Housing Analysis: The City will review its housing inventory periodically to examine the
affordability of both rental and owner-occupied housing to inform future City actions.
c. Code Analysis: The City will review its municipal code periodically, with specific focus on
ordinances related to zoning, building and occupancy standards, to identify any
potential for disparate impact or treatment.
d. Project Planning and Analysis: City planning functions and development review will
consider housing issues, including whether potential projects may perpetuate
segregation or lead to displacement of protected classes.
e. Community Engagement: The City will seek community input, particularly from
underrepresented populations of the community. Conversations regarding fair housing,
development, zoning, and land use changes may be facilitated by the City.
f. Affirmatively Furthering Fair Housing: As a recipient of federal funds, the City agrees to
participate in the Regional Analysis of Impediments, as organized by the regional Fair
Housing Implementation Council. The City will review the recommendations from the
analysis for potential integration into city planning documents, including the
Comprehensive Plan and other applicable documents.
Adopted by the City Council on February 14, 2022
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Item 1.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Rental License Revocation Process Overview
DEPARTMENT: Fire BY/DATE: Dan O’Brien, 2/7/2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength X Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Assistant Fire Chief Dan O’Brien will present an overview of the License Revocation process. Chief O’Brien and
City Attorney Jim Hoeft will answer Council’s questions regarding the process. The presentation will focus on
the revocation process but the attached document contains all of the licensing program workflows for the
Council’s review. The complete packet as well as additional information and recommendations regarding the
overall rental licensing program will be presented at the March work session.
STAFF RECOMMENDATION:
None. Informational presentation.
ATTACHMENT(S):
2022-02-07 Council Presentation Rental Licensing.pdf
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Item 2.
RENTAL LICENSING &
PROPERTY MAINTENANCE
Dan O'Brien, Assistant Fire Chief
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Item 2.
PROCESSES*
License Revocation Process
New License Process
License Renewal Process
License Approval Process
License Transfer Process
Illegal Rental Process
* Subject to change
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Item 2.
LICENSE REVOCATION PROCESS
Statement of Cause/
Public Hearing Notice
to Owner & Tenants
Property Posted
(Tenants Notified)
Letter to Council
and
Resolution
Public Hearing
date selected
Pre-Council
Inspection
(Inspection /late fee assessed)
Violations
Corrected?
YES
NO
Optional Additional
Inspection(s)
(fees assessed)
Violations
Corrected?
YES
Council
Hearing
NO
License
Revoked,
Suspended, or
Denied?
NO
YES
Other Council Action
- Table
- Provisional License
- License with
reasonable Conditions
45-Day
Notice to Vacate
Letters/Postings
Property Posted/
Placarded
45-day
Compliance
Period
Unlawful to Occupy
Letters/Postings
Property &
Owner/
Applicant meets
requirements
for
reinstatement
Citations Occupied? Status check
NO
YES
NO
YES YES
NO
Property &
Owner/
Applicant meets
requirements
for
reinstatement
YES
NO Property Posted/
Placarded
Reasons:
- Late/no Application
- Unpaid Fees
- Violations
Council License
Approval
Process
License
Reinstatement
Process
(Same as New Rental
License Process)
Issue Citation
through PD
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Item 2.
NEW LICENSE PROCESS
New License Packet
to Property Owner Inspection
Scheduled?
Inspection
Performed
Re-Inspection Violations
Corrected?
Licensing Process
(Prior to Occupancy of
property)
Violation Notice/
Compliance Orders
Mailed
Compliance
Period
Compliance
Period
Citation
YES NO
License Denial/
Revocation
Process
Issue Citation
through PD
Council
License
Approval
Process
Can Property
be rental?
(zoning,
revocation,
covenant, #
Units etc.)
Notice of Denial. Property
cannot be rental.
Can Applicant
hold a license?
Notice of Denial.
Ineligible to hold a
license.
NO
YES
NO
YES
Compliance
Due Date
All Fees paid?
Complete
Application
Accepted?
Violations?
NO
YES
Late Fee
NO
NO NO
YES
YES
YES
NO
YES
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Item 2.
45-60 Days
Optional Courtesy
Renewal Packet
Email
App In
Fees Paid
Inspection
Scheduled
Inspection
Performed
Violations?
15 day
Optional Reminder
Email
App In
Fees Paid
Inspection
Scheduled
App In
Fees Paid
Inspection
Scheduled
Re-Inspection Violations
Corrected?
YES
NO NO
NO
YES NO
YES
License
Expires
Late
Fee
Re-Licensing Process
(Prior to License Expiration)
30 day
Notice of Renewal
Mailed
YES YES
NO
Violation Notice/
Compliance Orders
Mailed
Compliance
Period
Application
Evaluation
Workflow
License
Revocation
Process
Council License
Approval
Process
Citation
YES
Issue Citation
through PD
NO
LICENSE RENEWAL PROCESS
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Item 2.
LICENSE APPROVAL PROCESS
Council License
Approval Process
Council Documents
generated Documents submitted
to City Clerk
City Clerk adds
to Agenda Council Meeting
Council packet
Generated
By City Clerk
License Issued
Council receives packet
for Review
Item
Considered/
Approved
NO
YES
License
Type
Choice
Provisional License Regular License Rental License with
Reasonable Conditions
Other Council Action
- Table
- Revoke
- Suspend
- Deny
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Item 2.
LICENSE TRANSFER PROCESS
Property Sold
Existing Active
Rental License
YES
NO
Property Occupied?
Letter to Applicant Cannot hold
a license in Hilltop
New Owner submits
Transfer App
< 10 days
YES
NO
Outstanding
Violations?
NO
YES
License
auto-terminates
Illegal Rental
Process
*Violations
corrected by new
Owner?
YES
NO
Applicant
Qualification & App
Evaluation
New Owner Meets
Requirements?
NO
YES
License Revocation
Process
Property due for
Inspection?
License Renewal
Process (App/Fees Only)
NO
YES
License Renewal
Process (App/Fees/
Inspection)
Notice to Council of license
termination?
NO
YES
Status Checks
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Item 2.
Discovery
Notice of License
Required /
Violation Notice-
Compliance Orders/
Affidavit of Non-rental
Unlawful to Occupy
Letters/Postings Citations Occupied? Status check
NO
YES YES
NO
Property &
Owner/ Applicant
meets
requirements for
reinstatement
NO
Property Posted/
Placarded
Issue Citation
through PD
Response
within
Compliance
Period?
YES
NO
New Rental
License Process
Affidavit
Returned
YES
NO
Rental?
YES
NO
Property is Single
Family.
Affidavit is filed.
ILLEGAL RENTAL PROCESS
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Item 2.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Consideration of carpet replacement, painting, office equipment removal and replacement and
cubical replacements and upgrades in the Fire Department and Police Department.
DEPARTMENT: Fire BY/DATE: Charlie Thompson 7 February 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _ Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
During the 2022 budget process, police and fire department staff conducted an analysis of equipment and
general office area replacement/repair needs. Carpet and paint updates topped the list of priorities for future
replacements. The fire department also ascertained the need for two additional cubicles in the front office to
accommodate an Inspector and a volunteer administrative assistant. Additional recommendations are
replacement of the current fabric on the cubicles to match the carpet and paint and Wayne’s coating or tile in
the kitchen and watch room to reduce damage to the walls. New carpet placement will require cubicle and
electrical wiring takedown and reassemble. We received quotes from General Office Products to remove all
office furniture, place in other areas until the carpet is replaced. Then replace the cubicles adding the
additional cubicles in the fire department for the additional staffing needs outlined previously.
ANNALYSIS:
General Office Products Company has previously provided the fire department and police department with
office furniture. Over the years, additional pieces of furniture have been purchased through GOP because of
the established rapport and also the ability to directly match the office furniture. Big Bob’s flooring outlet
provided the original carpeting and offers the lowest cost for the product and installation. Big Bob’s is flexible
with the installation date and time allowing coordination with the removal of the office furniture. Allen’s
Perfect Painting is the preferred contractor for the City due to the low cost of services and also the high
quality work performed in the past.
RECOMMENDED MOTIONS:
MOTION: Move to authorize the Police Department and the Fire Department to enter into an agreement
with the listed vendors and pricing for carpet and paint, furniture removal and reinstallation and cubical
upgrading and replacing in the public safety building utilizing budgeted amount from 411-42100 and 411-
42200 police and fire Capital Improvement General Government Buildings.
FIRE DEPARTMENT: 411-42200
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Item 3.
City of Columbia Heights - Council Letter Page 2
Offices hallways and bedrooms: Big Bob’s flooring. $10,534.00
Carpet for ½ of training room: Big Bob’s flooring. $4,046.00
Paint Fire Department: Allen’s Painting. $7,850.00
Add 2 works stations: General Office Products. $13,700.00
Move Office furniture in and out: General Office Products. $7,200.00
Tile and Wayne’s coating: TBD $1,700.00
Replace/upgrade material for cubes General Office Products. $6,352.00
TOTAL FIRE: $51,382.00
POLICE DEPARTMENT: 411-42100
Carpet for ½ of training room: Big Bob’s flooring $4,046.00
Move office furniture in/out General Office Products $11,516.00
Carpet Police Department Big Bob’s flooring $26,583.00
Paint Police Department Allen’s painting $8,100.00
TOTAL POLICE: $50,245.00
ATTACHMENT:
Fire Department proposal Allen’s Painting.
Quotation GOP Office cubical upgrades Fire department.
Quotation GOP Labor charges Police and Fire furniture removal and installation.
Estimate Big Bob’s Fire Department carpet instillation.
Estimate Bib Bob’s Police Department carpet instillation.
Estimate Big Bob’s Training room carpet replacement.
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Item 3.
CITY COUNCIL WORK SESSION
AGENDA SECTION
MEETING DATE 2/7/2022
ITEM: Youth Commission Applications Review
DEPARTMENT: Administration BY/DATE: 2/3/2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community X Diverse, Welcoming “Small-Town” Feel
Economic Strength Excellent Housing/Neighborhoods
Equity and Affordability Strong Infrastructure/Public Services
X Opportunities for Play and Learning X Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND
After the City Council approved the creation of a Columbia Heights Youth Commission in 2021, staff
encouraged area youth to fill out and submit an application by Jan 5, 2022, to join the commission in its first
term. By the initial deadline, we received five eligible applications, two fewer than the minimum attendance
number as laid out in City Code. The application deadline was extended two weeks and staff renewed efforts
to encourage submissions, which included making in-person recruitment pitches at area schools. We received
five more eligible applications for a total of 10 eligible applications (two additional applications were
disqualified due to out-of-town residential status). The proposed start date of the first Youth Commission
meeting was pushed back a month, to March 9, with official appointments scheduled for the Feb 14 City
Council meeting. The City Council received the 10 Youth Commission applications for review prior to the Feb 7
work session and for discussion at that meeting.
RECOMENDATION
Due to the limited number of applicants (10 fewer than the maximum number of members allowed on the
commission), staff recommends forgoing the standard interview process this year, while still moving forward
with application review and discussion. The Communications Coordinator and City Clerk recommend hosting a
Youth Commission meet-and-greet with Council either before the Feb 28 meeting or at the March 7 work
session, or both, after appointments are made official.
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Item 4.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Crime Rate Discussion
DEPARTMENT: Police BY/DATE: Chief Austin, February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Chief Austin will review current crime rates and trends. Handouts will be provided at the meeting.
ATTACHMENT(S):
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Item 5.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Noise Ordinance Discussion
DEPARTMENT: Police BY/DATE: February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Last fall there were issues with loud parties and noise complaints. At that time, the Council reviewed the
current ordinance and discussed some possible amendments. We will be revisiting that discussion now that
we are getting closer to the end of winter.
ATTACHMENT(S):
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Item 6.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Fence Consortium Overview
DEPARTMENT: Police BY/DATE: Chief Austin, February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Chief Austin will review the attached presentation regarding a fence consortium that has been established to
address securing public safety facilities. This is in furtherance of our Public Safety building security discussions.
ATTACHMENT(S):
PowerPoint Slides
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Item 7.
CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Winter Parking Meeting Recap
DEPARTMENT: Police and Public Works BY/DATE: February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
X Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Chief Austin and Kevin Hansen will provide a recap of the Winter Parking Public Meeting that was held and ask
the Council to provide feedback and direction.
ATTACHMENT(S):
34
Item 8.
CITY COUNCIL WORK SESSION
AGENDA SECTION
MEETING DATE FEBRUARY 7, 2022
ITEM: Updates to the Solid Waste Operating Policy (SWOP)
DEPARTMENT: Public Works BY/DATE: Kevin Hansen, Jesse Davies / February 3,
2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND: The current refuse hauling contract ends December 31, 2022. Although a two-year extension
is provided in the contract, staff will notify our current hauler, Waste Management that a new RFP will be
issued in 2022. The first step in this process is to review/update the Solid Waste Operating Policy, also known
as the SWOP, as it is the primary document that provides policy guidance for creating service vendor RFPs to
perform the work as directed. Staff will review the SWOP and the steps in the process with the Council at the
February work session.
To provide background and basic framework for the City of Columbia Heights organized refuse collection:
CITY CODE CHAPTER 4: MUNICIPAL SERVICES; ARTICLE VII: GARBAGE AND RECYCLING SERVICES
4.701 INTENT.
(A) It is the intent of the City Council to establish a system for the orderly and regular collection of garbage,
recyclables, problem materials, source separated organic materials and yard wastes in the city; to insure that
the disposal of the materials shall be accomplished in a sanitary manner; to ensure the protection of public
health and safety and promote city cleanliness and livability; to minimize vehicle wear and tear on streets due
to large truck traffic; to provide high quality solid waste and recycling services in the most cost-effective
manner possible; and, to be consistent with the requirements of the state statutes, state rules and Anoka
County ordinances, and with state and Anoka County solid waste plans.
(B) The City Manager or their designee shall have the authority to develop Solid Waste Management
Operating Policy (SWMOP) concerning days of collection, use, type and location of waste containers and other
matters as they deem necessary to provide for the safe, orderly and cost-efficient preparation, storage,
collection and disposal of all waste materials covered in this ordinance. These Operating Policies shall not be
contrary to this article. The City Council will approve the SWMOP and approve changes as required.
STAFF RECCOMENDATION: An updated SWOP is attached with recommended changes highlighted. All of the
changes proposed at this time are located in Section 2: GOALS AND PLANS. This section is for the City Council
to establish goals and future plans for how the city handles solid waste. The recommended changes are the
product of ideas/experience from residents, property owners, council members, and staff. The summary of
changes and explanations is listed below. 35
Item 9.
City of Columbia Heights - Council Letter Page 2
GOALS AND PLANS:
2.2.2 Establishes that the city intends to utilize locally owned / operated vendors as much as practical.
2.3 Goals: Clarifies the City’s ultimate goal is to meet the MN State Legislature’s goal to divert 75% of solid
waste disposal to recycling and other reuse means. There are various Metro Solid Waste Plan BMPs we are
integrating into the city goals and plans section to drive staff to continually look for opportunities to
implement them. The ultimate goal of the BMPs is to shift the service level to provide weekly recycling and
organics pickup to encourage households utilize only the smallest trash cart – this may provide that it only
needs to be emptied every-other-week.
2.4.1 Request for Proposals/Contracting (RFP): Add this section to provide more guidance for contracting
services. Each refuse line of service is truly a separate operation as different material cannot be cross loaded
onto the same truck and each type of material is delivered to separate processors. The proposed plan should
also help and encourage local vendors compete in the RFP and bid process. Smaller contracts will be easier to
enforce than one large contract (it would be nearly impossible to find a hauler to take over the entire
operation at once if the contract were cancelled). In addition, staff recommends staggering the service
contracts (lengths) to prevent all services from changing vendors at the same time.
The addition of the above paragraph changed the paragraph numbering from 2.4.1 (which is now 2.4.2) to
2.4.5 (which is now 2.4.6)
2.4.2 Trash: Added a line about utilizing alternate means to landfilling trash in the event a new process
becomes available in the future. Unfortunately there is currently no room for our trash at an incinerator
within feasible proximity, causing our trash to be landfilled.
2.4.3 Curbside Recycling: Added the BMPs to conduct weekly single-sort recycling collection and citywide
organics collection (i.e. added to the suite of base services vs. optional).
2.4.4 Recycling Center: Reworded the intent to expand items collected at the City’s recycle center.
2.4.5 Reuse: Reworded to provide clearer focus on the BMP for curbside collection of problem materials for
reuse/recycling. Also provides guidance for subsidizing bulk collections for only those items that can be
reused or recycled and proposing in the future items that must be trashed will be paid by properties as they
throw (mainly affects rental properties).
2.4.6 Promotions: Added a sentence to clarify translation expectations.
Sections 3 through 10 are operating instructions for staff, contractors , and residents to execute the council
goals and plans. The SWOP provides that the City Manager will update these sections before actual changes
to service occur as authorized in section 3.2. For example, the single-sort recycling RFP will request a bid for
current every-other-week collection, plus an alternate bid for weekly collection. If the council approves a
weekly contract the City Manager will update Section 5: Recycling.
CITY OWNED CARTS
Also note that staff recommends to include a separate RFP with refuse cart distributors instead of using
various hauler-provided carts. This will provide a consistent style (and lid color) of the carts and eliminate 36
Item 9.
City of Columbia Heights - Council Letter Page 3
the need for labels as the city logo and dedicated refuse phone number will be printed on the cart s. This
was already directed in the SWOP paragraph 3.5. The plan would be to replace carts as the current ones
wear out - estimating it will take 5 years to finish citywide.
RECOMMENDED MOTION(S):
MOTION:
ATTACHMENT(S): 2022 SWOP
37
Item 9.
City of Columbia Heights
Solid Waste Operating Policies*
* As Authorized by the 2018 Amendments to the
City Solid Waste Management Ordinances
January, 2018
City of Columbia Heights
Department of Public Works
637 38th Avenue
Columbia Heights, MN 55421
38
Item 9.
Contents
Introduction 1
Section 1 Definitions ............................................................................................................. 1
Section 2 Goals and Plans ..................................................................................................... 3
Section 3 General Operations ............................................................................................... 4
Section 4 Garbage Operations .............................................................................................. 5
Section 5 General Recycling Operations ............................................................................... 6
Section 6 Problem Materials (Bulk), Appliances, and Electronic Waste services. ................ 8
Section 7 Collection of Yard and Shrub Waste...................................................................... 9
Section 8 Collection of Source Separated Organics Comingled with Yard Waste, Every
Other Week Garbage Collection ........................................................................... 9
Section 9 Fees and Charges other than Utility Rates. ......................................................... 11
Section 10 Resolution of Disputes ........................................................................................ 11
Appendix: Refuse Services Matrix
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Item 9.
Page 1
Introduction
The City of Columbia Heights has developed these standards as specific requirements for the storage,
collection and transportation of residential solid waste. The goals of these standards are to:
Establish a system for the orderly and regular collection of garbage, recyclables, problem
materials, organics, and yard wastes in the city;
Ensure that the disposal of the materials shall be accomplished in a sanitary manner;
Ensure the protection of public health and safety and promote city cleanliness and livability ;
Minimize vehicle wear and tear on streets due to large truck traffic;
Provide high quality solid waste and recycling services in the most cost-effective manner
possible;
Be consistent with the requirements of the state statutes, state rules and Anoka County
ordinances, and with state and Anoka County solid waste plans; and,
Implement the City’s Garbage and Recycling Services Ordinance, Chapter 4 of the City’s code
of ordinances through detailed instructions.
To accomplish the above goals, it is important for the city to have specific and consistent instructions
for residents to follow as part of the waste and recyclables collection system. These standards do not
replace or supersede city ordinances. The City Manager’s authority for adopting or amending these
standards comes from Chapter 4: Municipal Services, Article VII: Refuse and Recycling Services.
These standards address:
Garbage, problem material, recyclables, yard waste and other waste collection and disposal
requirements;
Recycling programs; and,
Other collection system details that are part of the city’s garbage collection system.
Section 1 Definitions
All terms used within these standards shall have the same definition as the Garbage and Recycling
Services Ordinance 1646. For convenience, frequently used terms are listed and defined below:
1.1 Appliances include washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers,
humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large
household items that require electricity and/or special processing under Minnesota laws, but
do not include “electronic waste.”
1.2 Construction debris means building materials, packaging, and rubble resulting from
construction, remodeling, repair, and demolition of buildings .
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Page 2
1.3 Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section
115A.1310, subdivision 7 as a “covered electronic device” and includes items such as
television and computer monitors, computers, computer peripheral devices, fax machines,
DVD players, video cassette recorders, other video dis play devices, cell phones and other
small appliances with an electric cord.
1.4 Food waste means residential food waste and includes meal preparation and left over food
scraps from households intentionally separated at the source by residents for the purpose o f
backyard composting or separate collection.
1.5 Garbage/Trash has the meaning set forth in Minnesota Statues , section 115A.03, subdivision
21, mixed municipal solid waste, and means solid waste from residential, commercial,
industrial, and community activities that the generator of the waste aggregates for
collection, but does not include auto hulks, street sweepings, ash, construction debris,
mining waste, sludge, tree and agricultural waste, tires, lead acid batteries, motor and
vehicle fluids and filters, and other materials collected, processed, and disposed of as
separate waste streams.
1.6 Household hazardous waste has the meaning set forth in Minn esota Statutes, section
115A.96, subdivision 1, paragraph (b), and/or Minnesota Pollution Control Agency
regulations and means waste generated from household activities that exhibits the
characteristics of or that is listed as hazardous waste under agency rules, but does not
include waste from commercial activities that is generated, stored, or present in a household
and includes items such as paint, fluorescent light bulbs, mercury thermometers, cleaning
fluids, herbicides, pesticides, fertilizers and othe r waste as defined in Minnesota statutes or
regulations in that paragraph.
1.7 Premise, Premises shall mean any dwelling unit, building and every other place where any
person resides within the City, including properties with more than one dwelling unit and
properties with premises attached to retail or commercial structures.
1.8 Problem materials means all large, bulky household materials which are too large for one
person to pick up and/or do not fit within the garbage cart, and include (but are not limited
to) carpeting and padding, mattresses, chairs, couches, tables, appliances and household
electronic waste.
1.9 Residential dwelling unit (dwelling unit) is a separate dwelling place with a kitchen.
1.10 Solid waste(s) has the meaning set forth in Minnesota Statutes, section 116.06, subdivision
22(1)(9) but is further defined for purposes of this ordinance to include garbage, recyclables,
appliances, problem materials, organics, yard waste, and household hazardous waste items.
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Page 3
Section 2 Goals and Plans
2.1 Background: The Minnesota Pollution Control Agency (MPCA) is mandated by the state
legislature to recycle 75% of solid waste by 2030. The MPCA approved the latest version of
the Metro Solid Waste Policy April 2017. In the document they specify numerous R BMPs
(Recycling Best Management Practices) including organics recycling and bulk recycling.
They are expecting and have been encouraging counties and cities in the metro area to begin
implementing some of these RBMPs. The MPCA manages the SCORE (Select Committee On
Recycling and the Environment) funds and distributes it to the counties.
2.2 Organized Collection:
2.2.1 It is the intent of the City Council to continue an organized collection system for the orderly
and regular collection of garbage, recyclables, problem materials, source separated organic
materials, yard waste, and other wastes in the city; to insure that the disposal of the materials
shall be accomplished in a sanitary manner; to ensure the protection of public health and safety
and promote city cleanliness and livability; to minimize vehicle wear and tear on streets due to
large truck traffic; to provide high quality solid waste and recycling services in the most cost-
effective manner possible; and, to be consistent with the requirements of the state statutes, state
rules and Anoka County ordinances, and with state and Anoka County solid waste plans.
2.2.2 It is the intent of the City Council to utilize local (NEED DEFINITION) vendors for collection
and processing of solid waste as much as is feasible.
2.3 Goals: The main goal of Columbia Heights Solid Waste Management is to reduce trash
disposal, especially since the City pays separately by the ton for disposal. The more the city
recycles the fewer trash tons and lower costs. By implementing some of the RBMPs the City
expects to increase recycling tonnage 1 2% over the next two years meet the MN State
Legislators’ goal of diverting 75% of solid waste from the trash stream.
2.4 Solid Waste Management Plan.
2.4.1 Request For Proposals/Contracting: The city will create a separate hauling contract for each
curbside refuse service i.e. regular household trash, single -sort recycling, compost (yard
waste/organics), and problem materials collection. The contract timelines will be staggered so
contracts will not be renewed at the same time.
2.4.2 Trash: The City will follow county and state waste management plans and policies for disposal
of solid wastes. Therefore, most of the trash collected by the City’s organized system will be
incinerated at a Refuse to Fuel facility to generate electricity or other alternate means to
landfilling.
2.4.3 Curbside Recycling: The City of Columbia Heights will provide full service recycling programs
with various city run curbside collections including: Weekly unlimited single-sort recycling,
Citywide Organics comingled with yard waste recycling, Bulk (furniture, mattresses, carpet)
reuse/recycling, Electronics recycling, Appliance recycling, Christmas tree recycling, Multi -
dwellings included, plus City buildings and events recycling.
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2.4.4 Recycling Center: The City, in partnership with a local volunteer service organization, will
operate a weekly drop-off center which is very convenient for Southern Anoka County residents
to keep hazardous materials out of the waste and for recycling of special items that are not
acceptable in the single sort system. The city will also use the center as a “test site” to work
with the MRF (Materials Recovery Facility) to increase the materials allowed in single sort
recycling. The City will continue to expand materials collected at the center to include plastics
beyond the single-sort cart, cell phones, and small appliances as becomes feasible to do so. A
local volunteer service organization will also conduct the MN Composting Council’s "Plate to
Garden Compost" fundraiser at the recycling center to promote organics recycling and to return
fresh compost for participating households.
2.4.5 Reuse: The City will also coordinate with local reuse vendors such as Southern Anoka
Community Assistance for drop-off of clothing and other household goods. Plus we will
coordinate with the DAV to partner with several multi-dwellings for collection of those items.
The City will separate problem material (bulk, DIY demo) collection to its own hauling contract
and require these items to be reused and/or recycled to the extent possible. The city will
subsidize recycling costs, but require properties to pay for trash disposal of bulky material as
they throw. The City will also assist local volunteer service organizations with organizing
reuse events such as Fix-it Clinic, and the Citywide Garage Sale program weekend. A local
volunteer service organization and BRIDGING may also assist with the bulk collection and
reuse/recycling program.
2.4.6 Promotions/Education: The City will conduct extensive promotions including two citywide
flyers and direct outreach to multi and other rental properties (including tenant recycling kits).
Plus we will produce localized publications for spring/fall cleaning and garage sale reuse and
recycling information. The City will promote recycling through its own entire communication
means monthly. The city will translate recycling information for the top two languages in the
city. The City is offering a 30 gallon every-other-week trash service option in conjunction with
organics recycling, plus there will be an educational requirement as well so the City may also
help coordinate an Anoka County Master Recycler Course. The City may also require
residential rental properties to add tenant recycling expectations to the lease agreement . The
City will recognize those Recycling Champions who’s properties increase recycling and/or
utilize the organics recycling service.
Section 3 General Operations
3.1 Services Required: Every Residential Premise shall use the collection service provided by the
City as directed in City Code CHAPTER 4: MUNICIPAL SERVICES. Multi-dwellings are
considered residential properties for the purpose of refuse operations, but other split use
properties with both dwelling units and commercial units can opt out of the City provided
refuse services.
3.2 Policy Changes: The City manager has the authority to change portions of this policy for
those operations that will have a financial effect under their limit of spendi ng and remains
within budget constraints. The Council can review and update at their discretion or for
financial changes above the City Manager limits. The City will solicit bids for contracted
services at the end of each agreement period.
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3.3 Schedule Notification: Collection shall occur on days and in areas designated by the City.
Schedule changes may be made for major holidays, or for adverse weather conditions. The
City will post a news flash on the website and social media for unscheduled service delays.
Collection days may only be permanently modified with the prior approval of the City
Manager. The City shall notify each premise of any change in collection day four (4) weeks
before the change and again one (1) week befo re the change.
3.4 Collection Points: Directed per City Code CHAPTER 8: PUBLIC HEALTH AND SAFETY, except
as otherwise described in this policy. Properties must have their containers set out for
collection prior to 6:00 a.m. on the collection day for service. Property owners shall ensure
obstructions are removed and hazards (such as accumulation of snow and ice) are mitigated
before collection. Where these conditions exist refuse may no t be collected until resolved.
3.5 Containers: The City shall provide each residential dwelling property with a garbage cart (30,
60, 90 gallon) or dumpster (2, 4, 6, 8 yards) and a clearly distinguished single-sort recycling
container. All containers shall be handled in accordance with City Code CHAPTER 4:
MUNICIPAL SERVICES. Any markings that appear on the outside of the carts or dumpsters
that are not placed there by the hauler or the City shall be promptly removed by the
customer. The City shall own the carts; residents are granted exclusive use of the carts at
their address only. If a resident moves, the carts shall remain at the assigned premise.
3.6 Service Changes: Official changes will be made through the City and the hauler will be
notified. If temporary discontinuation of collection is desired by the premise due to vacancy
of the property, the request shall be made to the City. Approval or denial of the request
shall be at the sole discretion of the City.
3.7 Customer Service: The contract hauler and other refuse vendors will perform customer
service operations as dictated in contracts and agreements as supervised by the City.
Section 4 Garbage Operations
4.1 Organized Collection: The City organizes collection of Solid Waste for all residential
properties as directed by City Code CHAPTER 4: MUNICIPAL SERVICES. The City reserves the
discretion to add other service locations (non-municipal) as agreed to by Council resolution.
4.2 Vendors: Contracted haulers and other refuse vendors will follow the duties and
performance standards for garbage/trash operations as dictated in contracts and
agreements as supervised by the City.
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4.3 Trash Requirements. Each residence shall have its garbage and all other permissible
disposable items collected a minimum of once each week, per City Code 8.301 STORAGE
CONTAINERS, except as otherwise noted in this policy. Only household garbage shall be
placed in the garbage containers. Items prohibited from disposal with garbage in the carts
include, but may not be limited to: problem materials, tree and shrub waste, other yard
waste, automotive parts or fluids, electronic waste, or hazardous waste. Garbage must be
handled according to CHAPTER 8: PUBLIC HEALTH AND SAFETY . If the hauler determines a
trash container is too contaminated with non-disposable materials, service will not be
provided, nor will a refund be authorized. Collection of materials can be provided by the
contracted hauler when issues are resolved.
4.4 Service Levels: There are also two classifications of household trash services which are “Full
Service” and “Limited Service”. Households are considered triplex and below dwelling unit
properties. Multi-dwellings are those properties with four or more dwelling units. City
utility charges for trash service will be volume based following MN Statute CHAPTER 115A.
WASTE MANAGEMENT.
4.4.1 Full Service: Full service households are those who pay for the 90 gallon trash cart service,
plus senior service properties with any size cart. They are allowed up to 1.5 yards of
additional amounts of solid waste such as stone, sod, earth, concrete, and building materials
resulting from minor remodeling of the residence on the property at which these materials
have been placed. Where practicable, such items will be bagged, boxed, or bundled. Premise
will call the contracted hauler to schedule pick up before placing the material outside. See
Refuse Service Matrix (attachment A) for other city refuse services provided to full service
households.
4.4.2 Limited Service: Limited Service properties are not allowed extra material outside of the 60 or
30 gallon cart. See Refuse Service Matrix (attachment A) for other city refuse services
provided to limited service households.
4.5 Multiple Dwelling: The contracted hauler shall provide each multiple dwelling (four and more
units) premise with at least one standard dumpster (if not serviced by carts) and provide
collection at a minimum of once/week. Multiple dwelling premises may not have extra
garbage or waste outside of the provided cart or dumpster, except for problem materials.
See Refuse Service Matrix (attachment A) for other city refuse services provided to multi-
dwelling properties.
Section 5 General Recycling Operations
5.1 Vendors: Contracted haulers and other refuse vendors will follow the duties and
performance standards for recycling operations as dictated in contracts and agreements as
supervised by the City.
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5.2 Requirement to Recycle: The City is required to provide all residents the ability to recycle a
basic set of materials as set out in MN Statue 115A.552 OPPORTUNITY TO RECYCLE;
therefore the City’s basic refuse service package includes single -sort recycling. Single sort
recyclable materials generated from premises will be collected a minimum of once every-
other-week, except for multi-dwellings which will have weekly collection. All properties can
order larger or additional containers, plus households can place additional recyclable
materials outside of the cart when bagged (paper bags only NO plastic bags) or boxed in a
manner that meets the contracted hauler specified procedures. General recycling utility rate
will be flat based on living quarter units and not charged on volume or weight.
5.3 Recycling Standards: Recyclable materials included as part of the city’s single-sort recycling
system will be consistent with the designate d MRF (i.e. sorting plant) requirements, except
items by agreement with the City and the MRF to study methods for increasing the materials
allowed. Recyclable materials are to be clean, and kept as dry as practicable. If the hauler
determines a recycling cart is too contaminated with non-recyclable materials, service will
not be provided, nor will a refund be authorized. Collection of recycling materials can be
provided by the contracted hauler when issues are resolved.
5.4 Rental Properties: The City will require residential rental properties to add tenant recycling
expectations to the lease agreement. The City will provide rental properties with tenant
recycling kits and advise upon request.
5.5 Recognition: The City will recognize those Recycling Champions whose properties increase
recycling and/or utilize the organics recycling service on an annual basis.
5.6 City of Columbia Heights Recycling Center.
5.6.1 Operations: The Recycling Center will operate according to City Code CHAPTER 4: MUNICIPAL
SERVICES. The center will be open on Saturdays except for major holiday weekends.
5.6.2 Materials: The City’s recycling drop-off center will be used to provide convenience for disposal
of certain hazardous wastes, but also recyclable items not accepted in the single sort system.
All items collected curbside will also be collected at the Recycling Center with the addition of
scrap metal, used oil, oil filters, fluorescent bulbs, string lights, household batteries, and
rimless tires.
5.6.3 Illegal Activities: Residents must leave only acceptable items or will be considered illegal
dumping subject to penalties described in city ordinances and laws. No one may remove
items dropped off for the Recycling Center as it becomes the property of the City, unless
authorized by City staff. If persons do not leave the Recycling Center, when asked by the
monitor, they will be reported for trespassing on City property.
5.6.4 Volunteers: The City will work with a non-profit service organization to monitor the Recycling
Center and provide assistance to residents at the center. The organization shall be paid
$3,000/year plus rebates for material value collected at the Recycling Center. The non-profit
organization must provide their own insurance for members performing this activity and
indemnify the City of their operations.
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5.6.5 Other Activities: The Recycling Center will also be used by a local service organization to
package and distribute fresh compost to the community, plus to promote organics recycling.
The non-profit organization must provide their own insurance for members performing this
activity and indemnify the City of their operations.
Section 6 Problem Materials (Bulk), Appliances, and Electronic Waste services.
6.1 Vendors: Contracted haulers and other refuse vendors will follow the duties and
performance standards for special material handling as dictated in contracts and agreements
as supervised by the City.
6.2 Bulk (furniture, mattresses, carpet): The City will provide a convenient curbside collection to
properly dispose of problem materials (bulk). See the Refuse Service Matrix for service level
information. The designated vendor must collect the items within three business days.
Problem materials will be collected where determined by the property owner. All items
must have come from the property where collected i.e. no items from other premises.
6.2.1 Recycling: The City will arrange for reuse or recycling of items before disposing with the trash .
Premises must keep problem materials inside, or otherwise protected from rain/snow until
collection. In addition, furniture, mattress, and bed springs that are known to be
contaminated by bedbugs or other vermin must be securely bagged or wrapped to prevent
infestation of other persons or property. If materials are wet or infested items are not sealed,
the property will pay for disposal of the items. Premises must call the designated vendor to
schedule the special service.
6.2.2 Service Organization: The City may utilize a volunteer service organization as a subcontractor
to the contracted hauler for collection and recycling of bulk materials. The non-profit
organization must provide their own insurance for members performing this activity and
indemnify the City of their operations.
6.3 Appliances: The City will provide a convenient curbside collection to properly recycle
appliances. See the Refuse Service Matrix for service level information. Premises must call
the designated vendor to schedule the special service and follow City Code 5A.205 to li mit
hazards to children. All items must have come from the property where collected i.e. no
items from other premises.
6.4 Electronics: The City will provide a convenient curbside collection to properly recycle
electronic waste. See the Refuse Service Matrix for service level information. Premises
must call the designated vendor to schedule the special service. All items must have come
from the property where collected i.e. no items from other premises.
6.5 Other Reuse: Reduction of trash through reuse operations and events: The City will sponsor
or partner with local service organizations for reuse events such as Fix-It Clinic and the
Citywide Garage Sale day. The City will also produce packets of local reuse vendors and
options for residents to utilize when conducting spring and fall cleaning to reuse or recycle
household goods and clothing. The City will also organize collection of those items from
multi-dwelling buildings. The non-profit organizations must provide their own insurance for
members performing this activity and indemnify the City of their operations.
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Section 7 Collection of Yard and Shrub Waste.
7.1 Vendors: Contracted haulers and other refuse vendors will follow the duties and
performance standards for yard waste handling as dictated in contracts and agreements as
supervised by the City.
7.2 Requirement to Collect: The City will provide a convenient curbside collection to properly
recycle yard waste to assist property lawn care, plus to keep yard waste off the street and
down the storm drain which causes problems with street flooding and pollution of lakes and
rivers. Therefore the City’s basic refuse service package includes yard waste collection.
7.3 Container Standards: Must follow City Code CHAPTER 4: MUNICIPAL SERVIC ES. Those who
choose to use the City provided cart will not need to bag or bundle the yard waste.
Household owned reusable containers will not be used to contain yard waste for collection
by the designated hauler due to worker safety concerns and liabili ty of handling private
containers.
7.4 Composability: Yard waste materials included as part of the City’s yard waste program will be
consistent with the designated Yard Waste/Organics Recycling Facility (i.e. the composter)
requirements. Brush must be bundled in manageable 3 -foot lengths not to exceed an 18"
roll. Woody yard waste not collected by the hauler i.e. tree limbs, stumps, and roots greater
than four (4) inches in diameter must be transported to a properly permitted and licensed
tree waste transfer or handling facility, such as the Anoka County Bunker Hills site, by the
property owner. Christmas trees will be collected when the property schedules it after the
holiday season. If the hauler determines yard waste is too contaminated with non -
compostable materials, service will not be provided, nor will a refund be authorized.
Collection of yard waste can be provided by the contracted hauler after issues are resolved.
Section 8 Collection of Source Separated Organics Comingled with Yard Waste,
Every Other Week Garbage Collection
8.1 Vendors: Contracted haulers and other refuse vendors will follow the duties and
performance standards for organics handling and composting as dictated in contract s and
agreements as supervised by the City.
8.2 Yard Waste/Organic Cart: The City will provide a convenient curbside collection to properly
recycle organics by utilizing a dual purpose cart for both yard waste and organics (food
scraps and food soiled paper). Premises can request the cart plus will receive a free kitchen
starter kit and the required bags for disposal from the City. Apartment buildings and condos
can order also, townhomes will be offered small organic carts as well. Duplexes can share
one yard waste/organics cart. An organics cart service fee will be charged. Collection will
occur weekly on the same day as garbage during the yard waste season, and every -other-
week in the winter. Yard waste comingled with organics in City provided carts will be
collected on the curb during the season, except properties where it is physically challenging
due to the landscape of the front yard, then it will be collected in the alley. Organics will be
collected in the alley during the winter for all properties with alleys; otherwise organics is
collected at the curb.
48
Item 9.
Page 10
8.3 Organics Standards: All food waste must be securely contained in a BPI -Certified
compostable bag and disposed of in the City provided carts only. Organics materials
included as part of the City’s organics recycling program will be consistent with the
designated Organics Recycling Facility (i.e. the composter) requirements. Paper plates,
bowls, cups, dinnerware must have the BPI-Certificate on the packaging in order to compost
it. Comingled yard waste must meet the standards stated in Section 7 of this policy. If the
hauler determines a yard waste/organics cart is too contaminated with non -compostable
materials, service will not be provided, nor will a refund be authorized. Collection of organic
materials can be provided by the contracted hauler when issues are resolved.
8.4 Low Volume Trash: The City will authorize 30 gallon limited service garbage carts with every-
other-week (EOW) garbage service; 30 gallon, EOW garbage collection must be combined
with organics collection. In addition, households must attend a City-provided recycling class
for information on how to reduce trash and maximize recycling . Approval or denial of the
request shall be at the sole discretion of the City.
49
Item 9.
Page 11
Section 9 Fees and Charges other than Utility Rates.
9.1 Bulk collection and disposal. Limited service properties pay per item fees based on the
designated hauler rates.
9.2 Unacceptable Bulk. Bulk that is wet or infested, and not properly sealed, will pay per item
fees based on the designated hauler rates.
9.3 Properties will pay for additional appliances, over the one free per year, based on the
designated hauler rates.
9.4 All properties will pay a flat $20 electronics pickup fee when service is scheduled.
9.5 Yard Waste/Organic cart service fee is $2.50 per month for households that sign up for the
service. Multi-dwellings will pay $2.50 for the cart plus $2.00 for a yard waste fee, which
they are not currently charged.
9.6 Low volume trash service as defined in section 8.4 of this Policy: 30 gallon limited service
collected every-other-week collection charge is $10.00 per month.
Section 10 Resolution of Disputes
10.1 Contractor: If there is a dispute between the customer and the Contractor regarding
expenses related to poor service or damages caused by the Contractor’s actions, resident
and/or property owner shall file a claim with the Contractor as the City is indemnified by
contract from their operations.
10.2 City: If there is a dispute between the customer and the City regarding poor service and the
City’s utility charge for refuse they can file a claim including any and all evidence related to
the dispute (photographs, neighbor’s statements, etc.). The City may only deduct from the
next utility bill the affected time period of the poor service.
10.3 Fines: Administrative fines imposed by the City can be appealed to the City Council and
further in District Court if the property owner and/or resident seek additional remedy.
50
Item 9.
Page 1
51
Item 9.
CITY COUNCIL WORK SESSION
AGENDA SECTION
MEETING DATE FEBRUARY 7, 2022
ITEM: 37th Avenue – Final Layout
DEPARTMENT: Public Works BY/DATE: Kevin Hansen / February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND: Attached is the final layout plan for the 37 th Avenue Reconstruction from Central Avenue to
Stinson Boulevard, including 37th Place from 37th Avenue to Stinson Boulevard. The plan closely matches what
was previously presented to the Council following public input last spring and the update in Septembe r. The
project had some delays since September focusing on the layout at Central Avenue and for Minneapolis to
complete their advisory commission and Council approvals. The final design will include:
11 foot single lane in each direction with a 2 foot curb reaction area for 13 foot total lane width.
10 foot trail on the north side with a 9 foot boulevard.
New 6 foot concrete sidewalk on the south side with a 9 foot boulevard.
Three lane configuration at Central Avenue adding a dedicated right turn lane for WB.
Green infrastructure in the boulevard areas for storm water treatment utilizing tree trenches or
similar.
Large block retaining walls on the north side to accommodate the trail.
Raised concrete medians provided at various street intersections to provide pedestrian safe haven for
crossing 37th Avenue.
Raised medians at bus stops to prevent opposed lane bypassing by vehicles when buses are stopped.
Full signal replacements at Central Avenue and Johnson Street.
Trail extension on 37th Place connecting the existing trail on Stinson Boulevard to the new trail on 37 th
Avenue.
Work on utilities will be completed in 20 22 by each respective City including structural lining of our water
main and Xcel Energy moving/shifting the power poles. Additional design features such as street lighting and
other site landscaping will be more fully developed during final design. Each city will also be preparing
feasibility reports and conducting a public hearing for the 429 process this fall.
RECOMMENDED MOTION(S): None – informational.
MOTION:
ATTACHMENT(S): 37th Avenue Final Layout Plan 52
Item 10.
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4.5' BOULVARD
6' SIDEWALK
6' MEDIAN
11' LANE (W/ 1' AND 2' CURB REACTION)
4.33' BOULEVARD
6' SIDEWALK
11' LANE (W/ 1' AND 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
CUT THROUGH
MEDIAN TO PROVIDE
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11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
ALLEYWAY RECONSTRUCTION
6' MEDIAN
11' LANE (W/1' AND 2' CURB REACTION)
4.33' BOULEVARD
6' SIDEWALK
11' LANE
(W/ 1' AND 2' CURB REACTION)
4.33' BOULEVARD
10' SHARED USE TRAIL
RETAINING WALL
11' LANE (W/ 2' CURB REACTION)
12' THRU LANE (W/ 2' CURB REACTION)
10' LEFT TURN LANE
10' THRU LANE
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(W/ 1' AND 2' CURB REACTION)
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE PATH
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11' LANE (W/ 2' CURB REACTION)
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FILE NO.
DATE:
156807 37TH AVENUE NORTHEAST
RECONSTRUCTION
PROJECT
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LEGEND
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
6' MEDAIN
11' LANE (W/ 1' AND 2' CURB REACTION)
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6' SIDEWALK
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
CONSIDER RAISED CROSSING
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11' LEFT TURN LANE
11' RIGHT TURN/THRU LANE (W/ 2' CURB REACTION)
6' BOULEVARD
6' SIDEWALK
11' LEFT TURN LANE
11' RIGHT TURN/THRU LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
RETAINING WALL
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
6' MEDIAN
53
Item 10.
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TOP VALUE LIQUOR
SPEEDWAY
11' LANE (W/ 1' AND 2' CURB REACTION
10.5' BOULEVARD (ACCESSIBLE BOARDING
AREA AND FUTURE BRT STOP)
10' SHARED USE TRAIL
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11' LANE (W/ 1' AND 2' CURB REACTION)
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CONNECT TO EXISTING TRAIL SYSTEM
NEW RAILROAD
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NEW RAILROAD
CROSSING PANELS
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TRAIL OFFSET TO CROSS TRACK
AS SQUARE AS POSSIBLE
CONSIDER RAISED CROSSING DURING FINAL DESIGN
RE-STRIPE 37TH AVE EAST OF STINSON BLVD
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
11' SHARED TURN LANE
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
12' LANE (W/ 2' CURB REACTION)
12' LANE (W/ 2' CURB REACTION)
BOULEVARD VARIES (MAX 9')
10' SHARED USE TRAIL
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
11' PAINTED MEDIAN
11' LEFT TURN LANE
11' RIGHT TURN/THRU LANE
(W/ 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
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BOARDING AREA
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DATE:
156807
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37TH AVENUE NORTHEAST
RECONSTRUCTION
PROJECT
POTENTIAL GREEN STORMWATER
INFRASTRUCTURE LOCATION
TURF
ROADWAY
CONCRETE SIDEWALK/MEDIAN/DRIVEWAY
SHARED USE PATH
SIGNALIZED INTERSECTION
METRO TRANSIT STOP
LEGEND
11' LANE (W/ 1' AND 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
6' MEDIAN
11' LANE (W/ 1' AND 2' CURB REACTION
9' BOULEVARD (W/ ACCESSIBLE BOARDING AREA)
6' SIDEWALK
11' LANE (W/ 1' AND 2' CURB REACTIONS)
9' BOULEVARD (W/ ACCESSIBLE BOARDING AREA)
10' SHARED USE TRAIL
8' PARKING BAY
6' MEDIAN
11' LANE (W/ 1' AND 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
11' LEFT TURN LANE
11' RIGHT TURN/THRU LANE (W/ 2' CURB REACTION)
9' BOULEVARD
6' SIDEWALK
11' LANE (W/ 2' CURB REACTION)
9' BOULEVARD
10' SHARED USE TRAIL
CONSIDER RAISED CROSSING
DURING FINAL DESIGN
4' BOULEVARD
54
Item 10.
CITY COUNCIL MEETING
AGENDA SECTION WORK SESSION
MEETING DATE FEBRUARY 7, 2022
ITEM:
MS4 Permit Requirements – Ordinance Updates
DEPARTMENT: Public Works BY/DATE: Kevin Hansen 2/03/2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability X_Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND: The City of Columbia Heights has been a MS4 (Municipal Separate Storm Sewer System) City
since 2003. As an MS4, we are required to submit a permit for the operation of our storm sewer system to the
Minnesota Pollution Control Agency, MPCA, which includes a Storm Water Pollution Preven tion Program, or
SWPPP. Permits are valid for 5 year periods and must be renewed prior to or at the end of the permit cycle.
We submitted the 4th generation of our MS4 permit in 2020. A copy of our Storm Water Plan and SWPPP is on
the City website and located here:
https://www.columbiaheightsmn.gov/departments/public_works/swppp.php
As noted in recent budget reviews with the City Council and in past work sessions, eac h cycle of the MS4
permitting process has become more involved requiring a higher level of effort by staff to meet the
requirements of the permit. This new cycle again has additional requirements and is more involved related to
staff effort. As indicated in the June 2021 update to the Council, the new permit requires several ordinance
changes. To meet the requirements of the new statewide permit, the following ordinance amendments to
update the city code are recommended:
CHAPTER 8: PUBLIC HEALTH AND SAFETY
ARTICLE I: ANIMALS
Article 1 is attached with the recommended change identified in red. The change is a requirement in the new
permit to require animal owners to clean up after their pets on public property.
ARTICLE VII: SURFACE DRAINAGE CONNECTIONS AND DISCHARGES
Article 7 is attached with the recommended change identified in red. The introduction of salt storage facilities
and how salt is stored and used, and where facilities may be located in the City is now a requirement of the
new permit. This applies to all industrial/commercial/institutional facilities, including the City.
55
Item 11.
City of Columbia Heights - Council Letter Page 2
CHAPTER 9: LAND USE
ARTICLE I: ZONING AND LAND DEVELOPMENT
Article 1 is attached with the recommended change identified in red. Clarifying descriptions were added to
define which type of storm water permit is referred to or discussed in the code language. The definition of the
threshold for when a storm water management plan was also updated. The section on erosion control was
also changed to add ‘waste control’ within the storm water management plan.
Staff recommends scheduling the first reading of Ordinance Amendments amending Chapters 8 and 9 of the
City code for February 14th, 2022
RECOMMENDED MOTION(S):
MOTION:
ATTACHMENT(S): City Code Section Chapter 8, Article I
City Code Section Chapter 8, Article VII
City Code Section Chapter 9, Article I
56
Item 11.
ARTICLE I: ANIMALS
Section
8.101 Regulations
8.102 Impoundment
8.103 Destruction
8.104 Quarantine
8.105 Penalty
§ 8.101 REGULATIONS.
(A) Rabies vaccination required. A person who owns, harbors, or keeps a dog over six
months old within the city must have the dog vaccinated by a licensed veterinarian with an
anti-rabies vaccine that is currently effective. A vaccination certificate is valid only for the
dog and owner to which it is issued. A person must not use a rabies vaccination certificate
for a different dog than the one for which it was issued.
(B) Tags. A person who owns, harbors, or keeps a dog over six months old within the city
must securely attach an identification tag or plate to the dog’s collar so that it can be readily
seen. The tag or plate must contain the name and telephone number of the owner or other
person who is keeping the dog. The identification tag or plate must be worn by the dog at
all times when it is off the owner’s or keeper’s property.
(C) Limit on number of cats and dogs. Because the keeping of four or more dogs or four
or more cats in the family dwelling unit or on the family premises is subject to great abuse,
causing discomfort to persons in the area by way of smell, noise, hazard, and general
aesthetic depreciation, and because the irresponsible maintenance of four or more dogs or
four or more cats within a residential area has been the source of a variety of complaints,
no family or family member shall keep, harbor, or have custody of more than three dogs, or
more than three cats, or a combination of more than five animals exceeding six months in
age in the family dwelling unit or on the family premises.
(D) The owner or custodian of any animal permanently or temporarily in the city shall
have the obligation and responsibility to prevent such animal from committing any act
which constitutes a public nuisance, which shall include, but not be limited to, the following
acts:
(1) Habitually or frequently bark or cry to the annoyance of neighbors or the general
public.
(2) Molest or annoy any person if such person is not on the property of the owner or
custodian of such animal.
(3) Molest, defile, or destroy any public or private property not belonging to the owner
or custodian of such animal.
(4) Defecate upon public property without immediately removing the excrement and
disposing of it in a sanitary manner.
(54) Chase vehicles or otherwise run at large within the city.
(E) (1) The City of Columbia Heights will follow the provisions of M.S. Chapter 347 as it
relates to dangerous and potentially dangerous dogs.
57
Item 11.
(2) The City of Columbia Heights may impose additional requirements to the owners of
potentially dangerous dogs, including all requirements listed for dangerous dogs.
(F) No person who is the owner or has custody of any animal shall beat, treat cruelly,
torment or otherwise abuse or abandon such animal. No person who is the owner or has
custody of any animal shall fail to provide such animal with sufficient, good and wholesome
food and water, proper shelter and protection from the weather, veterinary care when
needed to prevent suffering, or with humane care and treatment.
(G) Exceptions. The provisions of § 8.101.(D)(4) do not apply to a guide dog accompanying
a blind person, a service dog accompanying a disabled person, or a dog while engaged in
police or rescue activity.
(`77 Code, § 8.102) (Am. Ord. 1005, passed 7-12-82; Am. Ord. 1658, passed 1-27-20)
Penalty, see § 8.105
§ 8.102 IMPOUNDMENT.
(A) The city shall have the authority to impound any animal in such manner and under
such conditions and circumstances as prescribed by this section:
(1) The Council may enter into a contract with any qualified person, firm or
corporation to be designated as the City Poundmaster, whose duties shall be to enforce the
provisions of this section.
(2) The city shall provide an adequate facility within or in close proximity to the city,
where all animals taken into custody shall be kept and cared for until disposed of according
to the provisions of this section.
(B) The City Poundmaster may impound any animal where there is reasonable cause to
believe said animal:
(1) Exhibits ferocious or vicious tendencies;
(2) Constitutes a public nuisance as defined in § 8.101(D);
(3) Has bitten a person; or
(4) Is not displaying the proper tag listed in the provisions of § 8.101.
(C) When the ownership of the animal is known, or can be determined, the Poundmaster
shall provide notice to the owner within 24 hours of the impoundment by the means
available to them.
(D) Any animal impounded pursuant to the provisions of this section shall be kept for
not less than five regular business days unless reclaimed prior to that time by their owner
as provided hereafter. The owner of any impounded animal may reclaim the same upon
payment to the Treasurer or Poundmaster of an impounding fee as set by resolution of the
Council, and the payment of such daily boarding fees as shall be determined by the Council
for such time as the animal has been confined. The Poundmaster shall not release any
animal subject to the vaccination requirement in § 8.101 without proof of current anti-
rabies vaccination.
(E) Any animal which is unclaimed by the rightful owner within the prescribed time may
be sold to anyone desiring to purchase said animal, if not requested by a licensed
educational or scientific institution under state law.
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(1) All sums received in excess of costs shall be held by the Treasurer for the benefit of
the owner. If not claimed within one year, such funds shall be placed in the general fund of
the city.
(2) Any animal which is not disposed of as provided above shall be painlessly killed
and buried by the Poundmaster.
(F) Nothing in this code shall prevent the Poundmaster from disposing of any animal in
less than the prescribed time if such animal is injured and, in the opinion of the
Poundmaster, the only humane act would be disposing of the animal.
(`77 Code, § 8.103) (Am. Ord. 1535, passed 9-8-08; Am. Ord. 1658, passed 1-27-20)
§ 8.103 DESTRUCTION.
(A) A court of proper jurisdiction may order the destruction of any animal, or may order
the owner or custodian to keep said animal confined to a designated place, upon a hearing
as hereinafter provided.
(1) A summons shall be issued to the owner of said animal commanding him to appear
before said court and show cause why said animal should not be seized by the
Poundmaster or otherwise disposed of in the manner authorized by this chapter. Said
summons shall issue upon sworn complaint that any of the following facts exist:
(a) That the animal has destroyed property or habitually trespassed in a damaging
manner on the property of persons other than the owner.
(b) That the animal has attacked or bitten a person outside the owner’s or custodian’s
premises.
(c) That the animal is vicious or exhibits vicious or ferocious tendencies, or molests
pedestrians, or interferes with vehicles on public streets or highways.
(d) That the animal is a public nuisance as heretofore defined; or
(e) That the animal is running at large in violation of this chapter.
(2) Such summons shall be returnable not less than two, nor more than six days from
the date thereof and shall be served at least two days before the time of appearance
mentioned therein.
(3) The court shall make findings of fact regarding the allegations of the sworn
complaint.
(B) The costs of any proceeding brought pursuant to this section shall be assessed
against the prevailing party. The remedies provided by this section are supplemental to
other provisions of this chapter.
(C) Any animal which presents a clear and immediate danger to city residents because it
is infected with rabies (hydrophobin) or because it is of a clearly demonstrated vicious or
ferocious nature, may be summarily destroyed after the Poundmaster has made reasonable
attempts to impound such animal.
(`77 Code, § 8.104) (Am. Ord. 1658, passed 1-27-20)
§ 8.104 QUARANTINE.
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(A) No person shall own, keep, harbor or have custody of any animal over six months of
age within the city which does not have a current anti-rabies vaccine provided by a
qualified veterinarian.
(B) (1) The City may quarantine any animal which bites a person for such time as is
directed. During the quarantine, the animal shall be securely confined and kept from
contact with any other animal.
(2) The place of quarantine may be on the premises of the owner in the discretion of
the Chief of Police or designee. Confinement shall otherwise be at an animal shelter or a
veterinary hospital, at the expense of the owner of such animal.
(`77 Code, § 8.105) (Am. Ord. 1658, passed 1-27-20) Penalty, see § 8.105
§ 8.105 PENALTY.
Any person, firm, or corporation who violates the provisions of this article shall be
punished as provided in § 1.999.
(`77 Code, § 8.106) (Am. Ord. 1658, passed 1-27-20)
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ARTICLE VII: SURFACE DRAINAGE CONNECTIONS AND DISCHARGES
Section
8.701 Purpose
8.702 Definitions
8.703 Compliance
8.704 Prohibited discharges
8.705 Inspections
§ 8.701 PURPOSE.
The purpose of this article is to implement regulations that will aid the city in limiting and
reducing the inflow of rainwater (or clear water) into the sanitary sewer system. The
article will be utilized to minimize the overflow problem resulting from the lack of capacity
of the sanitary sewer system to handle large amounts of rainwater. Other sources of inflow
and infiltration are discharges of water from rooftops; surface water, groundwater sump
pumps, footing tiles, swimming pools, or other natural precipitation sources that may flow
into the city sewer system and potentially cause flooding or overloading of the city’s
sewage system. When clear water is discharged into the sanitary sewer system it is treated
at the sewage treatment plant. This results in added expenses for the city. The City of
Columbia Heights, therefore, finds it in the best interest of the city to prohibit such
discharges into the sanitary sewer system in order to protect and maintain the health and
property of its residents.
(Ord. 1472, passed 7-12-04)
§ 8.702 DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
AREA DRAIN. A receptacle designed to collect and convey surface or storm water to the
drainage system.
BEST MANAGEMENT PRACTICES (BMPs). The schedules of activities, prohibitions of
practices, general good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm
water conveyance systems that are identified and adopted by the city. BMPs also include
treatment practices, operating procedures, and practices to control site runoff, spillage or
leaks, sludge or water disposal, or drainage from raw materials storage.
CLEARWATER. Any surface flow, runoff, and drainage that does not contain any
hazardous substance or sewage. This includes, but is not limited to, NPDES permitted
discharges, storm water and water from foundation and footing drains and basement sump
pumps.
COMBINED SEWER. A sewer that must handle flow of both sanitary wastewater and
storm water in a single pipeline.
COMBINED SEWER OVERFLOW (CSO). Occurs when excessive amounts of rainfall enter a
sanitary sewer system. The result is a volume of rainwater and sanitary wastewater, which
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exceeds the system’s capacity. Combined rainwater and sewage is forced to overflow into
area streams and rivers through outfalls.
HAZARDOUS SUBSTANCES. Materials which may cause or contribute to a substantial
hazard to human health, safety, property or the environment based upon its quantity,
concentration, physical, chemical, or infectious nature. These may include:
(1) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid,
solid or gas.
(2) Any waters containing toxic or poisonous solids, liquids, or gases in sufficient
quantity, either singly or by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals, or create any hazard
in the receiving waters or the wastewater treatment plant.
(3) Any waters or wastes having a pH lower than 5.5, or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and personnel of
the wastewater works.
ILLICIT CONNECTION. Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system, including but not limited
to, any conveyances which allow any non-storm-water discharge, including sewage,
process wastewater, and wash water, to enter the storm drain system, and any connections
to the storm drain system from indoor drains and sinks, regardless of whether the drain or
connection had been previously allowed, permitted, or approved by the city; or any drain
or conveyance connected from a commercial or industrial land use to the storm drain
system which has not been documented in plans, maps, or equivalent records and
approved by the city.
ILLICIT DISCHARGE. Any direct or indirect non-storm-water discharge to the storm drain
system, except exempted in § 8.704.
LIQUID WASTE. The discharge from any fixture, appliance, or appurtenance that does not
receive fecal matter.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). The system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) owned and operated by the city, and
designed or used for collecting or conveying storm water, and is not used for collecting or
conveying sewage.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER
DISCHARGE PERMIT. A permit issued by the Environmental Protection Agency (or by a
state under authority delegated pursuant to 33 U.S.C. § 1342(b)) that authorizes the
discharge of pollutants to waters of the United States, whether the permit is applicable on
an individual, group, or general area.
NON-STORM-WATER DISCHARGE. Any discharge to the storm drain system that is not
composed entirely of storm water.
OWNER. The person who is listed as property owner or taxpayer by Anoka County.
POLLUTANT. Anything which causes or contributes to pollution. POLLUTANTS may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, and accumulations, so that
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same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
RUNOFF. Precipitation and other surface drainage that is not infiltrated into or otherwise
retained by the soil, concrete, asphalt, or other surface upon which it falls.
SANITARY SEWER SYSTEM. Pipelines, pumping stations, force mains, and all other
construction devices, and mechanical devices used for conveying sewage or industrial
waste or other wastes to a point of ultimate disposal.
STORM DRAIN SYSTEM. The publicly-owned facilities by which storm water is collected
or conveyed, including but not limited to, any roads with drainage systems, municipal
streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and
detention basins, natural and human-made or altered drainage channels, reservoirs, and
other drainage structures.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP). A document which describes
the best management practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site, and the actions to eliminate or
reduce pollutant discharges to storm water, storm water conveyance systems, and/or
receiving waters to the maximum extent practicable.
WASTEWATER. Any water or other liquid, other than uncontaminated storm water,
discharged from a facility.
STORM WATER. Any surface flow, runoff, and drainage consisting entirely of water from
any form of natural precipitation.
(Ord. 1472, passed 7-12-04; Am. Ord. 1618, passed 2-9-15)
§ 8.703 COMPLIANCE.
(A) Compliance with other codes and laws. Compliance with the provisions of this
article does not release a person from any responsibility to comply with any other law or
regulation, whether federal, state, or local.
(B) Conflict. In the event that the provisions of the chapter shall conflict with any
Minnesota statute or any federal statute, the Minnesota statute or federal statute shall
govern to the extent of any direct conflict.
(C) Violations. Any person who violates any provision of this article shall be guilty of an
ordinance violation and subject to punishment and penalties as set forth in § 8.705(E).
(Ord. 1472, passed 7-12-04)
§ 8.704 PROHIBITED DISCHARGES.
(A) Prohibited discharges.
(1) Sanitary sewer. No clear water from any roof, surface, groundwater, sump pump,
footing tile, swimming pool, or other buildings or structures which require, because of
infiltration of water into basements, crawl spaces, and the like, a sump pump discharge
system shall have a permanently installed discharge line which shall not at any time
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discharge water into the sanitary sewer system. No person shall discharge, or cause to be
discharged, hazardous substances to any public sewers.
(2) Storm drain system.
(a) No person shall throw, drain, or otherwise discharge, cause, or allow others under
its control to throw, drain, or otherwise discharge into the storm drain system any
pollutants or waters containing any pollutants, other than storm water.
(b) The following discharges are exempt from discharge prohibitions established by
this article:
1. Water line flushing, landscape irrigation, diverted stream flows, rising ground
waters, uncontaminated ground water infiltration, uncontaminated pumped ground water,
discharges from potable water sources, foundation drains, air conditioning condensation,
irrigation water, springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water;
2. Discharges or flow from firefighting, and other discharges, authorized by the city
in writing, that are necessary to protect public health and safety;
3. Discharges associated with dye testing; however, this activity requires verbal
notification to the city prior to the time of the test;
4. The prohibition shall not apply to any non-storm-water discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the federal Environmental Protection Agency,
provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and further provided that
written approval has been granted for any discharges to the storm drain system.
(B) Illicit connections.
(1) The construction, use, maintenance or continued existence of illicit connections to
the storm drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in
the past, regardless of whether the connection was permissible under the law or practices
applicable or prevailing at the time of the connection.
(3) A person is considered to be in violation of this chapter if the person connects a line
conveying sewage to the storm drain system, or allows that connection to continue.
(4) Improper connections in violation of this article must be disconnected and
redirected, if necessary, to an approved onsite wastewater management system or the
sanitary sewer system upon approval of the city.
(5) Any drain or conveyance that has not been documented in plans, maps or
equivalent, and which may be connected to the storm sewer system, shall be located by the
owner or occupant of that property, upon receipt of written notice of violation from the city
requiring that such locating be completed. The notice will specify a reasonable time period
within which the location of the drain or conveyance is to be determined, that the drain or
conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall
location or point of connection to the storm sewer system, sanitary sewer system or other
discharge point be identified. Results of these investigations are to be documented and
provided to the city.
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(C) Disconnection.
(1) Before August 1, 2004, any person having a yard drain, roof surface, tile, or
swimming pool now connected and/or discharging into the sanitary sewer system shall be
disconnected or removed. Any disconnections or openings in the sanitary sewer system
shall be closed or repaired in an effective, workmanlike manner, as approved by the Public
Works Director or his or her designated agent.
(2) Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of
the sale of a dwelling, the seller must request that the sump pumps and drain tiles be
inspected by the city visually and/or by smoking, to ensure that they are not connected in
any manner to the sanitary sewer system. If the city determines that the sump pump or
drain tile is illegally connected to the sanitary sewer system, the situation must be
corrected before the unit is considered in compliance to be sold.
(D) Manner of disconnection.
(1) The disconnection shall be accomplished by a complete and permanent method and
performed in a competent manner. Any disconnection, plugging, capping, rerouting,
altering, or modifying must be done in accordance with all applicable state and city
building codes.
(2) A permanent installation shall be one which provides for year-round discharge
capability to either the outside of the dwelling, building, or structure, or is connected to city
storm sewer or discharge through the curb and gutter to the street. It shall consist of a rigid
discharge line, without valving or quick connections for altering the path of discharge, and
if connected to the city storm sewer line, shall include a check valve and air gap located in a
small diameter structure.
(E) Industrial or construction activity discharges.
(1) Any person subject to an industrial or construction activity NPDES storm water
discharge permit shall comply with all provisions of such permit. Proof of compliance with
the permit may be required in a form acceptable to the city prior to the allowing of
discharges to the MS4.
(2) The operator of a facility, including construction sites, required to have an NPDES
permit to discharge storm water associated with industrial activity shall submit a copy of
the notice of intent (NOI) to the city at the same time the operator submits the original
notice of intent to the Environmental Protection Agency as applicable.
(3) The copy of the notice of intent may be delivered to the city, either in person or by
mailing it to:
Notice of Intent to Discharge Storm Water
City of Columbia Heights
590 40th Avenue NE
Columbia Heights, MN 55421
(4) A person commits an offense if the person operates a facility that is discharging
storm water associated with industrial activity, without having submitted a copy of the
notice of intent to do so to the city.
(F) Salt storage at commercial, industrial, and institutional facilities.
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(1) Indoor operations for the storage of deicing materials must be provided whenever
possible in order to prevent such material from being affected by rain, snow, or melt
water.
(2) All salt, sand, and other deicing materials stored outdoors must be covered at all
times. When not using a permanent roof, a waterproof impermeable, flexible cover must
be placed over all storage piles. The cover must prevent runoff and leachate from being
generated by the outdoor storage piles. The cover must be secured to prevent removal by
wind or other storm events. Piles must be formed in a conical shape and covered as
necessary to prevent leaching.
(3) Facility siting.
(a) The facility must be in close proximity to the area in which the deicing
materials are to be used, if practical.
(b) Each facility must be located outside of floodplains and follow the Shoreline
Ordinance for specified [distance[ML1]s] from lakes, rivers, streams, ditches, storm drains,
manholes, catch basins, wetlands, and any other areas likely to absorb runoff. A facility
must not be located in close proximity to surface water features, water supplies, wells or
drywells.
(c) A facility must be located on impermeable surfaces.
(d) The property’s slope must be away from the facility’s salt, deicer, and sand
storage area.
(e) Salt vulnerable natural areas should be avoided as storage facilities to the
extent possible. Where they cannot be avoided, specific measures should be instituted to
protect vulnerable areas. Salt vulnerable areas include, but are not limited to:
(i) Areas with salt sensitive vegetation
(ii.) Areas serving as a source of drinking water (surface water and
groundwater)
(iii.) Areas with bodies of water with low dilution, low volume, or salt
sensitive species
(iv.) Areas associated with groundwater recharge zones or shallow water
table, with medium to high permeable soils.
(4) Snow Piles. Snow piles must be located downslope from salt and deicer storage
areas to prevent the snow melt from flowing through storage areas and carrying material
to the nearest drainage system or waterway.
(5) Deicer Truck Wash Water. Deicer and salt-containing truck wash water must be
captured, treated, and recycled for use as salt-brine in pre-wetting and anti-icing
activities.
(6) Transfer of materials. Practices must be implemented in order to reduce exposure
(e.g., sweeping, diversions, and/or containment) when transferring salt or other deicing
material.
(GF) Watercourse protection. Every person owning or occupying premises through
which a watercourse passes, shall keep and maintain that part of the watercourse within
the premises free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner or occupant shall maintain existing privately owned structures within
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or adjacent to a watercourse so that they will not become a hazard to the use, function, or
physical integrity of the watercourse.
(HG) Notification of spills.
(1) Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible for emergency response for a facility or operation, has
information of any known or suspected release of materials resulting in, or that may result
in, illegal discharges or pollutants discharging into storm water, the storm drain system, or
waters of the state, that person shall take all necessary steps to ensure the discovery,
containment, and cleanup of that release. In the event of the release of hazardous
materials, that person must immediately notify emergency response agencies of the
occurrence via emergency dispatch services. In the event of a release of nonhazardous
materials, that person shall notify the city no later than the next business day. Notifications
in person or by phone shall be confirmed by written notice addressed and mailed to the
city within three business days of the personal or phone notice. If the discharge of
prohibited materials originates from an industrial establishment, the owner or operator of
the establishment shall also retain an on-site written record of the discharge and the
actions taken to prevent its recurrence. These records must be retained for at least four
years.
(Ord. 1472, passed 7-12-04; Am. Ord. 1618, passed 2-9-15)
§ 8.705 INSPECTIONS.
(A) Inspection.
(1) Sanitary sewer.
(a) Every person owning improved real estate that discharges into the city’s sanitary
sewer system shall allow a city employee, or a designated representative of the city, to
inspect the building to confirm that there is no sump pump or other prohibited discharges
into the sanitary system. In lieu of having the city inspect their property before the sale of a
dwelling, the property owner may furnish a certificate from a licensed plumber, certifying
that the property is in compliance with this section.
(b) Any person refusing to allow their property to be inspected, or refusing to furnish
a plumber's certificate within 21 days of the date city employee(s), or their designated
representatives, are denied admittance to the property, shall immediately become subject
to the surcharge hereinafter provided for. Any property found to violate this article shall
make the necessary changes to comply with the article, and furnish proof of the changes to
the city.
(2) Storm drain system. The city shall be permitted to enter and inspect facilities
subject to regulation under this article, as often as may be necessary to determine
compliance with this article.
(a) The owner or party responsible shall allow the city ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying of records that
must be kept under the conditions of an NPDES permit to discharge storm water, and the
performance of any additional duties as defined by state and federal law. Any temporary or
permanent obstruction to safe and easy access to the area to be inspected or sampled shall
be promptly removed by the discharger at the request of the city, and shall not be replaced.
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(b) If the city employee or representative of the city has been refused access to any
part of the premises from which storm water is discharged, and he or she is able to
demonstrate probable cause to believe that there may be a violation of this article, or that
there is a need to inspect and/or sample, as part of a routine inspection and sampling
program designed to verify compliance with this article, or any order issued hereunder, or
to protect the overall public health, safety, and welfare of the community, then the city
employee or representative of the city may seek issuance of a search warrant from any
court of competent jurisdiction.
(c) The city may require the discharger to install monitoring equipment or other such
devices as are necessary, in the opinion of the city, to conduct monitoring or sampling of
the premises storm water discharge. The monitoring equipment must be maintained by
the discharger in a safe and proper operating condition at all times. All devices used to
measure storm water flow and quality must be calibrated to ensure their accuracy.
(B) New construction. All new dwellings that are permitted to install a sump pump after
June 1, 2004, shall have a pump that is piped to the outside of the dwelling before a
certificate of occupancy is issued. New homes will be required to have their sump pump
system inspected within 30 days of occupancy, and a certificate of compliance must be
completed before the property owner may occupy the property.
(1) Incentives. Property owner reimbursement and fees related to the program will be
set by resolution.
(2) Surcharge. A surcharge of $100 per month is hereby imposed on every utility bill
accrued on or after January 1, 2005, to property owners who are not found to be in
compliance with this section, or who have refused to allow the city to inspect the
property. The surcharge will be added to the property owner’s utility billing until the
property is found to be in compliance.
(C) Warning notice. When the city finds that any person has violated, or continues to
violate, any provision of this article, or any order issued hereunder, the city may serve
upon that person a written warning notice, specifying the particular violation believed to
have occurred, and requesting the discharger to immediately investigate the matter, and to
seek a resolution whereby any offending discharge will cease. Investigation and/or
resolution of the matter in response to the warning notice in no way relieves the alleged
violator of liability for any violations occurring before or after receipt of the warning
notice. Nothing in this division shall limit the authority of the city to take any action,
including emergency action or any other enforcement action, without first issuing a
warning notice.
(D) Notice of violation.
(1) Whenever the city finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, the authorized enforcement agency may order compliance by
written notice of violation to the responsible person.
(2) The notice of violation shall contain:
(a) The name and address of the alleged violator;
(b) The address when available, or a description of the building, structure or land
upon which the violation is occurring, or has occurred;
(c) A statement specifying the nature of the violation;
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(d) A description of the remedial measures necessary to restore compliance with this
article and a time schedule for the completion of the remedial action;
(e) A statement of the penalty or penalties that shall or may be assessed against the
person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the city by
filing a written notice of appeal within three days of service of notice of violation; and
(g) A statement specifying that, should the violator fail to restore compliance within
the established time schedule, the work will be done by a designated governmental agency
or a contractor, and the expense thereof shall be charged to the violator.
(3) The notice may require without limitation:
(a) The performance of monitoring, analyses, and reporting;
(b) The elimination of illicit connections or discharges;
(c) That violating discharges, practices, or operations shall cease and desist;
(d) The abatement or remediation of storm water pollution or contamination hazards
and the restoration of any affected property;
(e) Payment of a fine to cover administrative and remediation costs; and
(f) The implementation of source control or treatment BMPs.
(E) Suspension of MS4 access.
(1) When the city finds that any person has violated, or continues to violate, any
provision of this article, or any order issued hereunder, or that the person’s past violations
are likely to recur, and that the person’s violation(s) has (have) caused or contributed to an
actual or threatened discharge to the MS4 or waters of the United States, which reasonably
appears to present an imminent or substantial endangerment to the health or welfare of
persons or to the environment, the city may issue an order to the violator, directing it
immediately to cease and desist all such violations, and directing the violator to:
(a) Immediately comply with all article requirements; and
(b) Take such appropriate preventive action as may be needed to properly address a
continuing or threatened violation, including immediately halting operations and/or
terminating the discharge.
(2) Any person notified of an emergency order directed to it under this division shall
immediately comply and stop or eliminate its endangering discharge. In the event of a
discharger's failure to immediately comply voluntarily with the emergency order, the city
may take such steps as deemed necessary to prevent or minimize harm to the MS4 or
waters of the United States, and/or endangerment to persons or to the environment,
including immediate termination of a facility’s water supply, sewer connection, or other
municipal utility services.
(F) Penalties.
(1) Any person found to be violating any provision of this article shall be served by the
city with written notice, stating the nature of the violation, and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall, within the period of time
stated in the notice, permanently cease all violations.
(2) In the event that the owner fails to correct the situation within the given time
period, the city may correct it and collect all costs, together with reasonable attorneys’ fees,
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or in the alternative, by certifying the costs of correction as any other special assessment
upon the land from which the correction of the violation was made.
(3) Any person that has violated or continues to violate this chapter shall be liable to
criminal prosecution to the fullest extent of the law, and shall be subject to a criminal
penalty of $1,000 per violation per day and/or imprisonment for a period of time not to
exceed 90 days. The authorized enforcement agency may recover all attorneys’ fees, court
costs, and other expenses associated with enforcement of this chapter, including sampling
and monitoring expenses.
(G) Winter discharge.
(1) The Director of Public Works, and his or her designee, shall issue a permit to allow
a property owner to discharge surface water into the sanitary sewer system. The permit
shall authorize the discharge only from November 1 to March 30 of each year, and a
property owner is required to meet at least one of the following criteria in order to obtain a
permit:
(a) The freezing of the surface water discharge from sump pump or footing drain is
causing a dangerous condition, such as ice buildup or flooding, on public or private
property.
(b) The property owner has demonstrated that there is a danger that the sump pump
or footing drain pipes will freeze up and result in either failure or damage to sump pump
unit of the footing drain and cause basement flooding.
(c) The water being discharged from the sump pump or footing drain cannot be
readily discharged into a storm drain or other acceptable drainage system.
(2) Following ten days’ written notice and an opportunity to be heard, the City
Manager may require a property to discharge its sump pump into the sanitary sewer from
November 1 to March 30, if surface water discharge is causing an icy condition on streets.
(H) Disclaimer. The city does not guarantee or imply that areas will be free from
flooding or flood damages caused by inflow and infiltration. The city does not assume a
specific duty as to individual property owners to enforce this article, but is enacting the
article as a general regulation. This article shall not create liability on the part of the city or
its offices or employees for any flood damage that may result from failure to comply with
any portion of this article, or any administrative decisions made pursuant thereto,
whatever the cause.
(Ord. 1472, passed 7-12-04; Am. Ord. 1538, passed 3-10-08; Am. Ord. 1618, passed 2-9-15)
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CHAPTER 9: LAND USE
Article
I. ZONING AND LAND DEVELOPMENT
ARTICLE I: ZONING AND LAND DEVELOPMENT
Section
9.101 Purpose, authority and jurisdiction
9.102 Rules of construction
9.103 Definitions
9.104 Administration and enforcement
9.105 Nonconformities
9.106 General development standards
9.107 Specific development standards
9.108 General district provisions
9.109 Residential districts
9.110 Commercial districts
9.111 Industrial districts
9.112 Mixed-use development district
9.113 Planned Unit Development District
9.114 Overlay districts
9.115 Public and Open Space District
9.116 Subdivision regulations
§ 9.106 GENERAL DEVELOPMENT STANDARDS.
(I) Storm water management.
(1) Purpose. The purpose of this division is to promote, preserve and enhance the
natural resources within the city and protect them from adverse effects occasioned by
poorly sited development or incompatible activities by regulating land alterations or
development activities that would have an adverse and potentially irreversible impact on
water quality and unique and fragile environmentally sensitive land; by minimizing
conflicts and encouraging compatibility between land alterations and development
activities and water quality and environmentally sensitive lands; and by requiring detailed
review standards and procedures for land alterations or development activities proposed
for such areas, thereby achieving a balance between urban growth and development and
protection of water quality and natural areas.
(2) Definitions. For the purposes of this section, the following terms, phrases, words,
and their derivatives shall have the meaning stated below. When not inconsistent with the
context, words used in the present tense include the future tense, words in the plural
number include the singular number, and words in the singular number include the plural
number. The word “shall” is always mandatory and not merely directive.
APPLICANT. Any person who wishes to obtain a building permit, preliminary plat
approval or an excavation permit.
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CONTROL MEASURE. A practice or combination of practices to control erosion and
attendant pollution.
DETENTION FACILITY. A permanent natural or man-made structure, including
wetlands, for the temporary storage of runoff which contains a permanent pool of water.
EXCAVATION ACTIVITIES. Any excavation or filling activity as regulated by § 9.106(J).
FLOOD FRINGE. The portion of the floodplain outside of the floodway.
FLOODPLAIN. The areas adjoining a watercourse or water basin that have been or
may be covered by a regional flood.
FLOODWAY. The channel of the watercourse, the bed of water basins, and those
portions of the adjoining floodplain that are reasonably required to carry and discharge
floodwater and provide water storage during a regional flood.
HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the
growing season to develop anaerobic conditions in the upper part.
HYDROPHYTIC VEGETATION. Macrophytic plantlife growing in water, soil or on a
substrate that is at least periodically deficient in oxygen as a result of excessive water
content.
LAND ALTERATION. Any change of the land surface including, but not limited to,
removing vegetative cover, excavating, filling, grading, and. the construction of utilities,
roadways, parking areas and structures.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits
under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of
Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
PERSON. Any individual, firm, corporation, partnership, franchisee, association or
governmental entity.
PUBLIC WATERS. Waters of the state as defined in M.S. § 1036.005, subd. 15, as it may
be amended from time to time.
REGIONAL FLOOD. A flood that is representative of large floods known to have
occurred generally in the state and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of a 100-year recurrence interval.
RETENTION FACILITY. A permanent natural or man-made structure that provides for
the storage of storm water runoff by means of a permanent pool of water.
SEDIMENT. Solid matter carried by water, sewage, or other liquids.
STRUCTURE. Any manufactured, constructed or erected building including portable
structures and earthen structures.
SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating
the design criteria and specifications for the city’s storm water management program.
WETLANDS. Lands transitional between terrestrial and aquatic: systems where the
water table is usually at or near the surface or the land is covered by shallow water. For
purposes of this definition, wetlands must have the following attributes:
1. Have a predominance of hydric soils;
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2. Are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for
life in saturated soil conditions; and
3. Under normal circumstances support a prevalence of such vegetation.
(3) Scope and effect.
(a) Applicability. This section shall apply to any land alteration requiring any of the
following permits or approvals:
1. A building permit for new multiple-family residential (three or more attached
dwelling units), commercial, industrial, or institutional development;
2. A preliminary plat;
3. Land alteration permit as regulated by § 9.106 (J);
4. A building permit for a single-family or two-family residential dwelling except
that only subdivisions (3) through (7) of this division shall apply; or
5. Public improvement projects.
6. No building permit, preliminary plat, excavation permit or public improvement
project shall be approved until approval of a storm water management plan has been
obtained in strict conformance with the provisions of this section.
7. All projects either creating or disturbing one acre or greater of new
imperviousland will require the submittal of a storm water management plan.
(b) Exemptions. The provisions of this section do not apply to:
1. Construction of a single-family or two-family dwelling or any structure or land
alteration accessory thereto except that the provisions of subdivisions (3) through (7) of
this division shall apply;
2. Any currently valid building permit, preliminary plat, excavation permit, or public
improvement project approved prior to the effective date of this article;
3. Construction of agricultural structures or land alterations associated with
agricultural uses unless an excavation permit is required by § 9.106(J);
4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts
or poles; or
5. Emergency work to protect life, limb, or property.
(4) Submission requirements–storm water management plan. A storm water
management plan shall be submitted with all permit applications identified in §
9.106(I)(3). Storm water management plan submittal requirements are outlined in the
city’s SWMDS. No building or land disturbing activity will be approved unless it includes a
storm water management plan, detailing how runoff and associated water quality impacts
resulting from development will be controlled or managed.
(5) Plan review procedure.
(a) Process. Storm water management plans meeting the requirements of § 9.106(I)
and the city’s SWMDS shall be reviewed by the Engineering Division in accordance with the
standards of § 9.106(I)(6) and the city’s SWMDS. The Director of Public Works, or designee,
shall approve, approve with conditions, or deny the storm water management plan.
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(b) Duration. A storm water plan approved in accordance with this section shall
become void if the corresponding building permit, excavation permit, preliminary plat, or
public improvement project expires or becomes invalid.
(c) Conditions. A storm water management plan may be approved, subject to
compliance with conditions reasonable and necessary to insure that the requirements
contained in this article are met. Such conditions may, among other matters, limit the size,
kind or character of the proposed development, require the construction of structures,
drainage facilities, storage basins and other facilities, require replacement of vegetation,
establish required monitoring procedures, stage the work over time, require alteration of
the site design to insure buffering, and require the conveyance, for storm water
management purposes, to the city or other public entity of certain lands or interests
therein.
(d) Letter of credit. Prior to approval of any storm water management plan, the
applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site
restoration. The letter of credit or cash escrow amount shall be in the amount specified by
the current city SWMDS.
(e) Amendment. A storm water management plan may be revised in the same
manner as originally approved.
(6) Approval standards. No storm water management plan which fails to meet the
standards contained in this section shall be approved by the city.
(a) General criteria for storm water management plans.
1. An applicant shall install or construct all storm water management facilities
according the criteria outlined in the city’s SWMDS.
2. The applicant shall give consideration to reducing the need for storm water
management facilities by incorporating the use of natural topography and land cover, such
as wetlands, ponds, natural swales and depressions, as they exist before development, to
the degree that they can accommodate the additional flow of water without compromising
the integrity or quality of the wetland or pond.
3. The following storm water management practices shall be investigated in
developing a storm water management plan in the following descending order of
preference:
a. Infiltration of runoff on-site, if suitable soil conditions are available for use;
b. Flow attenuation by use of open vegetated swales and natural depressions;
c. Storm water retention facilities; and
d. Storm water detention facilities.
4. A combination of successive practices may be used to achieve the applicable
minimum control requirements specified in subdivision 3. above. Justification shall be
provided by the applicant for the method selected.
(b) Specifications. At a minimum, applicants shall comply with all of the NPDES
general construction storm water permit requirements.
(c) Wetlands. Existing wetlands may be used for storm water management purposes,
provided the following criteria are met:
1. The wetland shall not be classified as a Group I or II water within the City Water
Resource Management Plan.
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2. A protective buffer strip of natural vegetation, at least ten feet in width, shall
surround all wetlands.
3. A sediment trapping device or area that is designed to trap sediments 0.5
millimeters in size or greater, with a trap volume size based upon a prescribed
maintenance schedule, shall be installed prior to discharge of storm water into the
wetlands.
4. The natural outlet control elevation of the wetlands, if it is not a DNR public
water, shall not be changed, except when either i) the outlet is intended to restore the
wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet
control is placed no lower than 1.5 feet below the ordinary high water mark, iii) the
proposed level control is identified in the City Water Resource Management Plan, or iv) the
level change is approved by a technical evaluation panel convened pursuant to the state
Wetland Conservation Act of 1991 (WCA).
5. The water fluctuation from storm water shall not be increased over what occurs
naturally, except as provided in subdivision 4.c. above.
6. The wetland shall not be a protected fen.
7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas in accordance with the WCA. When wetland
replacement is required, it shall be guided by the following principles in descending order
of priority:
a. Avoiding the direct or indirect impact of the activity that may destroy or
diminish the wetland;
b. Minimizing the impact by limiting the degree or magnitude of the wetland
activity and its implementation;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected
wetland environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations during the life of the activity; and
e. Compensating for the impact by replacing or providing substitute wetland
resources or environments.
8. If the wetland is a DNR public water, all necessary permits from the DNR shall be
obtained.
(d) Models/methodologies/computations. Hydrologic models and design
methodologies used for the determination of runoff and analysis of storm water
management structures shall be approved by the Director of Public Works. Plans,
specifications and computations for storm water management facilities submitted for
review shall be sealed and signed by a registered professional engineer. All computations
shall appear on the plans submitted for review, unless otherwise approved by the Director
of Public Works.
(e) Watershed management plans/groundwater management plans. Storm water
management plans shall be consistent with adopted watershed management plans and
groundwater management plans prepared in accordance with M.S. §§ 103B.231 and
103B.255, respectively, as they may be amended from time to time, and as approved by the
Minnesota Board of Water and Soil Resources in accordance with the state law.
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(7) Storm water management fee.
(a) When required. In lieu of the storm water management facilities required in §
9.106(I), the city may allow an applicant to make a monetary contribution to the
development and maintenance of community storm water management facilities, designed
to serve multiple land disturbing and development activities, when consistent with the
City’s Water Resource Management Plan.
(b) Calculation of fee. The amount of monetary contribution shall be found in the
SWMDS. For preliminary plats, an estimated impervious coverage per lot, subject to the
approval of the Director of Public Works, shall be included in the total impervious surface
area calculation.
(c) Payment of fee. Payment of a monetary contribution shall occur as follows:
1. Building permit–upon issuance of building permit.
2. Excavation permit–upon issuance of excavation permit.
3. Preliminary plat–upon approval of final plat or commencement of land alteration,
whichever occurs first.
(8) Inspection and maintenance. All storm water management facilities shall be
designed to minimize the need for maintenance, to provide access for maintenance
purposes, and to be structurally sound. In addition, the following maintenance standards
shall apply:
(a) All storm water detention periods shall be maintained to ensure continued
effective removal of pollutants from storm water runoff. In addition, upon 50% of the
pond’s original design volume being filled with sediment, the sediment shall be removed
and the pond restored to its original design.
(b) The Director of Public Works, or designated representative, shall inspect all storm
water management facilities during construction, during the first year of operation, and at
least once every five years thereafter.
(c) All permanent storm water management facilities must provide a maintenance
agreement with the city that documents all responsibilities for operation and maintenance
of long-term storm water management facilities. Such responsibilities shall be documented
in a maintenance plan and executed through a maintenance agreement. All maintenance
agreements must be approved by the city and recorded at the County Recorder’s office
prior to final plan approval. At a minimum, the maintenance agreement shall describe the
inspection and maintenance obligations:
1. The responsible party who is permanently responsible for inspection and
maintenance of the structural and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the city and its representatives the right of entry for the purposes of
inspecting all permanent storm water management systems.
4. Allow the city the right to repair and maintain the facility, if necessary
maintenance is not performed after proper and reasonable notice to the responsible party
of the permanent storm water management system.
5. Include a maintenance plan that contains, but is not limited to, the following:
a. Identification of all structural permanent storm water management systems.
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b. A schedule for regular inspections, monitoring, and maintenance for each
practice. Monitoring shall verify whether the practice is functioning as designed and may
include, but is not limited to, quality, temperature, and quantity of runoff.
c. Identification of the responsible party for conducting the inspection, monitoring
and maintenance for each practice.
d. Include a schedule and format for reporting compliance with the maintenance
agreement to the city.
e. Right of entry. The issuance of a permit constitutes a right of entry for the city
or its contractor to enter upon the construction site. The applicant shall allow the city and
its authorized representatives, upon presentation of credentials, to:
i. Enter upon the permitted site for the purpose of obtaining information,
examining records, conducting investigations or surveys.
ii. Bring such equipment upon the permitted development as is necessary to
conduct such surveys and investigations.
iii. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the permit.
iv. Inspect the storm water pollution control measures.
v. Sample and monitor any items or activities pertaining to storm water pollution
control measures.
vi. Correct deficiencies in storm water, erosion and sediment control measures.
(d) Storm water management facilities serving a single-family residential area or
subdivision, but more than one single-family lot, shall be maintained by the city. The cost
incurred by the city for maintenance of said facilities shall be assessed, levied through a
special storm water taxing district against the properties contributing storm water runoff
to or through the facility, or by the city’s storm water utility.
(e) Storm water management facilities serving a multiple-family residential building
or development; a commercial, industrial or institutional building or development; or an
individual parcel shall be maintained by the property owner on which the facility is located,
unless it is determined by the Director of Public Works that it is in the best interests of the
city for the city to maintain such facilities. If the city is to maintain the storm water
management facilities, the cost incurred by the city for the maintenance may be assessed or
levied as described in subsection (d) above.
(9) Penalty. Any person, firm or corporation violating any provision of this section
shall be fined not less than deemed committed on each day during or on which a violation
occurs or continues.
(10) Other controls. In the event of any conflict between the provisions of this section
and the provisions of the city code, the more restrictive standard prevails.
(J) Land alterations.
(1) Purpose. The purpose of this section is to manage land alterations within the city
and provide for the review and approval of proposed grades prior to land alteration
activities.
(2) In general. No person, firm or corporation may engage in any excavation, grading
or filling of any land in the city without first having secured a permit from the Public Works
Director in accordance with this section.
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(3) Exemption. The removal of material for the purpose of constructing a basement or
placement of footings is exempt from the provisions of this section, provided a grading plan
was submitted and approved as part of the review and approval process. Grading of new
subdivisions or developments is also exempt from the provisions of this section, provided a
grading plan was submitted and approved as part of the review and approval process.
(4) Land alteration permit required. A land alteration permit from the Public Works
Director is required for any of the following activities:
(a) Placement, removal or grading of more than ten cubic yards of earthen material
on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a
lake or wetland.
(b) Placement, removal or grading of more than 50 cubic yards of earthen material
anywhere in the city.
(c) Placement, removal or grading of earthen material within ten feet of any property
line, or when such activity alters the drainage patterns of adjacent property.
(5) Conditional use permit required. A conditional use permit is required for any of the
following activities:
(a) Placement, removal or grading of more than 500 cubic yards of earthen material
on developed property zoned R-1 or R-2.
(b) Placement, removal or grading of more than 1,000 cubic yards of earthen material
on undeveloped property zoned R-1 or R-2.
(c) Placement, removal or grading of more than 1,500 cubic yards of earthen material
on property zoned R-3, R-4 or LB.
(d) Placement, removal or grading of more than 2,000 cubic yards of earthen material
on property zoned GB, CBD, I-1, I-2, or MXD.
(6) Submittal requirements. An application for a land alteration permit shall include
the following:
(a) A legal description of the land to be altered.
(b) The nature of the proposed alteration and future use of the property.
(c) The starting date and completion date of the land alteration.
(d) The names and addresses of all the owners of all the land to be altered.
(e) Scaled plans, showing the existing and proposed topography with two- foot
contour intervals, and signed by a registered surveyor or engineer in the State of
Minnesota.
(f) A scaled plan, showing existing and proposed vegetation and ground cover.
(g) An erosion and sedimentation control plan.
(Q) Erosion and sediment control.
(1) Purpose.
(a) During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and causing the
siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates
repair of sewers and ditches and the dredging of lakes.
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(b) As a result, the purpose of this local regulation is to safeguard persons, protect
property, and prevent damage to the environment in the city. This division will also
promote the public welfare by guiding, regulating, and controlling the design, construction,
use, and maintenance of any development or other activity that disturbs or breaks the
topsoil or results in the movement of earth on land in the city. This division is to be used in
supplement to the City Zoning Code, § 9.106 and to any other regulations as required by
state agencies.
(2) Definitions. For the purpose of this division, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
AS-BUILT PLANS. Record drawings of approved and as-constructed improvements.
BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water
quality management practices that are the most effective and practicable means of
controlling, preventing, and minimizing degradation of surface water, including avoidance
of impacts, construction phasing, minimizing the length of time soil areas are exposed,
prohibitions, and other management practices published by state or designated area-wide
planning agencies.
CLEARING. Any activity that removes the vegetative surface cover.
CONSERVATION EASEMENT. Legal land preservation agreement between a
landowner and a municipality or a qualified land protection organization. The easement
confers the transfer of usage rights from one party to another.
CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the
topography, or the existing soil cover (both vegetative and non-vegetative). Examples of
construction activity may include clearing, grading, filling and excavating.
CONTRACTOR. The party who signs the construction contract. Where the construction
project involves more than one contractor, the general contractor shall be the contractor
that is responsible pursuant to the obligations set forth in this division.
DEVELOPER. The party who signs the development agreement with the city to
construct a project.
DEWATERING. The removal of water for construction activity. It can be a discharge of
appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota
Department of Natural Resources permits are required to be appropriated, and if
contaminated, may require other MPCA permits to be discharged.
EROSION. The wearing away of the ground surface as a result of movement of wind,
water, ice and/or land disturbance activities.
EROSION CONTROL. A measure that prevents erosion, including, but not limited to:
soil stabilization practices, limited grading, mulch, temporary or permanent cover, and
construction phasing.
EROSION CONTROL INSPECTOR. A designated agent given authority by the city to
inspect and maintain erosion and sediment control practices.
FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade
completed as part of individual site development.
FINAL STABILIZATION. All soil disturbing activities at the site have been completed
and a uniform (evenly distributed, without large bare areas) perennial vegetative cover,
with a density of 70% of approved vegetative cover, for the area has been established on all
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unpaved areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures have been employed.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the
municipality for the construction or alteration of the ground and for the improvements and
structures for the control of erosion, runoff, and grading. Hereinafter referred to as
GRADING PERMIT.
GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or
under the direction of a licensed professional engineer. Plans are required to indicate the
specific measures and sequencing to be used to control grading, sediment and erosion on a
development site during and after construction as detailed in the "Zoning Ordinance" and
City SWPPP.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the
entry of water into the soil and causes water to run off the surface in greater quantities and
at an increased rate of flow than prior to development. Examples include rooftops,
sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel
roads.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from
water or wind and the movement of sediments into or upon waters or lands within the
city’s jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating,
transporting and filling.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program
for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits
under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of
Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345.
PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a
site by filtering sediment-laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asphalt,
and concrete.
PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each
phase completed before the clearing of the next.
PUBLIC WATERWAY. Any body of water, including, but not limited to, lakes, ponds,
rivers, streams, and bodies of water delineated by the city or other state or federal agency.
PUBLIC WORKS DIRECTOR. A registered professional engineer with the State of
Minnesota who has received training and is given authority by the city to review, authorize,
approve, inspect, and maintain erosion and sediment control plans and practices.
ROUGH GRADE. Excavation or fill of material to a condition suitable for general
maintenance.
SEDIMENT. The product of an erosion process; solid material, both mineral and
organic, that is in suspension, is being transported, or has been moved by water, air, or ice,
and has come to rest on the earth’s surface, either above or below water level.
SEDIMENT CONTROL. Measures and methods employed to prevent sediment from
leaving the site. Sediment control practices may include, but are not limited to, silt fences,
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sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope
drains, storm drain inlet protection, and temporary or permanent sedimentation basins.
SITE. A parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
STABILIZED. The exposed ground surface has been covered by appropriate materials
such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents
erosion from occurring. Grass seeding is not stabilization.
STANDARD PLATES. General drawings having or showing similar characteristics or
qualities that are representative of a construction practice or activity.
START OF CONSTRUCTION. The first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, excavation and filling.
STORM WATER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes
precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff
and drainage.
STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP). A program for
managing and reducing storm water discharge that includes erosion prevention measures
and sediment controls that, when implemented, will decrease soil erosion on a parcel of
land and decrease off-site nonpoint pollution.
SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands,
reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation
systems, whether natural or artificial, public or private.
TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of
temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting.
WATERWAY. A channel that directs surface runoff to a watercourse or to the public
storm drain.
WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout
the site.
WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F, and
includes those areas that are inundated or saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed
wetlands designed for wastewater treatment are not waters of the state.
ZONING ORDINANCE. City code detailing city specifications for all plan requirements.
(3) Permits.
(a) Approval. No person shall be granted a grading permit for land-disturbing activity
that would require the uncovering or distributing of material in excess of any of the
following measurements without the approval of a Grading, Erosion and Sediment Control,
and Storm Water Management Plan by the city.
1. Ten thousand square feet.
2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land.
3. Within 1,000 feet of a waterway.
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(b) Exception. No grading permit is required for land disturbances under the
amounts specified above, or for the following activities:
1. Any emergency activity that is immediately necessary for the protection of life,
property, or natural resources.
2. General establishment of new construction lawns, or the addition of four or fewer
inches of topsoil.
3. Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(c) Application requirements.
1. Each application shall bear the name(s) and address(es) of the owner or
developer of the site, and of any consulting firm retained by the applicant, together with the
name of the applicant's principal contact at such firm.
2. A filing fee and security as outlined by the city’s Zoning Ordinance and
subdivision (d) below.
3. A Grading, Erosion and Sediment Control, and Storm Water Management Plan
meeting the requirements of this division. Each application shall include the required
number of plans and other required materials as specified on the application form.
4. The application form shall include a statement by the applicant that any land
clearing, construction, or development involving the movement of earth shall be in
accordance with the approved Grading, Erosion and Sediment Control, and Storm Water
Management Plan.
(d) Security.
1. The permittee will be required to file with the city an irrevocable, automatically
renewing letter of credit, or other improvement security in the amount specified by the
current city SWMDS for fee schedule.
a. The security shall cover all costs of engineering and inspection, site
improvements, street sweeping, repairs to erosion control measures, and maintenance of
improvements for such period as specified by the city. Such deposit shall be provided prior
to the release of the grading permit.
b. Deposit shall be released after final stabilization is complete, erosion control
measures have been removed, and their removal area inspected.
2. Individual lot developers shall be required to provide a bond with a building
permit application.
a. The security shall cover city costs for street sweeping, installation, maintenance
and repairs to erosion control measures. The bond will be in an amount as specified by the
current city SWMDS for fee schedule.
b. The security shall be released after turf is established as specified in the City
Zoning Ordinance.
(e) Procedure. The city will review each application for grading permit to determine
its conformance with the provisions of this regulation and other applicable requirements.
The city requires complete application no less than 15 working days in advance of the
desired grading permit date. Upon complete application, the city shall, in writing:
1. Approve the permit application;
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2. Approve the permit application, subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation, and issue the permit
subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission;
4. Appeals of denial of permit shall be processed in accordance with appeal to the
City Zoning Ordinance.
(4) Grading, Erosion and Sediment Control, and Storm Water Management Plan
requirements.
(a) Plan requirements. Grading, erosion control practices, sediment control practices,
storm water management practices, and waterway crossings shall meet the design criteria
set forth in the Grading, Erosion and Sediment Control, and Storm Water Management Plan,
and shall be adequate to prevent transportation of sediment from the site to the
satisfaction of the city. No land shall be disturbed until the plan is approved by the Public
Works Director, and conforms to the standards set forth herein.
(b) The Grading, Erosion and Sediment Control, and Storm Water Management Plan
shall comply with all of the NPDES general construction storm water permit requirements
and the city’s SWMDS for temporary erosion and sediment control, waste control, final
stabilization and permanent water quality.
(5) Construction requirements. Construction specifications, waterway and
watercourse protections requirements, and pollution prevention management measures
shall comply, at a minimum, with all of the NPDES general construction storm water permit
requirements, in addition to the city’s SWMDS.
(6) Inspection. Notification, procedures, material requirements, permittee inspection,
authorization, and record keeping shall comply, at a minimum, with all of the NPDES
general construction storm water permit requirements, in addition to the city’s SWMDS.
(7) Site maintenance. Responsibilities, maintenance requirements, and lapses
regarding site maintenance shall comply, at a minimum, with all of the NPDES general
construction storm water permit requirements, in addition to the city’s SWMDS.
(8) Final stabilization requirements. Final stabilization is not complete until the
criteria laid out in the NPDES general construction storm water permit and the city’s
SWMDS are met.
(9) Post-construction storm water management. All post-construction storm water
management plans must be submitted to the Public Works Director prior to the start of
construction activity. Standards for post-construction storm water management shall be as
follows:
(a) Specifications. At a minimum, applicants shall comply with all of the NPDES
general construction storm water permit requirements.
(b) Design criteria. Permanent storm water management systems shall meet the
design criteria as provided in the city’s SWMDS.
(c) Maintenance agreement. The applicant shall enter into a maintenance agreement
with the city that documents all responsibilities for operation and maintenance of long-
term storm water treatment BMPs. Such responsibilities shall be documented in a
maintenance plan and executed through a maintenance agreement. All maintenance
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agreements must be approved by the city and recorded at the County Recorder’s office
prior to final plan approval. At a minimum, the maintenance agreement shall describe the
following inspection and maintenance obligations:
1. The responsible party who is permanently responsible for inspection and
maintenance of the structural and nonstructural measures.
2. Pass responsibilities for such maintenance to successors in title.
3. Allow the city and its representatives the right of entry for the purposes of
inspecting all permanent storm water management systems.
4. Allow the city the right to repair and maintain the facility, if necessary
maintenance is not performed, after proper and reasonable notice to the responsible party
of the permanent storm water management system.
5. Include a maintenance plan that contains, but is not limited to, the following:
a. Identification of all structural permanent storm water management systems.
b. A schedule for regular inspections, monitoring, and maintenance for each
practice. Monitoring shall verify whether the practice is functioning as designed and may
include, but is not limited to, quality, temperature, and quantity of runoff.
c. Identification of the responsible party for conducting the inspection, monitoring,
and maintenance for each practice.
d. Include a schedule and format for reporting to the city compliance with the
maintenance agreement.
6. The issuance of a permit constitutes a right of entry for the city or its contractor
to enter upon the construction site. The applicant shall allow the city and its authorized
representatives, upon presentation of credentials, to:
a. Enter upon the permitted site for the purpose of obtaining information,
examining records, conducting investigations or surveys.
b. Bring such equipment upon the permitted development as is necessary to
conduct such surveys and investigations.
c. Examine and copy any books, papers, records, or memoranda pertaining to
activities or records required to be kept under the terms and conditions of the permit.
d. Inspect the storm water pollution control measures.
e. Sample and monitor any items or activities pertaining to storm water pollution
control measures.
f. Correct deficiencies in storm water and erosion and sediment control measures.
(10) Certification.
(a) Approved Grading, Erosion and Sediment Control, and Storm Water Management
Plan. Plans for grading, stripping, excavating, and filling work, bearing the approval of the
Public Works Director, shall be maintained at the site during the progress of the work.
(b) Procedure. The city will withhold issuance of building permits until the approved
certified Grading Plan and Site Development Plan are on file with the city, all securities as
required by this division are received, conservation posts are installed, and all erosion
control measures are in place as determined by the Public Works Director.
(c) As-built Grading Plan and Development Plan. Within 60 days after completion of
site development, as per the approved Grading, Erosion and Sediment, and Storm Water
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Management Plan, the developer shall provide the city with an As-built Grading Plan and
Development Plan as defined in the City Zoning Ordinance.
(d) Removal of erosion control measures. The above-specified requirements will be
authorized for removal upon the sodding of the rear yards, completion of punch list items
involving ponds and slopes, final stabilization, completion of proper turf establishment, and
placement of the proper conservation easement posts and signs as specified. Inspection is
required after the removal of erosion control measures to verify proper restoration. Please
refer to City Zoning Ordinance for specifications.
(11) Enforcement.
(a) Notice of violation.
1. In the event that any work on the site does not conform to the approved erosion
and sediment control plan, or any of the requirements listed in the provisions of this
article, the Public Works Director, or his or her designee, shall issue a written notice of
violation to the applicant, detailing the corrective actions necessary for compliance.
2. The applicant shall conduct the corrective actions within the time period
determined by the city and stated in the notice.
3. If an imminent hazard exists, the city may require that the corrective work begin
immediately.
(b) Stop work order/revocation of site development permit.
1. In the event that any person holding a site development permit pursuant to this
article violates the terms of the permit or implements site development in such a manner
as to materially adversely affect the health, welfare, environment, or safety of persons
residing or working in the neighborhood or development site so as to be materially
detrimental to the public welfare or injurious to property or improvements in the
neighborhood, the city may suspend or revoke the site development permit through the
issuance of a stop work order, or the revocation of the site development or building permit.
2. The city may draw down on the grading permit security, with 30 days written
notice to developer, for any violation of the terms of this contract related to landscaping, if
the violation is not cured within such 30-day period, or if the security is allowed to lapse
prior to the end of the required term. If the security is drawn down, the proceeds shall be
used to cure the default.
3. No development, utility or street construction will be allowed and no building
permits will be issued unless the development is in full compliance with the requirements
of this subdivision.
(c) Violation and penalties.
1. No person shall construct, enlarge, alter, repair, or maintain any grading,
excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of
this division. Any person violating any of the provisions of this division shall be deemed
guilty of a misdemeanor and each day during which any violation of any of the provisions
of this division is committed, continued, or permitted, shall constitute a separate offense.
2. Upon conviction of any such violation, such person, partnership, or corporation
shall be punished by a fine as specified by the city ordinance for fee schedule for each
offense. In addition to any other penalty authorized by this section, any person,
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partnership, or corporation convicted of violating any of the provisions of this division shall
be required to bear the expense of such restoration.
§ 9.116 SUBDIVISION REGULATIONS.
(A) Purpose. The purpose of this section is to provide for the orderly and economic
development of land and urban facilities, and to promote the public health, safety and
general welfare of the community by establishing physical standards and procedures for
the subdivision of land.
(B) Authority. The Council hereby established the following rules and regulations
pursuant to the authority provided in Minnesota Statutes, to regulate, control and maintain
streets and provide for platting of property.
(C) Plats and data.
(1) Sketch plans. Sketch plans shall contain as a minimum, the following information:
(a) Tract boundaries.
(b) North point.
(c) Streets on and adjacent to the tract.
(d) Significant topographical and physical features.
(e) Proposed general street layout.
(f) Proposed general land use.
(g) Name of owner and/or developer.
(h) Zoning on and adjacent to tract.
(2) Preliminary plat. A preliminary plat shall contain the following information:
(a) Identification and description.
1. Proposed name of subdivision, which name shall not duplicate or be similar to the
name of any other plant.
2. Location by section, town, range or by other legal description.
3. Names and addresses of the owner, subdivider, surveyor and designer of the plan.
4. Graphic scale.
5. North point.
6. Date of preparation.
7. Certification by surveyor certifying to accuracy of survey.
(b) Existing conditions.
1. Boundary line of proposed subdivision clearly indicated.
2. Existing zoning classification, if any.
3. Total acreage, including greenspace percentage.
4. Location, widths and names of all existing or previously platted streets or other
public way, showing type, width and also condition of improvements, if any, railroad and
utility rights-of-way, parks and other public spaces, permanent buildings and structures,
easements and section and corporate line within the tract, and to a distance of 100 feet
beyond the tract. Such data as grades, invert elevations and locations of catch basins,
manholes and hydrants, if any, shall also be known.
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5. Boundary lines of adjoining unsubdivided or subdivided land within 100 feet,
identifying by name and ownership.
6. Topographical data, including contours at vertical intervals of not more than 2
feet, except that contour lines shall be no more than 100 feet apart. Watercourses, marshes,
wooded areas, rock outcrops, power transmission poles and lines, buildings and other
significant features shall also be shown.
7. All elevations, topography and vertical control data shall be tied to sea level
datum, 1929 General Adjustments. Temporary benchmarks shall be established within the
boundaries of the subdivision. Descriptions, reference ties and elevations of the
benchmarks shall be furnished to the City Engineer.
8. Reference to recorded subdivision plat or adjoining platted land by record, name,
date and number.
9. The location and size of all existing sanitary sewer, water or storm sewer, trunks,
laterals or services on or adjacent to the property.
(c) Design features.
1. Primary control points, with descriptions and “ties” to such control points to
which all dimensions, angles, bearings and similar data on the plan shall be referred.
2. Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-
way and property lines of residential lots and other sites; with accurate dimensions,
bearings or deflection angles and radii, arcs and central angles of all curves.
3. Name and right-of-way width of each street or other right-of-way.
4. Location, dimensions and purpose of any easements.
5. An identification system for all lots and blocks.
6. Site data including number of residential lots, typical lot size, and acres in park,
and the like.
7. Sites, if any, to be reserved for parks or other public uses.
8. Sites, if any, for multi-family dwellings, shopping centers, churches, industry or
other non-public uses exclusive of single-family dwellings.
9. Minimum building setback line on all lots and other sites with the width of lot
shown at setback line.
10. Location and description of monuments.
(d) Preliminary grading and drainage plan. Including earthwork quantities, final
grades (4:1 maximum slopes), building pad elevations, existing and proposed topography
at two- foot intervals, drainage calculations, 10-year storm pipe design, 100-year storm
level of protection, direction of drainage around each building pad location, appropriate
easements as required.
(e) Preliminary erosion control plan. Including method, location and detail of erosion
control measures, consistent with § 9.106(I)(6)(g), [ML1]where applicable.
(f) Preliminary utility and/or on-site sewage treatment plan.
1. Plan and profile showing existing utilities, proposed utilities, connection with
existing utilities (watermain, sanitary sewer, storm sewer) appropriate easements as
required.
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2. Note whether utilities will be publicly or privately constructed, owned and
maintained.
(g) Preliminary street plan. Plan and profile showing internal roads, grades, lengths
of cul-de-sacs, curb data (horizontal and vertical), connection to existing streets or platted
right- of-way, provisions for future extensions or connections to adjacent land, appropriate
easements of right-of-way.
(h) Preliminary wetland plan. Plan showing fill or draining of any wetland including
sequencing justification and proposed mitigation. All wetlands must be delineated in
accordance with 1989 Federal Manual for Identifying and Delineating Wetlands.
(i) Preliminary landscape plan. Landscaping required by city landscape policy. Plan
must identify location, size species and quantity of plant materials.
(j) Right-of-way requirements. Letter from Anoka County and/or MN/DOT
containing recommendations and/or regulations on access or right-of-way requirements, if
the property abuts county or state roads or right-of-way, or proposes access to a state of
county road.
(k) Supplementary data to be supplied with preliminary plat
1. Names or record owners of adjoining unplatted land.
2. Protective covenants in form of recording, if any.
3. Other information such as certificates, affidavits, endorsements, photographs,
traffic studies or other information as may be required by the City Council and/or the
Planning Commission and/or the city staff in the enforcement of these regulations.
4. Soil borings and analysis, if required by the City Engineer or Chief Building
Official.
5. Evidence that ground water control is at least ten feet below the level of finished
grades or plan for solving ground water problems, if required by the City Engineer.
6. The size and dimension of all lots.
7. Notarized certification by owner and by any mortgage holder of record, of the
adoption of the plat and the dedication of streets and other public area.
(3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and
shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the
City Engineer and in all other respects shall comply with Minnesota Statutes. Where
necessary, plat or final plat may be on several sheets accompanied by a key map showing
the entire subdivision. For large subdivisions, the final plat may be submitted for approval
progressively in contiguous sections satisfactory to the City Council.
(a) The final plat shall contain the following information:
1. Certifications showing that all taxes due on the property to be subdivided have
been paid in full.
2. An attorney’s opinion of title showing title or control of the property to be
subdivided in the application.
3. Name of the subdivision, which shall not duplicate or too closely approximate the
name of any existing subdivision.
4. Location of section, township, range, county and state, and including descriptive
boundaries of the subdivision, based on an accurate traverse, giving angular and linear
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dimensions, which must mathematically close. The allowable error closure of any portion
of a final plat shall be 1 in 7,500.
5. The location of monuments shall be shown and described on the final plat.
Locations of such monuments shall be shown in reference to existing official monuments
on the nearest established street lines, including true angles and distances to such
reference points or monuments.
6. Location of lots, streets, public highways, alleys, parks and other features, with
accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all
curbs, and with all other information necessary to reproduce the plat on the ground shall
be shown. Dimensions shall be shown from all angle points of curb to lot lines.
7. Lots shall be numbered clearly. Blocks are to be numbered with numbers shown
clearly in the center of the block.
8. The exact locations, widths and names of all streets.
9. Location and width of all easements.
10. Name and address of surveyor making the plat.
11. Scale of plat (the scale to be shown graphically on the bar scale), date and north
arrow.
12. Statement dedicating all easements as follows and drainage facilities are
reserved over, under, and along the strips marked “utility easements.”
13. Statement dedicating all streets, alleys and other public areas not previously
dedicated as follows: Streets, alleys and other public areas shown on this plat and not
heretofore dedicated to public use are hereby so dedicated.
14. Certification by registered surveyor in the form required by M.S. § 505.03, as
amended.
15. Execution of all owners of any interest in the land and any holders of an
mortgage thereon of the certificates required by M.S. § 505.03, as amended, and which
certificate shall include a dedication of the utility easements and other public areas in such
form as approved by the City Council.
16. Space for certificates of approval and review to be filled in by the signatures of
the City Engineer, City Clerk and Anoka County Surveyor.
(b) Additional plans to be submitted with the final plat include the following:
1. Final utility plan. Plan and profile showing existing utilities, proposed utilities,
connection with existing utilities (watermain, sanitary sewer, storm sewer) appropriate
easements as required. Note whether utilities will be publicly or privately constructed,
owned and maintained.
2. Final wetland plan. Plan showing fill or draining of any wetland including
sequencing justification and proposed mitigation. All wetlands must be delineated in
accordance with 1989 Federal Manual for Identifying and Delineating Wetlands.
3. Landscape plan. Plan showing reforestation required by this article and
landscaping required by city landscape policy. Plan must identify location, size, species and
quantity of plant materials.
4. Final street plans for requirements established in § 9.116(D).
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5. Park dedication. It is deemed necessary and consistent with sound city planning
to provide in each new proposed plat or subdivision, areas for future development of park
and recreational purposes. Each plat shall hereafter provide for a dedication to the
municipality, an area not less than 10% of the total proposed area to be subdivided.
a. Such area shall consist of developable and usable land and shall be located so as
to serve the present and future needs of the community for recreational or park purposes.
b. The Planning Commission and the Council shall consider the proposed location
in relation to existing or contemplated recreational and park sites in other parts of the
community and as to the suitability in meeting the requirements of the city’s
comprehensive plan.
c. The following properties shall not be accepted for purposes of the owner’s
compliance with divisions (C)(3)(b)5.a. or b. above: Land dedicated or obtained as
easements for storm water retention, drainage, roadway and other utility purposes.
d. This requirement may be waived and/or modified by the Council after
recommendation by the Planning Commission for one of the following reasons:
i. The enforcement of this provision would act as an extreme hardship to the
property owner, because of the size of the tract involved, the topography of the land
(zoning areas involved) or the owner has already dedicated comparable areas in other
subdivisions in the city.
ii. The owner contributes the cash equivalent to the city for the Parks Capital
Improvement Fund of the city. A cash equivalent shall be a sum mutually agreed upon
representing 10% of the market value of the tract in an underdeveloped state on the date
the preliminary plat is presented to the city.
e. The city, at its sole discretion, may consider a combination of an area dedication
and cash contribution to total the 10% park dedication contribution.
(D) Design standards.
(1) The following design standards are to be followed unless the City Council shall
permit a variance because of unusual circumstances due to the topography, placement of
buildings or other factors making it reasonable to vary the standards set forth without
nullifying the intent and purpose of the comprehensive plan or this section.
(2) Streets.
(a) The arrangement, character, extent, width, grade and location of all streets shall
conform to the comprehensive plan and shall be considered in their relation to existing and
planned streets, to topographical conditions, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served by such streets.
(b) Where such is not shown in the comprehensive plan, the arrangement of streets
in the subdivision shall either:
1. Provide for the continuation or appropriate projection of existing principal
streets in surrounding areas; or
2. Conform to a plan for the neighborhood approved or adopted by the City Council
to meet a particular situation where topography or other conditions make continuance or
conformance to existing streets impractical.
(Ord. 1428, passed 5-29-01; Am. Ord.1470, passed 6-28-04; Am. Ord. 1537, passed 3-10-
08)
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CITY COUNCIL WORK SESSION
AGENDA SECTION WORK SESSION ITEMS
MEETING DATE FEBRUARY 7, 2022
ITEM: Council Agenda Community Forum Discussion
DEPARTMENT: Administration BY/DATE: Kelli Bourgeois, February 3, 2022
CITY STRATEGY: (please indicate areas that apply by adding a bold “X” in front of the selected text below)
_Safe Community _Diverse, Welcoming “Small-Town” Feel
_Economic Strength _Excellent Housing/Neighborhoods
_Equity and Affordability _Strong Infrastructure/Public Services
_Opportunities for Play and Learning _Engaged, Multi-Generational, Multi-Cultural Population
BACKGROUND:
Councilmember Novitsky has asked to have a discussion regarding the Council Meeting Community Forum.
For reference, this is the notice that is included on the Council agenda for the Open Forum:
At this time, individuals may address the City Council about any items not included on the regular agenda.
Speakers that are in-person are requested to come to the podium. All speakers need to state their name and
connection to Columbia Heights, and limit their comments to five (5) minutes. All speakers are also asked to
fill out this information as well as their address on a form for the Council Secretary’s record. Those in
attendance virtually should send this information in the chat function to the moderator. The City Council will
listen to brief remarks, ask clarifying questions, and if needed, request staff to follow up or dir ect the matter
to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at
the Community Forum at the meeting on which they are raised.
ATTACHMENT(S):
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